Terms of Service

Geniousing Terms of Service

Effective Date: Jan 1st, 2026

Last Updated: Jan 1st, 2026

1. Introduction and Acceptance

1.1 Agreement to Terms

Welcome to Geniousing. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and [Your Company Name] ("Geniousing," "we," "us," or "our") governing your access to and use of the Geniousing platform, website, applications, and services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy, all of which are incorporated herein by reference. If you do not agree to these Terms, you may not access or use our Services.

1.2 Eligibility

To use our Services, you must: (a) be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater; (b) have the legal capacity to enter into a binding agreement; (c) not be prohibited from using the Services under applicable law; and (d) not have been previously suspended or removed from the Services.

If you are using the Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" will refer to both you individually and the entity you represent.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For significant changes, we may provide additional notice via email or in-app notification. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue using the Services.

2. Description of Services

2.1 Platform Overview

Geniousing is a comprehensive business platform that provides tools for course creation, membership management, email and SMS marketing, payment processing, customer relationship management (CRM), scheduling, video conferencing, document signing, content management, and related services. Our platform is designed for entrepreneurs, educators, agencies, coaches, consultants, and businesses seeking to build and grow their online presence.

2.2 Service Features

Our Services may include, but are not limited to:

      Learning management system for creating and selling courses

      Email and SMS marketing with automation workflows

      Payment processing and subscription management

      CRM and sales pipeline management

      Booking and calendar management

      Video conferencing and webinar hosting

      E-signature and document management

      Website and landing page builder

      Affiliate program management

      AI-powered content generation

      Print-on-demand merchandise integration

      Third-party integrations and webhooks

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including features, functionality, pricing, or availability. We will make reasonable efforts to provide advance notice of material changes that may adversely affect your use of the Services. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must create an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You may not use false or misleading information or impersonate any person or entity.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to: (a) create a strong, unique password; (b) not share your account credentials with any third party; (c) immediately notify us of any unauthorized access to or use of your account; and (d) ensure that you log out of your account at the end of each session when using shared devices.

You are solely responsible for all activities that occur under your account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Types

We may offer different account types with varying features, limitations, and pricing. The specific terms applicable to your account type will be provided at the time of registration or upgrade. Agency and white-label accounts are subject to additional terms governing multi-tenant access and client management.

4. Payment Terms and Billing

4.1 Fees and Pricing

Access to certain features of the Services requires payment of fees. All fees are stated in U.S. dollars unless otherwise specified. We reserve the right to change our pricing at any time. For subscription services, price changes will take effect at the start of your next billing cycle following notice of the change.

4.2 Billing and Payment

By providing a payment method, you authorize us to charge all fees incurred through your account to that payment method. For subscription services, you authorize recurring charges at the applicable billing interval (monthly, annually, etc.) until you cancel. You are responsible for keeping your payment information current.

4.3 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, except for taxes based on our net income. If we are required to collect or pay taxes on your behalf, such taxes will be charged to you.

4.4 Free Trials

We may offer free trials of paid services. At the end of the trial period, you will be automatically charged the applicable subscription fee unless you cancel before the trial ends. We reserve the right to limit or modify free trial offers at any time.

4.5 Refunds

Except as required by law or as explicitly stated in a specific offer, all fees are non-refundable. This includes fees charged for subscription periods, one-time purchases, and usage-based charges. If you believe you have been incorrectly charged, please contact our support team within 30 days of the charge.

4.6 Late Payment

If any payment is not received by its due date, we may: (a) suspend or terminate your access to the Services; and (b) pursue any available legal remedies to collect the amounts owed.

5. User Content and Intellectual Property

5.1 Your Content

"User Content" means any content, materials, data, or information that you upload, submit, store, transmit, or display through the Services, including but not limited to courses, videos, images, text, documents, marketing materials, customer data, and communications.

You retain all ownership rights in your User Content. By submitting User Content to the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, modify, distribute, display, and process your User Content solely for the purpose of providing, improving, and promoting the Services. This license continues even if you stop using our Services, but only to the extent necessary to complete any pending transactions or provide the Services to other users with whom you have shared content.

5.2 Content Responsibilities

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (a) you own or have the necessary rights to use and authorize us to use your User Content; (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, or other rights; (c) your User Content complies with all applicable laws and these Terms; and (d) your User Content does not contain any viruses, malware, or other harmful code.

5.3 Our Intellectual Property

The Services, including all software, designs, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and other content provided by us, are owned by Geniousing or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, lease, or create derivative works based on our intellectual property without our prior written consent.

5.4 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into our Services without any obligation to you.

5.5 DMCA and Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied and is accessible on our Services in a way that constitutes copyright infringement, please provide our designated copyright agent with a notice containing:

(a)  A physical or electronic signature of the copyright owner or authorized agent

(b)  Identification of the copyrighted work claimed to be infringed

(c)  Identification of the material claimed to be infringing and its location

(d)  Your contact information (address, telephone number, email)

(e)  A statement that you have a good faith belief that the use is not authorized

(f)   A statement under penalty of perjury that the information is accurate

Send DMCA notices here: https://www.geniousing.com/contact

6. Acceptable Use Policy

6.1 Prohibited Activities

You agree not to use the Services to:

      Violate any applicable law, regulation, or third-party rights

      Send spam, unsolicited communications, or engage in unauthorized marketing

      Transmit viruses, malware, or other malicious code

      Interfere with or disrupt the Services or servers connected to the Services

      Attempt to gain unauthorized access to any part of the Services

      Use automated systems (bots, scrapers, etc.) without our written permission

      Impersonate any person or entity or misrepresent your affiliation

      Engage in fraudulent, deceptive, or misleading practices

      Harass, abuse, threaten, or harm other users

      Post content that is defamatory, obscene, or otherwise objectionable

      Promote illegal activities or substances

      Infringe on intellectual property rights of others

      Collect personal information from other users without consent

      Use the Services for any illegal purpose or in violation of export laws

      Circumvent any rate limiting, access controls, or security measures

6.2 Email and SMS Marketing Compliance

When using our email and SMS marketing features, you agree to:

      Comply with all applicable laws, including CAN-SPAM, TCPA, GDPR, and CASL

      Only send communications to recipients who have provided valid consent

      Honor opt-out and unsubscribe requests promptly

      Include accurate sender information and physical address in communications

      Maintain accurate records of consent

      Comply with 10DLC registration requirements for SMS messaging

6.3 Enforcement

We reserve the right, but are not obligated, to monitor your use of the Services for violations of this Acceptable Use Policy. We may, in our sole discretion and without notice: (a) remove or refuse to post any User Content; (b) suspend or terminate your access to the Services; (c) report violations to law enforcement; and (d) take any other action we deem necessary to protect the Services and our users.

7. Third-Party Services and Integrations

7.1 Third-Party Integrations

The Services may integrate with or provide access to third-party services, including payment processors (Stripe, PayPal, Square, Dwolla), communication services (Twilio, AWS SES), business tools (QuickBooks, Google Calendar), print-on-demand services (Printify), and others. Your use of any third-party service is governed by that third party's terms of service and privacy policy.

7.2 Payment Processor Terms

When you use payment processing features, you are also subject to the terms of service of the applicable payment processor. You are responsible for complying with all applicable payment card industry (PCI) requirements and payment processor policies. We are not responsible for any disputes between you and payment processors or your customers regarding payments.

7.3 Disclaimer

We do not endorse, control, or assume responsibility for any third-party services. We are not liable for any loss or damage resulting from your use of third-party services, including any interruption, error, or failure of such services. Third-party services may become unavailable, change their terms, or discontinue at any time without notice to us.

8. E-Signature Services

8.1 Electronic Signature Agreement

By using our e-signature features, you agree that: (a) electronic signatures created through our Services are legally binding and enforceable to the same extent as handwritten signatures; (b) you consent to conduct business electronically; and (c) you will not contest the validity of a signature solely on the grounds that it is electronic.

8.2 Document Retention

You are responsible for maintaining your own copies of signed documents. While we provide document storage as part of our Services, you should independently retain copies of important documents. We are not responsible for the loss of documents due to account termination, service interruption, or other circumstances.

8.3 Legal Advice Disclaimer

We do not provide legal advice. Our e-signature services are tools for facilitating document signing. You should consult with a qualified attorney regarding the legal effect of any document or signature.

9. Agency and White-Label Terms

9.1 Multi-Tenant Access

If you are an agency or white-label partner using our multi-tenant features, you may create and manage accounts for your clients ("Sub-Accounts"). You are responsible for: (a) ensuring your clients comply with these Terms; (b) obtaining necessary consents from your clients; (c) all activities occurring under Sub-Accounts you manage; and (d) your clients' payment obligations if you are billing them directly.

9.2 White-Label Branding

White-label features allow you to customize the appearance of the Services with your branding. You represent that you have the right to use any branding, logos, or trademarks you apply to the Services. You may not misrepresent the origin of the Services or claim that you developed the underlying platform technology.

9.3 Client Data

Each Sub-Account operates in an isolated environment with separate data storage. You acknowledge that client data within Sub-Accounts belongs to your clients, and you will handle such data in accordance with applicable privacy laws and your agreements with your clients.

10. Disclaimers

10.1 "As Is" Basis

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.2 No Professional Advice

The Services, including any AI-generated content, do not constitute legal, financial, tax, medical, or other professional advice. You should consult with qualified professionals before making decisions based on information obtained through the Services.

10.3 AI-Generated Content

AI-powered features may produce content that is inaccurate, incomplete, or unsuitable for your purposes. You are solely responsible for reviewing, editing, and verifying any AI-generated content before use. We do not guarantee the accuracy, quality, or appropriateness of AI-generated content.

10.4 Beta Features

We may offer beta or experimental features that are still in development. These features are provided for testing purposes only and may be modified, suspended, or discontinued at any time without notice. Beta features are provided "as is" with all faults and without any warranty.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENIOUSING, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11.3 Basis of the Bargain

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.

12. Indemnification

You agree to indemnify, defend, and hold harmless Geniousing, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (e) your violation of any applicable law; (f) any claims by your customers or end users; and (g) any dispute between you and a third party.

13. Termination

13.1 Termination by You

You may terminate your account at any time by following the cancellation process in your account settings or by contacting us. Termination does not entitle you to any refund of prepaid fees. You remain responsible for all fees incurred prior to termination.

13.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to: (a) violation of these Terms; (b) non-payment of fees; (c) fraudulent or illegal activity; (d) extended periods of inactivity; or (e) requests by law enforcement.

13.3 Effect of Termination

Upon termination: (a) your right to use the Services immediately ceases; (b) we may delete your account and User Content after a reasonable period; (c) any outstanding fees become immediately due; and (d) provisions that by their nature should survive termination will survive, including Sections 5 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), and 15 (General Provisions).

13.4 Data Export

We recommend that you export your data before terminating your account. We may provide data export tools, but we are not obligated to retain your data after account termination. Once your account is deleted, your data may not be recoverable.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at [SUPPORT EMAIL] to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days of receiving notice.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Geniousing agree to resolve any disputes through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in [CITY, STATE], unless we agree otherwise. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND GENIOUSING AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15. General Provisions

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in [COUNTY], [STATE].

15.2 Entire Agreement

These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Geniousing regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

15.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Geniousing.

15.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may freely assign these Terms and our rights and obligations hereunder in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

15.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.7 Notices

We may provide notices to you via email, posting on the Services, or other reasonable means. You agree that electronic notices satisfy any legal requirement for written notice. Notices to us must be sent to [LEGAL NOTICE EMAIL/ADDRESS].

15.8 Independent Contractors

You and Geniousing are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between us.

15.9 Export Compliance

You agree to comply with all applicable export laws and regulations, including U.S. export controls. You may not use or export the Services in violation of such laws or to any prohibited country, entity, or person.

15.10 Government Users

If you are a U.S. government entity, the Services are provided as "commercial items" as defined in 48 C.F.R. 2.101, and government users are subject to these Terms and any applicable agency-specific supplement.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Geniousing

Contact: https://www.geniousing.com/contact

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By using Geniousing, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.