GEN Terms and Conditions

1. Acceptance of Terms

By accessing or using our Services, you confirm that you are at least 13 years old and possess the legal authority to accept these Terms. If you are using the Services on behalf of an organization (such as a brand, agency, or studio), you represent and warrant that you have the full authority to bind that organization to these Terms.

2. Changes to the Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or best practices. Any revisions will be posted on this page with an updated Effective Date. We will also notify you of significant changes via email or through the Platform. Your continued use of the Platform after changes are posted and become effective constitutes your acceptance of the revised Terms.

3. User Accounts

To access certain features of the Platform, you may be required to create an account.

• You are solely responsible for maintaining the confidentiality and security of your account credentials.
• You agree to provide accurate, complete, and current information when creating and maintaining your account.
• You are fully responsible for all activities that occur under your account, whether or not authorized by you. Please notify us immediately of any unauthorized use.

4. Use of the Services

You agree to use the Platform and Services only for lawful purposes, in a manner consistent with ethical AI practices, and in strict accordance with these Terms. Prohibited uses include, but are not limited to:

• Violating any applicable local, national, or international laws or regulations.
• Infringing upon or violating any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
• Uploading, generating, or sharing harmful, offensive, defamatory, discriminatory, or inappropriate content.
• Engaging in any activity that interferes with the proper functioning or security of the Platform, or that could damage, disable, overburden, or impair our servers or networks.
• Attempting to gain unauthorized access to any portion of the Platform or Services, or accessing the Platform or Services through any means other than official user interfaces provided by GEN (e.g., website, mobile app) or explicitly authorized APIs.
• Ensuring that all data, text, images, media, or other materials you provide as input or direction for Your Creations ('User Input') are lawful, do not infringe on any third-party rights, and are free from viruses or malicious code. You are solely responsible for the legality, accuracy, completeness, and appropriateness of all User Input and Your Creations generated through the Services.
• Complying with all applicable laws, regulations, and platform policies regarding the disclosure of AI-generated content. You agree that any Creations generated using GEN and publicly distributed by you will

4.1 Content Monitoring and Removal

GEN reserves the right, but is not obligated, to monitor all User Input and Your Creations on the Platform. We may, at our sole discretion, remove or disable access to any content that we deem to violate these Terms, any applicable law, or that we find objectionable, without prior notice or liability to you.

4.2 Service Modification and Availability

GEN reserves the right to modify, suspend, or discontinue, temporarily or permanently, any part or all of the Services or Platform at any time, with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

5. Your Digital Creations: Ownership and License

This section defines your ownership rights over the creative content you generate using GEN.

• This section defines your ownership rights over the creative content you generate using GEN.
• Your Ownership: By providing inputs, creative direction, and making choices within the Platform, you create unique digital content. You retain full and exclusive ownership of all original content you provide as input, and of the resulting AI-generated digital beings, characters, narratives, images, videos, text, and other media output ('Your Creations') that are directly generated by you through the Services, to the maximum extent permissible under applicable law based on your human creative input and control.
• Human Authorship: You acknowledge that you, as the human creator providing prompts, direction, and refining output, are asserting your original authorship of Your Creations for the purpose of copyright and other intellectual property rights.
• GEN's Limited License to Your Creations: You grant GEN a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute Your Creations solely for the purpose of operating and providing the Services to you. This includes, but is not limited to:
• Generating, processing, and rendering Your Creations within your account.
• Delivering Your Creations to third-party social media platforms and services as directed by you.
• Storing and displaying Your Creations within your account.
• Performing technical functions necessary for the operation of the Services (e.g., data backup, optimization).
• No Commercial Use by GEN: We will not use Your Creations for our own commercial purposes (e.g., advertising, selling, licensing to third parties, or creating derivative works for our own benefit) without your explicit prior written consent.
• Your Monetization Rights: You retain all commercial rights to Your Creations, including the right to monetize, license, sell, and distribute them independently, subject only to any payment terms for Services rendered by GEN.

6. Intellectual Property & Proof of Genesis

Platform IP: All software, code, underlying AI models, algorithms, trademarks, logos, service marks, design, and other materials provided by GEN within the Platform are our property or are licensed to us. You are not permitted to use these marks or materials without our prior written consent.

Proof of Genesis: To further secure your ownership, for every finalized Digital Being or significant creative milestone within the Platform, GEN automatically generates a unique, immutable digital record ("Proof of Genesis"). This record includes cryptographic hashes of your creation, timestamped, and certified on a secure blockchain. This feature is designed to provide verifiable evidence of your creation's origin and your assertion of authorship. Further details on how Proof of Genesis functions are available in our Documentation.

7. Payment Terms

Certain features of the Services may require payment of fees. Pricing and payment terms will be clearly stated on the Platform.
All payments are non-refundable unless otherwise specified in writing.
You agree to pay all applicable fees and taxes associated with your chosen Services.

8. Third-Party Services

The Platform may include links or integrations with third-party platforms and services (e.g., TikTok, Instagram, YouTube).
Your use of such third-party services is subject to their respective terms and conditions and privacy policies. We encourage you to review them carefully.
We are not responsible for the practices, content, availability, or any damages arising from your use of third-party services.

8.1 Compliance with Third-Party Platform Terms

When using the Services to interact with or post content to third-party social media platforms (e.g., TikTok, Instagram, YouTube), you agree to comply with all applicable terms of service, privacy policies, and community guidelines of those respective platforms. GEN is not responsible for any violation of third-party platform terms by your Creations or your use of the Services, and such violations may lead to suspension or termination of your GEN account.

9. Termination

We reserve the right to terminate or suspend your access to the Platform and Services at our sole discretion, without prior notice, for any reason, including, but not limited to, a violation of these Terms, non-payment of fees, or any activity that may harm GEN or its users.

Effect of Termination on Your Creations: Upon termination of your account, you will retain ownership of Your Creations, subject to the terms of Section 5. We will cease using Your Creations for the purpose of providing the Services to you within a reasonable timeframe, though residual copies may persist on our backup systems for a limited period.

Your Responsibility: It is your sole responsibility to download and back up Your Creations from the Platform before termination. GEN is not liable for any loss of data or Creations following account termination.

10. Disclaimer of Warranties

The Platform and Services are provided to you "as is" and "as available" without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy, reliability, availability, or completeness of the Services or that they will be error-free or uninterrupted. Your use of the Platform is at your sole risk.

10.1 No Performance Guarantee

While GEN provides tools designed to enhance your content's reach and impact, we do not guarantee any specific outcomes, including but not limited to, audience engagement, virality, follower growth, or monetization success. Your results will vary based on numerous factors beyond our control.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall GEN, its affiliates, directors, employees, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the Platform or Services, even if we have been advised of the possibility of such damages. Our total liability to you for any claims arising out of or relating to these Terms or your use of the Platform shall not exceed the amount you paid to GEN for the Services in the six (6) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless GEN, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms, your use of the Platform, your infringement of any third-party rights (including intellectual property rights), or your violation of any applicable law or regulation.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Platform shall be resolved exclusively in the courts located in Delaware.

13.1 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Delaware before one arbitrator. The arbitration shall be administered by [e.g., JAMS or AAA] pursuant to its [applicable rules, e.g., Comprehensive Arbitration Rules and Procedures]. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

13.2 Class Action Waiver

You and GEN agree that any arbitration or proceeding shall be limited to the dispute between GEN and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

14. Contact Us

If you have any questions about these Terms, please contact us at:
hello (at) gen.pro

8 THE GRN, STE A, DOVER DE 19901

or by calling 1 (650) 477-1698

By using our Platform, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for choosing GEN!