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Terms and Condition

Effective December 1, 2024

This Terms and Conditions (or "Terms") is an agreement between you and Agordia Inc., including its subsidiaries (“us,” “we,” or “gogoGENi”) and applies to websites owned and operated by Gogogeni that are intended for use by consumers (non-professionals) and professionals and businesses for commercial, non-commercial, personal, family or household purposes, including www.Gogogeni.com, and including the mobile-optimized versions of these sites and our Mobile Device Applications (we refer to these sites collectively as the “Services”). These terms, together with our Privacy Policy (which govern all privacy and data use-related aspects of your use of our Services) and Copyright Policy, which govern your use of the Services, whether or not you have created an account. Please note that we reserve the right, at our sole discretion, to change these Terms from time to time. Your continued use of these Services after any such change takes effect will be deemed to constitute your acceptance of an agreement to the new Terms. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in the future shall be subject to these Terms; they will be available in the Services, and you are deemed to have accepted them.
BY USING OR ACCESSING THE SERVICES AND/OR BY PRESSING THE AGREE BUTTON WHEN YOU ARE CREATING AN ACCOUNT WITH GOGOGENI DIRECTLY OR THROUGH AN INTEGRATED SERVICE (GOOGLE, FACEBOOK, OTHERS), YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND GOGOGENI. YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of an individual or legal entity, you represent and warrant that you have the authority to bind that individual or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that individual or other legal entity.
ABOUT THE SITE.
Through our Services, Gogogeni offers various services with online messaging, online search, communication functions, content creation, social and interactive features, and artificial intelligence services. You acknowledge that although some Content is provided by Gogogeni, the provision of such Content does not create a professional relationship, and does not constitute an opinion, any type of advice (medical, legal, financial, etc.), or diagnosis or treatment, but is only provided for informational and recreational purposes. Content means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.
ACCOUNT SIGN-UP REGISTRATION; CONDITIONS ON ACCESS AND USE OF SERVICES
ELIGIBILITY of ACCOUNTS. By pressing the "I Agree" button or by otherwise using or registering an account for the Services, you represent that (i) you are a US resident at least 13 to 18 years of age, or (ii) you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence, or (iii) your use of the Services has been approved by your parent or legal guardian.
ACCOUNT AND INTEGRATED SERVICES.In order to use our Services, you may register for an account through certain third-party social networking or integrated services, such as Facebook Connect and Google ("Integrated Service"). By registering for the Services using (or otherwise granting access to) an Integrated Service, you agree that we may access your Integrated Service's account information, and may store and use certain information already associated with the Integrated Service consistent with our Privacy Policy, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Services via the Integrated Service. You may revoke Gogogeni's access to your account on any Integrated Service at any time by updating the appropriate account settings of the respective Integrated Service. You should check your privacy settings on each Integration Service to understand and change the information sent to us through each Integration Service. You agree that any Integrated Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Services through the Integrated Service. Gogogeni does not control the practices of Integrated Services, and you are advised to read the Privacy Policy and terms and conditions of any Integrated Service that you use to understand their practices.
CHILDREN'S PRIVACY. We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age from 13 to 18 without parental or guardian supervision.
SUBSCRIPTION/USAGE FEES. You agree that Gogogeni may charge to Your Stripe Account and approved by Gogogeni ("Your Account") all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. Gogogeni may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Gogogeni will provide you with prior notice and an opportunity to terminate Your Account if Gogogeni changes the price of the Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Gogogeni is unable to collect the fees owed to Gogogeni for the Services through Your Account, Gogogeni may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Gogogeni in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that Gogogeni may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of the Service, and the Service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.
PRIVACY AND FEEDBACK.
PRIVACY POLICY. See our Privacy Policy for information and notices concerning Gogogeni's collection and use of your Personal Information. By creating an account with Gogogeni or by pressing the subscribe button in the Gogogeni Mailing list, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy forms a part of these Terms.
FEEDBACK. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services(“Feedback”). You may submit Feedback by email at gogogeni@gogogeni.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
USER CONTENT TERMS.
USER CONTENT. You agree that You are solely responsible for the content ("Content") posted, uploaded, displayed or transmitted by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to post, upload, display or transmit the Content to Gogogeni and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Gogogeni be liable in any way for any (a) Content that is posted, uploaded, displayed, transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Gogogeni is not responsible for any Content, Gogogeni may delete any Content, at any time without notice to You, if Gogogeni becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.
GOGOGENI OBLIGATIONS FOR USER CONTENT. Gogogeni will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. Gogogeni will notify You if it becomes aware of unauthorized access to Content. Gogogeni has no other obligations with respect to Content.
LICENSE TERMS.
Subject to your compliance with these Terms, Gogogeni grants you a limited, non-exclusive, non-transferable license, non-sublicensable to access and view our Service. All rights not expressly granted to you herein are reserved by Gogogeni; there are no implied licenses under this Agreement. The license granted to you in these Terms is expressly conditioned on your continued compliance with this Terms.
You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
  • Use our Services in a way that infringes, misappropriates or violates anyone's rights.
  • Modify, copy, lease, sell or distribute any of our Services.
  • Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
  • Automatically or programmatically extract data or Output (defined below).
  • Represent that Output was human-generated when it was not.
  • Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
Please note that Gogogeni, in its sole discretion, may change this Terms from time to time and your continued access, use or browsing of our Services after any such change takes effect will be deemed to constitute your acceptance of an agreement to the changed Terms.
Content.
Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
Ownership of content. As between you and Gogogeni, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.
Our use of content. We may use published Content, but not unpublished Content, to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. By selecting “publish” content within a Smart Room or “Post” content outside of a Smart Room you agree to our use of content as it relates solely to that content that was published or posted. Any owner or administrator within a Smart Room may publish content at their sole discretion, by participating in a Smart Room you are assigning publishing rights to that Smart Room owner and its administrators to publish on your behalf.
Opt out. If you do not want us to use your Content to improve our services, you can opt out on a content by content basis by NOT publishing Smart Room content, NOT contributing content to Smart Rooms for which other people are owners or administrators, and NOT posting content outside of Smart Rooms with gogoGENi.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
  • Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
  • You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
  • You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
  • Our Services may provide incomplete, incorrect, or offensive Output that does not represent Gogogeni’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Gogogeni.
GENERAL PROHIBITIONS
You agree that you will not:
  • post, upload, publish, submit or transmit any type of Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • use, display, mirror or frame the Services, or any individual element within the Services, Gogogeni or Gogogeni's names, any Gogogeni trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Gogogeni's express written consent;
  • access, tamper with, or use non-public areas of the Services, Gogogeni's computer systems, or the technical delivery systems of Gogogeni's providers;
  • attempt to probe, scan, or test the vulnerability of any Gogogeni system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gogogeni or any of Gogogeni's providers or any other third party (including another user) to protect the Services;
  • attempt to access or search the Services or download any type of Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scrapers, crawlers, data mining tools or the like) other than the software and/or search agents provided by Gogogeni or other generally available third party web browsers;
  • send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation, from the Services or otherwise;
  • Use any meta tags or other hidden text or metadata utilizing an Gogogeni trademark, logo URL, or product name without Gogogeni's express written consent;
  • Use any meta tags or other hidden text or metadata utilizing an Gogogeni trademark, logo URL, or product name without Gogogeni's express written consent;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
  • interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • violate any applicable law or regulation, or any other rules of professional conduct; or
  • encourage or enable any other individual to do any of the foregoing
Gogogeni willfully has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Gogogeni may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Gogogeni has no obligation to monitor your access to or use of the Services or to review or edit any type of Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body having jurisdiction. Gogogeni reserves the right, at any time and without prior notice, to remove or disable access to any type of Content that Gogogeni at its sole discretion, considers to be in violation of these Terms, the Privacy Policy, or otherwise harmful to the Services.
THIRD PARTY SITES, PRODUCTS AND SERVICES, LINKS
The Services may contain links to third-party websites or resources (“Reference Sites”), which do not form part of the Services. You acknowledge and agree that Gogogeni is not responsible or liable for: (i) the availability or accuracy of such Reference Sites; or (ii) the Content, products, or services on or available from such Reference Sites for which such third party is solely responsible. Links to such Reference Sites do not imply any endorsement by Gogogeni of such Reference Sites or the Content, products, or services available from such Reference Sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such Reference Sites or the Content, products, or services on or available from such Reference Sites.
TERM AND TERMINATION
The Terms will continue to apply to you until terminated by either you or Gogogeni. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Terms for any reason. Gogogeni may terminate the Terms or suspend your access to the Gogogeni Service at any time, including in the event of your actual or suspected unauthorized use of the Gogogeni Service and/or Content, or non-compliance with the Terms, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or Gogogeni terminate the Terms, or if Gogogeni suspends your access to the Gogogeni Service, you agree that Gogogeni shall have no liability or responsibility to you, and Gogogeni will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Terms at any time. To learn how to terminate your Gogogeni account, please contact us through the contact us form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.
Disclaimer of Warranties.
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GOGOGENI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. GOGOGENI MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GOGOGENI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOGOGENI, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICES. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU UNDERSTAND THAT GOGOGENI DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES GOGOGENI VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF USERS OF THE SERVICES. GOGOGENI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Legal Compliance and Assumption of Liability
  1. Compliance with Local Laws: You, the User, affirm that you are of legal age and capacity to enter into this agreement. You agree to comply with all local laws, statutes, and regulations concerning your use of the Platform. It is your responsibility to ensure that your use of the Platform and any associated services is legal in your jurisdiction. Do not use the Platform if its use is prohibited in your area.
  2. Assumption of Liability By choosing to use the Platform, you assume all risks associated with such use, including but not limited to the risk that the use of the Platform may not be legal in your jurisdiction. You agree to bear all liability for any direct or indirect consequences of your use of the Platform and agree to not hold Gogogeni, its affiliates, officers, directors, employees, agents, or successors liable for any actions, claims, losses, damages (actual and consequential), or other liabilities, including legal fees and expenses, that are in any way related to your use of the Platform.
  3. Indemnification and Hold Harmless: You hereby agree to indemnify, defend, and hold harmless Gogogeni and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Platform using your Internet account.
  4. Acknowledgement: By continuing to access or use the Platform, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree with these terms, you must cease the use of the Platform immediately.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, AND CONTENT REMAINS WITH YOU. NEITHER GOGOGENI NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, DEATH OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOGOGENI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE. IN NO EVENT WILL GOGOGENI'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED TEN DOLLARS ($10). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOGOGENI AND YOU.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names, and any other proprietary designations of Gogogeni used herein are trademarks or registered trademarks of Gogogeni. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, United States. Each of the parties hereto submits to the exclusive jurisdiction of courts located within the state of Texas for any suit, hearing or other legal proceeding of every nature, kind and description whatsoever in the event of any dispute or controversy arising hereunder or relating hereto, or in the event any ruling, finding or other legal determination is required or desired hereunder.
ENTIRE AGREEMENT
These Terms, together with all documentation and policies referenced herein, constitute the entire and exclusive understanding and agreement between Gogogeni and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Gogogeni and you regarding the Services.
ASSIGNMENT
You may not assign or transfer these Terms, by operation of law or otherwise, without Gogogeni’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Gogogeni may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
NOTICES
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in a written form and given by Gogogeni: (i) via email (in each case to the address that you provide with the Integrated Service); or (ii) by posting to the Website; or (iii) via the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
DISPUTE RESOLUTION
Governing Law and Forum for Disputes. This Agreement or any claim, cause of action, or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of Texas. All claims arising out of or related to this Agreement must be resolved exclusively through mandatory arbitration in Texas, as set forth in this section.
Mandatory Arbitration and Opt-Out Option. You and gogoGENi agree to resolve any claims through final and binding arbitration. You may opt out of the mandatory arbitration within 30 days of account creation or the introduction of updated arbitration terms by providing written notice to geni@gogogeni.com. Should you opt out, the previous arbitration terms you agreed upon will apply.
Informal Dispute Resolution. Before initiating arbitration, you are encouraged to contact us at geni@gogogeni.com to seek a resolution. We will attempt to resolve the Dispute informally by contacting you via the email address associated with your account. If the Dispute is not resolved within 60 days, either party may proceed to arbitration.
Arbitration Procedures. Arbitration will be conducted through an ADR provider in Texas, with a preference for National Arbitration and Mediation (NAM) locations in Texas, mutually agreed upon by the parties. The arbitration will be conducted by telephone, online, or based solely on written submissions, unless both parties agree to use videoconferencing via Zoom or an agreed equivalent.
Batch Arbitration. If 25 or more claimants, represented by the same or similar counsel, file demands for arbitration with substantially similar Disputes within 90 days, the ADR will administer these in batches of up to 50 claimants each ("Batch"), unless the total number of claimants is less than 50, in which case they will comprise a single Batch.
No Class or Representative Proceedings. Disputes will be resolved on an individual basis. Class arbitrations, class actions, representative actions, or consolidation with other arbitrations are not allowed. Claims for public injunctive relief may be litigated in court following the completion of arbitration for underlying claims.
Enforceability of Arbitration Awards. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Exceptions to Arbitration. Claims brought in small claims court and requests for injunctive or other equitable relief for intellectual property issues may be brought in a court of competent jurisdiction without first engaging in arbitration or informal dispute resolution.
Severability and Integration. If any part of these arbitration terms is deemed illegal or unenforceable, the remainder will continue to be in effect. These dispute resolution provisions are an integral part of the Terms of Service and supersede any previous dispute resolution agreements or understandings.
Notice of Dispute Resolution Terms. Users will be informed of these dispute resolution terms within the user agreement and notified of any changes upon platform sign-in.
GENERAL
The failure of Gogogeni to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Gogogeni. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
MISCELLANEOUS
You may not use or otherwise export or re-export the Services except as authorized by both United States law and the laws of the jurisdiction in which you obtained Gogogeni. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of a nuclear, missile, or chemical or biological weapons.
CONTACTING GOGOGENI
If you have any questions about these Terms, please contact us at gogogeni@gogogeni.com
Use of Genies as AI Language Models
  1. Definition: For these terms, "Genies" are the proprietary artificial intelligence language models provided by gogoGENi on its platform.
  2. Origin & Inspiration: Users recognize that while Genies are inspired by contemporary, historical, and fictional characters, they are not exact replicas or representations of these figures. They exist within the "Geniverse", a unique universe crafted and owned by gogoGENi. The Genies' responses and behaviors stem from data patterns, not directly from the characters they draw inspiration from.
  3. Nature of Service: Genies are sophisticated machine learning entities designed to understand and generate text resembling human conversation. They lack consciousness, emotions, or intent, operating purely based on their training. gogoGENi does not endorse or validate specific outputs from the Genies, as they autonomously produce responses based on their extensive and varied training.
  4. Limitation of Use: Genies serve purposes of information, entertainment, and personal exploration. They aren't a replacement for professional guidance. Users should employ critical judgment when acting upon information imparted by Genies.
  5. Accuracy & Reliability: While gogoGENi endeavors for Genies' precision, there's no absolute guarantee regarding the reliability or suitability of their generated content. Given the vast and diverse training data, Genie outputs may differ in accuracy. Thus, users should exercise caution and consult additional resources when necessary.
  6. No Liability: gogoGENi remains exempt from accountability for decisions, actions, or non-actions based on Genie information. Users discharge gogoGENi from any ramifications linked to their Genie interactions.
  7. User Responsibility: Genies must align with all relevant local, state, national, and international legislations and guidelines. Misuse or malicious usage can lead to service termination.
  8. Modifications & Updates: gogoGENi retains the right to alter, update, or halt any Genie services at its discretion, with or without prior intimation.
  9. Feedback & Improvements: gogoGENi welcomes user feedback. Yet, any shared comments or suggestions will be treated as non-confidential. gogoGENi possesses the unrestricted right to harness such feedback.
Geniverse and Real-World Distinction
  1. Definition of Geniverse: The "Geniverse" denotes an alternate, fictitious realm where all Genie engagements transpire. It's a distinct conceptual domain owned by gogoGENi, detached from the real world.
  2. Nature of Genie Interactions: Engaging with Genies means all resulting dialogues, information, and narratives are confined to the Geniverse's boundaries. These interactions are fictional, not mirroring actual world facts or events.
  3. User Responsibility: Genies offer insights and entertainment within the Geniverse. If users opt to interpret, reference, or incorporate any Genie elements in the real world, they bear full responsibility.
Seller Provisions for gogoGENi's Terms of Service:
  1. General seller Provisions:
    1. Scope: All Sellers are permitted to resell published content and Genies made available by gogoGENi.
    2. Pricing Autonomy: Sellers have the liberty to set their own prices for content and Genies showcased within their respective galleries.
    3. GeniCoinTM and Reseller Liquidity:
      1. Sellers shall receive payment in the form of GeniCoinTM for sales made through the gogoGENi platform or their respective storefronts.
      2. All Sellers are entitled, but not guaranteed, to exchange GeniCoinTM for real currency, a feature termed as "Reseller's Liquidity." Only GeniCoinTM listed “for sale” in your gogogeni wallet is eligible for real currency exchange.

    4. 5. Promotions And Buyer Incentives:

      • Automatic Participation: By listing products or services on the gogoGENi platform, Sellers automatically agree to participate in all promotional activities and buyer incentives facilitated by gogoGENi.
      • Incentive Details: These promotions may include mechanisms such as allowing buyers to apply social rewards towards purchases or offering items at no cost to stimulate engagement and sales.
      • Objective: All promotions are designed with the intent of fostering increased commerce and driving traffic to Seller's storefronts.
    5. Technical Support: Unless otherwise specified, gogoGENi is responsible for providing technical support for the Genies.
Payment and Revenue Provisions:
  1. Instant Rewards:
    1. Upon the publishing, liking, sharing, or any direct contribution to content that is subsequently published on gogoGENi, users are entitled to receive an immediate social reward.
      1. The Social Reward system exhibits a progressive increment for each subsequent eligible action, resulting in users receiving a greater social reward for their second published item than their first, and so forth.
    2. Limitation of Progressive Payment:
      1. While the progressive payment system is designed to increase indefinitely, gogoGENi reserves an irrevocable right to review, amend, or terminate this increment structure at any given time.
      2. All changes will be intimated to users in accordance with gogoGENi's communication policy.
    3. Rights & Compensation:
      1. gogoGENi retains the irrevocable right to utilize, modify, and repurpose any published content across its platforms and for any purpose.
      2. The instant Social Reward payment to contributors upon publication serves as comprehensive compensation and fully absolves any prospective rights or claims on the content. It is understood as fair exchange for the content's perpetual use rights.
  2. Downstream Revenue Rights System:
    1. Persistent Revenue Rights:
      1. Contributors are entitled to continue accruing revenue on published content whenever such content is sold, resold, modified and subsequently resold.
      2. Any modification to published content that results in a sale or resale renders the modifier as a contributor, who is then entitled to share in the downstream revenue.
    2. Distribution of Revenue:
      1. All revenue generated from the sale of published content is disbursed to users in the form of GeniCoinTM.
      2. Each contributor involved in the content creation, including any modifications, receives an equal share of the contributor's revenue.
      3. The cumulative contributors' revenue constitutes 50% of the published content's sales price, disbursed in GeniCoinTM.
  3. General Terms:
    1. Resolution of Disputes: Any disputes regarding the instant payment or downstream revenue systems should be raised following gogoGENi's established grievance procedure: email gogogeni@gogogeni.com with “grievance” clearly stated in the subject line.
    2. Modification of Terms: gogoGENi reserves the right to modify these terms as deemed necessary. Any changes will be communicated to users in line with gogoGENi's established protocols.
Payment Processing and Digital Currency
  1. Payment Processor: gogoGENi uses Stripe, Inc. ("Stripe") as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By buying or selling on gogoGENi's platform, you agree to be bound by Stripe's Terms of Service, which may be modified by Stripe from time to time. As a condition of gogoGENi enabling payment processing services through Stripe, you agree to provide gogoGENi accurate and complete information about you and your business, and you authorize gogoGENi to share it and transaction information related to your use of the payment processing services provided by Stripe.
  2. Currency Conversion : Sellers on gogoGENi may receive gogoGENi digital currency (referred to as "coin") as payment for digital goods and services. Sellers have the option to convert coins into fiat currency (e.g., USD) through Stripe, subject to the terms and conditions of Stripe's service. gogoGENi is not responsible for currency conversion, which is conducted solely through Stripe.
  3. Seller's KYC and AML: Sellers are required to complete a KYC (Know Your Customer) process as part of setting up their seller account, which is managed by Stripe. This process is necessary for compliance with anti-money laundering (AML) laws and regulations. By setting up a seller account and utilizing the conversion feature, you agree to comply with all applicable laws and regulations and to provide truthful and accurate information.
  4. Use of Digital Currency: The gogoGENi coin is a digital asset that can be exchanged on the gogoGENi platform for digital goods and services, such as blogs, art, and artificial intelligence services. Coins are intended for use only within the gogoGENi OmnisystemTM and cannot be exchanged for fiat currency directly through the gogoGENi platform. All transactions involving the conversion of coins to fiat currency are facilitated by Stripe and are subject to Stripe's terms and policies.
  5. Limitation of Liability: gogoGENi is not a financial institution, bank, credit union, or other kind of money services business. Transactions that involve the purchase, sale, or transfer of fiat currency are handled exclusively by Stripe, and gogoGENi disclaims all liability associated with such transactions. gogoGENi is not liable for loss or damage resulting from currency conversion or payment processing services provided by Stripe.
  6. Changes to Payment Policies: gogoGENi reserves the right to modify or terminate its agreement with Stripe or to switch to a different payment services provider at any time. Changes to payment-related policies will be communicated to users through the gogoGENi platform and will be effective upon posting unless otherwise noted.
Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
Trade controls.
You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
Our IP rights
We and our affiliates own all rights, title, and interest in and to the Services.