Please read these terms and conditions carefully before using Our Service
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Genius Plugin, Corp.
- “Country” refers to United States of America (USA).
- “Content” refers to content such as text, settings, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- “Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- “Service” refers to the Website and any application managed by the Company.
- “Terms and Conditions” (also referred as “Terms” or “Terms of Use”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- “Website” refers to geniusplugin.com, accessible from https://www.geniusplugin.com
- “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned that you are not a minor in your residing jurisdiction and in all cases you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned that You possess the necessary legal capacity and consent to abide by these Terms of Service and you commit not to utilize automated or non-human methods to access the Site.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Communication and Response Times
The Company exclusively utilizes its designated ticket system as the primary mode of communication with the Client. Although alternative communication channels are provided for Client convenience, it’s imperative to understand that the Company is under no obligation to maintain or utilize these alternative channels for communication.
It is explicitly emphasized that any communication or correspondence initiated through alternative channels will not be considered in the event of disputes, claims, or account-related matters. The Company’s reliance on the ticket system is to ensure efficient and effective communication with Clients, maintaining clear and auditable records.
Notably, in circumstances where a ticket is opened and our system sends an email request to the Client’s registered email address, the Client is expected to respond within seven (7) days. Failure to do so on two separate occasions, over the entire duration of the Client’s account, may result in the immediate termination of the account without further notice. We place great importance on adhering to these response times and guidelines, and Client cooperation in this matter is expected and appreciated to ensure the smooth operation of our services.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You may not share your API key with anyone who isn’t part of your organisation. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. Any Service provided to the Client is limited, non-exclusive, non-transferable, non-sublicensable license to use the Service.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We strictly prohibit an “active” reseller client from creating an account with us or placing an order with us if they already have an existing order with one of our resellers. This policy is implemented to maintain the integrity of our reseller network and prevent any potential conflicts. We believe that working through our reseller network provides the best experience and support for our clients. However, in the event of poor support from the reseller, we reserve the right to consider accepting an order directly from the client. In such cases, we deem poor support as a legitimate reason for intervention.
Third-Party Disclaimer
In the provision of our services, we may encounter various third-party websites, content, or services. We want to make clear that we have no control over the nature, content, or availability of these third-party resources. The inclusion of any links, references, or content from these third-party sources does not imply an endorsement or guarantee by us.
We cannot be held responsible or liable for any harm, damages, or losses incurred, directly or indirectly, as a result of accessing or using any content, products, or services available through third-party websites or platforms. Any concerns, disputes, or issues related to such third-party interactions should be resolved directly with the responsible third parties.
Furthermore, we will not be liable for any disruptions, malfunctions, or damages caused by clients or malicious activities originating from the use of our services. While we employ security measures and safeguards to protect our platform, we cannot guarantee absolute immunity from misuse or harm caused by client actions.
We encourage all users and clients to exercise caution, conduct due diligence, and implement their own security measures when interacting with third-party websites, content, and services. In situations where violations of our policies or unlawful activities occur, we reserve the right to take appropriate legal actions and cooperate with authorities as needed to protect the integrity of our services and the safety of our users.
Transmiting Data
Your use of our Service, which includes transmitting data via emails, support tickets, chats, Service forms, and any other channel falls under your responsibilities and is subject to the following terms:
By transmitting data through our Service, you grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such data within the Service. You retain all of your rights to this data, and you are responsible for safeguarding these rights. This license includes the right for Us to make your data available to other users of the Service, who may also use it in compliance with these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Electronic Communications and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. By using our services, you consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications provided to you electronically, whether via email or on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
By agreeing to this, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that may require an original signature, delivery, or retention of non-electronic records. This also includes any regulations pertaining to payments or the granting of credits, which may be mandated to be conducted by means other than electronic methods.
Prohibited Activities
By using the Company Service, you agree not to engage in the following activities:
- Unauthorized Data Collection: Systematically retrieving data or content from the Company Service to create databases, collections, or directories without written permission.
- Deceptive Practices: Attempting to deceive, defraud, or mislead the Company or other users, especially in efforts to access sensitive account information.
- Security Interference: Circumventing, disabling, or interfering with security features, including those protecting content and the proper functioning of the Company Service.
- Harmful Actions: Disparaging, tarnishing, or harming the Company or the Company Service.
- Harassment and Abuse: Using information from the Company Service to harass, abuse, or harm others.
- Improper Support Use: Misusing support services or submitting false reports of abuse or misconduct.
- Unlawful Use: Using the Company Service in violation of applicable laws and regulations.
- Unauthorized Framing and Linking: Unauthorized framing or linking to the Company Service.
- Malicious Content: Uploading or transmitting viruses, malware, or disruptive material that hinders others’ use of the Company Service.
- Automated System Use: Engaging in automated system use, such as scripted comments, data mining, or robots.
- Copyright Violation: Removing copyright or proprietary rights notices from content.
- Impersonation: Attempting to impersonate another user or person.
- Spyware and Data Collection: Using mechanisms for passive or active information collection or transmission.
- Network Interference: Interfering with or disrupting the Company Service or its connected networks.
- Harassment of Employees: Harassing, annoying, intimidating, or threatening Company employees or agents.
- Bypassing Measures: Attempting to bypass measures designed to restrict access to the Company Service.
- Software Use: Copying or adapting Company Service software.
- Reverse Engineering: Deciphering, decompiling, disassembling, or reverse engineering Company Service software.
- Automated Systems: Using automated systems for unauthorized access.
- Buying Agent Use: Using buying agents for purchases.
- Unauthorized Data Gathering: Unauthorized collection of user information or automated account creation.
- Commercial Use: Using the Company Service for competitive, revenue-generating, or commercial purposes.
- Promotion of Violence or Illegal Activities: Advocating, promoting, inciting, instructing, or encouraging violence or illegal activities.
- Misrepresentation: Attempting to mislead others about identity or impersonate someone else.
- Legal Violations: Violating any applicable laws, statutes, ordinances, or regulations.
- Network Disruption: Engaging in activities that interfere with or disrupt the Company Service or network.
Intellectual Property and Copyright Policy
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Unless explicitly stated otherwise in these Terms of Service, you are not permitted to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or exploit any part of The Company, including its Content and Marks, for any commercial purpose without our prior written consent. If you are eligible to use the Company service, you are granted a limited license. This license allows you to access and use the Company service, and to download or print portions of the Content for personal, non-commercial use, provided that you have gained access in accordance with these Terms of Service. All rights related to the Company service, Content, and Marks that are not expressly granted to you remain reserved by us.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
Along with what was already mentioned in the intellectual property section of the actual Terms of Services, the following terms specifically address the ownership, licensing, and usage of plugins provided by Genius Plugin. These plugins are those downloaded from anywhere in the world, which have been released by Genius Plugin and are pieces of code uploaded to the end-user server to use our service.
- Plugins Copyright Ownership:
All plugins, extensions, modules, and software products (“Plugins”) developed by Genius Plugin are copyrighted and owned by Genius Plugin. This includes, but is not limited to, Plugins designed for WHMCS, Clientexec, WiseCP, PrestaShop, Universal, and any other platform. - Plugins explicitly labeled with a GPL3 license:
Only plugins expressly labeled with the GNU General Public License version 3 (GPL3) and explicitly listed in this section, including those designed for WordPress and Joomla, are subject to the GPL3 license. All other plugins, excluding WordPress and Joomla plugins, whether unlisted or lacking the GPL3 label, do not fall under GPL3.
Specifying that the plugins must be explicitly listed in the dedicated section adds an essential layer of verification and prevents potential misuse or false claims about the GPL3 license. This requirement ensures that there is a centralized, authoritative source (this dedicated section) where users can confirm the GPL3 status of each plugin. It helps maintain trust and clarity in the licensing information provided to users, safeguarding against any attempts to falsely attribute the GPL3 license to plugins that do not meet the criteria. - Proprietary Plugins:
Plugins not labeled with a specific license, or labeled with a license other than GPL3, are considered proprietary. These Plugins are copyrighted to Genius Plugin, and their use, modification, distribution, or any other form of exploitation is subject to explicit written permission from Genius Plugin. - Protection and Encryption:
For Plugins designed for platforms like WHMCS or Clientexec or WiseCP where explicit guidance is provided to protect the software through encryption or other means, users are expected to adhere to these recommendations to maintain the integrity of the proprietary Plugins. - No Reverse Engineering:
Users are expressly prohibited from reverse engineering, decompiling, or attempting to derive the source code of any proprietary Plugins owned by Genius Plugin. - Violation of Terms:
Any violation of the terms outlined in this section may result in legal action, including but not limited to the pursuit of damages and injunctive relief.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email contact[at]geniusplugin.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email contact[at]geniusplugin.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason, including, but not limited to, a breach of these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately. If you choose to terminate your account, you can do so by discontinuing your use of the Service. These Terms of Service will remain in full force and effect as long as you use the Site. Without limiting any other provisions of these Terms of Service, we retain the sole discretion to deny access to and use of the Site, including the ability to block specific IP addresses, for any reason or no reason. This includes, but is not limited to, instances of breaching any representation, warranty, covenant within these Terms of Service or any applicable law or regulation. We reserve the right to terminate your use or participation in the Site, delete your account, and remove any content or information you have posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fictitious or borrowed name, or any third party’s name, even if you are acting on their behalf. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, which may include pursuing civil, criminal, and injunctive remedies
Limitation of Liability
In no event shall we be liable for damages of any kind, including without limitation any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our website/service. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
The security provided by the firewall depends on how the user configures it. The default settings do not offer maximum protection. Users are responsible for customizing their firewall settings, following recommended configurations, and applying granular rules for each page. Incorrect or insufficient configurations can weaken protection, and the company is not liable for any breach arising from these settings. Users must regularly update their configurations for optimal protection.
The company is not liable for breaches caused by factors outside of its control. These factors include, but are not limited to, stolen passwords from hacked email accounts, compromised desktops, uploaded vulnerable or malicious scripts, internal malicious actions, web host breaches, DNS/CDN vulnerabilities, imported JavaScript/CSS breaches, or any other external factors that could bypass protection.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the lowest extent permitted by law.
Beta Services and Free Package Disclaimer
The Company provides certain services identified as beta, pilot, developer preview, evaluation, or described with similar terminology (collectively referred to as “Beta Services”). Client may accept or decline Beta Services at its discretion, recognizing that these services are exclusively intended for evaluation purposes. Please note that the Company retains the right to discontinue Beta Services at any time, acting within its sole discretion, and may never make Beta Services generally available. All Beta Services are provided “AS IS” and “AS AVAILABLE,” without any warranty of any kind, and the Company disclaims all obligations and liabilities under the Agreement for any harm, damage, or issues arising out of or connected to Beta Services. The use of Beta Services is at the Client’s own risk.
Furthermore, the Company offers a free package of our Web Application Firewall (WAF) service. During this trial, Clients can access and evaluate the WAF service. It is essential to emphasize that this package is provided on a “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company disclaims all obligations and liabilities under the Agreement for any harm or damage arising from the use of the service.
Clients who opt for the free package should exercise caution. It is crucial to recognize the inherent risks and limitations associated with using the free package, including the potential for data loss. During the use of this free service, any configurations or Client data entered into the WAF service may be at risk of permanent loss.
Both the Beta Services and the free packages are intended for evaluation purposes, and Clients should proceed with a clear understanding of the risks involved. These provisions are in place to protect the Company and ensure that Clients evaluate these services with full awareness of their inherent conditions.
Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
THE SERVICE IS PROVIDED TO YOU “AS IS” and “AS AVAILABLE” and “WITH ALL FAULTS” and “DEFECTS WITHOUT WARRANTY OF ANY KIND”. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IN SUCH A CASE, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE LOWEST EXTENT PERMITTED BY APPLICABLE LAW.
It is essential to clarify and emphasize that any data transmitted from the Client or their web application to the Company’s Service, encompassing but not limited to emails, ticket requests, POST and GET requests, account details, and any data stored or manipulated by the Company’s Service, must not hold any inherent value of confidentiality or privacy for the Client.
In no case, under any circumstances, can there be a dispute or claim regarding the confidentiality or privacy of such data. This stipulation is founded on the understanding that the Client has no entitlement to transmit any data to the Company that is inherently confidential or private to them. Therefore, it is the Client’s sole responsibility to ensure that any information, data, or content they transmit to the Service does not possess any confidentiality or privacy value.
The Company will not be held liable for any data, information, or content provided by the Client that is transmitted through our Service. It is crucial for the Client to recognize and acknowledge the unrestricted nature of the data they choose to share with the Company’s Service.
This clause is established to safeguard the Company’s position, ensuring clarity and transparency regarding the nature of data that can be transmitted to our Service and to prevent any potential disputes arising from claims of confidentiality or privacy. It is the Client’s responsibility to adhere to these conditions when utilizing our Service.
User Data Consent and Responsibility
Before proceeding with our services, it is imperative that users thoroughly read and fully adhere, without any restriction, to our Privacy Policy. By utilizing our services, users explicitly agree to comply with the terms outlined in our Privacy Policy, accessible here: https://www.geniusplugin.com/privacy/.
Our primary clients are website owners, and the legality and ethical use of our services depend on obtaining the explicit consent of users whose data may be collected by our clients. We emphasize that the responsibility for obtaining this consent lies solely with our clients, the website owners. We are committed to providing a secure and compliant platform, enabling our clients to operate within the bounds of data privacy regulations and best practices. However, it is important to clarify that we, as a service provider, cannot be held accountable for the potential misuse or unauthorized collection of user data by our clients.
We strongly encourage our clients to uphold the highest ethical standards and to act in accordance with all applicable data protection laws and regulations. It is our company’s policy to support and promote legal and ethical use of data. We strive to provide educational resources and tools to assist our clients in understanding and complying with relevant laws and regulations. Nevertheless, users are encouraged to be vigilant about their data and privacy and to report any concerns about data collection or usage to the respective website owners. In conclusion, our services are designed to assist website owners in responsibly managing user data.
We encourage website owners to uphold the highest standards of ethical conduct and legal compliance in their data collection and usage practices. We cannot be held liable for any unauthorized or unethical data collection, as our focus is on providing tools and resources that promote legal and ethical data handling.
Content and User Activity Responsibility: Users are fully responsible for the scripts, content, and configurations they apply. If vulnerable or malicious scripts are uploaded or if certain security measures are not followed, the user is liable for the resulting security weaknesses. The company is not responsible for any breaches caused by user-generated content or mismanagement of security settings.
Acknowledgment of Shared Responsibility: Security is a shared responsibility between the company and the user. Users must implement best practices, including maintaining strong passwords, protecting their devices from malware, and optimizing firewall configurations based on the company’s recommendations to ensure maximum protection.
No Guarantee of Absolute Security
Security Disclaimer: While the firewall is designed to provide robust security, no system can offer 100% protection. Users acknowledge that breaches may still occur, especially in cases where configurations are not optimized, or external factors (e.g., compromised accounts or devices) play a role. The company does not guarantee absolute protection from all cyber threats.
Indemnification
You agree to defend, indemnify, and hold us, along with our subsidiaries, affiliates, and all our officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand. This includes reasonable attorneys’ fees and expenses that may be incurred due to or arising from the following:
- Your use of the Service.
- A breach of these Terms of Service.
- Any violation of the representations and warranties as set forth in these Terms of Service.
- Any infringement on the rights of a third party, including, but not limited to, intellectual property rights.
- Any overt harmful act directed towards another user of the Service with whom you connected through the Service.
In such cases, we reserve the right to assume, at your expense, the exclusive defense and control of any matter for which you are obligated to indemnify us. You also agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification when we become aware of it.
Our goal is to ensure that you are aware of any indemnification responsibilities and to maintain transparency throughout this process.
Fee Changes
The Company reserves the right to adjust Subscription fees for its services at its sole discretion and at any time. Any modifications to Subscription fees will take effect at the conclusion of the existing Billing Cycle. We are committed to transparency, and in the event of any changes in Subscription fees, we will provide you with a reasonable prior notice. This notice aims to give you the opportunity to review and consider the revised fees. You have the option to terminate your Subscription before the adjusted fees become effective if you so choose.
Please note that your continued use of our services following the implementation of Subscription fee changes indicates your agreement to pay the revised fee amount. We strive to provide high-quality services and keep you informed of any adjustments to our Subscription fees to ensure a clear and fair relationship between our Company and our valued clients.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. We encourage our clients to first contact us directly to seek a resolution of any dispute, issue, or concern informally. You may do so by opening a ticket from you account dashboard or by using our website contact form. We will consider any reasonable requests for dispute resolution in good faith.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect OUR ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
If any dispute, claim, or controversy arises between you and the Company or any of its affiliates, arising out of or relating to these Terms of Service, including the formation, interpretation, breach, or termination thereof, or the use of the Company Service, your state law rights, and federal law rights (such as the Americans with Disabilities Act) the dispute shall be resolved by binding arbitration. The arbitrator may award any form of individual or equitable relief. The award of the arbitrator shall be final and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through a class action, private attorney general proceeding, class arbitration proceedings, or otherwise.
Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. You agree to give up the ability to participate in a class action or similar proceeding. The arbitrator shall not have the power to vary these provisions.
You and the Company agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or the Company’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, [or at another mutually agreed location]. You may obtain a copy of the AAA rules and forms at www.adr.org.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes and Interruptions
We reserve the right, at our sole discretion, to modify, replace, or update these Terms of Service at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice before the new terms take effect. The determination of what constitutes a material change is solely at our discretion.
By continuing to access or use our Service after these revisions become effective, you agree to be bound by the revised terms. If you do not agree with the new terms, in whole or in part, please discontinue your use of the website and the Service. We retain the right to change, modify, or remove content from the Service at any time, at our sole discretion, without prior notice. However, we are under no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice, at any time. We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the applications.
While we strive to maintain the availability of our systems, it may not be accessible at all times. We may encounter hardware, software, or other issues, or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. The Company cannot ensure the continuous availability of the Service, and your access to it is dependent on its current availability. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without prior notice. You acknowledge and agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. These Terms of Service do not obligate us to maintain or support the Service or to provide corrections, updates, or releases in connection with it.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us by sending us an email to contact[at]geniusplugin.com