Genix
Terms of service
16
Jun 2024
Welcome to the official online platform of Genix App S.R.L., a limited liability company referred to as "Genix," "we," "us," or "our." Our platform is dedicated to offering a comprehensive social media experience to our valued users. By accessing any part of our website or application, you affirm your agreement to adhere to the terms and conditions outlined in this document. These Terms of Service apply to all users, and it is essential to familiarize yourself with them before utilizing our platform. If you do not agree with any part of these terms, we kindly request that you refrain from accessing the site or using any of its services. Please note that any new features or tools introduced on the platform will also be subject to these terms.
To access and utilize the platform, you must be at least thirteen (13) years old. By using this platform, you acknowledge that you have reviewed and consented to these Terms of Service. This constitutes a legally binding agreement, governed by the laws of Romania, between you and Genix App S.R.L. Failure to accept these terms necessitates abstaining from using the platform or any associated content or services. The terms "you" or "your" refer to the individual or entity identified as the user upon registration on the platform.
1. ACCEPTANCE OF TERMS AND PRIVACY POLICY:
1.1 By consenting to this Agreement, creating an account, or using Genix, you agree to these Terms. You confirm that you have read, understood, and agree to comply with our Terms of Use and Privacy Policy. Your acceptance indicates your consent to these terms and policies, which govern your use of our migration consulting services. If you do not agree with any part of the Terms of Use or Privacy Policy, you should refrain from using the Site.
2. USER ACCOUNTS REGISTRATION AND USAGE:
2.1 Account Creation:
a) To access specific features of the Genix platform, you need to register an account.
b) You agree to provide accurate and current information during registration and update it as needed.
c) Genix reserves the right to delete accounts and restrict future site access if false information is provided or inaccuracies are suspected.
d) Safeguard your password and account security, promptly reporting any unauthorized use or breaches to Genix.
e) Maintain password confidentiality and refrain from sharing it or allowing unauthorized access.
f) Keep account information confidential, including username and password, and accept responsibility for all activity under your account.
g) Notify Genix immediately of any unauthorized account use or security breaches.
2.2 Information Screening:
Users can submit data for background checks via the platform, subject to the Privacy Policy. Submission indicates consent to the screening process. Genix does not intervene in screening matters unless there's a technical issue or as specified in platform requirements or law.
3. USE OF THE PLATFORM TERMS:
3.1 You may use the Platform solely for lawful purposes and in accordance with these Terms.
3.2 You agree not to:
a) Engage in any commercial use of the Platform or its content;
b) Access or use any part of the Platform if you are a direct or indirect competitor of Genix;
c) Use or distribute any information from the Platform, including verified information, to create or contribute to a database or product;
d) Interfere with the security of the Platform or attempt unauthorized access to the Platform or its server systems;
e) Use the Platform to transmit any illegal, harassing, defamatory, obscene, or otherwise objectionable material;
f) Violate any applicable laws or regulations;
g) Impersonate others or provide false information. You must provide accurate and up-to-date information and details;
h) Engage in unlawful, misleading, or fraudulent activities;
i) Misuse reporting, dispute, or appeals channels by making fraudulent or groundless claims;
j) Attempt unauthorized creation of accounts or collection of information;
k) Sell, license, or purchase any account or data from our Service;
l) Post someone else's private or confidential information without permission;
m) Modify, translate, create derivative works, or reverse-engineer our products;
n) Use a domain name or URL in your username without our written consent;
o) Try to collect Product usernames or passwords, or misappropriate access tokens.
p) Misuse any reporting, flagging, dispute or appeals channel, such as by making fraudulent, duplicative or groundless reports or appeals.
q) Intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3.3 Genix reserves the right, without obligation, to:
a) Modify or terminate the Platform or its Services in whole or in part;
b) Limit or terminate your access to any part of the Platform or its Services;
c) Refuse, move, or remove any content available on the Platform or any material you submit to it.
3.4 Genix reserve the right to modify your username if it is similar to an existing identifier on Genix or if we deem such action necessary or appropriate. This may occur if the chosen identifier violates the intellectual property rights of another party or constitutes an attempt to impersonate another user.
3.5 Genix retain all rights to content protected by intellectual property that we provide through our Service (e.g., images, designs, videos, or sounds). However, we acknowledge that you retain ownership of your original content.
3.6 Your utilization of our intellectual property, trademarks, or similar marks is limited to those uses explicitly permitted under our Brand Guidelines or with our prior written authorization.
3.7 Modification, creation of derivative works, decompilation, or any other attempt to extract source code from our platform requires written permission from us or authorization under a valid open-source license.
4. THE PLATFORM SERVICE AND CONTENT:
4.1 Customized User Engagement:
Genix offers a variety of accounts and features for creation, sharing, and communication, both on and off the platform. The system tailors content and opportunities based on user interests to enhance meaningful connections and participation in relevant experiences.
4.2 Secure and Supportive Atmosphere:
Genix invests in tools and resources to ensure a positive, inclusive, and secure platform. Dedicated teams and systems work to prevent abuse, policy violations, and deceptive behavior. Information may be shared with other Genix entities or law enforcement to maintain security.
4.3 Advanced Technologies:
Genix employs advanced technologies like AI and machine learning to organize and analyze information, personalize the service, and ensure its integrity and functionality on a large scale for a global community.
4.4 Impeccable Product Experience:
Genix collaborates with other International Companies, sharing technology, systems, and user data to provide a seamless and consistent experience across all Genix Company Products.
4.5 Targeted Advertising:
Genix uses data from its platform, other Genix Company Products, and third-party partners to deliver ads, offers, and sponsored content that are relevant and meaningful to users, enhancing their overall experience on Genix.
4.6 Research and Innovation:
Genix conducts studies and collaborates on research initiatives using available information to improve the service and benefit the community's well-being.
5. USER COMMITMENTS AND PERMISSIONS:
To ensure a safe and secure environment for all users on Genix, we require you to adhere to the following commitments:
5.1 User Eligibility to Use Genix:
a) You must be at least 13 years old or the minimum legal age in your country;
b) You must not be prohibited from receiving any aspect of our Service under applicable laws;
c) We must not have previously disabled your account for violations of law or our policies;
d) You must not be a convicted sex offender.
e) You must not attempt to use our platform if we have previously disabled your account for violations of our Terms, Community Standards, or other applicable terms and policies. If we disable your account for such violations, you agree not to create another account without our permission.
f) You must not try to access our platform if you are prohibited from receiving our products, services or software under applicable laws.
5.2 User Permissions:
a) We do not claim ownership of your content, but you grant us a license to use it. When you share, post, or upload content covered by intellectual property rights (e.g., photos or videos) on Genix, you grant us a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, distribute, modify, run, copy, publicly perform, display, translate, and create derivative works of your content, consistent with your privacy settings. This license ends when your content is deleted from our systems.
b) You permit us to show your username, profile picture, and information about your actions (such as reactions) next to ads, offers, and sponsored content on Genix Products, without any compensation to you.
c) You agree that we can download and install updates to the Service on your device.
By adhering to these commitments, you help us maintain a safe, secure, and enjoyable environment for all Genix users.
6. AMENDMENTS TO THE TERMS:
6.1 We may update these Terms of Service periodically, such as when we enhance the functionality of our Services, integrate multiple apps or services operated by us or our affiliates into one unified service, or respond to regulatory changes. We will make commercially reasonable efforts to notify all users of any significant changes to these Terms, such as by posting a notice on our platform. However, it is your responsibility to review the Terms regularly to stay informed of any changes. We will also update the "Last Updated" date at the top of these Terms to indicate the effective date of the revised Terms. By continuing to access or use our Services after the new Terms take effect, you agree to be bound by the updated Terms. If you do not accept the new Terms, you must discontinue your use of the Services.
7. INTELLECTUAL PROPERTY RIGHTS:
7.1 Ownership:
Genix and all its original content, including its unique features and functionality, are and shall remain the exclusive property of Genix App S.R.L. and its licensors. This includes all trademarks, service marks, and trade dress associated with Genix. Unauthorized use of our intellectual property in connection with any product or service is strictly prohibited without the prior written consent of Genix App S.R.L.
7.2 License:
By using Genix, you are granted a limited, non-exclusive, revocable license to access and use our platform for its intended purposes. This license does not permit you to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or information obtained from Genix. Any unauthorized use of Genix or its contents may violate copyright, trademark, and other applicable laws and may result in legal action.
7.3 User Content:
By posting or sharing content on Genix, you retain ownership of your intellectual property rights. However, by posting or sharing content on our platform, you grant Genix a worldwide, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your content in connection with Genix and its promotion, marketing, and advertising activities. This license exists only for as long as you choose to remain a user of Genix and shall terminate upon deletion of your content or termination of your account.
7.4 Feedback:
We welcome feedback, comments, and suggestions for improvements to Genix. By submitting any ideas, suggestions, or feedback to us, you agree that we may use such ideas, suggestions, or feedback for any purpose without compensation to you, including without limitation to improve or enhance Genix and develop new features or functionalities.
8. ACCOUNT TERMINATION AND CONTENT REMOVAL:
8.1 Content Removal:
We can remove any content or information you share on Genix if it violates our Terms of Service, policies, or legal requirements.
8.2 Determination of Breach:
If, at our discretion, you are found to have clearly, seriously, or repeatedly violated our Terms or Policies, including Community Standards, we reserve the right to take action and suspend or permanently disable your access to Genix services.
8.3 Service Termination:
We may stop providing all or part of the Service, including terminating your access to Genix, if you create risk, violate these Terms, infringe on intellectual property rights, or if required by law.
8.4 Account Disablement:
We may disable your account if:
a) Your account remains unconfirmed after registration.
b) It remains inactive over an extended period of time.
c) We Suspect unauthorized use, without verifiable ownership.
8.5 Account Deletion Requests:
When you request to delete content or your account, the process starts within 30 days and can take up to 90 days. Content remains subject to our Terms of Service and Data Policy until fully deleted. Content may not be deleted within 90 days if:
a) It has been used by others and not deleted by them.
b) Technical limitations delay deletion.
c) Deletion hinders investigations into illegal activity or term violations.
d) It's necessary for safety and security.
e) Legal obligations require preserving the content.
9. DISCLAIMER OF WARRANTIES:
9.1 THE WEBSITE AND ALL SERVICES PROVIDED BY GENIX ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.
9.2 ANY MATERIAL, INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH OUR PLATFORM ARE ACQUIRED AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA ARISING FROM SUCH DOWNLOADS. FURTHERMORE, YOU BEAR FULL RESPONSIBILITY FOR ANY IMPACT OUR WEBSITE PLATFORM MAY HAVE ON THE FUNCTIONALITY OF THIRD-PARTY SOFTWARE OR APPLICATIONS, AND YOU ACKNOWLEDGE THAT THEIR QUALITY AND PERFORMANCE ARE SOLELY YOUR RESPONSIBILITY.
10. LIMITATION OF LIABILITY:
10.1 The entities of Genix, including officers, directors, employees, shareholders, agents, affiliates, subsidiaries, and relevant third parties like advertisers, distribution partners, service providers, licensors, licensees, consultants, and contractors (referred to as "Genix Entities"), shall not be held liable for:
a) Any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, such as loss of data, profits, or business interruption, arising from contract, warranty, tort, strict liability, or any legal theory, related to this Agreement, your access or inability to access the Site, or any Genix service.
b) Content, services, or information from websites claiming association with Genix but not actually affiliated with or controlled by Genix.
c) Damages or injury resulting from failures, errors, interruptions, defects, delays, computer viruses, or line failures.
10.2 Liability Exclusions:
Our liability is not excluded or limited where unlawful. This includes liability for death, personal injury, negligence, fraud, or fraudulent misrepresentation.
10.3 Acknowledgment of Limitations:
You recognize that these limitations are fundamental to the agreement and risk allocation between the parties. If dissatisfied with the Site or Terms, your sole remedy is to cease use of the Site and Services.
11. EVALUATING PLATFORM CONTENT:
11.1 You are solely responsible for evaluating the accuracy, completeness, and relevance of all content, including but not limited to images, text, videos, posts, opinions, advice, statements, services, and other information provided through the Genix platform. Genix does not endorse or guarantee the reliability, accuracy, or quality of any information, services, or products displayed or promoted on the platform.
12. INDEMNIFICATION:
12.1 You agree to indemnify, defend, and hold harmless Genix App S.R.L., its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries, and relevant third parties, including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants, and contractors (collectively referred to as the "Genix Entities"), from and against any and all claims, demands, liabilities, damages, losses, costs, expenses, and attorney's fees arising out of or in connection with:
a) Your use of the Genix platform and services;
b) Any violation of these Terms and Conditions by you;
c) Any content or information you submit, post, transmit, or make available through the Genix platform;
d) Your violation of any rights of any other person or entity;
e) Any dispute between you and any third party, including but not limited to other users of the Genix platform;
f) Your breach of any representations or warranties made by you herein; or g) Your violation of any law or regulation.
12.2 You agree to cooperate fully with Genix in the defense of any claim that is subject to indemnification under this clause. Genix reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Genix.
13. TERMINATION:
13.1 We reserve the right to suspend or terminate your account or access to the Platform at any time, with or without cause, and with or without notice. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
14. GOVERNING LAW:
14.1 These Terms shall be governed and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Romania for the purpose of litigating all such claims or disputes.
15. DISPUTE RESOLUTION:
15.1 Mediation:
In the event of any dispute arising between the parties concerning these Terms or their interpretation, the parties shall first attempt to resolve the dispute amicably through mediation. The mediation shall be conducted by a neutral third-party mediator mutually agreed upon by both parties. The mediation process shall take place in Bacau, Romania. Each party shall bear its own costs associated with the mediation process.
15.2 Arbitration:
If the dispute cannot be resolved through mediation within sixty (60) days, the parties agree to submit the dispute to binding arbitration. The arbitration shall be conducted under the rules of the European Arbitration Chamber. The arbitration shall be conducted by a single arbitrator appointed by the Chamber. The place of arbitration shall be Bacau, Romania. The decision of the arbitrator shall be final and binding upon both parties. Each party shall bear its own costs associated with the arbitration process, unless otherwise awarded by the arbitrator.
16. THIRD-PARTY LINKS:
16.1 Our platform may contain links to third-party websites or services that are not owned or controlled by Genix App S.R.L. Genix App S.R.L. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the Genix platform, you acknowledge and agree that Genix App S.R.L. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
17. ASSIGNMENT:
17.1 You may not transfer or assign this Agreement, either in whole or in part, without obtaining prior written consent from us. Such consent may be granted or denied at our sole discretion. Any attempt to assign this Agreement in violation of this provision will be deemed invalid and without effect. We retain the right to freely assign this Agreement at any time without prior notice. Notwithstanding the above, this Agreement will be binding upon and benefit the permitted successors and assigns of each party.
18. WAIVER:
18.1 Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. We reserve the right to enforce any right or provision at any time in the future, and a waiver of any breach or default of these Terms shall not be deemed a waiver of any subsequent breach or default, nor of the provision itself.
19. SEVERABILITY:
19.1 f any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to be valid and enforceable. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.
20. NOTICES:
20.1 Any notices required or permitted under these Terms shall be in writing and shall be deemed to have been duly given if delivered personally, sent by certified mail, by a recognized courier service, or via official registered email of the parties to the addresses provided by each party. Notices shall be deemed effective upon receipt.
21. FORCE MAJEURE:
21.1 We are not liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, government actions, terrorism, technical problems, defects in power, computer systems, telecommunications or other communication and defects or delays in the service by third party suppliers due to circumstances set forth above.
22. ENTIRE AGREEMENT:
22.1 These Terms of Service, along with any policies or operating rules posted by us on this site or related to the Service, constitute the complete agreement between you and us, governing your use of the Service. They override any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any earlier versions of the Terms of Service. Any uncertainties in interpreting these Terms of Service will not be interpreted against the party responsible for drafting them.
23. CONTACT US:
23.1 To resolve a complaint regarding the Company Services or to receive further information about using the Company Services, please contact us at [email protected].