Main / Terms of Service

Effective Date: October 05, 2022

Introduction

PLEASE READ THIS TERMS OF SERVICE (“AGREEMENT” or “TERMS”) CAREFULLY BEFORE USING THIS SERVICE.

BY USING THE SERVICE OR CLICKING “AGREE” CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF CUSTOMER IS AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF ITS EMPLOYER, THEN CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON ITS EMPLOYER’S BEHALF.

These Terms are a legal agreement between you, as a current or prospective customer of Genio’s services (“you,” “your” “Customer”) and GENIO GROUP, INC., (”Genio” “we,” “our” or “us”) and govern your use of Genio’s services (software-as-a-service platform for online legal, financial or billing services and other related updates, services and Support), including, websites, software, cloud-based solutions, hardware, and other products and services (collectively, the “Services”). By using any of the Services, you agree to these Terms and any policies referenced within (“Policies”), including our Privacy Policy and terms that limit our liability and require individual arbitration for any potential legal dispute, which are collectively incorporated herein by reference. If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms, and that business accepts these Terms.

1. Account Registration

You must open an account with us (a “Genio Account” or “Account”) to use the Services on the website https://genio.ac (“Website”). During registration we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information up to date. You are fully responsible for all activity that occurs under your Genio Account, including for any actions taken by persons to whom you have granted access to the Genio Account. We reserve the right to change the account type, suspend or terminate the Genio Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

2. Revisions, Disclosures and Notices

We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.

You agree to Genio’s E-Sign Consent. We may provide disclosures and notices required by law and other information about your Genio Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your Genio Account or that you otherwise provided to Genio. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact Genio Support. If we are not able to support your request, you may need to terminate your Genio Account.

3. Subscription. Free Trial.

Subscription. Subject to the terms and conditions of this Agreement, Genio grants Customer a limited, nonexclusive, non-assignable, non-transferable, non-sublicensable right, during the Term (defined below), to access and use the Service solely for Customer’s internal end-use purposes (collectively, the “Subscription”).

The Subscription shall be subject to whatever other limitations or conditions (such as regarding features, volume, duration, or location) are specified in the Service.

Free Trial. Genio may (but shall not be obligated to) offer a free trial period (if offered, the default period shall be thirty (30) days, unless configured otherwise by Genio) (“Free Trial” and “Free Trial Period”) prior to charging the Fees. The Free Trial, if any, shall commence on the date that Customer commences access or use of the Service, and will terminate at the end of the Free Trial Period, or sooner if: (a) Customer begins paying the applicable Fees, (b) Customer requests to cancel the Subscription, or (c) the Free Trial is terminated by Genio, in its sole discretion. Upon termination of the Free Trial, and unless Customer has canceled the Subscription or Genio has terminated the Free Trial, the Fees shall become immediately due and payable (and if no payment or billing information has been provided, Customer shall, and may be required to, provide such information). Free Trials are permitted solely for Customer to determine whether to proceed to a paid Subscription. Free Trials may not include all features. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, GENIO AND GENIO AFFILIATES WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS OR LIABILITIES WITH RESPECT TO FREE TRIALS, AND GENIO HAS THE RIGHT TO TERMINATE A FREE TRIAL AT ANY TIME AND FOR ANY REASON.

4. Restrictions.

You may not, nor may you permit any third party, directly or indirectly, to:

export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your account could be terminated and your funds could be held for an indefinite period of time;
access or monitor any material or information on any Genio system using any manual process or robot, spider, scraper, or other automated means;
except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Genio;
use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
transfer any rights granted to you under these Terms;
use the Services in a way that distracts or prevents you from obeying traffic or safety laws;
use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
use the Services for any illegal activity or goods or in any way that exposes you, other Genio users, our partners, or Genio to harm; or
otherwise use the Services except as expressly allowed under these Terms.

If we reasonably suspect that your Genio Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Genio Account, and any of your transactions with law enforcement.

Additional Restrictions.

Customer shall not do (or permit or encourage to be done) any of the following (in whole or in part): (a) copy, distribute, broadcast, rent, lease, lend, use for timesharing or service-bureau services, export, modify, adapt, translate, enhance, customize or otherwise create derivative works of, the Service or any part thereof; (b)reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of, the software or platform, or any part of the Service; (c) remove or distort any proprietary notices, labels or legends on or in theService; (d) use any automated means to access or use the Service, nor circumvent or disable any security or technological features of the Service; (e) use, send, upload, post, transmit or introduce any device, code, routine or other item (including without limitation bots, viruses, worms, and Trojan horses) that interferes (or attempts to interfere) with the operation or integrity of the Service, nor any content that is unlawful, infringing, defamatory, deceptive, obscene fraudulent, harassing, pornographic, or abusive; (f) use the Service to design or develop any competing product or service that competes with the Service; (g) use the Service for any unlawful or fraudulent purpose, to breach this Agreement, or infringe or misappropriate any third party intellectual property, privacy, or publicity right; (h) take any action that imposes or may impose, as determined in Genio’s sole discretion, a disproportionately large load of incoming requests on the Service infrastructure; (i) violate or abuse password protections governing access to the Service; (j) use or direct the Service to interact with IPs or devices for which Customer is not expressly authorized to do so; or (k) use the Service directly or indirectly to initiate, propagate, participate, direct or attempt any attack, hack, or send bandwidth saturation, malicious or potentially damaging network messages to any device.

5. CUSTOMER CONTENT

As between Customer and Genio, Customer is solely responsible and liable for (and agrees to hold harmless and release Genio and all Genio Affiliates from liability arising out of or in connection with) all Customer Content, Genio’s processing of Customer Content, all use of Customer Content (including without limitation use by others), as well as the consequences of inputting, uploading, or transmitting Customer Content (including without limitation, obtaining any licenses, permissions, consents, approvals, and authorizations from individuals appearing therein).

You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these Terms. You may modify or remove your Content via your Genio Account or by terminating your Genio Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Genio’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Genio, its affiliates or its customers or other persons to harm or liability of any nature.

Customer is prohibited from entering any payment information (e.g. cardholder data) into any form or data entry fields in the Service, except into those fields intended solely for that purpose (i.e. where the Service explicitly requests such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. For clarity, it is not permissible to store cardholder data infields with labels such as ‘memo’ or ‘note’. Similarly, excluding payment forms, Customer must never enter CVV2 data into any fields in the Service. Customer assumes all responsibility for any cardholder data entered into the Service in violation of this Agreement.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Genio may also monitor such Content to detect and prevent fraudulent activity or violations of Genio’s Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

6. Fees, Payment Method and Processing.

To the extent applicable, Subscriber agrees to pay all fees stated in the Subscription Form (“Fees”), and in accordance with the Service’s applicable billing cycle (“Billing Cycle”) and other payment terms.

Unless expressly stated otherwise in the Subscription Form:
(a) all Fees are stated, and are to be paid, in US Dollars in accordance with Section Payment Method and Processing below;
(b) all Fees are payable in advance;
(c) all payments under this Agreement are non-refundable, and are without any right of set-off or cancellation; and
(d) any amount not paid when due will accrue interest on a daily basis until paid in full, at the lesser of the rate of one and a half percent (1.5%) per month and the highest amount permitted by applicable Law.

Amounts payable under this Agreement are exclusive of all applicable sales, use, consumption, VAT, GST, and other taxes, duties or governmental charges, except for taxes based upon Genio’s net income. In the event that Subscriber is required by any Law applicable to it to withhold or deduct taxes for any payment under this Agreement, then the amounts due to Genio shall be increased by the amount necessary so that Genio receives and retains, free from liability for any deduction or withholding, an amount equal to the amount it would have received had Subscriber not made any such withholding or deduction.

Payment Method and Processing.

Currently, Genio only accepts payments via Stripe (https://stripe.com).
Subscriber shall provide Genio accurate and complete billing information, and agrees to promptly notify Genio of any changes to the Subscriber’s billing information. Subscriber authorizes Genio (either directly or through third parties) to request and collect payment (and otherwise charge, refund or take any other billing actions) from Subscriber on a recurring basis, including without limitation via Genio’s payment provider, and to make any inquiries Genio deems necessary to validate Subscriber’s designated payment account or financial information, in order to ensure prompt payment. Payment of Fees may be processed through a third party payment providing service (which will receive and process Subscriber’s billing information), and additional terms may apply to such payments.

7. Secure payment

The payment for the Services is done exclusively by the means of payment made available on the Website.

The selected payment method is debited upon receipt of the order and subject to the prior authorization of the competent payment service provider. In the absence of authorization, the order will not be processed.

The payment solutions available on this Website are managed by our partners, who provide a secure acquisition of payments over the Internet.

The integrity of the data exchanged is ensured by the procedure of exchange and sealing of the messages by the use of SSL and SET technologies.

8. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Genio Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Genio and provide all information requested by Genio to remediate the breach. Any assistance provided by Genio in relation to a security breach does not in any way operate as acceptance or acknowledgement that Genio is in any way responsible or liable to you or any other party in connection with such breach.

In the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Genio Account subject to dispute) will be final and binding on all parties.

9. MUTUAL CONFIDENTIALITY

Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Genio’s Confidential Information includes without limitation the Service (including without limitation the Service user interface design and layout, and pricing information).
Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.
Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order.

10. Modification and Termination

We may terminate these Terms or any Additional Terms, or suspend or terminate your Genio Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your Genio Account. You may also terminate the Terms and Additional Terms applicable to your Genio Account by deactivating your Genio Account at any time.

If these Terms or your Genio Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data.

11. Ownership

We reserve all rights not expressly granted to you in these Terms. The Services are protected by copyright, trademark, patent and other laws of the United States and other countries. We own all rights, title, and interest, in and to the Services and all copies of the Services. These Terms do not grant you any rights to our trademarks or service marks.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

12. Limitations of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GENIO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, GENIO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL GENIO BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR GENIO ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GENIO IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GENIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

13. No Warranties

THE USE OF “GENIO” IN THIS SECTION AND SECTION 12 MEANS GENIO, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, GENIO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

GENIO DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSE.

Genio does not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party. Genio does not have control of, or liability for, goods or services that are paid for using the Services.

14. INDEMNIFICATION

Customer agrees to defend, indemnify and hold harmless Genio, its affiliates, and its respective officers, directors, employees and agents, and subcontractors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Customer’s use of, or inability to use, the Services; (ii) Customer’s violation of this Agreement; and (iii) Customer’s violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing Customer’s obligations under this Section, Genio reserves the right (at Customer’s expense), but is not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by Customer if Customer chooses not to defend or settle it. Customer agrees not to settle any matter subject to an indemnification by Customer without first obtaining Genio’s express written approval.

15. PRIVACY

Customer hereby warrants and represents that it will (i) provide all appropriate notices, (ii) obtain all required informed consents and/or have any and all ongoing legal bases, and (iii) comply at all times with any and all applicable privacy and data protection laws and regulations, for allowing Genio to use and process the data in accordance with this Agreement (including, without limitation, the provision of such data to Genio (or access thereto) and the transfer of such data by Genio to its Affiliates, subsidiaries and subcontractors), for the provision of the Services and the performance of this Agreement. In the event Customer fails to comply with any data protection or privacy law or regulation then: (a) to the maximum extent permitted by Law, Customer shall be solely and fully responsible and liable for any such breach, violation or infringement; and (b) in the event of any claim of any kind related to any such breach, violation or infringement, Customer shall defend, hold harmless and indemnify Genio and Genio’s Affiliates (including, without limitation, their employees, officers, directors, subcontractors and agents) from and against any and all losses, penalties, fines, damages, liabilities, settlements, costs and expenses, including reasonable attorneys’ fees.

16. Third Party Products

All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. GENIO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

Customer acknowledges that such Third Party Software and Third Party Services are completely independent of the Service and Genio has no control over them. Genio disclaims all liability in respect of Customer’s use, ability or inability to use them or any of the content of such services. Genio may in its sole discretion and without notice to Customer, discontinue such services which could delay or adversely affect the Services performed by Genio. The Third Party Software and Third Party Services are provided “As-Is” without any warranty of any kind, and subject to the license terms attached to such Third Party Software or Third Party Services, the provisions of this Agreement shall apply to all such Third Party Software providers and Third Party Service providers, and Third Party Software and Third Party Services as if they were Genio and the Service respectively. Genio is not obligated to review the information provided by Customer for any purpose, including but not limited to accuracy. It is entirely Customer’s responsibility to ensure the accuracy, completeness and timeliness of any information provided to Genio or to any Third Party Service providers in connection with any of the Services.
17. GOVERNING LAW, JURISDICTION AND VENUE.

These Terms shall be governed by the laws of the State of Delaware, without reference to its conflict of laws rules. The exclusive jurisdiction and venue for all disputes hereunder shall be the courts located in Delaware, and each party hereby irrevocably consents to the jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms. Customer agrees that any claim it may have against Genio must be brought individually and Customer shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against Genio. Each party irrevocably waives its right to trial of any issue by jury. Except to seek equitable relief, or to otherwise protect or enforce a party’s intellectual property rights or confidentiality obligations, no action, regardless of form, under this agreement may be brought by either party more than one (1) year after termination of the agreement.

If you are a “Business” as defined by the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq., (“CCPA”) then this provision 27 applies to you. For purposes of this Section 28, “process”, “sell”, and “business purpose(s)” have the meaning ascribed to them by the CCPA.

18. NO LEGAL ADVICE.

Genio does not provide professional accounting services, legal services legal opinions, recommendations, referrals, and/or counseling, and the Services do not constitute legal advice under any jurisdiction. Customer’s use of and reliance upon the services is entirely at Customer’s sole discretion and risk.Genio is not involved in agreements between Customer and other parties. GENIO, ITS AFFILIATES AND/OR SUBCONTRACTORS MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE INFORMATION PROVIDED BY IT OR BY THIRD PARTIES IN CONNECTION WITH THE SERVICES PERFORMED BY GENIO HEREUNDER. GENIO, ITS AFFILIATES AND/OR SUBCONTRACTORS ALSO DISCLAIM ANY RESPONSIBILITY FOR ANY INFORMATION OR REPRESENTATIONS, MADE OR PROVIDED BY CUSTOMER. GENIO, ITS AFFILIATES ANDSUB CONTRACTORS DO NOT INTEND NOR REPRESENT THE PROVISION OF LEGAL ADVICE THROUGH ANY OF ITS SERVICES, WORK OR DOCUMENTATION. CUSTOMER IS ADVISED TO CONSULT SEPARATELY WITH LEGAL ADVISORS, AS CUSTOMER SEES FIT.

19. OTHER TERMS.

19.1 Entire Agreement and Changes. This agreement and the order constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. No modification of this agreement is effective unless both parties sign it, and no waiver is effective unless the party waiving the right signs a waiver in writing.

19.2 Assignment. Genio may assign this Agreement (or any of its rights and/or obligations hereunder) without Customer’s consent, and without notice or obligation to Customer. This Agreement is personal to Customer, and Customer shall not assign (or in any other way transfer) this Agreement (or any of its obligations or rights hereunder) without Genio’s express prior written consent. Any prohibited assignment shall be null and void.

19.3 Genio Affiliates. At Genio’s sole discretion, any Genio obligation hereunder may be performed (in whole or in part), and any Genio right or remedy may be exercised (in whole or in part), by an Genio Affiliate. Without limiting the generality of the foregoing, Genio may assign its right to invoice and receive payments under this Agreement to a Genio Affiliate.

19.4 Intellectual Property. “Genio”, and all logos related to Genio, are either trademarks or registered trademarks of Genio or its licensors. You may not copy, imitate or use them without Genio’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Genio. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Genio website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of Genio and its licensors.

19.5 Force Majeure. Neither Genio nor the Genio`s partners shall be liable for any issues or delayed performance caused by circumstances beyond Genio’s or Genio`s partners reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, service provider failures or delays.

19.6 Severability. If any provision of this Agreement is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

19.7 Relationship. The relationship of the parties is solely that of independent contractors. Nothing in this Agreement shall be deemed to create any employment, fiduciary, joint venture, agency or other relationship between the parties.

19.8 Notices. Customer agrees that Genio may send Customer notices by email, via Customer’s Account, by regular mail, and/or via postings on or through the functionality of the Service. Except as stated otherwise in this Agreement or required by Law applicable to Customer, Customer agrees to send all notices to Genio, to [email protected]

20. How to contact us.

Unless otherwise stated in this Agreement, notices, inquiries, and requests to Genio should be emailed to [email protected]. Please note that email communications sent to Genio for Account-related matters (e.g., late fee reimbursements, refund requests, etc.) must come from the email address listed in your Account. Account-related communications initiated via other channels may require identity verification in order to obtain information or change settings.