Terms of Services

Welcome to geniusai.art! We offer a cloud-based platform (Platform) where you can create images our generative AI technology.

By using our Services, you agree to these Terms. If you represent an entity (such as your employer), “you” refers to both you and the entity you represent. When we mention “we,” “us,” or “our,” we refer to geniusai.art
For any questions about these Terms, contact us at: [email protected] Key Disclosures

Before accepting these Terms, please review the following sections carefully:

• Our Privacy Policy, detailing how we handle personal information.
• Clause 1.3 (Variations), explaining how we may modify these Terms.
• Clause 4 (Subscription), outlining important details about your Subscription, including cancellation and auto-renewal.
• Clause 7 (AI Content Disclaimer), which explains disclaimers around AI-generated content.
• Clause 12 (Liability), describing limitations of our liability.

We may receive commissions or referral fees if you visit or make purchases from third-party websites linked to our Platform.

These Terms do not limit your rights under Consumer Law.

1. Engagement and Term

1.1 Applicability: These Terms apply from when you sign up for an Account and continue until your Account is terminated per these Terms. Your right to use our Services is granted only for this time.

1.2 Age Requirement: If you are under 18, you must have the consent of a parent or guardian to use the Platform.

1.3 Variations: We may amend these Terms at any time by notifying you. By clicking “I accept” or continuing to use the Platform after 30 days from notification, you agree to the amended Terms. If you disagree, you may cancel your Account and Subscription as follows:

• You lose access to the Services from the cancellation date.
• If you paid upfront, we’ll refund you on a pro-rata basis for the remaining Subscription Period.

2. Our Services

2.1 Services Provided: We offer:
Access to our Platform.
Support services (collectively, the "Services").

2.2 Support Services: You can request support through the Platform.

2.3 Access Requirements: If we need access to your systems or premises to provide Services, you agree to provide risk-free access to our staff.

2.4 Additional Services: Any extra services beyond what’s described will need a separate agreement.

2.5 Third-Party Products: If you use third-party services alongside our Services, we are not liable for those services unless agreed upon under

3. Account

3.1 Account Creation: You must create an Account to access and use the Platform.

3.2 Teams Plan: Under a Teams Plan, you may invite Authorised Users to use the Platform under your Account. You are responsible for their actions and compliance with these Terms.

3.3 Account Responsibilities: You agree to:

• Keep your information up-to-date, accurate, and complete.
• Keep your usernames and passwords secure.
• Notify us immediately if you suspect unauthorized access to your Account.

3.4 Inactive Accounts: If your Account is inactive for 12 months, we may permanently delete it, including any content generated. We will notify you before deletion via your registered email.

4. Subscriptions

4.1 After creating your Account, you can choose from the available Subscriptions listed on our Platform, which include details on features, limitations, Subscription Fees, and Subscription Periods.

4.2 You will be billed for the Subscription Fees during the Subscription Period on a recurring basis, as described on our Platform (Billing Cycle).

4.3 You can upgrade or downgrade your Subscription anytime through your Account. Upgrades take effect immediately, and you will be charged the price difference on a pro-rata basis. Downgrades will take effect at the start of the next Billing Cycle.

4.4 Subscription Fees are billed at the start of each Billing Cycle. Payment methods will be detailed on our Platform. If you use a third-party payment processor, you may be required to accept their terms and conditions, which will also be provided on our Platform.

4.5 You must not pay, or attempt to pay, Subscription Fees using fraudulent or illegal means. If paying by debit or credit card, you must be the authorized cardholder. For payments by direct debit, by providing your bank account details and agreeing to these Terms, you authorize our third-party payment processor to debit your account according to your chosen Subscription. You also confirm that you are the account holder or an authorized signatory.

4.6 Pausing your Subscription: You may pause your Subscription for up to three months per Subscription Period by notifying us through your Account (as described in clause 15.8). During this time, neither you nor your Authorized Users will have access to the Services, and you won’t be charged Subscription Fees for the paused period (calculated on a pro-rata basis).

4.7 Cancellation: Your Subscription will continue for the Subscription Period and automatically renew at the end of each period, provided all Subscription Fees are paid. If you wish to cancel, you can do so through your Account. The cancellation will take effect at the end of the current Subscription Period, meaning you will continue to pay the Fees until the end of that period.

4.8 Late Payments: If Subscription Fees are not paid on time, we may:

(a) suspend your access to our Services (including the Platform); and

(b) charge interest on overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate plus 2% per annum, calculated daily and compounded monthly.

5. Platform License

5.1 As long as you have an Account, we grant you and your Authorized Users the right to use our Platform, which may be suspended or revoked under these Terms. This right is non-transferable and, if you have a Subscription, is subject to its specific conditions as outlined on our Platform or in your Account.

5.2 You and your Authorized Users must not:

(a) use our Platform in any illegal or improper way, or in any manner that infringes on others' rights (e.g., intellectual property or privacy) or results in civil or criminal liability;

(b) interfere with or disrupt our Platform or another person's use of it;

(c) introduce viruses or malicious code into our Platform;

(d) use unauthorized or modified versions of our Platform, especially for building similar software or gaining unauthorized access;

(e) attempt to access any data or accounts you’re not authorized to;

(f) use our Platform for service bureau activities, outsourcing, renting, reselling, sublicensing, concurrent use, or time-sharing;

(g) bypass any authentication or security measures on our Platform or third-party networks; or

(h) use our Platform to transmit or publish content that is defamatory, offensive, harassing, indecent, unlawful, or harmful, including but not limited to:

• i. harassing, obscene, fraudulent, or unlawful material;
• ii. unauthorized advertising, spam, or solicitation, or collecting user data without consent;
• iii. impersonating others or misleadingly representing individuals;
• iv. sexual abuse, violence, explicit pornography, or non-consensual acts;
• v. child nudity, child pornography, or child exploitation;
• vi. non-consensual depictions, sexual or otherwise;
• vii. animal cruelty or harm, including violent acts;
• viii. extreme violence or gore;
• ix. promoting or inciting hate, violence, or discrimination based on race, religion, gender, etc.;
• x. endangering or threatening individuals' or groups' safety, security, or well-being; or
• xi. any other content that we, in our sole discretion, deem offensive, inappropriate, or contrary to

6. Availability, Disruption, and Downtime

6.1 We strive to keep our Services available at all times but cannot guarantee 100% availability. Services may be interrupted, for example, during scheduled or emergency maintenance.

6.2 Our Services, including the Platform, may depend on or interact with third-party services such as cloud hosting providers. To the fullest extent permitted by law, we are not responsible for disruptions or downtime caused by third parties.

6.3 Where possible, we will provide reasonable notice of any disruptions to your access to our Services.

7. Disclaimer regarding Generative AI and Large Language Models

7.1 Our Platform uses generative AI and large language model technologies to produce content, including images (collectively, Generated Content). You acknowledge that this content may include deep fakes, misinformation, biases, or other potentially misleading information. You are solely responsible for evaluating the accuracy, reliability, and legality of any Generated Content before using it.

7.2 Subject to your Consumer Law Rights, all Generated Content is provided “as is” without warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We disclaim liability for any errors, omissions, or inaccuracies in Generated Content, infringements of third-party rights, or any losses arising from your use or reliance on such content.

8. Ownership of Inputs & Outputs

8.1 You may submit text, documentsor other inputs to our Service (Inputs) and receive outputs generated by the Service based on those Inputs (Outputs). Together, Inputs and Outputs are referred to as Content.

8.2 You are responsible for all Inputs you submit. By submitting Inputs, you warrant that you have all necessary rights, licenses, and permissions for us to use and process those Inputs. You retain ownership of any Inputs.

8.3 For Paid Subscribers, subject to compliance with these Terms, you own all Intellectual Property Rights in the Content created by you or your Authorized Users on the Platform. If any Intellectual Property Rights do not automatically vest in you, we assign those rights to you and agree to do all necessary acts to assure your title in them.

8.4 Certain Paid Subscribers can choose whether Content is public or private. Public Content is available to all users of the Platform, while Private Content is accessible only to you and your Authorized Users, as specified in your Subscription plan.

8.5 You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable (except to related bodies corporate) and non-transferable right to use any Private Content solely to perform our obligations or exercise our rights under these Terms. We will not use your Inputs for any other purpose without your express written consent.

8.6 For Public Content, you grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, and transferable license to use, reproduce, modify, publish, and distribute such content for the purpose of providing, maintaining, promoting, and improving the Services, including training AI models and developing new offerings.

8.7 For Free Subscribers, ownership of all Intellectual Property Rights in any Output created by you or your Authorized Users will vest in us. If any rights do not automatically vest in us, you assign them to us and agree to do all necessary acts to assure our title in those rights.

8.8 You consent to us using any Moral Rights in any material connected with these Terms, and you will ensure your personnel do the same.

9. Ownership of Services, Platform, and Data

9.1 We own all intellectual property rights in our Services, including the Platform. This includes our copyrighted works, trademarks, inventions, designs, and other intellectual property. You agree not to copy or misuse our intellectual property and must not alter or remove any ownership notices placed on our Platform. Nothing in these Terms transfers or assigns any of our intellectual property rights to you.

9.2 We retain ownership of all Intellectual Property Rights in any developments, modifications, enhancements, or improvements to the Platform (Platform Developments). If any rights in Platform Developments do not automatically vest in us, you assign them to us and agree to do all necessary acts to assure our title in those rights.

9.3 We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable, and non-transferable right to use our materials for the duration of your Subscription, solely for your use of our Services under these Terms.

9.4 We may use any feedback or suggestions you provide for any purpose, including improving or developing new features, with no obligation to provide any benefit to you.

9.5 We may generate anonymized statistical data from your usage of our Services. We own this anonymized data and may use it for purposes such as improving our Services, developing new offerings, and identifying trends. We may also make such data publicly available, provided it cannot be used to identify you or your data.

10. Confidential Information and Personal Information

10.1 While using our Services, both parties may exchange confidential information. You agree not to misuse or disclose our confidential information, and we agree to do the same for yours. Each party will take reasonable steps to protect the confidentiality of such information and ensure that access is limited to those who need it for legitimate purposes, such as employees, contractors, or advisors, who are also bound by confidentiality obligations.

10.2 Confidential information may be disclosed if required by law or to legal or regulatory authorities.

10.3 We handle any personal information you provide in accordance with our privacy policy and applicable privacy laws.

10.4 You must ensure that any personal information you disclose to us has the necessary rights and consent for such disclosure.

10.5 We may need to disclose personal information to third parties, including our related companies or service providers, for operational purposes.

10.6 From time to time, we may request information from you to comply with legal requirements, and you agree to provide such information in a timely manner.

11. Consumer Law Rights

11.1 In certain jurisdictions, you may have legal guarantees, rights, or remedies (Consumer Law Rights) that these Terms do not restrict. We are bound by your Consumer Law Rights and the express wording of these Terms.

11.2 If you accept these Terms in Australia, nothing in these Terms limits or excludes any rights under the Australian Consumer Law. If our Services are not typically used for personal or domestic purposes, our liability is limited to either re-supplying the Services or covering the cost of having them re-supplied.

12. Liability

12.1 To the fullest extent permitted by law, we will not be liable for, and you release us from liability for, any losses caused by or related to:

(a) Your computing environment, such as hardware, software, or telecommunications services.

(b) Any unauthorized use of our Services by others.

12.2 To the maximum extent permitted by law:

(a) Neither party will be liable for any consequential loss.

(b) Liability under these Terms is reduced proportionately to the extent the other party's actions or inactions contributed to the liability, including failing to mitigate loss.

(c) If our Services are not typically used for personal or domestic purposes, our liability for any breach of Consumer Law Rights is limited to either re-supplying the Services or covering the cost of doing so.

(d) Our aggregate liability for any claims under these Terms is limited to the Subscription Fees paid by you for the relevant Services or, if no fees were paid, to AU$1,000.

13. Notice Regarding Apple

13.1 If you access our Platform via an iOS app, you agree to this clause. These Terms are between you and us, not Apple Inc. (Apple), and Apple is not responsible for our Platform.

13.2 Apple is not obligated to provide support or maintenance services for our Platform.

13.3 If our app does not meet a warranty, you may notify Apple for a refund of the purchase price. Apple has no other warranty obligations beyond this.

13.4 Apple is not responsible for addressing claims related to product liability, regulatory compliance, or consumer protection in connection with our app.

13.5 Apple is not responsible for handling third-party intellectual property claims against our app.

13.6 You must comply with any third-party terms when using our app.

13.6 You must comply with any third-party terms when using our app.

13.8 You represent that you are not located in a country under a U.S. Government embargo or listed on a U.S. Government list of prohibited parties.

14. Suspension and Termination

14.1 We may suspend your access to our Services if:

(a) We reasonably suspect unauthorized access or misuse of our Services, such as unauthorized sharing of login details.

(b) You transmit any offensive Inputs or violate any law.

(c) You breach clause 5.2.

14.2 If we suspend your access, we will inform you within a reasonable time and work to resolve the issue within 14 days. If unresolved, we may terminate your Account and access to our Services.

14.3 We may terminate these Terms and your access to our Services if:

(a) You fail to pay your Subscription Fees when due.

(b) You or your Authorized Users breach these Terms and fail to remedy the breach within 14 days of notice.

(c) The breach cannot be remedied.

(d) You experience an insolvency event.

14.4 You may terminate these Terms if:

(a) We breach these Terms and do not remedy the breach within 14 days of your notice.

(b) The breach cannot be remedied. In such cases, you will receive a pro-rata refund of any unused Subscription Fees for the remainder of the Subscription Period.

(b) The breach cannot be remedied. In such cases, you will receive a pro-rata refund of any unused Subscription Fees for the remainder of the Subscription Period.

14.6 Termination of these Terms does not affect any other rights or liabilities either party may have.

15. General

15.1 Assignment: You cannot transfer or assign these Terms or any obligations under them to a third party without our written consent. We may transfer these Terms to a third party, including transferring any debt owed by you to a debt collector or other third party.

15.2 Disputes: Before starting court proceedings for any dispute related to these Terms, both parties must first meet in good faith to try to resolve the issue. This does not prevent either party from seeking urgent legal relief. If the dispute is not resolved:

• If you are in Australia, the matter will be referred to mediation, administered by the Australian Disputes Centre under its guidelines.
• If you are not in Australia, the dispute will be referred to arbitration administered by the Australian Centre for International Commercial Arbitration in Sydney, under ACICA Arbitration Rules.

15.3 Events Outside Our Control: We are not liable for delays or failures to perform our obligations due to events outside our control.

15.4 Governing Law: These Terms are governed by the laws of New South Wales, and disputes will be resolved in the courts of New South Wales.

15.5 Illegal Requests: We reserve the right to refuse any request for our Services that we consider unethical, unreasonable, illegal, or non-compliant with these Terms.

15.6 Marketing: By agreeing to these Terms, you consent to receiving electronic communications about our products and services. You can opt-out anytime using the unsubscribe option.

15.7 Legal Relationship: These Terms do not establish a partnership, joint venture, employment, or agency relationship between us.

15.8 Notices: Any notice you send us must be via the email provided in these Terms. Any notice we send to you will be to the email associated with your Account.

15.9 Survival: Clauses 7 to 14 will survive the termination of these Terms.

15.10 Third-Party Sites: Our Platform may link to third-party websites. We do not control or endorse these sites and recommend you investigate their suitability. If you purchase goods or services from third-party sites, the transaction is with that third party. We may receive a commission or referral fee from certain third-party links on our Platform, and we will notify you where this occurs.

16. Definitions

16.1 In these Terms:

• Account: An account accessible by the individual or entity who registered for our Services, allowing Authorised Users access.
• Authorised User: A user invited to use the Platform through your Account.
• Consequential Loss: Special or indirect loss including loss of profit, revenue, business, opportunity, savings, reputation, or data. It does not include your obligation to pay us for using our Services.
• Intellectual Property Rights: All rights worldwide related to copyright, designs, patents, trademarks, domain names, trade secrets, and similar legal rights.
• Liability: Any form of expense, cost, claim, damage, demand, or judgment arising from these Terms.
• Moral Rights: As defined in the Copyright Act 1968 (Cth), including similar rights globally.
• Our Materials: Intellectual Property that we own or license, including improvements or modifications.
• Personal Information: Any identifiable information or opinion about an individual, whether true or not, and whether recorded or not.