Terms of Service
**Terms of Service for AppGenius**
_Last Updated: February 25, 2024
**1. Agreement to Terms**
1.1 These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and AppGenius ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://appgeni.us website ("Site") as well as any related applications (the "Service").
1.2 By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
**2. Intellectual Property Rights**
2.1 The Service and its original content, features, and functionality are and will remain the exclusive property of AppGenius and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and Canada.
2.2 Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AppGenius.
**3. User Representations**
3.1 By using the Site, you represent and warrant that:
(a) you have the legal capacity and you agree to comply with these Terms;
(b) you are not under the age of 13;
(c) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
(d) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(e) you will not use the Site for any illegal or unauthorized purpose.
**4. User Registration**
4.1 You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.
**5. Prohibited Activities**
5.1 You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
**6. Payments and Billing**
6.1 We process payments through invoicing customers once work is complete. By agreeing to these Terms, you agree to pay all charges at the prices then in effect for your use of the Service and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon completion of the service.
6.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
**7. Third-Party Services**
7.1 The Site may contain links to third-party websites and services. Such Third-Party Services are not under the control of AppGenius, and AppGenius is not responsible for any Third-Party Services.
**8. Advertisements**
8.1 AppGenius may display advertisements from third parties on the Site, such as banner advertisements and sponsored links. We are not responsible for the content or accuracy of any advertisement.
**9. Site Management**
9.1 AppGenius reserves the right, but not the obligation, to:
(a) monitor the Site for violations of these Terms;
(b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms;
(c) manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
**10. Modifications and Interruptions**
10.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.
**11. Governing Law**
11.1 These Terms shall be governed and construed in accordance with the laws of the United States and Canada, without regard to its conflict of law provisions.
**12. Dispute Resolution**
12.1 Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state or federal courts located in [Insert Jurisdiction], and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
**13. Corrections**
13.1 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
**14. Disclaimer**
14.1 Youruse of the Site and the Service are at your sole risk. The Site and the Service are provided on an "AS IS" and "AS AVAILABLE" basis. The Company disclaims all 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.
**15. Limitation of Liability**
15.1 AppGenius, its affiliates, directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
15.2 In no event shall AppGenius, nor its directors, employees, partners, agents, suppliers, or affiliates, 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 access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) 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.
**16. Indemnification**
16.1 You agree to defend, indemnify and hold harmless AppGenius and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, or (b) a breach of these Terms.
**17. Data Protection**
17.1 We are committed to protecting your personal information and respecting your privacy. Please visit our Privacy Policy, which also governs your use of the Site, to understand our practices.
**18. Changes to Terms**
18.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
**19. Contact Information**
19.1 If you have any questions about these Terms, please contact us at [Insert Contact Information].
**20. Entire Agreement**
20.1 These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
**Acknowledgement**
BY USING OUR SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.