TERMS OF USE
Last update: 16.07.2024.
INTRODUCTION
“Generect, Inc.” (hereinafter - the “Team”, “We”, “Our”, or “Us”) offers users and companies (hereinafter - the “You” or “Your”) services that are listed below (hereinafter - the “Services”). By using Our Services, You agree, on behalf of yourself and all members of Your household and others who use any Service under Your registration number (account), to the following conditions.
These Terms of Use (hereinafter - the “Team”) govern Your use of Our Services, which are currently available at https://generect.com/ (hereinafter - the “Website”). “Generect, Inc.”, the owner and operator of the Website.
In order to use Our Services, You must agree to all the Terms set forth below, without any objections or modifications to the Terms or to any operating rules and policies. By accepting these Terms, You also must agree with Our the Privacy Policy, available at https://generect.com/privacy-policy. Please read Our Privacy Policy to know what data We collect about You.
You automatically agree to these Terms (1) by providing your personal consent through a pop-up questionnaire (by clicking the “Accept” button) on Our Website or by making the appropriate settings in Your Web browser, and/or (2) through Registration on Our Website (as described below), and/or (3) when You interact with our Website (including by filling out the “Contact Us” form, available at https://generect.com/contact-us ).
Please read these Terms carefully before accessing or using Our Services. If You do not agree to the Terms and Our policies, You may not access or use Services.
We comply with the General Data Protection Regulation (the “GDPR”; Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data), the UK Data Protection Act of 2018 (hereinafter - the “UK DPA”), The California Consumer Privacy Act of 2018 (hereinafter - the “CCPA”), and other regulatory acts.
OUR SERVICES
We offer the following range of the “Services” on Our Website: Our SaaS product “Generect tool” (designed to quickly find potential customers or update existing datasets), and other custom service packages, available at https://generect.com/pricing.
Our SaaS product “Generect tool” provides four possible plans (subscription options, as the renewal is monthly) for using the Service, namely (for calculation and taxation, see “PAYMENTS FOR OUR SERVICES”): (1) “Free plan” costing $0 per month; or (2) “Startup plan” costing $59 per month; or (3) “Business plan” costing $120 per month; or (4) “Growth plan” costing $350 per month. The main differences between Our plans (subscription options) are credit allocation and usage restrictions, which can be found and reviewed on the “Pricing” page of Our Website, available at https://generect.com/pricing , and in addition, We have added a “Questions & Answers” section on this page to make it as easy as possible for You to familiarize Yourselves with Our SaaS product “Generect tool”.
In addition to the above-mentioned plans (subscription options), we may also offer to purchase additional credits (it is important to note that credits are valid until the beginning of the next monthly subscription period, for example, if credits are purchased the day before the subscription is renewed, the credits will be valid for only one day), which you can purchase in the following amounts: (1) “1000 credits” costing $7. 5 per month; or (2) “2000 credits” at a cost of $15 per month; or (3) “5000 credits” at a cost of $37.5 per month; or (4) “10000 credits” at a cost of $75 per month; or (5) “15000 credits” at a cost of $112.5 per month; or (6) “20000 credits” at a cost of $150 per month.
In case You are interested in receiving individual services from Us such as: Application Programming Interface service integration, partnerships, etc., please contact Us via the above-mentioned way, or by writing to Us at [email protected]. In this case, We will stipulate the terms of such services in a separate master service agreement, etc. (i.e., these Terms of Use will not govern such services of Ours), and then We reserve the right to offer you any of Our services.
REGISTRATION
To start receiving the Services that come in a subscription format, You need to perform one of two actions (or both, if You wish): (1) request a consultation by filling out the “Contact us” form located in the upper right corner on all pages of our Website or by clicking on the “Leave custom request” form located at the bottom of the home page of our Website, and We will contact You in any way convenient for You; or (2) by clicking on the “Sign up, it's free” button located in the upper right corner on all pages of our Website to start using Our Services in accordance with the package (one of four subscription options) You have chosen.
When You have completed the registration process, available at https://beta.generect.com/welcome, using only Your work email, You will be redirected to Your personal account in Our SaaS product “Generect tool” where You will be able to use the package You have selected and paid for (payment by one of the following methods) in full, as well as follows the history of Your payments with Us, view the history of Your search, track the balance of the package (activity), etc.
By choosing the “Startup plan” or “Business plan” or “Growth plan” You are obliged to pay a subscription fee (by one of the below settlement methods), i.e., for the use of the plan You have chosen. Your subscription begins on the day You sign up for a one-month period and automatically renews on the same terms and conditions. In this case, You have the right to: (1) cancel Your subscription at any time from the settings page of Your account; or (2) delete Your entire account yourself (please note that all search and result histories will not be returned); or (3) contact Us, and We may terminate Your subscription, transfer You to another plan or delete Your account (as described in more detail in the next section).
By choosing the “Free Plan” is also a subscription model that can last for an unlimited number of months and does not involve any payments. By choosing this subscription model, You agree that We are not responsible for the fact that You do not receive the proper amount of Our Services, as the “Free Plan” is intended to introduce You to Our Service. Here, You have the same rights as listed above for paid subscription plans.
PAYMENTS FOR OUR SERVICES
Settlement method:
- For payment processing, We are typically using Stripe.com (this includes major credit and debit cards such as Visa, MasterCard, American Express, and Discover), or Depending on Your location,
- We may also support additional payment options like Apple Pay, Google Pay, and various local payment methods, and upon Your individual request, We can accept crypto payments as well.
The price of the plan and credit packages are quoted in USD, excluding taxes inherent in Our receipt of such revenue (e.g., “Sales Tax”, etc.), which, like all bank fees, are paid by You. Depending on the payment model You choose, the total price for the plan and/or credit packages You select will be shown on the invoice that You must pay to start or continue using Our Services.
Please note that We do not compensate (refund) any funds paid by You for the use of Our Services within the chosen plan and/or credit packages. However, You retain the right to use Our Services for which You have paid until the end of such paid subscription, unless Your account is deleted by You or Us.
To discuss the payment model with Us in more detail, if You wish, please email Us at [email protected]. Additionally, please, be sure to read our Privacy Policy.
FEE CHANGES
We, in our sole discretion and at any time, may modify the subscription fees for any plan. Any subscription fee change will become effective at the end of the then-current subscription period.
We will provide You with reasonable prior notice of any change in subscription fees to give You an opportunity to terminate Your subscription before such change becomes effective.
Your continued use of the Services after the subscription fee change comes into effect constitutes Your agreement to pay the modified subscription fee amount.
FAILED CHARGES
In the event of non-payment (on each first banking day of the current month for the next month), or delay in payment of more than 7 (seven) banking days, We reserve the right to: (1) declare all amounts owed to Us to be overdue and subject to immediate payment, and/or (2) immediately suspend access to the Services until the debt is paid in full (i.e., temporarily deactivate Your account in Our SaaS product “Generect tool”), and/or (3) We may temporarily disconnect You from using Our Services if You have not paid within 7 (seven) banking days (i.e., temporarily deactivate Your account in Our SaaS product “Generect tool”), until payment is made.
As soon as You have made the appropriate payment for the plan You have chosen in Our SaaS product “Generect tool”, We will unlock the possibility for You to continue to use Your paid plan of the Services in full.
TERMINATION AND PAUSE OF OUR SERVICES
Termination and suspension of the use of Our Services is carried out: (1) by Us when Your actions endanger the reputation of Our Company “Generect, Inc.” with a written explanation, or (2) when You fail to pay for the plan and/or credit packages (as described above), or (3) when You request Us (by writing to Us at [email protected]) to temporarily suspend Your account, or delete Your account with a written explanation of the reason for such action, or (4) when You delete Your account yourself in Your account settings.
Upon termination of the subscription, You will lose access to the Services upon expiration of the subscription.
There are no refunds for unused Services, although You will be able to use them until the end of the subscription period.
INTELLECTUAL PROPERTY
The Website and other components are Our property, as well as the software, infrastructure, databases, and content of any kind (texts, images, visual effects, music, logos, brands, etc.) that We use or the property of their respective licensors. They are protected by all applicable intellectual property rights or the rights of the database owners.
The license We grant to You does not entail the transfer of Our intellectual property rights to You. However, as a user of Our Services, You are granted a non-exclusive, non-transferable license to use the Services during the period of Your subscription.
Nevertheless, once You have paid Us for the Services You use, You may use outside of Our Services the portrait of the ideal customer You have created using one of the four tariff plans (subscription) of Our Services.
THIRD-PARTY LINKS
Our Website may contain links to third-party websites or services that are not owned or controlled by Us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that We 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 such third party websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third party websites or services You visit.
USE POLICIES
You are responsible for Your use of the Services and any information You share in connection therewith.
You agree that the Services will be used exclusively by You and/or users, who are subject to the same obligations, as You are using Your personal account in Our SaaS product “Generect tool”.
As a user, You must be 18 years or older to use the Services. You are required to provide a valid email address, and any other information requested in order to complete the signup process and/or continue to use the Services. You are responsible for safeguarding the password that You use to access the Services and for any activities or actions under Your password, whether Your password is with Our Services or a third-party.
As a user, You agree to follow the acceptable Terms, which are designed to prevent fraud and abuse of Our Services, to ensure that all customers receive acceptable access to Our Services, and to protect the quality and integrity of Our Services.
As a user, You agree that the implementation of Our Services requires a connection to the Internet and that the quality of Our Services depends on this connection, for which We are not responsible.
You agree not to apply the following non-exhaustive list of practices that are not considered “Legitimate Use” of Our Services:
- using Our Services for unreasonable workloads We determine (in Our sole discretion) to be unrelated to the deployment and maintenance of Your own services;
- re-selling Our Services or parts thereof to another third party;
- using Our Services, violate any laws in Your jurisdiction (including but not limited to copyright, spam, or trademark laws);
- use a robot, spider, other automated device, or manual process to monitor or copy any content from the Services;
- using Our Services in a manner We determine (in our sole discretion) could cause harm to Our Services or another third party; or
- unusual usage patterns inconsistent with those We reasonably consider as normal use when compared to other customers.
If You use Our Services in any way which We reasonably determine (at Our sole discretion) may be unlawful, prohibited, abnormal, unusual, or detrimental to Our Services or any of Our other customers or other unrelated parties, We reserve the right to suspend or terminate Your access without notice.
You indemnify Us against any claims and/or actions that may be brought against Us as a result of Your breach of Your obligations. You will refund Us any losses incurred and reimburse Us for any damages We may incur as a result of Your breach of Your obligations.
OUR OBLIGATIONS
We make every effort to provide You with quality Services. For this purpose, We regularly improve Our qualifications, use licensed software, etc.
However, We are not responsible for any difficulties or temporary impossibility of access to Our Services due to, but not limited to including partial or complete failure of Your servers, or failure of equipment, cables, services or networks that are not part of Our Services or that are not under Our responsibility, or interruption of the Services by telecommunications operators or Internet providers, or Your intervention, including due to incorrect configuration applied to the Services, or force majeure, etc.
We do Our best efforts to ensure data security by implementing measures to protect the infrastructure and the Services, to detect and prevent malicious acts, and to recover data.
We may use contractors in the performance of the Services, who are subject to the same obligations as Us in providing the Services to You. However, We shall remain solely responsible to You for the proper performance of the Services.
We may substitute any person who will be subrogated to all Our rights and obligations under Our contractual relationship. We will inform You of any such substitution by any written means.
RESTRICTIONS
You are prohibited from using this Website in any manner that causes or may cause damage to this Website, use this Website in contravention of applicable laws and regulations, or in any way that may cause damage to the Website, any person or entity.
DISCLAIMER
Your use of the Services at Your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We do not warrant that: a) the Services will function uninterrupted or available at any particular time or location; b) the Services are free of errors or defects; c) any errors or defects will be corrected; or d) the results of using the Services will meet Your requirements.
LIMITATION OF LIABILITY
In no event shall We be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your use of the result of Our Services; (ii) any conduct or content of any third party on the Services; and (iii) unauthorized access, use, or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
GOVERNING LAW
These Terms shall be governed by the laws of the State of Delaware, USA. All claims and/or controversies of every kind and nature arising out of or relating to these Terms shall be settled (a) at Ours election, by binding arbitration administered by the American Arbitration Association (hereinafter - the “AAA”) in accordance with its Commercial Arbitration Rules and, in such case (i) the arbitration proceedings shall be conducted before a panel of three arbitrators, with each party selecting one disinterested arbitrator from a list submitted by the AAA and the two disinterested arbitrators selecting a third arbitrator from the list, (ii) each party shall bear its own costs of arbitration, (iii) all arbitration hearings shall be conducted in Wilmington, Delaware, USA, and (iv) the provisions hereof shall be a complete defense to any suit, action, or proceeding instituted in any Federal, state or local court or before any administrative tribunal with respect to any claim or controversy arising out of or relating to these Terms and which is arbitrable as provided in these Terms, or (b) in the event that We don’t elect binding arbitration as permitted in point (a) above, exclusively in the United States District Court for the State of Delaware or, if such Court does not have jurisdiction, in any court of general jurisdiction in State of Delaware, USA, and each party consents to the exclusive jurisdiction of any such courts and waives any objection which such party may have to the laying of venue in any such courts.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us with respect to Our Services, and supersede and cancel any prior agreements that may have been made between us with respect to the Services.
CHANGES
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If the changes are material, We will endeavor to provide a notice before any new terms become effective. What constitutes a material change will be determined in Our sole discretion.
By continuing to access or use Our Services after these changes become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must send a notice to terminate Your use of the Services.
CONTACT US
In order to resolve a complaint about the Services or to obtain additional information regarding use of the Services, please contact Us by sending an email to [email protected].