Terms of Services

1. Introduction

Welcome to Content Genius, an AI-powered content generation studio designed to help you create and optimize content effortlessly. These Terms of Service (“Terms”) govern your access to and use of the Content Genius application, including its features, functionalities, and related services (collectively, the “Services”). The Services are provided by an individual maker (“Content Genius,” “we,” “us,” or “our”).

By accessing or using Content Genius, you agree to be bound by these Terms, which constitute a legal agreement between you and Content Genius. If you do not agree to these Terms, you must not access or use the Services. We reserve the right to update or modify these Terms at any time, and your continued use of the Services following any such changes constitutes your acceptance of the revised Terms.

No part of the Content Genius application or its content may be copied, translated, framed, or used in any manner without our express written permission. All rights, title, and interest in and to the Content Genius application, including all intellectual property rights, are and will remain the exclusive property of Content Genius.

Please read these Terms carefully and ensure that you understand them before accessing or using the Services. If you have any questions or concerns about these Terms, please contact us at hq@contentgenius.io.

2. Description of Services

Content Genius Overview

Content Genius is a web-based SaaS product that utilizes AI-powered content generation to help users create and optimize content. Our Services include features such as Chat, Notes, Publishing, and Analytics. We leverage OpenAI API’s GPT-3.5 and GPT-4 models as our AI providers to deliver high-quality content suggestions and recommendations.

Authentication and Cloud Database

To ensure a seamless user experience, we use Supabase as our authentication provider and cloud database. Supabase is responsible for securely storing user data under authentication to protect user privacy and maintain data integrity.

Service Availability, Maintenance, and Updates

We strive to provide continuous access to the Content Genius Services. However, there may be instances when the Services are temporarily unavailable due to maintenance, updates, or other factors beyond our control. We will make reasonable efforts to notify you in advance of any planned downtime or service interruptions.

Please note that Content Genius requires an internet connection to access and use the application. Users are responsible for maintaining a stable and secure internet connection to ensure proper functionality of the Services.

Beta Releases and Testing

From time to time, we may release new features, improvements, or updates to the Content Genius application. These updates may be released as beta versions for testing purposes. By participating in beta testing or using beta features, you acknowledge that such features may be incomplete or contain errors, and you agree to provide feedback, suggestions, or report any issues to help us improve the application.

3. User Accounts and Registration

To access and use certain features of the Content Genius Services, you must create an account (“Account”) by registering and providing the required information. By registering for an Account, you represent and warrant that:

1. You are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater;
2. You are eligible to use the Services and have the right, power, and ability to enter into and perform under these Terms;
3. All information you provide to Content Genius during the registration process is accurate, complete, and up-to-date;
4. You have not previously been suspended or removed from the Services; and e. You have read and accepted the Content Genius Privacy Policy.

You are responsible for ensuring the confidentiality of your Account login credentials and for any activities that occur under your Account. You agree to immediately notify Content Genius of any unauthorized use of your Account or any other breach of security. Content Genius will not be liable for any loss or damage arising from your failure to maintain the security of your Account.

Content Genius reserves the right to suspend, terminate, or restrict your access to the Services, in whole or in part, at any time and for any reason, including but not limited to your violation of these Terms or applicable laws, without prior notice or liability.

4. Acceptable Use Policy

By accessing and using the Services, you agree to comply with all applicable laws, rules, and regulations. You also agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, restrict or inhibit the use or enjoyment of the Services by, any third party. The following list provides examples of prohibited activities and conducts that, if engaged in, will constitute a violation of these Terms:

1. Impersonating any person, or entity, or misrepresenting your affiliation with any person or entity;
2. Accessing or using the Services to engage in illegal, unethical, or fraudulent activities;
3. Transmitting or distributing any content that is offensive, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or otherwise objectionable;
4. Using the Services to send unsolicited or unauthorized advertising, promotional materials, spam, or any other form of unwanted solicitation;
5. Attempting to gain unauthorized access to the Services, other users’ accounts, or any computer systems or networks connected to the Services;
6. Decompiling, reverse engineering, disassembling, or otherwise attempting to derive the source code or underlying algorithms of the Services;
7. Using the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services;
8. Copying, translating, framing, or using any part of the Content Genius application or its content without our express written permission;
9. Violating any applicable laws, rules, or regulations, including but not limited to copyright or trademark laws, export control laws, or other intellectual property rights.

Content Genius reserves the right, in its sole discretion, to investigate any suspected violations of this Acceptable Use Policy and take appropriate action, including but not limited to removing content, suspending or terminating user accounts, and/or reporting any violations to the appropriate authorities.

5. User Content and Intellectual Property Rights

User-Generated Content

By using the Services, you may create, upload, transmit, or otherwise make available content such as text, images, or other materials (“User Content”). You retain all ownership and intellectual property rights in your User Content, and Content Genius does not claim any ownership over your User Content.

License to Use User Content

In order to provide the Services, you grant Content Genius a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and otherwise exploit your User Content, solely for the purposes of providing, improving, and developing the Services. This license will continue for as long as your User Content is stored or used within the Services, and will terminate when your User Content is deleted or removed.

Responsibility for User Content

You are solely responsible for all User Content you create or upload while using the Services. You represent and warrant that you have all necessary rights and permissions to create, upload, and share your User Content and that your User Content does not infringe or violate any third party’s intellectual property, privacy, or other rights.

Intellectual Property Infringement Claims

If you believe that any content available through the Services infringes your intellectual property rights, please notify us at hq@contentgenius.io, providing the necessary information to enable us to investigate and address the alleged infringement. We will respond to valid notifications of alleged infringement and reserve the right to remove or disable access to any content that we believe infringes a third party’s intellectual property rights.

6. Subscription Plans, Fees, and Payment Terms

Content Genius offers various subscription plans with different features and functionalities to meet your needs. You can find detailed information about our subscription plans, pricing, and any applicable limitations on our website. We reserve the right to modify, add, or remove subscription plans, as well as adjust pricing at our discretion. Any changes will be effective immediately and will apply to new subscriptions or renewals.

By subscribing to a Content Genius plan, you agree to pay the fees associated with your chosen plan. All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, and you are responsible for the payment of such taxes, levies, or duties, if applicable.

Payment for subscription plans must be made through a valid credit card or other accepted payment methods. You must provide accurate, complete, and updated billing information for the payment method, and you authorize Content Genius to charge your payment method for the subscription fees, taxes, and any other applicable charges.

Your subscription plan will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. If you wish to cancel your subscription, you must do so through your Content Genius account settings or by contacting our support team at hq@contentgenius.io. Cancellation requests must be submitted at least 24 hours before the end of the current billing cycle to avoid being charged for the next billing cycle.

Content Genius does not offer refunds for subscription fees, except in cases where we determine, at our sole discretion, that a refund is warranted. If you believe you are entitled to a refund, please contact us at hq@contentgenius.io with a detailed explanation of the issue.

Account credits, if applicable, may be used towards future subscription payments or other Content Genius services. Account credits are non-transferable and have no cash value.

7. Third-Party Services and Integrations

Content Genius utilizes various third-party services and APIs to provide you with an enhanced user experience and additional features. These third-party services include, but are not limited to, OpenAI API as the AI provider with GPT-3.5 and GPT-4 models, and Supabase as the authentication provider and cloud database.

1. Use of Third-Party Services and APIs: By using Content Genius, you acknowledge and agree that your access to and use of these third-party services and APIs are subject to the respective terms and conditions, privacy policies, and other agreements governing the use of such services. It is your responsibility to review and comply with the applicable third-party terms and policies.
2. Data Sharing and Access: In order to facilitate the integration of these third-party services, Content Genius may share certain information, including your personal data, with these third-party providers. The collection, use, storage, and transfer of your personal data by third-party providers are subject to their respective privacy policies. Content Genius is not responsible for the privacy practices or security measures employed by these third-party providers.
3. Responsibility for Third-Party Services: Content Genius is not responsible or liable for any loss or damage that may arise from your use of or reliance on any third-party services, including any issues related to the availability, performance, or security of such services. Your use of third-party services is at your own risk, and you agree to indemnify and hold harmless Content Genius from any claims, damages, or losses resulting from your use of or reliance on such services.

8. Users’ Rights Regarding Personal Data

You have the right to access, correct, or delete your personal information held by Content Genius. To exercise these rights, please contact us at hq@contentgenius.io. We will respond to your request within a reasonable timeframe and in accordance with applicable laws.

By using the Services, you confirm that you have read, understood, and agree to the collection, use, storage, and disclosure of your personal information as described in this Privacy Policy. For more information about our privacy practices, please review our full Privacy Policy.

9. Disclaimer of Warranties and Limitation of Liability

Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Content Genius disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of the course of dealing or usage of trade.

Content Genius does not warrant that the Services will meet your requirements, that the Services will be uninterrupted, timely, secure, or error-free, that the information or content provided through the Services will be accurate, reliable, or complete, or that any errors in the Services will be corrected.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Content Genius, its affiliates, licensors, or service providers, or their respective officers, directors, employees, or agents, be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Services; (ii) any conduct or content of any third party on the Services, including, without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Content Genius has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Indemnification

You agree to defend, indemnify, and hold harmless Content Genius, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the

10. Governing Law and Dispute Resolution

1. Governing Law: These Terms and any disputes arising out of or in connection with the Services shall be governed by and construed in accordance with the laws of Montenegro, without regard to its conflict of law provisions.
2. Amicable Resolution: In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties shall first attempt to resolve the matter amicably through negotiation. If the parties are unable to resolve the dispute within thirty (30) days, either party may initiate the dispute resolution process as described below.
3. Mediation: If the dispute cannot be resolved through negotiation, the parties agree to attempt to resolve the dispute through mediation administered by a neutral mediator, mutually agreed upon by the parties. The mediation shall be conducted in Podgorica under the mediation rules of the chosen mediator organization, and any judgment on the award rendered by the mediator may be entered in any court having jurisdiction thereof.
4. Arbitration: If the dispute is not resolved through mediation, either party may initiate binding arbitration administered by a neutral arbitration organization, mutually agreed upon by the parties. The arbitration shall be conducted in Podgorica under the arbitration rules of the chosen arbitration organization, and any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
5. Injunctive Relief: Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.
6. Waiver of Class Action: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

11. Miscellaneous

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, the invalid, illegal, or unenforceable provision will be severed from these Terms, and the remaining provisions will continue in full force and effect.

Assignment. You may not assign, delegate, or transfer your rights or obligations under these Terms without our prior written consent. We may assign, delegate, or transfer our rights and obligations under these Terms, in whole or in part, without notice or your consent, to any individual or entity, including in connection with a merger, acquisition, or sale of assets.

Notices. All notices, requests, and other communications under these Terms must be in writing and sent to the parties at their respective contact email addresses. Notices will be deemed received upon the earlier of (a) actual receipt, or (b) 24 hours after being sent, excluding weekends and public holidays in the recipient’s location.

Entire Agreement. These Terms, along with any additional terms and policies referenced herein, constitute the entire agreement between you and Content Genius regarding your use of the Services and supersede all prior agreements, understandings, or representations, whether written or oral, relating to the same subject matter.

Force Majeure. Neither party will be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, or any other unforeseen events or conditions.

12. Contact Information

Questions about the Terms of Service should be sent to us at hq@contentgenius.io.