Terms of Service

You must be at least 18 and able to enter into a binding contract. Genien is for business use: you may use it only for your own business or your clients' business, not for personal, family or household purposes. During the beta, Genien is offered only to users located in the United States, and we may limit access from elsewhere.

Genien helps you plan, generate and assemble advertising creatives with AI. It sends your briefs and files to third-party AI providers and returns the results. You choose the models, and you review everything before you use it.

Genien is in beta. Features may change, stop working or be withdrawn, generation can fail or produce unusable results, and we may set or change usage limits. Keep your own copies of anything you want to keep: Genien is not a backup service.

Keep your sign-in details secure. You are responsible for activity under your account. Tell us at once at hello@genien.ai if you think someone has used it without permission. Each account is for one person or one company.

You decide what to publish, where and to whom, and you are responsible for it. You confirm that you have the rights to everything you upload, that you hold evidence for every claim your ads make before they run, and that your ads carry the disclosures the law and the ad platforms require. That includes the FTC Act and the FTC's rules and guides on reviews, testimonials and endorsements (16 CFR Parts 465 and 255), state laws on synthetic performers (such as New York General Business Law section 396-b and, from January 1, 2027, California Business and Professions Code section 17610), right-of-publicity and digital-replica laws, and each ad platform's policies.

Genien adds disclosure labels by default. Turning a label off is your decision and your responsibility.

You keep ownership of what you upload or enter into Genien, such as briefs, prompts, product links, photos, video and audio ("Inputs"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display and adapt your Inputs and output, including sending them to the providers that do the work, only as needed to provide, secure and support Genien for you, to enforce these Terms and to comply with law, and to create learning data as Section 11 describes. This license ends when you delete the content or your account, except for copies the law requires us to keep, backups that age out as the Privacy Policy describes, and learning data that has already been de-identified. You confirm that you have all rights and consents needed for your Inputs, including from your clients and from every person who appears or is heard in them.

AI can be wrong, and similar output may be generated for others, so you get no exclusive rights in output that others may also obtain. As between you and us, you hold whatever rights exist in the output Genien generates for you: we claim no ownership of it, and to the extent we hold any rights in it, we assign them to you, subject to these Terms and to the rights of others in your Inputs. Output made purely by AI may not be protected by copyright in the United States, so you may not be able to stop others from copying it. We don't promise that output is accurate, original, protectable, fit for your purpose or free of third-party rights. Check facts, claims, people, voices, music, logos and trademarks before you publish. Genien adds AI disclosure labels by default, and some providers add watermarks or provenance data such as C2PA Content Credentials. Don't remove or alter them where the law or an ad platform requires disclosure.

You must follow the Acceptable Use Policy. In short: no fake testimonials, no impersonation, no use of a real person without consent. We may refuse a request, block or remove content, or suspend an account that we reasonably believe breaks it. We have no duty to monitor content, and we are not responsible for content you create or publish.

Genien sends your Inputs to the providers listed in the Privacy Policy and on our Model providers page, and returns their output to you. Providers process your Inputs to generate what you ask for and, as their terms allow, to keep their services secure and prevent abuse. When you choose a model, you must also follow the usage policy of the company that makes and hosts it, linked on that page. Providers may change, limit or withdraw their models, and we may change which models Genien offers. Each model on the canvas shows who provides it, so you can choose another if a provider's terms don't suit your material.

You use Genien for your own business and your clients' campaigns. You may not: (a) resell, sublicense or share access to Genien, or give others access to its models or APIs; (b) use Genien or its output to build, train or improve a competing product or AI model; (c) copy, scrape, decompile or reverse engineer Genien, except where the law allows despite this restriction; (d) bypass usage limits, safety filters, moderation or security; (e) probe or test our systems for vulnerabilities without our written permission (report vulnerabilities to hello@genien.ai instead); or (f) use Genien in a way that breaks the law or the Acceptable Use Policy.

Each plan includes an amount of generation, stated in dollars and shown before you buy. A step is charged at the price on the canvas when it finishes, including tries the quality check rejects and redoes. The most that redos can add is shown before you run. A step that fails on our side costs nothing. Fees are in US dollars and exclude taxes, which you pay where they apply.

During the beta we switch a paid plan on only after you ask, and send an invoice at the start of each month. Each month is a separate purchase: if you don't pay the next invoice, the plan ends with the month you paid for. Invoices are due within 15 days, and we may pause generation while an invoice is overdue. You can cancel at any time in Settings with one click: the plan runs to the end of the month you paid for and nothing is billed after it. Unused generation doesn't roll over and isn't refunded, except as our Refunds and cancellation policy states or the law requires. Online checkout will come with its own subscription terms, which we will show you before you buy.

Today, what Genien learns from a project is used only in that project. To make Genien better for every customer, we also create learning data from use of the service.

What learning data is. Learning data describes how Genien is used, not your content itself. It covers: (a) product activity, such as which ideas, tools, models and versions were chosen, edited, rejected or exported, what they cost, and the length and structure of prompts, without their words; (b) descriptions of your content, such as an idea's hook type, structure and product category; we keep the description, not the content; and (c) results you give us, such as outcomes you mark or upload.

De-identification. Before learning data is used beyond your account, we remove or transform it so that it can't reasonably be linked to you, your brand, your clients or any person. We take reasonable technical and organizational measures to keep it that way, we don't try to re-identify it, and we require by contract anyone we share it with to do the same. Other customers see results you give us only as totals that combine results from at least 10 accounts.

License. You grant us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license to create learning data from your use of Genien and to use, copy, modify and analyze it to develop, train, evaluate and improve Genien, including the knowledge it offers to all customers. Our service providers may process learning data for us under confidentiality obligations. This license survives the end of these Terms, because learning data that has already been de-identified can no longer be traced to you or removed.

What we won't do. Learning data never includes your files, your brand name, your product details or the words of your prompts. We don't use your files or the words of your prompts to train AI models, we don't sell your content, and we never show other customers anything that identifies you. We won't add new kinds of information to learning data, or start training models on your content, unless we first ask you and you agree.

Your authority. You confirm that you may grant this license, including for material and results that belong to clients you work for. Connecting an ad account isn't open to customers yet. When it is, its metrics will be used for your account, and will enter shared learning only if the platform's terms allow it and you agree.

If you send us ideas, suggestions or feedback, we may use them for any purpose without paying you or owing you anything.

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act, as our Copyright Policy explains, and we terminate, in appropriate circumstances, the accounts of users who repeatedly infringe.

You may stop using Genien and close your account at any time in Settings. We may suspend or end your access, remove content, or refuse a request, with notice where practical, if: (a) you break these Terms or the Acceptable Use Policy; (b) we reasonably believe your use creates legal, security or reputational risk for Genien, its providers or others, or a provider or ad platform requires it; (c) you don't pay fees when due; (d) your free account has been inactive for 12 months; or (e) we stop offering Genien, in which case we'll give you at least 30 days' notice and refund prepaid fees for the unused period. When your account closes, we delete your content as the Privacy Policy describes, so download what you want to keep first. The sections on your content (as to learning data already created), AI output, How Genien learns, fees owed, Disclaimers, Limitation of liability, Indemnity, Disputes and General survive.

Genien is provided "as is" and "as available." To the fullest extent the law allows, we and our providers disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties arising from course of dealing or usage of trade. We don't warrant that Genien will be uninterrupted, secure or error-free, that output will be accurate, unique, lawful, protectable by copyright or free of third-party claims, or that any ad will perform or be approved by an ad platform. Some jurisdictions don't allow excluding certain warranties, so some of these exclusions may not apply to you.

To the fullest extent the law allows: (a) neither we nor our providers will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill, data or ad spend, even if told they were possible; and (b) our total liability for all claims relating to Genien or these Terms is limited to the greater of the amounts you paid us for Genien in the 12 months before the event giving rise to the claim, or US$100. These limits apply to every theory of liability, even if a remedy fails of its essential purpose. They don't limit liability for our fraud, gross negligence or willful misconduct, for violations of law where a limit isn't allowed, or any other liability that can't be limited under applicable law, including California Civil Code section 1668. Some jurisdictions don't allow these limits, so they may not apply to you.

You will defend, indemnify and hold harmless Vital Antioxidants LLC and its members, managers, employees, contractors and providers from and against any third-party claim, and any regulatory investigation or proceeding, and resulting losses, damages, fines, penalties, settlements, costs and reasonable attorneys' fees, arising out of or relating to: (a) your Inputs, including any claim that they infringe or misappropriate intellectual property, privacy or publicity rights; (b) ads or other material you publish, distribute or run, including their claims, disclosures and targeting; (c) your breach of these Terms or the Acceptable Use Policy; or (d) your violation of law or of a third party's rights or terms. We will tell you promptly about the claim (a delay reduces your obligation only to the extent it harms your defense), let you control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle a claim in a way that admits fault for us or imposes obligations on us without our written consent. We may join the defense with our own counsel at our own cost.

Talk to us first. Before filing a claim, you and we each agree to send the other a written notice describing the dispute and the relief sought (to us at hello@genien.ai, to you at your account email) and to try in good faith to resolve it for 30 days. Deadlines for bringing claims are paused during those 30 days.

Arbitration. Except as the exceptions below provide, any dispute between you and us arising out of or relating to these Terms or Genien will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, or its Consumer Arbitration Rules if they apply to you. The arbitrator decides all issues, except that a court decides disputes about the class waiver, the mass filing procedure and whether a claim seeks public injunctive relief. The arbitration will take place by video or in the county where you live or work, unless both sides agree otherwise. For claims of US$10,000 or less, we will pay all AAA filing, administration and arbitrator fees, and in every case we will pay any fees the applicable rules require us to pay.

Individual claims only. You and we may bring claims only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may not consolidate different people's claims or award relief to anyone other than an individual party. If this class waiver is found unenforceable as to a claim, that claim alone will be decided in court, and all other claims stay in arbitration.

Exceptions. Either side may (a) bring an individual claim in small claims court if it qualifies; and (b) ask a court for an injunction to stop infringement or misuse of intellectual property or unauthorized access to Genien. A claim for public injunctive relief, meaning relief whose primary purpose and effect is to prohibit unlawful acts that threaten future injury to the general public, will be decided by a court after the arbitration of all individual claims and remedies, and is paused until then.

Mass filings. If 25 or more similar demands are filed against us, or by us, by or with help from the same or coordinated counsel or organizations, they will be administered under the AAA Mass Arbitration Supplementary Rules, and the parties will cooperate so that they are decided in batches of up to 100 demands, with one arbitrator per batch and all batches moving forward at the same time. Deadlines for bringing claims are paused for demands waiting in a batch.

Opting out. You may opt out of this arbitration agreement by emailing hello@genien.ai within 30 days after you first accept these Terms, with your name, your account email and a clear statement that you opt out of arbitration. Opting out doesn't affect any other part of these Terms.

Governing law and courts. California law governs these Terms, without regard to its conflict-of-law rules, and the Federal Arbitration Act governs this section. Any dispute not subject to arbitration will be decided only in the state or federal courts located in Santa Clara County, California, and you and we consent to their personal jurisdiction.

Changes to this section. A material change to this section won't apply to a dispute we were notified of in writing before the change. You may reject such a change by emailing us within 30 days after it takes effect, and the previous version will then apply to you.

We may change these Terms as Genien changes or the law requires, and we'll post each version with its effective date. For a material change we'll tell you by email or in the app at least 30 days before it takes effect, unless the change is required by law or addresses security or abuse, in which case it may take effect sooner. Changes to how we use your data apply to you only after you expressly agree to them. If you keep using Genien after any other material change takes effect, you accept it; if you don't agree, close your account before then. Changes don't apply to disputes that arose before they took effect.

You confirm that you are not located, organized or ordinarily resident in a country or region subject to comprehensive US sanctions (currently Cuba, Iran, North Korea, and the Crimea, so-called Donetsk People's Republic and Luhansk People's Republic regions of Ukraine), that you are not on, and not owned or controlled by anyone on, a US government restricted-party list such as the Treasury Department's Specially Designated Nationals List, and that you won't use Genien or its output in violation of US export-control or sanctions laws.

You agree that we may communicate with you electronically, by email to your account address or in the app, and that these communications satisfy any legal requirement that a notice be in writing. Keep your email address current. You can unsubscribe from marketing emails at any time, but we will still send service and legal messages.

• Assignment: you may not assign or transfer these Terms without our written consent; we may assign them to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets, with notice to you.
• Entire agreement: these Terms, the Acceptable Use Policy, the Privacy Policy and any order form we both sign are the entire agreement between you and us about Genien; if a signed order form conflicts with these Terms, the order form controls.
• Severability: if any part of these Terms is unenforceable, it will be enforced to the maximum extent allowed and the rest stays in effect, except as the class waiver provides.
• No waiver: not enforcing a provision isn't a waiver.
• Force majeure: we aren't responsible for delays or failures caused by events beyond our reasonable control, including outages or changes at AI, hosting or network providers, natural disasters, war, labor actions, government action or internet failures.
• Relationship: we are independent contractors; nothing here creates a partnership, agency, employment or fiduciary relationship.
• Third parties: no one else has rights under these Terms.
• Notices: we send notices to your account email; send legal notices to the email and address below.
• Interpretation: "including" means "including without limitation"; headings are for convenience; the English version controls.

Under California Civil Code section 1789.3, California users are entitled to this notice: Genien is provided by Vital Antioxidants LLC, 1729 N First St. #21207, San Jose, CA 95112, United States. Current charges are shown in the app and on our pricing page. To resolve a complaint about Genien, contact us at hello@genien.ai. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Questions and legal notices: hello@genien.ai, or Vital Antioxidants LLC, 1729 N First St. #21207, San Jose, CA 95112, United States.