Terms & Conditions

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1. Your Relationship with GenDraft

1.1 Use of GenDraft Services

Your use of GenDraft's products, software, services, and websites (collectively referred to as the "Services") is governed by the terms of a legal agreement between you and GenDraft. "GenDraft" refers to our service, with our primary business location. This document outlines the components of this agreement and its terms.

1.2 Universal Terms

Unless otherwise agreed in writing, your agreement with GenDraft includes, at a minimum, the terms and conditions set out in this document, referred to as the "Universal Terms."

1.3 Additional Terms

In addition to the Universal Terms, your agreement with GenDraft may include specific terms for certain Services ("Additional Terms"). These Additional Terms are accessible within the specific Services or through your use of them.

1.4 Binding Agreement

The Universal Terms, along with the Additional Terms, constitute a legally binding agreement between you and GenDraft concerning your use of the Services. It is crucial that you read these terms carefully. This entire legal agreement is referred to as the "Terms."

1.5 Precedence of Terms

In instances where there is a contradiction between the Additional Terms and the Universal Terms, the Additional Terms will take precedence with respect to that Service.

2. Accepting the Terms

2.1 Requirement for Acceptance

To use GenDraft's Services, you must agree to these Terms. If you do not accept the Terms, you are not permitted to use the Services.

2.2 Methods of Acceptance

You can accept the Terms by:

  • (A) Clicking to accept or agree to the Terms when this option is presented in the user interface of any Service.

  • (B) Actually using the Services, which will be considered as your acceptance of the Terms from that point onwards.

2.3 Eligibility to Accept the Terms

You may not use the Services or accept the Terms if:

  • (a) You are not of legal age to form a binding contract with GenDraft, or

  • (b) You are barred from receiving the Services under the laws of the United States, Switzerland, or other relevant countries, including the country where you reside or use the Services.

2.4 Record of Terms

You should print or save a local copy of the Universal Terms for your records.

3. Language of the Terms

3.1 Translations for Convenience

If GenDraft provides a translation of the English language version of the Terms, it is for your convenience only. The English language version governs your relationship with GenDraft.

3.2 Precedence of English Language Version

In case of any contradiction, the English language version of the Terms takes precedence over translations.

4. Provision of the Services by GenDraft

4.1 Subsidiaries and Affiliates

GenDraft, along with its subsidiaries and affiliated legal entities worldwide ("Subsidiaries and Affiliates"), may provide the Services to you. You acknowledge and agree that these entities are entitled to provide the Services.

4.2 Innovation and Changes

GenDraft is continually innovating to enhance user experience. You acknowledge and agree that the form and nature of the Services may change without prior notice.

4.3 Discontinuation or Modification of Services

GenDraft may at its discretion stop (either permanently or temporarily) providing the Services or any features within the Services to you or to users generally, without prior notice. You may cease using the Services at any time without the need to inform GenDraft.

4.4 Access to Your Account

If GenDraft disables access to your account, you may be prevented from accessing the Services, your account details, or any content contained in your account.

4.5 Limits on Use

GenDraft may impose limits on the number of transmissions or the amount of storage used for the provision of any Service, at any time, at GenDraft's discretion.

5. Use of the Services by You

5.1 Registration and Information Accuracy

To access certain GenDraft Services, you may need to provide personal information (like identification or contact details) as part of the registration process or for continued use. You agree to ensure that any registration information you provide is always accurate, correct, and up to date.

5.2 Permissible Use

You agree to use the Services only for purposes that are:

  • (a) permitted by these Terms, and

  • (b) compliant with any applicable laws, regulations, or generally accepted practices or guidelines in the relevant jurisdictions (including laws regarding the export of data or software to and from the United States, Switzerland, or other relevant countries).

5.3 Accessing the Services

You agree not to access (or attempt to access) the Services by any means other than the interface provided by GenDraft, unless specifically authorized through a separate agreement with GenDraft.

5.4 Non-interference with the Services

You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services.

5.5 Restrictions on Use

Unless specifically permitted in a separate agreement with GenDraft, you agree not to reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

5.6 Responsibility for Breaches

You are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach, including any loss or damage GenDraft might suffer.

6. Your Passwords and Account Security

6.1 Confidentiality of Passwords

You acknowledge that you are responsible for maintaining the confidentiality of passwords for any account you use to access the Services.

6.2 Responsibility for Account Activities

You agree that you are solely responsible for all activities that occur under your account.

6.3 Notification of Unauthorized Use

In case of any unauthorized use of your password or account, you agree to notify GenDraft immediately at security@gendraft.com.

7. Privacy and Your Personal Information

7.1 GenDraft’s Privacy Policy

For details on GenDraft’s data protection practices, refer to our privacy policy at https://gendraft.com/privacy. This policy explains how we handle your personal information and protect your privacy when using the Services.

7.2 Agreement to Data Use

You consent to the use of your data in accordance with GenDraft’s privacy policies.

8. Content in the Services

8.1 Responsibility for Content

You understand that all information accessible as part of, or through your use of, the Services (like data files, text, software, music, audio, photographs, videos, or images) is the sole responsibility of the entity from which such content originated.

8.2 Intellectual Property Rights in Content

Be aware that Content within the Services, including advertisements and sponsored content, may be protected by intellectual property rights owned by sponsors, advertisers, or others. You may not modify, rent, lease, loan, sell, distribute, or create derivative works of this Content unless authorized by GenDraft or the Content owners.

8.3 Content Management by GenDraft

GenDraft reserves the right, but not the obligation, to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from the Services. GenDraft may provide tools to filter explicit content and there are commercially available services to limit access to objectionable material.

8.4 Exposure to Content

You understand that you might be exposed to Content that could be offensive, indecent, or objectionable, and you use the Services at your own risk.

8.5 Your Responsibility for Content

You are solely responsible for any Content you create, transmit, or display while using the Services and for the consequences of your actions, including any loss or damage GenDraft may suffer.

9. Proprietary Rights

9.1 Ownership by GenDraft

You acknowledge that GenDraft (or its licensors) owns all legal rights, title, and interest in and to the Services, including intellectual property rights. The Services may contain confidential information, which you agree not to disclose without GenDraft's consent.

9.2 Use of GenDraft Brand Features

Unless otherwise agreed in writing, you have no right to use GenDraft's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

9.3 Compliance with Brand Feature Use

If authorized to use GenDraft's brand features, you must comply with the terms of that authorization, the Terms, and any applicable brand feature use guidelines.

9.4 Your Content Rights

GenDraft obtains no right, title, or interest from you under these Terms to any Content you submit, post, transmit, or display on or through the Services, except as specified in these Terms.

9.5 Respect for Proprietary Notices

You agree not to remove, obscure, or alter any proprietary rights notices related to the Services.

9.6 Authorized Use of Marks and Logos

You must not use any trademark, service mark, trade name, or logo in a way that is likely or intended to cause confusion unless expressly authorized by GenDraft.

10. License from GenDraft

10.1 Grant of License

GenDraft grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided as part of the Services. This license is solely for using the Services as permitted by the Terms.

10.2 Restrictions on Software Use

You may not copy, modify, create a derivative work of, reverse engineer, decompile, or attempt to extract the source code of the Software, unless expressly permitted by law or by GenDraft in writing.

10.3 Transfer of Rights

Unless specifically permitted by GenDraft, you may not transfer your rights to use the Software.

11. Content License from You

11.1 Your Content Rights

You retain copyright and any other rights you hold in Content you submit, post, or display on or through the Services.

11.2 Grant of License to GenDraft

By submitting, posting, or displaying content, you grant GenDraft a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use this Content for the purpose of operating, promoting, and improving the Services.

11.3 Distribution and Modification Rights

This license allows GenDraft to distribute and modify your Content as necessary for the technical operation and distribution of the Services.

11.4 Warranty on Your Content

You warrant that you have all the rights, power, and authority necessary to grant the above license.

12. Software Updates

12.1 Automatic Updates

The Software you use as part of GenDraft's Services may automatically download and install updates from time to time. These updates aim to improve, enhance, and further develop the Services, including bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates as part of your use of the Services.

13. Ending Your Relationship with GenDraft

13.1 Continuity and Termination of Terms

The Terms will remain in effect until terminated by either you or GenDraft as described below.

13.2 How to Terminate

To terminate your agreement with GenDraft, you can:

  • (a) Notify GenDraft at any time, and

  • (b) Close your accounts for all Services where this option is provided. The notice should be in writing and sent to account@gendraft.com.

13.3 Grounds for Termination by GenDraft

GenDraft may terminate its agreement with you if:

  • (A) You breach any provision of the Terms,

  • (B) Required by law (e.g., where providing Services to you becomes unlawful),

  • (C) The partner through whom GenDraft offered the Services to you terminates its relationship with GenDraft or ceases to offer the Services,

  • (D) GenDraft ceases providing Services in your country or to you specifically, or

  • (E) Providing Services to you is no longer commercially viable for GenDraft.

13.4 Rights of GenDraft Post-Termination

Nothing in this section affects GenDraft's rights regarding the provision of Services under other sections of these Terms.

13.5 Post-Termination Rights and Obligations

Upon termination of these Terms, all legal rights, obligations, and liabilities accrued over time or expressed to continue indefinitely will remain unaffected.

14. Exclusion of Warranties

14.1 "As Is" Provision of Services

The Services are provided "as is," without any warranty from GenDraft, its subsidiaries, affiliates, or licensors.

14.2 No Guarantees

GenDraft does not guarantee that:

  • (A) The Services will meet your requirements,

  • (B) The Services will be uninterrupted, timely, secure, or error-free,

  • (C) Information obtained through the Services will be accurate or reliable, and

  • (D) Any defects in the Software will be corrected.

14.3 Limitation of Implied Terms

No implied terms, conditions, warranties, or other terms apply to the Services, except as expressly stated in these Terms.

14.4 Statutory Rights

Nothing in these Terms affects any statutory rights you are entitled to as a consumer that cannot be contractually altered or waived.

15. Limitation of Liability

15.1 Non-excludable Liabilities

These Terms do not exclude or limit GenDraft’s liability for losses which cannot be lawfully excluded or limited by applicable law.

15.2 Limitations to Liability

Subject to the overall provision above, GenDraft will not be liable for:

  • (A) Indirect or consequential losses incurred by you, including lost profits, goodwill, or data,

  • (B) Losses resulting from:

    • (i) Reliance on the completeness, accuracy, or existence of advertisements or relationships with advertisers,

    • (ii) Changes made to the Services, or cessation of the Services or its features,

    • (iii) Deletion, corruption, or failure to store Content and communications data,

    • (iv) Inaccurate account information provided by you,

    • (v) Failure to maintain the security of your account and password.

15.3 Application of Limitations

These limitations apply regardless of whether GenDraft has been advised of or should be aware of the possibility of such losses.

16. Other Content

16.1 External Links

The Services may include hyperlinks to other websites or resources that are not controlled by GenDraft.

16.2 No Responsibility for External Content

GenDraft is not responsible for the availability of external sites or resources and does not endorse any content from these sites.

16.3 No Liability for External Sites

GenDraft is not liable for any loss or damage incurred due to reliance on external sites or resources.

17. Changes to the Terms

17.1 GenDraft reserves the right to modify the Universal Terms or Additional Terms at any time. Updates to the Terms will be posted on our official website https://gendraft.com/terms.

17.2 Your continued use of the Services after changes to the Universal Terms or Additional Terms signifies your acceptance of the updated terms. If you do not agree to the changes, you should discontinue your use of the Services.

  1. General Legal Terms

18.1 In using GenDraft Services, you may engage with services, software, or goods provided by third parties. Your use of such third-party services is subject to separate terms between you and the third party. The Terms with GenDraft do not affect your legal relationship with these third parties.

18.2 These Terms constitute the entire legal agreement between you and GenDraft, governing your use of the Services, and supersede any prior agreements between you and GenDraft regarding the Services.

18.3 GenDraft may provide you with notifications, including those regarding changes to the Terms, through email, regular mail, or postings on the Services.

18.4 Failure by GenDraft to exercise or enforce any legal right or remedy contained in the Terms does not constitute a formal waiver of our rights. Those rights or remedies will still be available to GenDraft.

18.5 If any provision of these Terms is found invalid by a court of competent jurisdiction, that provision will be removed without affecting the remaining terms, which will continue to be valid and enforceable.

18.6 Members of GenDraft's group of companies may enforce any provision of these Terms which confers a benefit or rights in their favor. Aside from this, no other persons or companies will be third-party beneficiaries to the Terms.

18.7 These Terms and your relationship with GenDraft under these Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. You and GenDraft agree to submit to the exclusive jurisdiction of the courts located within the state of California to resolve any legal matters arising from the Terms. Despite this, GenDraft retains the right to seek injunctive remedies (or equivalent types of urgent legal relief) in any jurisdiction.

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