Genery Terms of Use

Last updated: 18 September 2024

Please read our Terms of Use (“Terms”) carefully before using Genery platform available at: genery.io (“Website”). By using, viewing, registering on the Website, you confirm that you have read, understood and agree to these Terms, as well as our:

When we refer to “you” or “your”, we mean any person that accesses or uses the Website. Your use of the Website is subject to these Terms. These Terms describe the basis on which you use the Website and explain what rights you have with respect to images and other assets which you might generate using the Website.

General Terms

These Terms constitute a legally binding agreement between you and Genery, Inc., a Delaware corporation, with a file number 3223497, having its registered address at: 16192, Coastal Highway, Lewes, Delaware 19958, County of Sussex (“Company” or “we”).

The laws of the State of Delaware shall apply to your use of the Website.

These Terms are effective when you presented with these Terms and proceeds to use the Services (the "Effective Date").

The Company reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms at any time, with or without any prior notice to you. Please check these Terms periodically for any changes.

Your continuing use of the Website or the Services following any revisions or changes to the Terms will constitute your irrevocable acceptance of any and all such revisions and changes.

Services

Genery is a platform, which offers users a focused ecosystem for searching and generating images (“Services”), designed as a tool for inspiration and learning, with content generated or accessed not permitted for commercial use.

The exact scope of Services provided, including the availability of basic functionality free of charge and any features available through fee-based options, shall be detailed on the Website on a pricing page.

Account Registration 

You must be at least 13 years of age or older in order to use our Services.

If you are over 13 years of age or such greater age required in your country for you to be authorized to use our Services without parental approval, you may use our Services provided that this is permitted by your local laws and these Terms are reviewed by your parent or legal guardian and accepted by them.

In order to access the Services you are required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”). When opening an Account, we will ask you to provide certain information such as your email address, occupation, place of work, and as provided in our Privacy Notice.

You are responsible for keeping your Account log-in details, including your log-in details for any third-party websites, completely confidential and secure and should not share these details with anyone.

In the event that you give login details to your Account to a third party, you shall be solely responsible for any consequences arising from it.

We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your Account and/or using the Website and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

If you suspect that your Account has been compromised, please contact us immediately by choosing an option labeled "Contact Support" on the Website.

In the event that your Account is unused for 2 (two) years or longer, we may delete your Account and we shall not be liable for any losses or be obliged to recover your Account.

You agree to immediately inform the Company about any and all cases of unauthorized use of their Account, as well as about other cases of security procedures abuse, by choosing an option labeled "Contact Support" on the Website.

Fees for the Services

The Services are provided according to the pricing options available on the Website. The Company shall, in its sole discretion, determine which Services are included in the free of charge basic functionality (if any) and which are available through fee-based options.

If you choose a fee-based option, you will be charged with a chosen payment method for an amount, displayed on the Website. 

You acknowledge and agree that we may use third-party payment platforms and systems to process transactions on our behalf through the Website. As a result of this processing, you will be able to make a payment and we will be notified that the payment has been made as described in more detail in our Privacy Notice.

Any possible refund of fees is dependent on the timing of the cancellation by you of your fee-based option. You will receive a full refund only if you require it within three (3) days after fee-based option purchase by sending a relevant notice to our Customer Support by choosing an option labeled "Contact Support" available on the Website or by contacting us via e-mail [insert email].

When you purchase a fee-based option, you yourself will be responsible for any taxes or payment fees that may apply.

We reserve the right to deploy new types of fee-based options and terms of free trials in on the Website, change the price for fee-based options from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for fee-based option will take effect at the start of the next fee-based option pricing period following the date of the price change. As permitted by local law, you accept the new price by continuing to use fee-based options after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your use prior to the price change going into effect.

Customer Support

If you need any help when using the Website, you can contact our Customer Support by choosing an option labeled "Contact Support" available on the Website or by contacting us via e-mail [insert email].

Among others, the Customer Support can help you with tech difficulties you have when using the Website.

Company’s representative will answer you within [24 hours] during regular business hours to help you with your request.

We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to our Customer Support or contact us via e-mail [insert email].

Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement. Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages. 

User Conduct

You agree to abide by these Terms and check out the amended Terms as required.

You are responsible that other people using the Website through your account are familiar with these Terms and not violate them.

When using the Services, you undertake not to:

  • commit any fraudulent activity;
  • generate images that depicts, glorifies, encourages, or supports terrorism, or violent extremist actors or acts;
  • generate images for political campaigns, or to try to influence the outcome of an elections;
  • generate visually shocking or disturbing content;
  • infringe any copyright, database right, trademark or other right of any other person, including by uploading others’ private information; 
  • promote, assist or encourage any user to communicate in any way prohibited by these Terms; or
  • engage in any suspicious activity, which may include but is not limited to, attempts to use automated bots or scripts to circumvent usage limits, repeated attempts to bypass or exploit the Website’s security measures, any misuse of the Website’s features.

You must comply with the laws that apply to you in the location that you access the Website from. You must not use the Website in violation of any applicable laws or regulation.

You undertake not to carry out, attempt to carry out, or assist, authorize or encourage others to:

  • misuse the Website;
  • modify, adapt, merge, translate, reverse-engineer, decompile, disassemble, hack, harm or attempt to derive the source code of any aspect of the Website; or
  • attempt to overcome the integrity of the Website, any of our encryption technologies or security measures or data transmitted, processed or stored by us (including but not limited to using worms, viruses, Trojans, logic bombs or other similar malicious software and performing an attack on the Website).

We reserve the right to, in our sole discretion and without notice or liability, suspend, block or close the Account, to any person for any reason or for no reason, including without limitation for breach of any provision of these Terms, any applicable law or regulation, or as a result of detecting any suspicious activity. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

If we suspend your Account in our sole discretion for the reason, which is not related to the breach by you of these Terms or of any applicable law, we will refund you unused portion of the Services according to the fee-based option purchased.

Liability

In case of non-performance or improper performance of their obligations, you and the Company (together, the “Parties”) may be held liable according to the applicable law, unless otherwise expressly stated by these Terms.

In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond the Parties’ control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfillment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force but no longer than for 2 (two) months.

The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from proper fulfillment of their obligations hereunder.

A Party that has no way to properly fulfill its obligations hereunder due to circumstances of insuperable force shall notify the other Party of such circumstances and the estimated period of their effect, in writing, within 7 (seven) calendar days from the occurrence of the circumstances (enclosing evidence that proves existence of the circumstances). Otherwise, a Party at fault shall lose a right to refer to the circumstances of insuperable force as to a basis for non-performance of its obligations hereunder.

If circumstances of insuperable force or their consequences last in excess of 2 (two) months, the Parties may decide to terminate these Terms. A termination proposal shall be sent by one Party to another together with all required documents electronically, inter alia, by email.

Disclaimers and Limitations of Liability

We are continually improving the Website, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavors to keep the Website up to date but the information and specifications given are for your information only and are subject to change without notice.

We will endeavor to allow uninterrupted access to the Website, but access may be suspended, restricted or terminated at any time.

The Website can contain links to other websites or services, which do not belong to the Company and we do not control them.

*The Company shall not be responsible for the content, privacy practices and the functioning of other websites and services.

Please, read public documents of these websites and services. We, or our affiliates, are the owner or licensee of all intellectual property rights in the Website, including all registered trademarks and the copyright in the Website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.

We do not guarantee that the Website will be secure or free from bugs or viruses. 

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

You use the Website at your own risk and subject to the following disclaimers. We are providing the Website on an “as is” basis without any express or implied warranties including, but not limited to, warranties of title or implied warranties merchantability or fitness for a particular purpose, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that our services will be operational, error-free, secure, or safe or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Genery parties”) from any claim, complaint, cause of action, controversy, or dispute (“Claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under any applicable law of any jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

We exclude liability for any harm resulting from your use of the Website to the fullest extent permitted by the applicable laws.

You agree to defend, indemnify, and hold harmless the Genery parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:

  • your access to or use of our Services, including information provided in connection therewith; your breach or alleged breach of our Terms; or
  • any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

If we fail to enforce a right under these Terms, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.

You acknowledge that these Terms, and/or any action made by you via the Website will not create any partnership, joint venture or trust relationship between you and the Company.

Intellectual Property Rights

  All components of the Website and materials available on the Website belong to the Company or original creators (whichever is applicable), and are protected by the legislation on intellectual property rights protection, with, including, but not limited to copyright, trademarks and trade secrets. All rights reserved.

The reproduction, copying, or redistribution for commercial purposes of any materials or elements of the Website without the written permission of the Company or original creators (whichever is applicable) is strictly prohibited.

The materials available on the Website are provided for review and inspiration purposes only. You agree to not commit acts that violate the intellectual property rights of the Company or original creators (whichever is applicable), including, but not limited to selling, importing, exporting, licensing, leasing, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or creating derivative works from materials, design elements, or content of the Website. 

You own all assets you create using the Services to the fullest extent possible under applicable law. There are some exceptions:

  • your ownership is subject to any obligations imposed by these Terms and the rights of any third-parties.
  • if you upscale the images of others, these images remain owned by the original creators.

By using the Services, you grant to the Company, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute text and image prompts, as well as any assets produced by you through the Website. This license survives termination of this Agreement by any party, for any reason.

Dispute Resolution

We shall endeavor to resolve through negotiations all disagreements that may arise between us.

The users agree that for the purposes of resolving disputes between the User and the Company correspondence with the authorized persons of the Company by choosing an option labeled "Contact Support" on the Website, shall be an effective and binding mean of communication.

If the parties fail to reach an agreement on the dispute within thirty (30) calendar days, the dispute shall be submitted to the competent court under the laws of the State of Delaware.

Final Terms

These Terms shall remain in force until terminated by the Company. The Company may terminate these Terms at any time at its discretion without explaining the reasons for this decision.

Users may at any time terminate the agreement between them and the Company by discontinuing their use of the Services. Please note that merely this will not cancel any fee-based option.

If any questions have not been regulated by these Terms, they shall be regulated under the applicable law.

These Terms of Use, our Privacy Notice and Cookie Notice constitute the entire agreement between you and us depending on your use of the Website.

If you have any comments, questions or complaints, please contact us by choosing an option labeled "Contact Support" available on the Website.