1. Changes to Terms of Service

Geninfinity may make changes to the Terms of Service from time to time in its sole discretion. We will make reasonable efforts to notify you of changes, including by posting the most recent version of these Terms of Service on Geninfinity’s website at www.geninfinityeducation.com. You should regularly check the website for updates. If you continue to use the Platform after the Terms of Service change you will be deemed to have agreed to the new Terms of Service.

2. Platform Account

To use the Platform, you must create an account (an “Account”). You must not use another User’s Account, share an account with another User, or maintain more than one Account. You are responsible for maintaining the security of your Account’s password.

3. Eligibility

To use the Platform, you agree that you must be the Minimum Age, as described below and, if you are a United States based User, must not be on any list of Specially Designated Nationals or a resident of North Korea, Iran, Cuba, Syria, Russia or the Crimea region or resident of another prohibited country or territory. Creating an Account using false information, including but not limited to your name and your age, is a violation of these Terms of Service, including Accounts registered on another person’s behalf or for a person or persons under the Minimum Age.

“Minimum Age” means 18 in the jurisdictions of Canada and the United States of America. However, if by law you are required to be older for Geninfinity to lawfully provide the Platform to you without parental consent (including the use of your Personal Information, as defined in the Privacy Policy and these Terms of Service), then the Minimum Age is such older age.

4. Parental Supervision and Consent

Users under 19 years of age in Canada must ensure their Account is monitored by a parent or guardian. The user will be required to provide parental contact information. Geninfinity requires multifactor identification from the parent or guardian of the user to authenticate parental consent to ensure compliance with these Terms of Service and privacy and protection rules. The requirements are outlined in the Privacy Policy. Minors under the ages of 13 in Canada and under the age of 18 in the US are prohibited from creating an account on the platform.

5. Termination of Account and Limitation of Use

You acknowledge and agree that Geninfinity may restrict your use of the Platform, ban you from the Platform and/or terminate your Account at any time in its sole discretion. You further acknowledge and agree that Geninfinity may remove any content or other information you upload to the Platform if Geninfinity believes it violates these Terms of Service. Should you facilitate or promote any illegal activities or content through the Platform, such conduct may be reported to the relevant law enforcement or regulatory authorities.

6. Interactions With Other Users

The Platform enables you to intentionally interact with other Users. Geninfinity is not responsible for the conduct of Users of the Platform either on or off the Platform. Your interaction with other Users is strictly voluntary, and by interacting with other Users, you direct Geninfinity to facilitate your communication of any information, including Feedback (defined below) and your personal information, to those other Users. You are solely responsible for your interaction with other Users. You agree not to provide any confidential information, including financial information, credit card numbers, or bank account numbers, to other Users. To the extent that any User provides another User any feedback, suggestions, modifications, ideas or other input (“Feedback”) related to the User’s Project, the User providing the Feedback (“Feedback Provider”) hereby assigns to the User receiving the Feedback (“Feedback Recipient”), all right, title and interest such Feedback Provider may have or acquire in or to such Feedback, including all intellectual property rights therein or thereto. To the extent that the Feedback (and all corresponding intellectual property rights) cannot be assigned, the Feedback Provider hereby grants to the Feedback Recipient a worldwide, exclusive, irrevocable, perpetual, royalty free and fully paid right and license, under all Feedback Provider’s intellectual property rights, to perform, display, copy, make derivative works from and publish the Feedback, and to make, have made, sell, offer for sale and import products and services that incorporate the Feedback.

7. User Uploaded Links

You acknowledge and agree that Users are able to post links, including links to personal “dropboxes” on the Platform and that the content of such links and dropboxes is accessed at the sole risk of the User. Geninfinity is not responsible for the content of any links or dropboxes posted or shared on the Platform.

8. No Background Checks

You acknowledge and agree that Geninfinity does not conduct criminal records checks of its Users or otherwise inquire into the background of its Users. Geninfinity makes no representations and warranties regarding its Users.

9. Misuse of the Platform and Code of Conduct

You may use the Platform only for its intended use. You must not:

1. copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Platform;
2. access another User’s account without their express permission;
3. express or imply that any statements you make are endorsed by Geninfinity;
4. use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
5. use the Platform in any way that could interfere with, disrupt or negatively affect the Platform or the servers or networks connected to the Platform;
6. use the Platform in contravention of any applicable laws or regulations, including laws and regulations regarding personal information and privacy;
7. upload viruses or other malicious code or otherwise compromise the security of the Platform;
8. interfere with the operation of, or place an unreasonable load on, the Platform, such as via spam, denial of service attacks, and viruses;
9. frame or mirror any part of the Platform;
10. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform;
11. use or develop any third-party applications that interact with the Platform;
12. otherwise attempt to circumvent security measures of the Platform;
13. bully, intimidate, threaten, stalk, assault, harass, mistreat, use racist, vulgar, obscene, hateful, abusive, inappropriate, or discriminatory language against, or defame any person, including but not limited to other Users;
14. promote or facilitate any activity in contravention of any law or regulation;
15. promote or facilitate the unauthorized solicitation or marketing of products, promotions, or services;
16. misrepresent your identity in any way on the Platform;
17. copy, use, display, or distribute any information obtained from your use of the Platform, whether directly or through third parties, without the consent of the owner of such information;
18. disclose information that you do not have the consent to disclose;
19. imply or state that you are affiliated with or endorsed by Geninfinity without Geninfinity’s express consent;
20. rent, lease, loan, trade, sell, re-sell, or otherwise monetize the Platform without Geninfinity’s express consent;
21. use the Platform to transmit or post any content which infringes the intellectual property rights of a third party;
22. post images that contain nudity, violence, or any other content that Geninfinity deems inappropriate;
23. misappropriate, copy or otherwise attempt to steal any other User’s information, ideas or Projects; or
24. encourage or promote any activity that violates these Terms of Service.

10. Reporting Function

Users can report content or behaviors that contravene section 9 of these Terms of Service by contacting support@geninfinityeducation.com.

11. Appeals

Users may appeal any reports and action taken on the basis of reports by submitting a formal request to support@geninfinityeducation.com. Decisions will be made on appeals subject to review by Geninfinity.

12. Ownership of Intellectual Property

You acknowledge and agree that these Terms of Service do not grant you any intellectual property rights in the Platform, including without limitation Virtual Items. You acknowledge and agree that Geninfinity is the sole owner of the Platform and all intellectual property rights therein, and that while Users retain the intellectual property rights of any content they upload to the Platform, including a User’s Projects, once such information is uploaded to the Platform, it becomes public information.

13. Personal Information

Geninfinity’s Privacy Policy located at Privacy Policy describes how Geninfinity collects, uses, processes, discloses, and retains Personal Information when you interact with the Platform.

14. Virtual Items

The following terms apply to any virtual items on the Platform:

1. the Platform may also include virtual digital items (“Virtual Items”) that that may be acquired, earned, crafted, revealed or unlocked by a User through its activities on the Platform;
2. if a User has a valid, active Account, a User may participate in the Platform’s point system that may operate to enable the license certain Virtual Items that can be used while using the Platform. The Platform’s point system can be acquired through a User’s activities on the Platform, and only through a User’s activities on the Platform;
3. The Platform’s point system might also be provided to a User by Geninfinity as part of a promotion, or through other means, such as completing certain activities, levels, quests or achievements on the Platform, or through challenges on the Platforms.;
4. The Platform’s points are acquired through a User’s activities on the Platform and the amount varies depending on the activity undertaken or accomplished. As Geninfinity feels necessary, Geninfinity may limit the total amount of Platform points or Virtual Items that may be acquired at any one time, and/or limit the aggregate amount of Platform points that may be held in a User’s Account. Geninfinity will notify a User in the event that such User nears any such limit. Availability and “value” on the Platform of Virtual Items is subject to change without notice;
5. The Platform’s point and Virtual Items may never be redeemed for “real world” money, goods or other items of monetary value from Geninfinity or any other party;
6. other than a limited, personal, revocable, non-transferable, and non-sublicensable license to use the Virtual Items on the Platform, a User has no right or title in or to any such Virtual Items appearing or originating on the Platform, or any other attributes associated with use of the Platform or stored within the Platform. Virtual Items are accumulated as part of a User’s Account and therefore a User has no ownership or other property interest in any of those Virtual Items;
7. Geninfinity has the absolute right to manage, regulate, control, modify and/or eliminate such Platform points and Virtual Items as it sees fit in its sole discretion, and Geninfinity shall have no liability to a User or anyone for the exercise of such rights;
8. any transfer of Virtual Items is strictly prohibited except where explicitly authorized within the Platform. Outside of the Platform, a User may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms of Service and may result in a lifetime ban from the Platform and possible legal action. Further, any activity by any User to attempt to monetize or trade any Virtual Items outside of the Platform will be at the User’s own risk and such activity may be considered breaches of applicable federal, state, provincial or regional laws and regulations by the User, for which Geninfinity expressly disclaims any responsibility;
9. User agrees that how and when Platform points and Virtual Items are acquired is in Geninfinity’s sole and absolute discretion. All Platform points and Virtual Items are forfeited if a User’s Account is terminated or suspended for any reason, in Geninfinity’s sole and absolute discretion, or if Geninfinity discontinues providing the Platform;
10. Geninfinity has taken significant measures to secure the Platform and the custodial wallets on the Platform holding the Virtual Items supply, but such digital assets are, nonetheless, capable of being subjected to potential loss. The Platform’s digital wallet credentials could be lost or stolen, and these digital wallets could contain software weaknesses or bugs and may be subject to cyber-attacks and hacks. If any of the foregoing were to occur, it could result in the permanent loss of such Virtual Items and have a material adverse effect on the Platform, the utility of the Virtual Items and the business viability of Geninfinity;
11. Geninfinity has the right, but not the obligation, to delete, alter, “level”, “nerf”, move, remove or transfer any and all Virtual Items, in whole or in part, at any time and for any reason, with or without notice to a User, and with no liability of any kind to a User. Geninfinity does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to the Platform’s points or the Virtual Items (either now or in the future), or any data existing on servers operated by Geninfinity;
12. User is solely responsible for verifying that the proper amount of Platform points has been added to or deducted from a User’s Account during any given interaction, so please notify Geninfinity immediately should a User believe that a mistake has been made with respect to a User’s Platform points balance. Geninfinity will investigate such claim, and in doing so, may request some additional information and/or documentation to verify a User’s claim. Geninfinity will let a User know the results of the investigation, however, a User acknowledges and agrees that Geninfinity has sole and absolute discretion in determining whether or not a User’s claim is valid, and if so, the appropriate remedy; A USER FURTHER ACKNOWLEDGES AND AGREES THAT THE PLATFORM’S POINTS AND THE VIRTUAL ITEMS A USER ACQUIRES HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH OR ANY OTHER VALUE ON OR OFF THE PLATFORM (EXCEPT AS SPECIFICALLY PERMITTED BY THE PLATFORM). Some Virtual Items a User obtains may have expiration dates while others do not, and each Virtual Item a User obtains using Platform points will be included in an Account until the earlier of that Virtual Item’s expiration date, or an Account’s expiration or termination date, or such date when Geninfinity ceases to offer or support the Platform;
13. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, A USER HAS NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GENINFINITY. A USER ACKNOWLEDGES AND AGREES THAT A USER HAS NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE VIRTUAL ITEMS THAT A USER ACQUIRES, REGARDLESS OF THE CONSIDERATION OFFERED OR GIVEN (INCLUDING, WITHOUT LIMITATION ANY NON-MONETARY CONSIDERATION) IN EXCHANGE FOR PLATFORM POINTS OR VIRTUAL ITEMS. FURTHERMORE, GENINFINITY SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE VIRTUAL ITEMS, INCLUDING WITHOUT LIMITATION THE DELETION OF VIRTUAL ITEMS UPON THE TERMINATION OR EXPIRATION OF A USER’S ACCOUNT;
14. A USER FURTHER ACKNOWLEDGES AND AGREES THAT: (1) IT IS POSSIBLE THAT U.S., CANADIAN AND OTHER REGULATORS WILL ADOPT THE POSITION THAT THE VIRTUAL ITEMS USED ON THE PLATFORM SHOULD BE TREATED AS SECURITIES. AS A RESULT, THERE MAY BE NEGATIVE IMPACT TO GENINFINITY, THE PLATFORM AND GENINFINITY’S ABILITY TO OFFER SERVICES THROUGH THE PLATFORM AND THE VALUE OF SERVICES, AND GENINFINITY MAY FACE POTENTIAL LIABILITY FOR UNDERTAKING AN UNREGISTERED SECURITIES OFFERING; AND (2) BY OFFERING USERS VIRTUAL ITEMS ON THE PLATFORM, GENINFINITY WILL BE OPERATING IN BLOCKCHAIN AND CRYPTO INDUSTRIES, WHICH IS SUBJECT TO A HIGHLY-EVOLVING REGULATORY LANDSCAPE. AS GENINFINITY CONTINUES TO EXPAND, GENINFINITY’S DOMESTIC AND INTERNATIONAL ACTIVITIES MAY REQUIRE COMPLIANCE WITH THE LAWS, RULES, REGULATIONS, AND POLICIES OF A VARIETY OF JURISDICTIONS, AND GENINFINITY MAY, FROM TIME TO TIME, RECEIVE REQUESTS FOR DOCUMENTS FROM REGULATORS AND GOVERNMENTAL AUTHORITIES INQUIRING INTO THE NATURE OF GENINFINITY’S BUSINESS ACTIVITIES IN SPECIFIC JURISDICTIONS. IT IS GENINFINITY’S INTENT TO VOLUNTARILY COOPERATE WITH SUCH REQUESTS INTO THE NATURE OF GENINFINITY’S BUSINESS ACTIVITIES, HOWEVER GENINFINITY WILL STRICTLY SCRUTINIZE REQUESTS PERTAINING TO USER DATA, TO EVALUATE WHETHER APPROPRIATE DUE PROCESS FOR SUCH REQUESTS HAS BEEN MET. GENINFINITY MAY ALSO BE SUBJECT TO INVESTIGATIONS AND ENFORCEMENT ACTIONS BY REGULATORS AND GOVERNMENTAL AUTHORITIES IF THEY VIEW THE VIRTUAL ITEMS USED ON THE PLATFORM AS A VIOLATION OF EXISTING LAW, WHICH COULD ADVERSELY AFFECT GENINFINITY’S BRAND, REPUTATION, BUSINESS, OPERATING RESULTS, AND FINANCIAL CONDITION.

15. Monthly Account Fee

1. You may be permitted to enroll in an automatically renewing subscription for certain Services on either a monthly or yearly basis (“Subscription Periods”) for the recurring fee indicated at the time you enroll in the subscription (“Subscription Fee”), subject to the terms below. Such subscriptions (“Recurring Subscriptions”) are continuous until you cancel them.
2. Subscription Fees. You will be charged the then-current Subscription Fee both (i) when you initially enroll in a Recurring Subscription or when your Promotional Offer (as defined in Section 16(f) below) ends (unless you cancel) and (ii) at the beginning of each subsequent Subscription Period until you cancel. You authorize Geninfinity and our payment processors to use your Payment Information to automatically charge you the Subscription Fee as stated above. In the event that your Payment Information cannot be charged for a Subscription Fee, Geninfinity may in its sole discretion (i) bill you for your Subscription Fee and suspend your Recurring Subscription until payment is received or (ii) seek updated Payment Information through third-party sources (i.e., your bank) to use as your updated Payment Information on a going forward basis.
3. If you believe that you have been billed in error or have other billing inquiries, you must notify us within thirty (30) days of the billing date by contacting support@geninfinityeducation.com. We will not issue credits or refunds after the thirty (30) day period has passed, except where required by applicable law.
4. Managing Subscriptions. You may pause or cancel a Recurring Subscription you enrolled in directly with us at any time by either contacting Geninfinity at support@geninfinityeducation.com or through your account settings. You will not be entitled to any refund as a result of canceling a Recurring Subscription, and your Recurring Subscription will be cancelled at the end of its then-current Subscription Period.
5. Price Changes. Geninfinity may change the Subscription Fee charged for Recurring Subscriptions at any time upon providing you notice of the change; provided, however, that the Subscription Fee for your Recurring Subscription will remain in force for the duration of any Subscription Period or Promotional Period (as defined in Section 8(f) below) for which you have already paid. After that Subscription Period or Promotional Period ends, you will be charged at the then-current Subscription Fee on a going forward basis. If you do not agree to a Subscription Fee change, you must cancel your Recurring Subscription at least 24 hours before the Subscription Period to which the new Subscription Fee applies. It is your responsibility to ensure that the email address associated with your account remains updated and that your email account will receive notice emails from us.
6. Promotional Offers. You may be offered a trial period before your Recurring Subscription begins or a discounted initial Subscription Fee (which may include a discount based on an enrollment for an extended initial Promotional Period) on a Recurring Subscription through the use of promotional codes, coupon codes, offer codes, or other promotional discounts (each a “Promotional Offer”). If we offer you a Promotional Offer, the specific terms of your Promotional Offer will be provided in the marketing materials describing the particular offer or at registration (“Offer Terms”). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are only for new customers who have not previously enrolled in a Recurring Subscription or Promotional Offer. Geninfinity reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time. Promotional Offers only last for the period of time stated in the Offer Terms (the “Promotional Period”). Unless otherwise stated in the Offer Terms or at registration, Payment Information is required to enroll in a Promotional Offer. By enrolling in a Promotional Offer, you enroll in a Recurring Subscription, and the Subscription Fee for your Recurring Subscription will, during the Promotional Period, be the price stated in the Offer Terms. Upon the end of the Promotional Period, your Recurring Subscription will automatically renew at the then-current price as stated in Section 8(b). If you do not wish to be charged at the then-current price, you must cancel your Recurring Subscription as stated in Section 8(d) before the end of the Promotional Period.

16. Cancellation Policy

You may cancel your Account at any time. If you cancel your Account you will not receive a refund for any fees made to Geninfinity in respect of your Account. Your access to paid features will terminate at the end of your billing cycle. You will continue to have access to your account and your own created content

17. No Warranty

You acknowledge and agree that the Platform is provided on an “as-is” and “as available” basis, and that Geninfinity provides no warranties, either express or implied, with respect to the Platform. Geninfinity makes no warranty that the Platform will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free. To the fullest extent permitted under applicable law, Geninfinity and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability, or fitness for a particular purpose.

18. Third-Party Networks

You acknowledge and agree that the Platform is provided over third-party networks (e.g. internet, cellular networks, and satellite networks) and that the Platform may not be accessible if the network over which it is being provided is down. Furthermore, you acknowledge and agree that some features of the Platform may be unavailable, limited, or function differently depending on which type of network you are using to access the Platform.

19. Exclusion of Liability

1. To the fullest extent permitted by law, Geninfinity and its shareholders, directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns will not be liable in connection with your use of the Platform for lost profits or lost business opportunities, reputation, loss of data, or any indirect, incidental, consequential, special, or punitive damages.
2. Furthermore our total liability to any user for any claims arising out of or in connection with the use of the platform shall not exceed one hundred Canadian dollars ($100 CAD).

20. Release

You hereby release Geninfinity and its shareholders, directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns of all liability arising out of, relating to, or resulting from your use of the Platform. Without limiting the forgoing, you hereby release Geninfinity from all liability resulting from the act, omission, or negligence of another User.

21. Indemnity

You hereby indemnify and hold harmless Geninfinity, and its shareholders, directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns from any losses, damages, and expenses arising out of, relating to, or resulting from your use of the Platform.

22. General

These Terms of Service are governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. These Terms of Service constitute the entire agreement between you and Geninfinity relating to the Platform. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect. You may not transfer or assign your rights under these Terms of Service, and any attempted assignment in violation of this section is void.

23. Marketing and Licensing

1. Marketing Advertising and Marketing
1. We may use your personal information for marketing and advertising purposes, including:
2. Sending promotional emails, newsletters, and special offers;
3. Displaying personalized advertisements on our website or third-party platforms;
4. Conducting data analytics to improve ad targeting and content relevance; and
5. You can opt out of marketing communications at any time by following the unsubscribe link in our emails or contacting us directly at support@geninfinityeducation.com.
2. Licensing
1. The user grants Geninfinity to use their user generated content for advertising in perpetuity. The user will not receive a fee for use of user generated content in marketing Material