Terms of Use

1. Introduction

1.1. Hello, we are Gennio, a platform for prior art registration of copyrights using blockchain technology. Welcome to the Gennio Terms of Use. These terms of use ('Terms') govern and regulate the use by an end user, whether an individual or a legal entity, interested in the services offered by our platform. Please read these Terms carefully before using our services.

1.2. The use of the GENNIO Service is subject to our Privacy Policy, which is incorporated into these Terms by this reference.

2. Acceptance of Terms

2.1. By accessing or using our platform, you agree to be bound by these Terms of Use. If you do not agree with these Terms, please do not use our platform, but consider informing us so we can improve our services.

3. Services Offered

3.1. Our platform offers prior art registration services for copyrights, allowing users to register their intellectual and/or creative works for legal protection of prior art.

3.2. The services may include, but are not limited to, storing information about works, issuing certificates of prior art registration for copyrights, and other related functionalities, such as organizing the intellectual assets registered on the platform.

3.3. Copyright registration is not concessive in nature, being merely declaratory, and the author is entitled to register it, according to Law 9.610/98. Therefore, this 'service' does not have the power to grant or deny copyright ownership, nor to attest to the originality of the content uploaded to our platform, but to publicly record the author's declaration through blockchain technology.

3.4. We do not perform any control, monitoring, or management of copyright violations registered on our platform.

3.5. Service options:

3.5.1. We offer different service options. Certain Service options are provided on a one-off basis, while other options require payment before they can be accessed ('Paid Subscriptions'). We may also offer special promotional plans, memberships, or services, including offers or partnerships with third parties.

4. Use of GENNIO Services

4.1. Create an account: You may need to create a GENNIO account to use all or part of our Services. Your username and password are for personal use only and must be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team via email at sac@gennio.io immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

4.2. GENNIO may reclaim or require you to change your username for any reason.

4.3. The use of the Platform requires your device to be connected to the Internet. You are solely responsible for the cost and maintenance of any mobile or Internet connection, including any data usage, roaming, or other charges you may incur. Furthermore, you acknowledge that from time to time, you may not be able to access or use the Platform due to maintenance, so it is important that you store all obtained certificates and materials yourself.

5. Your Rights to Use the Service

5.1. Subject to your compliance with these Terms (including any other applicable terms and conditions), we sell one-off services or grant you limited, non-exclusive, revocable permission to make use of our services.

6. Service Limitations and Modifications

6.1. Trials: From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a 'Trial').

6.2. We use reasonable efforts to keep the GENNIO Service operational. However, we reserve the right to change our Service offerings and their availability from time to time, without notice or liability to you. For example: The Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those necessary to reflect changes in relevant laws and regulatory requirements. We aim to constantly evolve and improve, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the Service (including specific functions, features, subscription plans, and promotional offers). If you have paid for subscriptions in advance and were unable to use them due to a system error, you will need to send us an email with a screenshot or video demonstrating the error to sac@gennio.io. Your account and billing information must be up-to-date for us to be able to refund you.

6.3. GENNIO has no liability to you, nor any obligation to provide a refund to you, in connection with Internet or other Service interruptions or failures caused by the actions of government authorities, other third parties, or events beyond our control.

7. Veracity of Copyright Declaration

7.1. We do not perform originality analysis of the content uploaded to our platform. By using our services to register the prior art of a work's copyright, you declare that you own the copyright of the work in question or have authorization to perform the registration. You also agree to provide accurate and complete information about the work during the registration process.

7.2. By using our platform, you, the user, are responsible for the intellectual work you store in our environment, including its legality, reliability, and appropriateness.

7.3. By registering a certain intellectual work on our platform, you represent and warrant that: (i) The work was created by you, or you have the right to use it, and (ii) that the registration of this intellectual work does not violate the privacy rights, copyrights, contractual rights, or any other rights of any person or entity, and you may be held civilly and criminally liable for contrary conduct. We reserve the right to terminate the account of anyone found to be infringing on copyrights.

7.4. You, the user, are solely responsible for declaring the copyrights over the content registered on our platform, under penalty of being held civilly and criminally liable for untrue statements.

8. Copyright Infringement

8.1. GENNIO respects the intellectual property rights of others. Therefore, it is our policy to review and respond to any claim that Content posted on the Platform infringes the copyright or other intellectual property rights ('Infringement') of any person or entity. b. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to sac@gennio.io, with the subject line: 'Copyright Infringement' and include in your claim a detailed description of the alleged infringement. c. It is important that you are aware of the penalties for false accusations, as you may be held liable for damages for misrepresentation or bad faith claims regarding the infringement of any Content found on the platform.

8.2. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

9. User Responsibility

9.1. You agree that your use of our services is at your own risk. We will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the infringement of others' copyrights, the inability to use our services, or the misuse of them.

9.2. By creating an account with us, you warrant that the information you provide us is true, accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

9.3. It is prohibited, under penalty of facing civil and criminal legal action, to use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

9.4. You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether with our Platform or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

10. Restricted Actions

10.1. The user is prohibited from:

What you, the user, cannot do under any circumstances:

  • i. violate any applicable national or international law or regulation.
  • ii. impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • iii. misrepresent your identity (e.g., by stating to anyone in relation to GENNIO that you are someone else or are affiliated with someone you are not);
  • iv. use our Platform for anything other than performing activities normally associated with activities carried out through our Platform;
  • v. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of any part of our Platform;
  • vi. intentionally tamper with the security of our Platform, including attempting to probe, scan, or test the vulnerability of our Platform or breach its security or authentication measures;
  • vii. intentionally tamper with the Content you submit to GENNIO for Authentication on the blockchain, and make a claim, including manipulating metadata;
  • viii. share with us any confidential data that, in the normal course of events, would require special handling and introduce a security burden for us that was not agreed upon by us in writing prior to receiving such data;
  • x. transmit any information, through our Platform or otherwise, that may be:
    • (i) illegal, discriminatory, hate speech, threatening, offensive, abusive, libelous, defamatory, harassing, fraudulent, violent, obscene, vulgar, indecent, inflammatory, profane, sexually explicit, pornographic, or profane;
    • (ii) in violation of the Intellectual Property Rights of third parties;
    • (iii) refutes or is contrary to what is stated in any part of our Platform;
    • (iv) is considered 'spam' (including machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling);
    • (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third party; and
    • (vi) violates the privacy of a third party;
  • x. attempt to gain unauthorized access to our Platform or our computer systems or networks through hacking, password mining, or any other means. We reserve the right to investigate and prosecute, to the fullest extent of the law, any violation of the subsections (i) through (xvii) above.

Furthermore, you agree not to:

  • i. use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform;
  • ii. use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • iii. introduce any viruses or other material that is malicious or technologically harmful.
  • iv. use any device, software, or routine that interferes with the proper working of the Platform.
  • v. take any action that may damage or falsify the Platform/Company's rating.

11. Payments and Cancellation

11.1. You may purchase one-off registrations or a paid subscription, through a subscription fee in advance on a monthly basis or at some other recurring interval disclosed to you prior to your purchase;

11.2. If you purchase access to a Paid Subscription through a third party, that third party’s terms and conditions may apply to your use of the Gennio Service, in addition to these Terms.

11.3. Taxes are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

11.4. Price and Tax Changes Taxes are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, or even city. Any tax change will be automatically applied based on the account information you provide.

11.5. Gennio may from time to time change the price for Paid Subscriptions, including recurring subscription fees, the pre-paid period (for periods not yet paid for), or Codes (defined above), and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, by continuing to use the Gennio Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject it by unsubscribing from the applicable Paid Subscription before the price change goes into effect.

11.6. Price Adjustment Due to Exchange Rate Variation.

Gennio reserves the right to adjust the prices of the services offered, including but not limited to subscriptions and licensing fees, in response to significant variations in the exchange rate of the US dollar (USD).

11.7. Refunds

In accordance with consumer law, we grant refunds for unspent credits within 7 days of purchase. In the case of monthly subscriptions, the amount may be refunded if no credit has been used within 7 days of purchase.

12. Renewal and Cancellation

12.1. Except for one-off services, your payment to GENNIO or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period.

12.2. If you have purchased a Paid Subscription using a Code, your subscription will be automatically terminated at the end of the period stated in the Code.

13. Guidelines and Consents

13.1. Gennio may use third-party services to analyze/monitor the use and performance of our Platform.

13.2. By using our Platform, you consent to receive newsletters, marketing or promotional materials, and other information from us. However, you may opt out of receiving any, or all, of these communications by following the unsubscribe link.

14. Modifications to the Terms

14.1. We reserve the right to modify these Terms of Use at any time, in our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our platform. It is your responsibility to review these Terms periodically to be aware of any changes. Your continued use of our services after the posting of any changes constitutes your acceptance of those changes.

15. Privacy

15.1. We value your privacy and handle your personal data in accordance with our Privacy Policy. By using our services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

16. Intellectual Property

16.1. All intellectual property rights related to our platform and the services offered are our property or licensed to us. Nothing in these Terms grants you any intellectual property rights in our platform or services.

17. Term, Changes, and Termination of Service

17.1. The agreement to these terms will enter into and remain in effect from the date of your acceptance.

17.2. GENNIO may suspend or terminate your account and block your access to the Platform immediately, without prior notice, at our discretion, for any reason and without limitation, including but not limited to a breach of the Terms.

17.3. If you wish to terminate your account, you may do so via the client area or by requesting it via email to sac@gennio.io

17.4. GENNIO may modify, add, or remove any clauses or conditions of these terms. When the change implies a restriction of the conditions initially agreed upon, we will inform you of the change by email or by any other electronic means.

17.5. In order to maintain and meet the latest market and technological development requirements, we at GENNIO may, at any time, change, both in form and content, suspend, or cancel any of the Services, products, utilities, or applications, made available by itself or by third parties, including in relation to the Service and any of the additional services.

17.6. Either party may terminate this agreement at any time during its term by canceling the service. GENNIO will not make a direct payment to you in cash for the value equivalent to any credits that may remain in your account.

17.7. The service may also be terminated, automatically, regardless of any notification or interpellation, judicial or extrajudicial, in the event of non-compliance by one of the parties with its obligations, inaccuracy of the declarations assumed or provided by you, in any way that compromises the public image of GENNIO.

17.8. The creation of a new account will not be permitted if your original account was blocked for violating the Terms of Use.

18. Force Majeure

18.1. Without limiting anything else in the Terms, if a default or delay by GENNIO under the Terms is caused by, or if GENNIO is unable to make the Platform available for any reason or circumstance beyond GENNIO's reasonable control, including but not limited to fire, flood, earthquake, elements of nature, natural disasters, epidemic (whether declared or not), pandemic (whether declared or not), explosion, power failure, damage caused by third parties to network infrastructure, war, terrorism, cyber-terrorism/war, revolution, civil commotion, public enemies, law, order, regulation, ordinance, or requirement of any government or legal body with jurisdiction, or labor unrest, such as strikes, slowdowns, picketing, or boycotts, GENNIO will not be liable for such default or delay, or inability to make the Platform available, and will be excused from further performance of its affected obligations.

19. About these Terms

19.1. Except as stated in this section or as explicitly agreed upon in writing between you and GENNIO, these Terms constitute all the terms and conditions agreed upon between you and GENNIO and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

19.2. Unless otherwise stated, if any provision of these Terms is held to be invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision will be enforced to the extent permitted by law.

19.3. If you have any feedback, complaints about errors, and/or suggestions for improvements, you can contact us via email at sac@gennio.io. You acknowledge and agree that feedback is not confidential information, and we may use it for the improvement of our services.

20. Governing Law

20.1. These Terms shall be governed and construed in accordance with the laws of Brazil, which apply to this agreement without regard to its conflict of law provisions.

Gennio | Registre a autoria dos seus criativos