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Welcome to Genia! These Terms of Service ("Terms") govern your access to and use of the Structural CoPilot platform, including any software, services, and data provided by Genia Engineering, Inc. ("Genia," "we," "us," or "our").
By creating an account, or by accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms.
Genia provides a software tool intended to assist qualified and licensed structural engineers.
2.1. Acknowledgment of User's Professional Responsibility. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS AN ASSISTIVE TOOL ONLY AND IS NOT A SUBSTITUTE FOR YOUR PROFESSIONAL JUDGMENT AS A LICENSED STRUCTURAL ENGINEER. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE AND LIABLE FOR ALL ENGINEERING WORK, INCLUDING THE REVIEW, VERIFICATION, AND VALIDATION OF ANY GENERATED CONTENT. YOU MUST INDEPENDENTLY VERIFY ALL OUTPUTS FROM THE SERVICE FOR ACCURACY, COMPLETENESS, AND COMPLIANCE WITH ALL APPLICABLE LAWS, CODES, AND STANDARDS BEFORE USE.
2.2. No Professional Services. GENIA IS A TECHNOLOGY COMPANY, NOT AN ENGINEERING FIRM. WE DO NOT PROVIDE PROFESSIONAL ENGINEERING SERVICES, AND USE OF THE SERVICE DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP. ANY GENERATED CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS NOT A STAMPED OR SEALED ENGINEERING DOCUMENT.
3.1. Our License to You. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.
3.2. Your License to Us. To operate and improve the Service, you grant Genia a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, create derivative works from, distribute, and display your User Content for the following purposes:
3.3. Feedback. If you provide us with any feedback, suggestions, or comments regarding the Service ("Feedback"), you hereby grant Genia a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, implement, and exploit such Feedback in any manner without any obligation, payment, or restriction. You acknowledge that such Feedback is not your confidential information.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You must provide accurate and complete information when creating your account.
You agree to pay all applicable fees for your chosen subscription plan. All fees are non-refundable except as required by law. We may change our pricing and will provide you with reasonable notice of any price changes.
6.1. THE SERVICE AND ANY GENERATED CONTENT 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, ACCURACY, AND NON-INFRINGEMENT. GENIA DOES NOT WARRANT THAT THE GENERATED CONTENT WILL BE ERROR-FREE, ACCURATE, OR MEET YOUR SPECIFIC PROJECT REQUIREMENTS. YOUR RELIANCE ON ANY GENERATED CONTENT IS SOLELY AT YOUR OWN RISK.
6.2. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GENIA, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY DEFECTS, INACCURACIES, OR ERRORS IN THE GENERATED CONTENT; (C) ANY PROPERTY DAMAGE, PERSONAL INJURY, OR STRUCTURAL FAILURE RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR GENERATED CONTENT; (D) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN, INCLUDING A DATA BREACH. IN NO EVENT SHALL GENIA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO GENIA FOR THE USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless Genia and its affiliates, officers, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of the Service or Generated Content caused damage to a third party, including but not limited to claims of professional negligence or structural failure.
These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from these Terms will be resolved through final and binding arbitration.
These Terms constitute the entire agreement between you and Genia. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
