Genbler's Terms of Service - Guiding Your AI Content Creation Experience

Terms of Service

Last modified: June 1, 2024

Welcome to Genbler!

Please read carefully these Terms of Service (“Terms”) and our Privacy Policy (https://www.genbler.com/term/privacy-policy) before using the services offered by Genbler Inc. (also “Genbler”, “we”, “us”). These Terms constitute a legally binding agreement between Genbler and User (also “you”, “your”). These Terms regulate your use of our website https://www.genbler.com/ and all of its subdomains we operate directly (“Site”) and services accessible via the Site (“Services”).

IMPORTANT NOTICE REGARDING ARBITRATION FOR USERS LOCATED IN THE U.S.: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GENBLER THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY ARTICLE 11 “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

IMPORTANT NOTICE REGARDING SUBSCRIPTION AUTORENEWAL: IF YOU PURCHASE A SUBSCRIPTION TO ANY PART OF THE GENBLER SERVICE, THEN YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNDER ARTICLE 6 BELOW.

By using our Services, you agree to be bound by these Terms and Genbler Privacy Policy (“Privacy Policy”). If you do not agree to these Terms, do not access or use our Services.

Description of Services

  • The primary features of our Site encompass a variety of services designed to enhance your experience and understanding of Genbler's offerings.
  • In addition to service discovery, our Site may offer career and job-related information for those interested in joining Genbler.
  • We also keep you updated with the latest news, announcements, and developments related to Genbler and other Services. The Site also showcases in-app partnerships, collaborations, and integrations that may benefit users. For businesses interested in leveraging our technology, the Site provides information on business-to-business solutions offered by Genbler. From time to time, we may also use the Site for other purposes which will be clearly stated.

Genbler Content

  • Genbler Intellectual Property. Our Services and Genbler’s proprietary text, graphics, images, illustrations, trademarks, trade names, page headers, button icons, scripts and other content contained therein (“Genbler Content”) are owned by Genbler or its subsidiaries/affiliates, and are protected by copyright, patent, trade secret and other intellectual property laws and regulations. Except we state explicitly in these Terms, we reserve all rights in and to our Services.
  • Use Restrictions. You may not:
    • Sell or use any part of our Services for commercial purposes;
    • Copy, reproduce, distribute, publicly perform, or publicly display any part of our Services;
    • Modify or create derivative works based on our Services, including removing any proprietary rights notices;
    • Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Services (unless permitted by applicable law);
    • Use more than one account;
    • Distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; or
    • Use our Services in any manner not expressly provided in these Terms.

The licenses granted to you by Genbler do not cover any third-party GIFs, videos, or other content available on the Services. Any unauthorized use of our Services will terminate the license granted under these Terms.

Prohibited Conduct and Content

We explicitly prohibit any harassment, stalking, bullying, or any other behavior with malicious intent. We make every effort to build a safe and supportive environment for our community. We encourage our community to report any content that they see on the Services that they believe contradicts this rule by email (support@genbler.com).

Indemnification

You hereby agree to indemnify and hold Genbler, any of its officers, directors, employees and agents and its affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your violation of these Terms.

Privacy

We respect your privacy. Please check our Privacy Policy to be aware of how we collect, use and share your personal information during your use of our Services.

Subscription and Auto-renewals

You may purchase a subscription to certain features of the Services for which periodic billing will be implemented for the amounts indicated to and selected by you when you purchased the subscription plan. You are authorizing Genbler to charge your credit card, debit card, or bank account (as applicable) on a going forward basis and until cancellation of either the subscription or your account. The “Subscription Billing Date” is the day of the month when you sign up for your Subscription plan. Your account will be charged automatically on the Subscription Billing Date for all applicable fees and taxes for the next subscription period.

Upon the end of the complimentary period (three days of free trial) during which no fees will be charged, a fee-based subscription will commence automatically unless you cancel the subscription within the three-day period.

BY PURCHASING A SUBSCRIPTION, YOU AGREE THAT AFTER THE INITIAL TERM OF YOUR SUBSCRIPTION PLAN, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD (PROVIDED THAT WE RECEIVE PAYMENT OF THE APPLICABLE SUBSCRIPTION FEES) YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD FOR SUCCESSIVE PERIODS OF THE SAME DURATION AT OUR THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION PLAN UNLESS YOU CANCEL YOUR SUBSCRIPTION PLAN OR ACCOUNT AS FURTHER DESCRIBED BELOW.

YOU MAY CANCEL YOUR SUBSCRIPTION PLAN AT ANY TIME BY EMAILING [support@genbler.com]. IF YOU DO SO, YOUR SUBSCRIPTION PLAN WILL EXPIRE AT THE END OF THAT SUBSCRIPTION PERIOD (AND UPON WHICH EXPIRATION YOUR SUBSCRIPTION WILL NO LONGER BE RENEWED OR CHARGED). YOU MUST CANCEL YOUR SUBSCRIPTION PLAN AT LEAST 24 HOURS BEFORE IT RENEWS TO AVOID BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT. ANY REMAINING CREDITS AT THE END OF SUBSCRIPTION ARE NOT REFUNDABLE.

Credits

  • We may in our sole discretion provide complimentary credits to you when you join our Services. Fee-based credits will be provided to you when you subscribe to the subscription plan explained in Article 6 or you purchase the credits.
  • Fee-based credits will be deducted first and before the complimentary credits when you use our Services.
  • Fee-based credits are not refundable and will expire when you withdraw your membership or when your account is not used for two years. Before this happens, you will have the opportunity to take action in your account when we send you email notifications to your associated email account.
  • Complimentary credits do not expire.
  • If you breach these Terms or otherwise wrongfully use the Services, we may revoke your membership privileges and terminate your membership.
  • Credits are non-refundable and non-transferrable.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, completeness, truthfulness, or reliability of any information or content on the Services.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GENBLER NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GENBLER OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL GENBLER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO GENBLER FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GENBLER AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GENBLER AND YOU.

Links to Third Party Websites

The Services may contain links to third-party websites, services, and other resources. Please note, that their presence does not mean that we recommend their services or guarantee their safety and conformity with any of your expectations. We are not responsible for maintaining any materials referenced from another website and make no warranties for that website or respective service. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.

Governing Law and Dispute Resolution

  • Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of South Korea, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Article, the exclusive jurisdiction for all Disputes (defined below) that you and Genbler are not required to arbitrate will be the courts located in South Korea and you and Genbler each waive any objection to jurisdiction and venue in such courts.
  • Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Genbler agree that the South Korean laws govern the interpretation and enforcement of these Terms, and that you and Genbler are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
  • Exceptions. As limited exceptions to Article 9: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
  • Any arbitration hearings will take place in South Korea, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
  • Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the applicable arbitration rules in South Korea, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law, unless the arbitrator finds your Dispute frivolous.
  • Injunctive and Declaratory Relief. Except as provided in Article 9, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
  • Class Action Waiver. YOU AND GENBLER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

Changes to Terms

We may update the Terms from time to time at our sole discretion. If we do, we will let you know by posting the updated Terms on the Site, and/or may also send other communications. It is important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t want to be bound by the changes, you may not use the Services anymore.

Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at (support@genbler.com). Upon any termination, discontinuation or cancellation of the Services or your account, the following Articles will survive: 2(a), 3, 7, 9, 12, 13.

Severability

With the exception of any of the provisions in Article 9 of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

General

  • Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Genbler and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Genbler and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Genbler’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Genbler may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  • Notices. Any notices or other communications provided by Genbler under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
  • Waiver of Rights. Genbler’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Genbler. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contacts

We hope these Terms helped you to understand how you can use the Services and be sure everything is foreseeable and safe while enjoying our Services. Should you have any questions about the Services or these Terms, please contact us at [support@genbler.com] or to:

  • Genbler Inc. 2053 W Rosecrans Ave Gardena CA 90249, United State
  • Email: [support@genbler.com]
  • Contact: [Jaden, COO]