Terms and Conditions
Welcome to Gen Open! These Terms of Service (the "Agreement" or the "Terms") are a binding agreement between you ("User" or "you") and us, governing your use of the website at https://genopen.top and the Gen Open network services (the "Service") and related services (collectively, "the Services").
These Terms contain important information regarding your rights and obligations, liabilities, restrictions, disclaimers, dispute resolution, and exclusions that may apply to you. Please read them carefully.
1. Scope of the Agreement and Acceptance
1.1 Scope of the Agreement
This Agreement governs your use of the Services provided by us. Any additional terms, policies, rules, or guidelines posted on the Services or the website in connection with the Services (including, but not limited to, the Privacy Policy) are incorporated into this Agreement by reference.
1.2 User Eligibility
The Services are not offered to individuals under the age of 18. If you have not reached this age limit, please do not use the Services.
If you are 18 years of age or older but have not reached the legal age of majority in the jurisdiction where you reside (which is at least 18 in many countries or regions), you must review this Agreement with your parent or guardian to ensure that they understand and agree to these Terms. If you enter into this Agreement on behalf of your company, organization, educational institution, or an agency, department, or instrumentality of the federal government, you represent that you have the authority and permission to legally bind that entity or organization to the terms and obligations of this Agreement.
1.3 Acceptance
By clicking "I Agree," or by accessing or using the Services, you agree to be bound by the terms of this Agreement. If you do not agree to these Terms, please do not use the Services.
2. License and Account
2.1 License Grant
Subject to your compliance with this Agreement, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services through the Gen Open website, solely for your personal, non-commercial use.
Except as expressly permitted by these Terms, you may not: (a) rent, lease, lend, sell, distribute, sublicense, or otherwise transfer or provide the Services; or (b) copy, decompile, reverse engineer, disassemble, attempt to obtain the source code, modify, alter, mimic, adapt, translate, or create derivative works from the Services, any updates, content, or any part thereof (except to the extent that applicable law prohibits the foregoing restrictions, or to the extent permitted by the license terms of any open-source components contained in the Services).
2.2 Account Management and Security
Before using the Services, you must register an account using an email address or sign in through a third-party account (such as a Google account).
When registering, you must provide accurate, truthful, and up-to-date information. You are responsible for keeping your login credentials confidential and for all activities that occur under your account.
Your account will be associated with your usage records.
Account deletion: If you request the deletion of your account, all related data will be permanently deleted and cannot be recovered. We are not liable for any losses resulting from such deletion.
You understand and agree that we are not liable for any account loss, damage, or unauthorized access that is not caused by us, including, without limitation: improper account management, third-party hacking attacks, compromised devices, or user disclosure of login credentials. You are solely responsible for maintaining the security of your account and any related login information.
You may not trade, sell, lend, or otherwise transfer your account to another person.
We reserve the right to suspend or terminate your account if you violate this Agreement or applicable law, or for security or operational needs.
3. Payment Terms, Subscriptions, and Refund Policy
3.1 General Payment Terms (Free and Paid Services)
The Services may offer both free and paid services. Access to premium features is available only after payment of the required fees.
We reserve the right to modify the fee structure and payment methods at any time. Changes will be displayed on the Service pages. Your purchase constitutes your explicit acceptance of the then-current fees and payment methods.
We may from time to time offer promotions or discounts. Such offers are time-limited and may be subject to conditions (for example, first use, or activation within a specified time period, such as within one hour of account creation). We reserve the right to modify or discontinue promotional offers at any time.
3.2 Subscriptions and Auto-Renewal
We offer subscription plans (for example, weekly, monthly, or yearly billing) to access premium features (a "Subscription").
Auto-renewal: By purchasing a Subscription, you agree that your Subscription will automatically renew at the end of each billing period (for example, monthly or yearly) for the same duration, and you irrevocably authorize us (or the applicable payment processor) to charge the renewal fees at the then-current price to the payment method you designate, until you cancel your Subscription.
3.3 Canceling Auto-Renewal
To avoid renewal charges, you must cancel your Subscription at least 24 hours before the end of the current billing period.
Canceling your Subscription will stop auto-renewal, but your access to premium features will continue until the end of the current paid period.
Cancellation requests must be submitted before the next billing date. Otherwise, you will be charged for the next billing period, and that charge is non-refundable.
No partial refunds or prorated credits are provided for unused time, mid-period cancellations, or subscription downgrades.
Deleting your account does not deactivate your subscription plan.
3.4 One-Time Purchases
We may offer services or features available for purchase for a one-time fee (a "One-Time Purchase"). Such purchases do not automatically renew.
3.5 Refund Policy
Unless otherwise stated, all fees paid for the Services are non-refundable. Gen Open may, in its sole discretion, offer refunds or credits in certain circumstances. To the extent applicable local laws in your jurisdiction provide otherwise, these Terms do not affect your statutory rights.
4. User Obligations
By accessing or using the Services, you agree to comply with all of the obligations set forth in these Terms. Your use of the Services is conditioned upon compliance with the following requirements (including, without limitation):
4.1 You agree to use the Services only for lawful purposes and in accordance with all applicable laws, regulations, and these Terms. You must not use the Services for any illegal, fraudulent, or malicious activity, including, without limitation, harassment, stalking, defamation, or identity theft.
4.2 The Services are for your personal, non-commercial use only. Without our prior written consent, you may not resell, distribute, or share with any third party information obtained through the Services. Subject to these Terms, you may use AI-generated outputs for commercial purposes.
4.3 You are responsible for providing accurate, current, and complete information when creating an account and throughout your use of the Services. Misrepresenting your identity, purpose, or other relevant details is strictly prohibited and may result in the suspension or termination of your account.
4.4 You must not attempt to gain unauthorized access to the Services, servers, or databases, or interfere with or disrupt the normal operation of the Services, or affect the availability, security, and/or integrity of the Services. This includes, without limitation, using automated tools, bots, or scripts to access or extract data, reverse engineering the Services, deploying malware or other harmful software, or embedding the Services in other third-party services or websites by providing them through framing or mirroring.
4.5 You acknowledge and agree to comply with all disclaimers, warnings, and restrictions in these Terms. This includes understanding the inherent limitations of the data and the licensed uses of the Services.
4.6 You must not impersonate another person or act on behalf of a third party without their explicit written permission.
4.7 You must not infringe Gen Open's intellectual property rights. This includes, without limitation, using, modifying, creating derivative works from, transferring (through sale, resale, licensing, sublicensing, downloading, or otherwise), copying, distributing, displaying, or disclosing any content of the Services without Gen Open's prior written authorization.
4.8 You must not use the Services in any manner that infringes or violates the rights of any third party.
Failure to comply with the obligations above constitutes a breach of these Terms, which may result in the suspension or termination of your account and may expose you to legal action. By using the Services, you assume full responsibility for your own actions and agree to indemnify us against any claims, damages, or liabilities arising from your misuse of the Services. You further acknowledge that you are solely responsible for ensuring that your use of the Services is lawful and in compliance with all applicable laws.
5. User-Generated Content (UGC) and AI Features
5.1 Ownership and License Grant
The Services may allow you to create, submit, post, or generate content, including content generated using AI features, such as text prompts, images, or data ("UGC"). You retain full ownership of your UGC.
By submitting UGC, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, and perform such UGC in connection with the Services and our business (and that of our successors and affiliates). This includes using UGC to develop, test, and improve the Services, but does not include using it to train our AI models.
5.2 UGC Restrictions
You agree that your UGC must not:
violate any applicable local, national, or international law or regulation;
infringe the intellectual property rights, privacy rights, or image/publicity rights of any third party;
contain infringing, trade defamatory, defamatory, false, or intentionally misleading material or information, or harassing, abusive, threatening, harmful, vulgar, obscene, or offensive content, or content containing pornography, nudity, or gore/gratuitous violence, or promoting violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or otherwise objectionable content, or content harmful to minors in any way;
constitute unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
impersonate any person or entity, or misrepresent your affiliation with any person or entity;
contain any viruses or other computer code, files, or programs, corrupted data, or other harmful, interfering, or destructive files or content designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
For AI-generated content (AI-Gen Content), you are solely responsible for ensuring that the prompts and the resulting content comply with all laws and this Agreement.
You agree that you will:
not use AI-generated content for unlawful, defamatory, infringing, harmful, or misleading purposes;
not use the AI features to generate content that violates applicable laws, the rights of third parties (including intellectual property, privacy, publicity, or other rights), platform policies, or community standards;
be solely responsible for reviewing, editing, verifying, and validating AI-generated outputs before publicly using or publishing them;
be responsible for complying with applicable content labeling and transparency laws, where required, when publicly sharing AI-generated content.
We reserve the right (but have no obligation) to monitor, review, screen, and remove any UGC created or shared through the Services at any time, for any reason, and without prior notice, if we determine that such content violates this Agreement or applicable law. However, we do not guarantee that all inappropriate or unlawful content will be identified or removed. You may report inappropriate content through the available reporting mechanisms.
5.3 AI Features Disclaimer
The Services may include features that use artificial intelligence (AI) to generate images and videos or provide text responses.
You acknowledge and agree that AI-generated content is based on algorithms and training data, and that its results may be inaccurate, offensive, harmful, or otherwise inappropriate. We do not warrant the accuracy, quality, or legality of any AI-generated content and disclaim liability for your use of such content. You are solely responsible for evaluating the accuracy, appropriateness, and legality of any AI-generated outputs before relying on or distributing them.
6. Third-Party Services
The Services may contain links to external websites and resources provided by third parties ("Third-Party Services"). The inclusion of any link does not imply our endorsement, approval, or control of such external website or its content. These Third-Party Services have their own terms and privacy policies, which we do not govern or endorse.
You access third-party websites at your own risk. You acknowledge that different terms of use and privacy policies may apply to your use of such Third-Party Services and content. We encourage you to review the terms and privacy policies of any third-party website or service you visit.
We are not directly or indirectly liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party website or service. We do not warrant the accuracy, completeness, or usefulness of any information on third-party websites, nor do we warrant the security or legality of any third-party website or service.
The presence of links to third-party websites does not constitute our association with, endorsement of, or sponsorship of such websites, their operators, or the content, products, or services contained in or accessible through them. We reserve the right to add, change, update, or modify the Services at any time without notice, including removing or altering any third-party links. However, we have no obligation to review, monitor, examine, or remove any third-party content or websites.
7. Intellectual Property
The Services themselves and all elements contained therein, whether text, articles, descriptions, trademarks, images, graphics, sounds, videos, brands, logos, copyrights, database rights, interactive features, or any other elements, their structure and design, the selection and presentation of content and elements, and the software necessary to operate, access, and use them, are the property of us or of partners from whom we have obtained the appropriate licenses. All elements of the Services are protected by intellectual property rights, which users must respect.
Access to and use of the Services shall not, under any circumstances, transfer our intellectual property rights to users. Users are granted only a worldwide, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for their personal use. However, this license does not grant users the rights described below, and users must therefore not attempt to: copy, duplicate, distribute, publicly communicate or display, transform, or modify the Services or our trademarks in any way, or generally use any protected element of the Services for commercial or other purposes without our prior written consent. You may not, and therefore should not attempt to, extract the source code of the Services. Any of the foregoing acts is expressly and entirely prohibited and will result in the termination of the license granted to you.
Please note that we retain all intellectual property rights not expressly set forth in these Terms and belonging to us under current applicable laws and regulations.
In the event of any infringement of our intellectual property rights, we reserve the right to take all necessary legal action, including seeking compensation for direct and indirect damages, to protect our legitimate rights and interests in the most effective manner.
8. Breach of Agreement
8.1 Handling of Breach
If we discover or receive a report that you have breached this Agreement, we have the right to exercise our independent judgment in accordance with applicable law and to take technical measures to delete, block, or disconnect the relevant information. At the same time, we have the right to take measures against you based on the nature of your conduct, including, without limitation, suspending or terminating part or all of the Services, suspending or terminating your account, and pursuing your legal liability. You shall bear all losses arising therefrom. If your breach causes losses to us, you shall also compensate us for such losses (including, without limitation, direct economic losses, damage to goodwill, and reasonable legal costs paid to third parties, such as compensation, settlement fees, attorneys' fees, and litigation costs).
8.2 Handling of Third-Party Damages
If any act of yours in breach of this Agreement causes damage to any third party, you shall bear sole and full responsibility. If we suffer losses as a result, you shall also compensate us for such losses.
9. Disclaimers and Limitation of Liability
9.1 Disclaimers
The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components.
9.2 Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we, our affiliates, directors, or employees be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
Our total liability for any and all claims arising out of or in connection with this Agreement or your use of the Services shall be limited to the greater of: (A) the amounts you actually paid to us for the Services during the twelve (12) months preceding the event giving rise to the claim; or (B) one hundred euros (€100).
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
You agree to indemnify and hold harmless us and our affiliates, directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns from and against any losses, damages, costs, expenses (including attorneys' fees), or other liabilities arising out of any claims, demands, allegations, proceedings, or other causes of action brought by any third party due to your access to or use of the Services, your User Content, your breach of these Terms, your infringement of any rights of another person or entity, or your making of any false or misleading statements.
10. Waiver
Our failure or delay in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver of such right. Likewise, any single or partial exercise of any right, remedy, power, or privilege under these Terms shall not preclude the further exercise of such right or of any other right, remedy, power, or privilege.
Our waiver of a breach of any provision of these Terms is effective only if it is signed in writing by an authorized representative. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or non-performance, whether or not similar in nature.
If you are a California resident, you waive Section 1542 of the California Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." If you are a resident of another jurisdiction, you waive any similar statute or principle.
11. Governing Law and Dispute Resolution
11.1 Governing Law
This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Singapore, excluding its conflict of laws principles. If you are a consumer residing in the European Union, these Terms do not affect the mandatory laws and statutory consumer rights of your country of residence.
11.2 Dispute Resolution
Any dispute, controversy, difference, or claim arising out of or in connection with this Agreement shall first be resolved through friendly negotiation. If the parties are unable to resolve the dispute through negotiation, you agree to submit the dispute or controversy to the jurisdiction of the courts of the Republic of Singapore.
12. Changes to the Terms and the Services
We may, in our sole discretion, update these Terms from time to time (for example, when we remove or release new features, technologies, or services, to comply with legal, regulatory, or contractual requirements, or to address exceptional or unforeseen circumstances). In such case, we will take reasonable steps to notify you depending on the significance of the changes, such as revising the date at the top of the updated Terms, sending an email, or providing in-service notification. It is your responsibility to review these Terms periodically and to check the Services regularly for updates to these Terms. Unless stated otherwise, the updated Terms become effective when we post them in the Services. Your continued access to or use of the Services after the updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must immediately stop using the Services and delete your account.
We may also update, change, suspend, or discontinue the Services (or any part, content, or feature thereof) at any time, without notice and without liability to you or any other person (for example, to provide or test new or different features, technologies, or services, to fix, improve, or further develop the Services, to comply with legal, regulatory, or contractual requirements, or to address exceptional or unforeseen circumstances).
Some Services and features may not be available in all countries or languages.
13. Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms (including any additional policies or agreements incorporated by reference) constitute the entire agreement and understanding between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written communications, proposals, understandings, agreements, or representations between the parties relating to such subject matter.
Any modification, amendment, or supplement to these Terms must be made in writing and signed by us. Oral modifications or agreements are not valid.
Any terms that by their nature should survive termination or expiration shall survive such termination or expiration, including, without limitation, terms relating to intellectual property, limitation of liability, disclaimers, dispute resolution, and governing law.
14. Notices and Contact Information
14.1 Delivery of Notices
All notices we send to you under this Agreement may be made by means of web page announcements, email, system notifications, in-app private messages, or other means, and such notices shall be deemed delivered to the recipient on the day they are sent.
14.2 Contact Us
If you have any questions, concerns, or feedback about these Terms, the Services, or any of our products or services, you are welcome to contact us through any of the following channels:
Email: Feedback