Terms of Use

2.1. The Application is accessible via [website, iOS/Android mobile app, etc.], subject to an internet connection. Costs related to access (hardware, connection) are the responsibility of the User.

2.2. To use the features, the User must create an account. The User agrees to provide accurate information and maintain the confidentiality of their credentials.

2.3. Genario may suspend or interrupt access for maintenance, without notice, without incurring liability.

2.4. The Application is intended for adults. Minors must obtain parental consent.

4.1. Genario holds all rights to the Application, its code, designs, and AI algorithms. The User benefits from a non-exclusive, non-transferable, and limited license to use the Application. Except for your content and user content, you agree that we and our suppliers own all rights, titles, and interests in the services. You will not remove or modify any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying them.

4.2. We do not claim ownership of your Content. You also hold all intellectual property rights to input and output data, to the extent permitted by applicable law. Therefore, you are responsible for all input data you use and declare and warrant that you have all necessary rights, licenses, and authorizations to provide input data to the Services. You are solely responsible for the use of output data and particularly for verifying their accuracy and suitability for your use case.

4.3. As a condition of use, you agree not to use the Services for purposes prohibited by this Agreement or applicable law. You must not (and will not allow a third party to) (a) take action or (b) make available any Content on or through the Services that: (i) infringes a patent, trademark, trade secret, copyright, publicity right, or other right of any person or entity; (ii) is illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk mail, or bulk email; (iv) involves contests, sweepstakes, or pyramid schemes without the prior written consent of the Company; (v) impersonates a person or Company; (vi) interferes or attempts to interfere with the proper functioning of the Services or uses the Services in a manner not expressly authorized by this Agreement; (vii) attempts to engage or engages in any potentially harmful act directed against the Services, including but not limited to violating or attempting to violate any security feature of the Services, using manual or automated software or other means to access, "crawl", or "spider" any page contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with the use of the Services by any other user, host, or network, including by overloading, "flooding", "spamming", "mail bombing", or "crashing" the Services, or (viii) directly or indirectly using the Services (including but not limited to Outputs) to create, train, develop, or improve similar or competitive products or services. In case of violation, Genario may suspend or terminate the account without refund.

5.2. If you use the Services to process personal data as part of your professional or commercial activities, you must provide the information required by current regulations to the data subjects and obtain their necessary consent. Also, it will be necessary to process personal data in accordance with applicable laws and regulations, and comply with our Privacy Policy. The User has rights of access, rectification, erasure, limitation, opposition, and portability. Contact: contact@genario.fr Data may be hosted in Europe and shared with subcontractors (e.g., AI providers like OpenAI), under appropriate contractual clauses.

7.1. The ToU are in effect as long as the User uses the Application. Genario may terminate your subscription at any time if you have violated a provision of the agreement or if Genario is required to enforce the law. This termination will be carried out immediately and without notice in this case. You agree that all terminations for cause will be made at Genario's sole discretion and that Genario will not be liable to you or any third party for any termination of your Account.

7.2. Termination of any service includes deletion of access to that service and prohibition of any further use of the service. Termination of all Services may also include deletion of your password and all related information, files, and content associated with or within your Account (or any part thereof), including Your Content; provided that any Content you have previously Made Available in any "public" areas of the Service may be retained in perpetuity. Upon termination of any Service, your right to use that Service will automatically terminate immediately. You understand that any termination of services may involve deletion of your associated content from our live databases. Genario will have no liability to you for any suspension or termination, including for deletion of your content. All provisions of the Agreement that by their nature should survive will survive termination of the Services, including without limitation disclaimers and limitation of liability.

7.3. If your registration(s) with, or ability to access the Services or any other company community, is terminated by the Company due to your violation of any part of the Agreement or for conduct otherwise inappropriate for the community, then you agree not to attempt to re-register or access the Services or any company community using another member name or otherwise, and you acknowledge that you will not be entitled to a refund for fees related to Services to which your access has been terminated. In the event you violate the immediately preceding sentence, Genario reserves the right, at its sole discretion, to immediately take all or part of the measures set forth herein without notice or warning.

8.1. The User is not authorized to assign, transfer, or delegate all or part of their rights or obligations under these ToU to a third party without Genario's prior written consent. Any attempt to assign or transfer will be considered null and void. Genario reserves the right to assign or transfer its rights and obligations to an affiliated entity, subsidiary, or successor in connection with a merger, acquisition, or reorganization of its activities, without requiring the User's prior consent.

8.2. Neither party shall be liable to the other for any delay or failure to perform its obligations (except payment obligations) if such delay or failure results from an unforeseeable event beyond its reasonable control, such as a natural disaster, major infrastructure failure, or any other case of force majeure within the meaning of Article 1218 of the French Civil Code.

8.3. No provision of these ToU is intended to confer rights or benefits on third parties. The rights and obligations described in these terms are strictly limited to the contracting parties, namely Genario and the User.

8.4. Genario's failure to exercise or enforce any right or provision of these ToU does not constitute a waiver of that right or provision. Any express waiver must be in writing and signed by Genario to be valid. A one-time waiver of a provision does not constitute a waiver for the future or for other provisions.

8.5. These ToU do not create any partnership, joint venture, employment, franchise, or agency relationship between Genario and the User. Neither party has the power to bind the other or enter into commitments on its behalf without prior written agreement.

8.6. These ToU, along with the Privacy Policy and any other applicable special conditions, constitute the entire agreement between Genario and the User regarding the use of the Genario Application. Any statement, promise, or communication, whether oral or written, exchanged between the User and Genario or its representatives, is not part of this agreement and has no contractual value, unless otherwise written and signed by both parties. If any clause of these terms is deemed null or unenforceable by a competent court, such nullity will not affect the validity of the other clauses, which will remain fully in effect.