These Terms and Conditions (“Terms”) govern your use of the Genius Cue website (https://geniuscue.com/) and all related services, products, and content (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.
1. Definitions and Acceptance of Terms
a. “Company,” “We,” “Us,” “Our”: Refers to [Insert Full Legal Company Name].
b. “User,” “You,” “Your”: Refers to the individual or entity accessing the Service.
c. Acceptance: By using our Service, you confirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
2. Services Provided
Genius Cue provides a credit-based Prompt Generation Tool and related resources designed to assist users in content creation. We reserve the right to modify, suspend, or discontinue any feature or content of the Service at any time without prior notice.
3. User Accounts and Security
a. Account Requirement: You must register an account to access the Service. You agree to provide accurate, complete, and current registration information.
b. Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.
c. You must notify us immediately of any unauthorised use of your password or account.
4. Fees, Credits, and Pay-As-You-Go Model
a. Usage Requirement: To utilise the prompt generation tool or other credit-based features, you must be logged into your account and possess a minimum balance of one (1) credit.
b. Credit Purchase: The Service operates on a Pay-As-You-Go model. Credits are purchased manually via the website.
c. No Auto-Renewal: There is no automatic billing or recurring subscription. Users must manually recharge their credit balance as needed.
d. Credit Expiration: [OPTIONAL: Insert Policy Regarding Credit Expiration, e.g., “Credits purchased do not expire” OR “Credits expire 12 months after the purchase date.”]
e. Usage Fees: The use of specific tools or prompts will deduct a defined number of credits from your balance, as specified on the Service interface at the time of use.
f. Non-Refundable: Purchased credits are generally non-refundable, except as explicitly stated in our Refund Policy (Section 7).
5. Intellectual Property Rights
a. Our Content: All content on the Service, including text, graphics, logos, software, and underlying code, is the exclusive property of Genius Cue or its licencors and is protected by copyright and intellectual property laws.
b. User-Generated Content (UGC): You retain ownership of all intellectual property rights in the input (prompts) you submit and the output (generated content) you create through the Service. You grant Genius Cue a limited, non-exclusive, worldwide, royalty-free license to use, display, and process your inputs solely for the purpose of operating, improving, and providing the Service to you.
6. Prohibited Uses
You agree not to use the Service:
a. For any illegal purpose or in violation of any local, state, national, or international law.
b. To violate the intellectual property rights of others.
c. To upload or transmit viruses, worms, or any other destructive or disruptive code.
d. To engage in unauthorised commercial activity, such as spamming.
e. Excessive Usage: To scrape, harvest, or utilise automated means (bots, excessive rapid calls) to access, query, or collect data or outputs from the Service beyond normal intended use. Such activities may lead to account suspension and forfeiture of credits.
7. Refund Policy (Reference)
The specific terms governing refunds for purchased credits are detailed in the separate Refund Policy Page.
8. Disclaimers and Limitation of Liability
a. Disclaimer: The Service is provided on an “as is” and “as available” basis. We make no warranties regarding the accuracy, reliability, or availability of the Service. We disclaim all warranties, express or implied, including warranties of merchant-ability and fitness for a particular purpose.
b. Limitation of Liability: Genius Cue shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, resulting from (i) your access to or use of or inability to access or use the Service; or (ii) any content obtained from the Service.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State, e.g., Delaware] without regard to its conflict of law provisions.
10. Genius Cue Affiliate
These Affiliate Terms and Conditions (AT&Cs) are incorporated into the main Terms and Conditions and govern your participation in the Genius Cue Affiliate Program.
10.1 Enrolment and Eligibility
a. We reserve the sole right to accept or reject any application for any reason.
b. You must provide accurate and complete information during registration.
10.2 Commission Structure
a. Commission Rate: Affiliates will earn a commission rate of three percent (3%) of the net revenue generated from qualifying sales (excluding taxes, fees, and refunds).
b. Qualifying Sale: A Qualifying Sale is defined as a purchase of credits made by a new customer who clicks on your unique Affiliate link. Because the customer is purchasing credits manually (Pay-As-You-Go), a commission is earned on each credit recharge made by the referred customer for the life of their Genius Cue account, provided the Affiliate remains in good standing.
10.3 Payment Terms
a. Hold Period: Commissions will be held for a minimum of 30 days following the sale to account for potential refunds or charge-backs.
b. Minimum Payout: Payments will be processed only when the accrued, verified commission balance reaches a minimum threshold of $50.00.
c. Payment Method: Commissions are paid monthly via [bank transfer or paypal] on or around the 15th of the month following the hold period.
10.4 Marketing Restrictions
a. Honest Representation: You shall not make any false, misleading, or exaggerated claims about the Service.
b. Prohibited Activities:
* Self-Referral: You cannot use your own affiliate link to purchase credits for yourself.
* PPC Bidding: You are prohibited from bidding on Genius Cue brand terms, misspellings, or variations in Pay-Per-Click (PPC) campaigns.
* Spam: You must not engage in unsolicited commercial email (spam) or unethical marketing practices.
10.5 Termination
We may terminate your participation in the program immediately if you violate any of these AT&Cs, engage in fraudulent activity, or cause reputational harm. Commissions earned through fraudulent or prohibited means will be forfeited.