GenuineAI Terms of Service
Last Updated: September 13, 2025
Important Notice: These Terms of Service (the "Terms") constitute a legally binding agreement between you and GenuineAI, LLC ("GenuineAI," "we," "our," or "us"). Please read them carefully. By accepting an Order (defined below) or by accessing or using the Services (defined below), you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
GenuineAI, LLC is a Delaware limited liability company with offices at 13815 Emerson St, Suite 313, Palm Beach Gardens, FL 33418. Contact: accounts@genuinehq.com.
1. Definitions
"Affiliate" means an entity that directly or indirectly controls, is controlled by, or is under common control with a party.
"AI Features" means functionality within the Platform that uses or leverages generative artificial intelligence (AI), large language models (LLMs), and/or machine learning (ML), which may be provided by GenuineAI and/or third parties (including OpenAI, Google, Anthropic, and Microsoft 365).
"Authorized Users" means Customer’s employees, contractors, representatives, and agents whom Customer authorizes to access and use the Services, including administrators ("Administrators").
"Beta Features" means Services, features, or functionality labeled or otherwise identified by GenuineAI as beta, pilot, limited release, developer preview, non-production, evaluation, or a similar description.
"Confidential Information" means non‑public information disclosed by one party ("Discloser") to the other ("Recipient") that is identified as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including software, product plans, pricing, security information, and Customer Content. Confidential Information does not include information that is (i) publicly available through no breach of these Terms; (ii) already known by Recipient without confidentiality obligations; (iii) rightfully received from a third party without confidentiality obligations; or (iv) independently developed by Recipient without use of or reference to Discloser’s Confidential Information.
"Customer" or "you" means the person or entity identified in an Order that purchases or is granted access to the Services.
"Customer Content" means any data, text, files, images, audio, video, documents, prompts, instructions, or other materials input into, uploaded to, generated within, or otherwise provided by or on behalf of Customer or Authorized Users through the Services. Customer Content includes Output (as defined below) to the extent it is owned by Customer under applicable law.
"Documentation" means GenuineAI’s then-current technical and usage documentation for the Services.
"Integrations" means connectors, APIs, or third-party services made available for use with the Services.
"Order" means an order form, online sign-up, in‑product purchase, SOW, or similar document executed by the parties (or accepted by Customer through an online flow) that references these Terms and specifies the Services purchased, Subscription Term, usage parameters, and fees.
"Output" means results or content generated by AI Features in response to Customer prompts, inputs, or configurations. Output may include text, structured data, or other media.
"Platform" means GenuineAI’s proprietary hosted AI Operating System, including AI Assistants, the Knowledge Engine, Tools, Workflows, Integrations, and any modified, updated, or enhanced versions thereof made available by GenuineAI on a remote online basis.
"Prohibited Data" has the meaning set forth in Section 7.4.
"Services" means, collectively: (i) the Websites; (ii) the Platform; (iii) industry-specific "Success Packs" (preconfigured assistants, knowledge templates, tools, workflows, and integrations); (iv) Professional Services; and (v) related programs such as events, webinars, and communications that link to or reference these Terms.
"Subscription Term" means the period of authorized access to the Services as specified in the applicable Order, including any renewals.
"Websites" means GenuineAI’s websites at https://www.genuinehq.com and subdomains that link to these Terms.
2. Acceptance; Eligibility; Authority
2.1 Acceptance. BY ACCEPTING AN ORDER OR ACCESSING OR USING THE SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS; AND (B) REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE CUSTOMER NAMED IN THE ORDER.
2.2 Eligibility. The Services are not directed to persons under 18. You must be at least 18 years old to use the Services.
3. Orders; Subscriptions; Trials
3.1 Subscriptions. Access to the Platform is provided on a subscription basis for the Subscription Term identified in the Order and subject to the usage parameters (e.g., number of seats, environments, or other limits) specified in the Order or Documentation.
3.2 Trials. If Customer is granted trial access, such access is for the period stated in the Order (the "Trial Period") and is for evaluation only. Trial access may be terminated at any time. At the end of the Trial Period, access will cease unless Customer purchases a paid subscription.
3.3 Professional Services. GenuineAI may provide onboarding, configuration, development, training, advisory, or other professional services ("Professional Services") as described in an Order or statement of work ("SOW"). Customer will provide reasonable cooperation, access, and materials to enable delivery of the Professional Services.
4. Access Rights; Use of the Services
4.1 Grant. Subject to these Terms and payment of applicable fees, GenuineAI grants Customer a limited, non‑exclusive, non‑transferable, non‑sublicensable right during the Subscription Term to access and use the Services solely for Customer’s internal business purposes and in accordance with the Documentation and applicable usage parameters.
4.2 Accounts; Security. Customer and its Authorized Users must keep account credentials confidential and use commercially reasonable efforts to prevent unauthorized access. Customer is responsible for activities under its accounts and will promptly notify GenuineAI of any unauthorized use.
4.3 Administrators; Permissions. Customer may designate one or more Administrators to manage Customer’s account(s) and assign role‑based permissions. Customer is responsible for Administrator actions and for Authorized Users’ compliance with these Terms.
5. AI Features; Output; Model Providers
5.1 AI Providers & Policies. The Platform may use AI Features provided by OpenAI, Google, Anthropic, and Microsoft 365 (collectively, "AI Providers"). Customer’s use of AI Features must comply with the authorized use of the Platform and with the AI Providers’ applicable terms or acceptable use policies, as updated from time to time.
5.2 Use of Output. Subject to these Terms and applicable law, as between the parties and to the extent permitted by the AI Providers’ terms, GenuineAI assigns to Customer any right, title, and interest GenuineAI may have in Output generated for Customer (excluding GenuineAI IP and third‑party materials embedded in the Output). Customer is solely responsible for evaluating the accuracy, appropriateness, and legality of Output for its use cases and for implementing human review where appropriate.
5.3 No Model Training on Customer Content. GenuineAI will not use Customer Content or Output to train or fine‑tune generalized models, except (i) as necessary to provide the Services to Customer, (ii) as required by law or legal process, or (iii) as expressly permitted by Customer in writing. For clarity, AI Providers may process data as necessary to provide their services; GenuineAI does not authorize AI Providers to use Customer Content to train their models except as necessary to provide their services or as required by law.
5.4 AI Limitations. Machine‑generated content can be inaccurate, incomplete, or inappropriate. GenuineAI makes no representations that Output will be error‑free, unique, or suitable for any particular purpose. Output must not be presented as legal, medical, financial, safety, or other professional advice.
6. Beta Features; Open Source Components
6.1 Beta Features. Beta Features are provided for evaluation only, "AS IS" and without support or warranties. GenuineAI may modify or discontinue Beta Features at any time. Access to Beta Features is at GenuineAI’s discretion and may be subject to additional terms. If Customer is a competitor of GenuineAI, Customer must obtain GenuineAI’s prior written consent to access Beta Features.
6.2 Open Source Components. The Services may include open source software governed by separate licenses. To the extent there is a conflict between these Terms and an open source license, the open source license controls with respect to the applicable component.
7. Customer Content; Data Protection; Prohibited Data
7.1 Ownership; License. As between the parties, Customer owns Customer Content. Customer grants GenuineAI a worldwide, royalty‑free, non‑exclusive license to host, process, transmit, display, and otherwise use Customer Content and Output as necessary to provide and support the Services, perform Professional Services, comply with law, and enforce these Terms.
7.2 Customer Responsibilities. Customer is solely responsible for (i) the accuracy, quality, legality, and appropriateness of Customer Content; (ii) obtaining all rights and consents necessary to submit Customer Content to the Services; and (iii) ensuring that Customer’s use of the Services (including AI Features) complies with applicable law and these Terms.
7.3 Personal Data; Roles. With respect to Customer Content that constitutes personal data under applicable data protection laws, Customer is the controller/business and GenuineAI is the processor/service provider processing such personal data on Customer’s behalf. The parties will execute a data protection addendum ("DPA") where required by law. GenuineAI’s Privacy Policy describes its privacy practices for other personal data.
7.4 Prohibited Data. Customer will not submit (and will not permit Authorized Users to submit) the following to or through the Services: (a) government identifiers (e.g., Social Security, driver’s license, passport numbers); (b) financial account numbers or credentials; (c) precise geolocation; (d) health, genetic, or biometric data; (e) racial or ethnic origin, religious or philosophical beliefs, trade union membership, sexual orientation or sex life information; (f) account passwords; or (g) any other information that is considered "special category," "sensitive" or similarly protected under applicable law (collectively, "Prohibited Data"). GenuineAI has no liability for Prohibited Data.
7.5 Usage Data; Aggregated Data. GenuineAI may collect and analyze information relating to the provision, use, and performance of the Services ("Usage Data") and may use such information for improving the Services, developing new products, security, and other lawful business purposes. GenuineAI may also create and use de‑identified or aggregated data that does not identify Customer or any individual.
8. Acceptable Use; Restrictions
Customer shall not (and shall not permit any third party to): (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or disassemble the Services; (c) access or use the Services to build a competitive product or for benchmarking or monitoring availability, performance, or functionality; (d) circumvent usage limits or access controls; (e) transmit viruses, malware, or other harmful code; (f) interfere with or disrupt the Services or their infrastructure; (g) remove or alter proprietary notices; (h) use robots, spiders, crawlers, or similar tools to scrape or harvest data from the Services (except as permitted by a public API); (i) use the Services to infringe, misappropriate, or violate third‑party rights or law; (j) use the AI Features or any Output to develop, train, or improve models separate from authorized use of the Services; or (k) misrepresent Output as an original or wholly human‑generated work or as endorsed by GenuineAI or any AI Provider.
9. Third‑Party Services & Integrations
The Services may enable or require use of third‑party services (including Integrations and AI Providers). Customer’s use of third‑party services is governed by the third party’s terms and privacy policies. GenuineAI is not responsible for, and does not endorse, third‑party services or how they handle data. GenuineAI may share limited information with third‑party services as necessary to enable functionality.
10. Support; Service Changes; Suspension
10.1 Support. GenuineAI will provide commercially reasonable technical support during business hours via channels identified in the Documentation or Order.
10.2 Changes. GenuineAI may modify the Services to improve functionality, enhance security, comply with law, or address market conditions. If a change materially reduces core functionality of the paid Services, Customer may terminate the affected Services within 30 days of notice and receive a pro‑rated refund of prepaid fees for the terminated portion.
10.3 Suspension. GenuineAI may suspend access to the Services immediately if (a) required by law or government request; (b) Customer breaches these Terms (including non‑payment); (c) Customer’s use poses a security risk or could adversely impact the Services or GenuineAI’s infrastructure; or (d) there is actual or suspected fraud, misuse, or illegal activity. GenuineAI will use commercially reasonable efforts to limit the scope and duration of any suspension.
11. Fees; Billing; Taxes; Payment Processor
11.1 Fees. Customer will pay the fees specified in the Order. Except as expressly stated in these Terms or an Order, all fees are non‑cancelable and non‑refundable.
11.2 Billing & Payment. Unless otherwise stated in the Order, fees are due in advance of the Subscription Term and charged via Stripe (PCI‑compliant). GenuineAI does not store full payment card details. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law and may result in suspension.
11.3 Taxes. Fees are exclusive of taxes (e.g., sales, use, VAT, GST). Customer is responsible for applicable taxes other than taxes based on GenuineAI’s net income. Customer will provide valid tax exemption certificates where applicable.
11.4 Renewals; Price Changes. Subscriptions renew as stated in the Order. GenuineAI may modify pricing upon renewal by providing advance notice.
12. Security; Incident Response; Availability
12.1 Security. GenuineAI implements administrative, technical, and organizational safeguards designed to protect the Services and Customer Content against unauthorized access, loss, alteration, or disclosure.
12.2 Incident Response. If GenuineAI becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Content (a "Security Incident"), GenuineAI will notify Customer without undue delay and provide information reasonably available for Customer to meet any legal or contractual obligations.
12.3 Availability; Maintenance. GenuineAI strives for high availability but does not guarantee that the Services will be uninterrupted or error‑free. Routine maintenance, updates, and emergency downtime may occur.
13. Confidentiality
Each party (Recipient) will (i) use Discloser’s Confidential Information only as permitted by these Terms; (ii) protect Discloser’s Confidential Information using at least reasonable care; and (iii) limit access to individuals who need to know it for permitted purposes and are bound by confidentiality obligations. Recipient may disclose Confidential Information if required by law, provided Recipient gives prompt notice (where lawful) and cooperates to seek protective treatment.
14. Intellectual Property; Feedback; Publicity
14.1 Ownership. Except for the limited rights expressly granted in these Terms, no rights are transferred. GenuineAI and its licensors own all rights, title, and interest in and to the Services, Documentation, and related IP. Customer owns Customer Content.
14.2 Feedback. If Customer provides suggestions, ideas, or feedback regarding the Services ("Feedback"), GenuineAI may use the Feedback without restriction or obligation.
14.3 Publicity. GenuineAI may identify Customer as a customer (e.g., by name and logo) on the Websites and in proposals, marketing materials, and investor communications, unless Customer notifies GenuineAI in writing to opt out of publicity rights.
15. Warranties; Disclaimers
15.1 Authority. Each party represents that it has the legal power and authority to enter into these Terms.
15.2 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES (INCLUDING AI FEATURES, BETA FEATURES, INTEGRATIONS, AND OUTPUT) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GENUINEAI AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. GENUINEAI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, SECURE, OR THAT OUTPUT WILL BE ACCURATE OR MEET CUSTOMER’S REQUIREMENTS.
16. Indemnification
16.1 By Customer. Customer will defend, indemnify, and hold harmless GenuineAI and its Affiliates, and their officers, directors, employees, and agents, from and against claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Content; (b) Customer’s use of the Services in violation of law or these Terms; or (c) any dispute between Customer and a third party (including Authorized Users or end users).
16.2 By GenuineAI (IP Infringement). GenuineAI will defend Customer against third‑party claims alleging that Customer’s authorized use of the Platform (excluding Customer Content, third‑party services, Beta Features, or Customer’s modifications) directly infringes a U.S. patent, copyright, or trademark, or misappropriates a trade secret, and will pay damages finally awarded (or amounts agreed in settlement) arising out of such claim. If the Platform is, or in GenuineAI’s opinion is likely to be, the subject of a claim, GenuineAI may, at its option and expense: (i) procure the right for Customer to continue using the Platform; (ii) replace or modify the Platform to be non‑infringing and materially equivalent; or (iii) terminate the affected subscriptions and refund prepaid fees for the unused portion of the Subscription Term. This Section 16.2 does not apply to claims arising from: (A) Customer Content; (B) combination of the Platform with products, services, or data not provided by GenuineAI; (C) use of the Platform after GenuineAI notifies Customer to discontinue; (D) Customer’s failure to use a supported version; or (E) use not in accordance with these Terms. THIS SECTION STATES CUSTOMER’S EXCLUSIVE REMEDY FOR INFRINGEMENT CLAIMS.
16.3 Procedure. The indemnified party must: (i) promptly notify the indemnifying party of the claim; (ii) give the indemnifying party sole control of the defense and settlement; and (iii) provide reasonable cooperation. The indemnifying party will not settle a claim without the indemnified party’s prior written consent if the settlement imposes any obligation on the indemnified party other than a release.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO GENUINEAI FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CUSTOMER’S PAYMENT OBLIGATIONS, BREACH OF SECTION 8 (ACCEPTABLE USE; RESTRICTIONS), OR A PARTY’S INDEMNIFICATION OBLIGATIONS FOR IP INFRINGEMENT OR MISAPPROPRIATION.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS MAY BE BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED.
18. Term; Termination; Effect of Termination
18.1 Term. These Terms commence on the first date you accept an Order or access the Services and continue until all Subscription Terms have expired or been terminated.
18.2 Termination for Cause. Either party may terminate an Order or these Terms upon written notice if the other party materially breaches these Terms and fails to cure within 30 days after receipt of notice (10 days for non‑payment).
18.3 Effect of Termination. Upon termination or expiration of the applicable Subscription Term, Customer’s right to access the Services will cease. Upon request and subject to GenuineAI’s standard processes, for 30 days after termination GenuineAI will make available to Customer a snapshot export of Customer Content then in GenuineAI’s possession (excluding system logs and backups), after which GenuineAI may delete or de‑identify Customer Content in accordance with its retention policies and applicable law.
18.4 Survival. Sections 1, 5.3–5.4, 6–9, 11–19, and 21–24 survive termination.
19. Governing Law; Venue; Waivers
These Terms are governed by the laws of the State of Delaware, without regard to conflict‑of‑laws rules.
- Venue. The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms. Each party consents to the personal jurisdiction and venue of such courts.
- Jury Trial Waiver. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION RELATING TO THESE TERMS.
- Class Action Waiver. DISPUTES WILL BE LITIGATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED OR JOINED WITH CLAIMS OF OTHERS IN A CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION.
20. Compliance; Export; Anti‑Corruption; Sanctions
Customer represents and warrants that it will comply with all applicable laws, including export control and sanctions laws of the United States and other applicable jurisdictions. Customer will not use the Services in or for the benefit of any country, organization, or person embargoed, blocked, or otherwise restricted by the U.S. government. Customer represents that it and its Authorized Users are not on any U.S. government denied‑party list. Customer will not offer, promise, or provide anything of value in violation of anti‑corruption or anti‑bribery laws.
21. U.S. Government Rights
The Services and Documentation are "commercial products" and "commercial computer software" as defined under applicable U.S. federal acquisition regulations. If the Services are acquired by or on behalf of a U.S. government entity, use, duplication, and disclosure are subject to the restrictions in these Terms.
22. Notices
Notices to GenuineAI must be sent to accounts@genuinehq.com with a copy to the physical address listed above, Attn: Legal. Notices to Customer may be sent to the contact(s) identified in the Order or to Customer’s account email. Notices are deemed given when received (or, for email, when sent, if no bounce‑back is received).
23. Assignment; Change of Control
Customer may not assign these Terms, in whole or in part, without GenuineAI’s prior written consent, except to an Affiliate or in connection with a merger, acquisition, or sale of substantially all assets, provided that Customer gives prompt written notice and the assignee agrees in writing to be bound by these Terms. Any prohibited assignment is void. GenuineAI may assign these Terms without restriction.
24. Miscellaneous
24.1 Force Majeure. Neither party will be liable for delays or failures due to events beyond its reasonable control (e.g., acts of God, labor disputes, Internet failures, power outages, cyberattacks, epidemics, war, terrorism, civil unrest, government actions).
24.2 Relationship of the Parties. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.
24.3 Entire Agreement; Order of Precedence. These Terms, together with the Order(s) and any DPA or SOW, constitute the entire agreement and supersede prior and contemporaneous agreements regarding the Services. In the event of a conflict, the following order of precedence applies: (1) the DPA (solely with respect to data protection matters); (2) the Order or SOW (as applicable); (3) these Terms; and (4) the Documentation.
24.4 Amendments; Waiver. GenuineAI may modify these Terms by posting an updated version. Material changes will be communicated in advance where required by law. Continued use of the Services after changes become effective constitutes acceptance. A waiver must be in writing and will not be deemed a waiver of future breaches.
24.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
24.6 No Third‑Party Beneficiaries. These Terms are for the sole benefit of the parties and their permitted successors and assigns.
25. Contact
GenuineAI, LLC
13815 Emerson St, Suite 313
Palm Beach Gardens, FL 33418
Email: accounts@genuinehq.com