Terms and conditions

Last updated Sept 01, 2024

AGREEMENT TO OUR TERMS

Welcome to BNB GENIUS, Inc., operating under the name BNBGENIUS (“Company,” “we,” “us,” or “our”). We manage the website https://www.bnbgenius.ai (the “Site”) and other related products and services that link to these terms (collectively, the “Services”).

 

 

BNBGENIUS leverages location and property information to generate accurate, relevant responses to guest inquiries. Our platform is customizable, enabling automation of routine messages while highlighting important ones for your attention.

 

 

You may contact us at (+1) 646 434 1034, by email at hello@bnbgenius.ai, or by mail at 

 

 

1401 Lavaca Street Unit #7123

Austin, TX 78701

United States.

 

 

By accessing or using the Services, you (“you”) agree to these legal terms (“Legal Terms”). If you do not accept these Legal Terms in full, you are prohibited from using our Services and must stop immediately.

 

 

We may update these Legal Terms from time to time at our discretion. Changes will be reflected by updating the “Last updated” date. It is your responsibility to review these terms periodically. Your continued use of the Services after changes are posted constitutes your acceptance of the revised terms.

 

 

The Services are for users aged 18 and over. Users under 18 are not permitted to access or register for the Services.

 

 

We recommend that you keep a copy of these Legal Terms for future reference.

 

 

TABLE OF CONTENTS

 

 

1. Overview of Our Services  

2. Intellectual Property and Ownership  

3. User Responsibilities and Representations  

4. Account Registration and Security  

5. Purchases and Payment Methods  

6. Subscription Plans and Billing  

7. Prohibited Actions and Activities  

8. User Contributions and Content  

9. License for User Contributions  

10. Review Guidelines and Standards  

11. Management and Oversight of Services  

12. Privacy Policy Overview  

13. Reporting Copyright Infringements  

14. Terms for Service Termination  

15. Service Modifications and Downtime  

16. Applicable Law and Jurisdiction  

17. Dispute Resolution and Arbitration  

18. Corrections to Information  

19. Legal Disclaimers  

20. Limitation of Liability  

21. Indemnification Obligations  

22. Handling of User Data  

23. Electronic Transactions and Signatures  

24. SMS Text Messaging Policy  

25. California Consumer Rights  

26. Miscellaneous Provisions  

27. Free Trial and Refund Policy  

28. How to Contact Us

 

 

1. OUR SERVICES

 

 

The information and content provided through our Services are not intended for distribution or use in any jurisdiction or country where such actions would be illegal or require us to register within that jurisdiction. If you access the Services from outside permissible regions, you do so at your own risk and are solely responsible for complying with applicable local laws.

 

Our Services are not designed to meet industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your activities fall under such regulations, you are not permitted to use the Services. Additionally, the Services may not be used in a manner that violates the Gramm-Leach-Bliley Act (GLBA).

 

 

2. INTELLECTUAL PROPERTY RIGHTS

 

 

Our Intellectual Property

 

 

We either own or have the appropriate licenses for all intellectual property related to our Services. This includes, but is not limited to, source code, databases, software, website designs, text, images, audio, and videos (collectively, the “Content”), as well as any trademarks, service marks, and logos used within the Services (the “Marks”).

 

 

Our Content and Marks are protected under copyright, trademark laws, and other intellectual property regulations globally. The Content and Marks are provided “AS IS” for your internal business use only.

 

 

Your Use of Our Services

 

 

We grant you a non-exclusive, non-transferable, revocable license to:

 

Access the Services, and Download or print any Content to which you have properly obtained access, exclusively for your internal business purposes, subject to compliance with these Legal Terms and the “Prohibited Activities” section.

You may not copy, reproduce, distribute, publicly display, or exploit any part of the Services, Content, or Marks for commercial purposes without our express written permission. Requests for permission should be directed to hello@bnbgenius.ai. If permission is granted, proper attribution to us as the owners or licensors must be included.

 

 

We reserve all rights not explicitly granted in these Legal Terms. Violating these intellectual property rights will result in immediate termination of your right to use the Services.

 

 

Your Submissions and Contributions

 

 

Please carefully review the following information regarding your rights and responsibilities when submitting or posting content through the Services.

 

Submissions: When you send us questions, comments, suggestions, or feedback (“Submissions”), you assign all intellectual property rights in those Submissions to us. We have the right to use these Submissions for any lawful purpose without acknowledgment or compensation to you.

 

 

Contributions: The Services may allow you to post or submit content (“Contributions”), such as text, images, or other materials. Contributions may be visible to other users. By posting Contributions, you grant us an irrevocable, unlimited, transferable, royalty-free, worldwide license to use, reproduce, distribute, publicly display, and otherwise exploit these Contributions for any purpose, including commercial or advertising uses.

 

This license includes the right to use your name, trademarks, and other personal information provided within the Contributions.

 

 

Responsibility for Your Content

 

 

You are responsible for ensuring that your Submissions and Contributions do not violate any laws or third-party rights. You agree not to post any content that is illegal, harassing, defamatory, misleading, or otherwise harmful. You must have the necessary rights to share any content, and by submitting it, you confirm that it is not confidential.

 

We reserve the right to remove or edit any Contributions at our discretion and may suspend or disable your account if necessary.

 

 

Copyright Infringement

 

 

We respect the intellectual property rights of others. If you believe that any material available through the Services infringes on your copyright, please refer to the “Copyright Infringements” section for details on how to proceed.

 

 

3. USER REPRESENTATIONS

 

 

By using our Services, you confirm and agree to the following:

 

1- The registration information you provide will be true, accurate, current, and complete.

2- You will maintain and promptly update your registration information to keep it accurate and current.

3- You have the legal capacity to enter into this agreement and comply with these Legal Terms.

4- You are not a minor in your jurisdiction of residence.

5- You will not access the Services using automated or non-human methods, such as bots or scripts.

6- You will not use the Services for any illegal or unauthorized purposes.

7- Your use of the Services will comply with all applicable laws and regulations.

 

 

If any of the information you provide is found to be false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and restrict any current or future use of the Services.

 

 

4. USER REGISTRATION

 

 

To access certain features of the Services, you may need to create an account. You agree to keep your password secure and confidential, and you are responsible for all activities that occur under your account. We reserve the right, at our sole discretion, to remove, reclaim, or modify any username if we find it inappropriate, offensive, or otherwise objectionable.

 

 

5. PURCHASES AND PAYMENT

 

 

We accept the following payment methods:

 

Visa

Mastercard

American Express

Discover

 

 

You agree to provide accurate, complete, and up-to-date payment and account information for all transactions made through the Services. This includes promptly updating your email address, payment method, and payment card details (such as expiration dates) to ensure successful transaction processing and communication. Sales tax will be added where applicable. Prices may change at any time. All payments will be made in United States Dollars.

 

 

You agree to pay all charges at the current rates for your purchases, including any applicable shipping fees. By placing an order, you authorize us to charge your selected payment method for the total amount. We reserve the right to correct any pricing errors, even after payment has been requested or received.

 

 

We may refuse or limit orders at our discretion. This includes limiting quantities per person, household, or order, based on factors such as account or payment method, and billing or shipping address. We also reserve the right to restrict orders that, in our judgment, appear to be from resellers, dealers, or distributors.

 

 

6. SUBSCRIPTIONS

 

 

Billing and Renewal

 

Your subscription will automatically renew each month unless you cancel it. By subscribing, you authorize us to charge your payment method on a recurring basis without needing further approval for each charge, until you choose to cancel. The billing cycle is monthly.

 

 

Free Trial

 

New users are eligible for a 30-day free trial upon registration. After the trial period ends, your account will be charged based on the subscription plan you selected.

 

 

Cancellation

 

All purchases are non-refundable. You can cancel your subscription anytime by logging into your account. Your cancellation will take effect at the end of the current billing cycle. If you have any questions or concerns, please contact us at hello@bnbgenius.ai.

 

 

Fee Changes

 

We may adjust subscription fees periodically and will notify you of any changes in accordance with applicable laws.

 

 

7. PROHIBITED ACTIVITIES

 

 

You are only permitted to use the Services for the purposes we provide. Any commercial use of the Services is strictly limited to those we specifically endorse or approve.

 

 

As a user, you agree not to:

 

– Collect data or content from the Services to create a compilation, database, or directory without our written permission.

– Trick, defraud, or mislead us or other users, especially in attempts to obtain sensitive information like passwords.

– Circumvent, disable, or interfere with security measures on the Services, including those that limit copying or access to the Content.

– Disparage, tarnish, or harm us or the Services in any way, in our opinion.

– Use information from the Services to harass, abuse, or harm others.

– Misuse our support services or submit false reports of abuse or misconduct.

– Use the Services in violation of any laws or regulations.

– Engage in unauthorized framing or linking to the Services.

– Upload or transmit harmful materials, such as viruses, excessive capital letters, or spam, that disrupt or interfere with the functionality of the Services.

– Use automated tools like scripts, robots, or data extraction methods to interact with the system.

– Remove any copyright or proprietary notices from the Content.

– Impersonate another user or use someone else’s username.

– Upload or transmit any material designed to collect information passively (e.g., gifs, web bugs, cookies, spyware).

– Interfere with or create an undue burden on the Services or related networks.

– Harass, intimidate, or threaten our employees or agents providing the Services.

– Bypass measures put in place to restrict or prevent access to any part of the Services.

– Copy or modify the software used in the Services.

– Decompile, disassemble, or reverse-engineer the software, except as allowed by law.

– Launch or distribute any automated systems, like spiders, bots, or scrapers, to access the Services, unless part of standard search engine or browser use.

– Use agents to make purchases on the Services.

– Make unauthorized use of the Services, including collecting user information to send unsolicited emails or creating fake accounts.

– Use the Services for any activities that compete with us or for any revenue-generating endeavors without authorization.

 

 

8. USER GENERATED CONTRIBUTIONS

 

 

Our Services may allow you to participate in chats, blogs, message boards, online forums, or other interactive features, giving you the opportunity to create, submit, post, display, or share content such as text, images, videos, audio, comments, suggestions, or personal information (collectively, “Contributions”). These Contributions may be visible to other users of the Services and third-party websites. By submitting Contributions, you agree that they may be treated as non-confidential and non-proprietary. When you provide any Contributions, you represent and warrant that:

 

 

– Your Contributions do not and will not infringe upon any third-party rights, including copyright, patent, trademark, trade secret, or moral rights.

– You own or have the necessary licenses, rights, consents, and permissions to use and authorize us and other users to use your Contributions as described in the Services and these Legal Terms.

– You have obtained written consent, release, and permission from any identifiable individual in your Contributions to use their name or likeness in accordance with these Legal Terms.

– Your Contributions are accurate and not misleading.

– Your Contributions are not unsolicited advertisements, promotional content, pyramid schemes, chain letters, spam, or other forms of solicitation.

– Your Contributions are not obscene, offensive, violent, harassing, defamatory, or otherwise objectionable, as determined by us.

– Your Contributions do not ridicule, mock, or abuse anyone.

– Your Contributions do not harass or threaten others, nor incite violence against any person or group.

– Your Contributions comply with all applicable laws and regulations.

– Your Contributions do not violate anyone’s privacy or publicity rights.

– Your Contributions do not involve child pornography or content meant to harm minors.

– Your Contributions do not include offensive remarks based on race, national origin, gender, sexual orientation, or physical disability.

– Your Contributions do not violate these Legal Terms or any applicable laws.

 

Any violation of these guidelines may result in the suspension or termination of your rights to use the Services.

 

 

9. CONTRIBUTION LICENSE

 

 

By posting your Contributions on any part of the Services, you grant us a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, host, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, publicly perform, publicly display, reformat, translate, transmit, and distribute your Contributions (including your image and voice) for any purpose, including commercial or advertising. This license also allows us to create derivative works or incorporate your Contributions into other works, and to sublicense these rights. These uses may occur in any media or format now known or developed in the future.

 

 

This license includes the right to use your name, company name, franchise name, trademarks, service marks, trade names, logos, and any personal or commercial images you provide. You also waive any moral rights to your Contributions and confirm that no moral rights have been asserted.

 

 

You retain full ownership of your Contributions and any intellectual property rights associated with them. We do not claim ownership of your Contributions and are not responsible for any statements or representations you make within them. You are solely responsible for your Contributions and agree not to hold us liable for any legal claims related to them.

 

 

We reserve the right, at our sole discretion, to (1) edit, modify, or change any Contributions; (2) categorize them appropriately within the Services; and (3) pre-screen or delete any Contributions at any time without notice. However, we are under no obligation to monitor or review your Contributions.

 

 

10. GUIDELINES FOR REVIEWS

 

 

We may offer spaces on the Services for you to leave reviews or ratings. When posting a review, you agree to the following guidelines: 

 

 

1. You must have firsthand experience with the person or entity you are reviewing.

2. Your reviews must not include offensive language, profanity, or any abusive, racist, hateful, or discriminatory remarks.

3. Reviews should not make discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.

4. Your reviews should not reference illegal activities.

5. You must not be affiliated with competitors if posting negative reviews.

6. You should not make any legal conclusions about conduct.

7. Your reviews must be truthful and not misleading.

8. You may not organize or encourage others to post reviews, whether positive or negative.

 

 

We reserve the right to accept, reject, or remove reviews at our discretion. We have no obligation to monitor or delete reviews, even if they are considered objectionable or inaccurate. Reviews do not reflect our opinions or those of our affiliates, and we are not responsible for any review or related claims, liabilities, or losses. 

 

 

By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, translate, transmit, display, perform, and distribute the content of your review in any form or medium.

 

 

**11. SERVICES MANAGEMENT**

 

 

We reserve the right, but are not obligated, to:

 

1. Monitor the Services for any violations of these Legal Terms.

2. Take appropriate legal action, at our discretion, against anyone who violates the law or these Legal Terms, including reporting such individuals to law enforcement.

3. Restrict access to, limit availability, or disable any of your Contributions, or portions thereof, at our discretion and without notice or liability.

4. Remove or disable files and content that are excessively large or place undue burden on our systems, at our discretion and without notice or liability.

5. Manage the Services to protect our rights and property and ensure the proper functionality of the Services.

 

 

12. PRIVACY POLICY

 

 

We prioritize your data privacy and security. Please review our Privacy Policy at https://bnbgenius.ai/privacy-policy/. By using our Services, you agree to be bound by the Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States, so if you access the Services from outside the U.S., you consent to the transfer and processing of your data in the United States, even if local data laws differ from those in the U.S.

 

 

13. COPYRIGHT INFRINGEMENTS

 

 

We respect the intellectual property rights of others. If you believe that any content on the Services infringes your copyright, please notify us using the contact details below (a “Notification”). A copy of your Notification will be provided to the person who posted the material. Be aware that under applicable law, you may be liable for damages if your Notification contains false claims. If unsure, we recommend consulting with an attorney before submitting a claim.

 

 

14. TERM AND TERMINATION

 

 

These Legal Terms remain effective as long as you use the Services. Without limiting any other provision, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking specific IP addresses) to anyone for any reason or no reason, including violations of these Legal Terms or applicable laws. We may terminate your use or delete your account and any related content at any time without warning.

 

 

If your account is terminated or suspended, you are prohibited from creating a new account under your name, a fake name, or a third party’s name. We also reserve the right to take legal action, including civil, criminal, and injunctive measures, if necessary.

 

 

15. MODIFICATIONS AND INTERRUPTIONS

 

 

We reserve the right to modify, change, or remove any content from the Services at any time, for any reason, and at our sole discretion, without notice. We are not obligated to update the information on our Services and will not be held liable for any modifications, price changes, suspensions, or discontinuations of the Services.

 

 

We cannot guarantee continuous availability of the Services. From time to time, we may encounter hardware or software issues, or need to perform maintenance, leading to interruptions, delays, or errors. We reserve the right to modify, suspend, or discontinue the Services at any time without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access the Services during any outages or interruptions. These Legal Terms do not require us to maintain, support, or provide any updates or corrections to the Services.

 

 

16. GOVERNING LAW

 

 

These Legal Terms and your use of the Services are governed by the laws of the State of Wyoming, without regard to its conflict of law principles, and apply to agreements made and performed entirely within Wyoming.

 

 

**17. DISPUTE RESOLUTION**

 

 

**Binding Arbitration**

 

 

If we are unable to resolve a dispute through informal negotiations, the dispute (excluding those expressly excluded below) will be resolved through binding arbitration. **BY AGREEING TO THIS, YOU WAIVE YOUR RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.** The arbitration will follow the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, if applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”). You can find these rules on the AAA website. Arbitration fees and the arbitrator’s compensation will be governed by these rules. Arbitration may take place in person, through document submission, by phone, or online. The arbitrator will issue a written decision but is not required to provide reasons unless requested by either party. The arbitrator must follow the law, and their decision can be challenged if they fail to do so. Unless the AAA rules or law require otherwise, arbitration will occur in Wyoming. Parties may still litigate in court to compel arbitration, pause court proceedings, or confirm, modify, or enter judgment on the arbitrator’s decision.

 

If a dispute proceeds to court instead of arbitration, it must be brought in the state or federal courts located in Wyoming. Both parties consent to the jurisdiction and waive any defenses related to lack of personal jurisdiction or inconvenient venue. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Legal Terms.

 

No dispute may be brought more than one (1) year after the cause of action arises. If part of this arbitration provision is found to be illegal or unenforceable, then disputes falling under that part will be resolved in court, not arbitration, in a court with proper jurisdiction.

 

 

**Restrictions**

 

 

Arbitration will be limited to the individual dispute between the parties. To the fullest extent permitted by law, (a) no arbitration will be joined with another proceeding; (b) there is no right to arbitrate disputes on a class-action basis or use class action procedures; and (c) no dispute may be brought in a representative capacity on behalf of the general public or others.

 

 

**Exceptions to Arbitration**

 

 

The following disputes are not subject to binding arbitration: (a) disputes involving intellectual property rights; (b) disputes involving allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If these exceptions are found illegal or unenforceable, disputes will be resolved by a court of competent jurisdiction, as outlined above, with both parties consenting to the jurisdiction of that court.

 

 

18. CORRECTIONS

 

 

The information provided on the Services may occasionally contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing, availability, and other details. We reserve the right to correct any such errors, inaccuracies, or omissions, and to update or change the information on the Services at any time without prior notice.

 

 

19. DISCLAIMER

 

 

The Services are provided on an “as-is” and “as-available” basis. Your use of the Services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no guarantees regarding the accuracy or completeness of the content on the Services or any linked websites or applications. We assume no responsibility for:

 

Errors or inaccuracies in the content;

Personal injury or property damage arising from your use of the Services;

Unauthorized access to or use of our servers or any personal or financial information stored within them;

Interruptions or cessation of transmission to or from the Services;

Bugs, viruses, or other harmful code transmitted through the Services by third parties; or

Errors or omissions in any content or for any loss or damage incurred as a result of using any content posted or made available via the Services.

We do not endorse or take responsibility for any product or service advertised by a third party on the Services or linked websites. Any transaction between you and third-party providers is your responsibility, and you should exercise caution and judgment in such interactions.

 

 

20. LIMITATIONS OF LIABILITY

 

 

In no event will we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including loss of profits, revenue, data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Our total liability to you for any cause of action, regardless of form, will always be limited to the amount you paid us, if any, in the three (3) months preceding the event giving rise to the claim.

 

 

Some state and international laws do not allow the limitation of implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

 

 

21. INDEMNIFICATION

 

 

You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, and all of our officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising from: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of third-party rights, including intellectual property rights; or (6) any harmful action toward another user you connected with via the Services. We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. We will make reasonable efforts to notify you of any such claim or legal proceeding.

 

 

22. USER DATA

 

 

We maintain certain data you provide to the Services to manage its performance, including data related to your use of the Services. Although we perform regular backups, you are solely responsible for the data you transmit or for activity related to your account. We are not liable for any loss or corruption of data, and you waive any right to take legal action against us arising from such loss or corruption.

 

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

By visiting the Services, sending us emails, or completing online forms, you consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND RECORDS, and consent to electronic delivery of notices, policies, and transaction records initiated or completed by us via the Services. You waive any rights or requirements for original signatures or non-electronic records under applicable laws.

 

 

24. SMS TEXT MESSAGING

 

 

Opting Out

If you wish to stop receiving SMS messages, reply to any text with “STOP.” You may receive a confirmation SMS after opting out.

 

 

Message and Data Rates

Please note that standard message and data rates may apply for any SMS messages sent or received. Rates are determined by your mobile carrier and plan.

 

 

Support

For questions or assistance with SMS communications, contact us at hello@bnbgenius.ai or call (+1) 646 434 1034

 

 

25. CALIFORNIA USERS AND RESIDENTS

 

 

If you have an unresolved complaint with us, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can reach them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.

 

 

26. MISCELLANEOUS

 

 

These Legal Terms, along with any policies or rules posted by us on the Services, constitute the complete agreement between you and us. Our failure to enforce any part of these Legal Terms does not waive our right to do so later. These Legal Terms are valid to the fullest extent permitted by law. We may assign our rights and obligations to others at any time. We are not liable for any loss, damage, or delay caused by circumstances beyond our control. If any part of these Legal Terms is found to be unlawful or unenforceable, the remaining provisions will still be valid. No joint venture, partnership, employment, or agency relationship is created between you and us through the use of the Services. These Legal Terms will not be interpreted against us simply because we drafted them. You waive any defenses related to the electronic form of these Legal Terms and the absence of physical signatures.

 

 

27. RISK-FREE TRIAL AND REFUND POLICY

 

 

If you’re not satisfied with BNBGENIUS during the initial 14-day trial period, you’re eligible for a full refund. To request a refund, contact our support team within 14 days of your purchase date. Refunds will be processed within 3 business days of your request, with no questions asked.

 

 

28. CONTACT US

 

 

For any complaints or further information about using the Services, you can contact us at:

 

 

BNBGENIUS, Inc.

1401 Lavaca Street Unit #7123

Austin, TX 78701

United States

 

Phone: (+1) 646 434 1034

Email: hello@bnbgenius.ai