Terms of Service
Last updated: May 4, 2026
1. Acceptance of Terms
By accessing or using GenZHook ("Service", "Platform"), operated by GenZHook ("Company", "Owner", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all these Terms, you must not access or use the Service.
1.1 Universal Reservation of Rights — Owner's Absolute & Exclusive Discretion
You expressly acknowledge, accept, and irrevocably agree that the Owner retains full, exclusive, sole, absolute, and unconditional discretion at all times, with or without cause, with or without prior notice, and without any obligation to justify, explain, or compensate, to:
- (a) add, change, edit, modify, rename, redesign, restructure, replace, merge, split, suspend, withdraw, deprecate, retire, remove, restrict, throttle, gate, paywall, or permanently discontinue any feature, service, tool, module, integration, platform connection, AI provider, model, template, asset, brand element, page, route, API, webhook, automation, dashboard, report, export, integration, or any other component or facility of the Service — in part or in whole — at any time;
- (b) introduce, alter, restructure, rename, withdraw, suspend, discontinue, refuse, decline, claw back, or terminate any subscription plan, tier, package, add-on, top-up, boost pack, credit pack, coupon, promo code, voucher, gift code, redemption code, discount (percentage, fixed amount, BOGO, tiered, volume, loyalty, anniversary, holiday, flash, partner-channel, or any other), promotion, sale, lifetime deal, trial, free tier, free credits, bonus credits, referral reward, affiliate commission, partner payout, cashback, rebate, royalty, revenue-share, grandfathered offer, legacy pricing, beta access, early access, waitlist priority, partner program, affiliate program, referral program, dedicated/specialist plan, custom plan, enterprise quote, or any other commercial offering, incentive, benefit, reward, gift, or value transfer, in whole or in part, at any time, irrespective of whether it has been advertised, promised, displayed, accepted, or partially redeemed;
- (c) set, adjust, raise, lower, restructure, recalculate, re-tier, cap, floor, prorate, suspend, or remove any price, fee, charge, rate, tax-add, exchange rate, currency, billing interval, renewal cadence, credit weight, credit cost, credit conversion ratio, quota, allowance, throughput limit, rate limit, concurrency limit, storage cap, post cap, member cap, seat cap, API-call cap, AI-call cap, or any other quantitative or qualitative limit, AND any discount level, coupon value, promo amount, referral payout, affiliate commission, partner share, loyalty discount, bonus-credit volume, cashback rate, royalty share, or any other monetary or in-kind benefit attached to any feature, plan, facility, program, or relationship — partially or fully — at any time, with the new value taking effect prospectively (or retroactively only where lawful and consistent with applicable consumer-protection rules);
- (d) accept, decline, suspend, restrict, ban, blacklist, terminate, deactivate, anonymize, downgrade, freeze, lock, or refuse renewal of any user, account, organization, workspace, sub-account, integration, API key, OAuth token, affiliate, partner, or any third-party associated with a user, with or without reason, at any time;
- (e) change, override, withdraw, or replace any policy, term, disclaimer, notice, branding, copy, marketing claim, FAQ answer, public statement, screenshot, or documented capability at any time, with the modified version becoming effective upon publication or the date the Owner specifies;
- (f) migrate, terminate, sunset, hand off, sell, transfer, assign, or wind down the Service, the Company, the brand, or any portion thereof, in whole or in part;
- (g) implement, modify, or remove technical, geographic, regulatory, age-based, jurisdictional, or commercial restrictions on access to the Service.
You waive any and all claims — contractual, statutory, equitable, regulatory, tortious, consequential, or otherwise — against the Owner, its officers, directors, employees, agents, contractors, affiliates, sub-processors, investors, and assigns arising from, or in any way related to, the exercise of the rights described in this section. The exercise of these rights shall never constitute a breach of contract, breach of warranty, unfair commercial practice, deceptive trade practice, misrepresentation, negligent misrepresentation, fraud, conversion, unjust enrichment, tortious interference, or any other cause of action; and you shall have no right to refund, pro-rated credit, compensation, damages, set-off, or specific performance on account of any such exercise. Continued use of the Service after any such exercise constitutes your acceptance of the change.
The provisions of this section 1.1 are fundamental, material, and bargained-for elements of the Terms; they are incorporated by reference into every other policy, addendum, agreement, schedule, plan-specific term, and notice published by the Owner (including, without limitation, the Privacy Policy, Cookie Policy, Refund Policy, Disclaimer, Acceptable Use Policy, DPA, DMCA Policy, License & IP Notices, AI Training Policy, Sub-Processor List, and Security & Incident Response pages). In any conflict between this section and any other provision in any GenZHook document, this section prevails to the maximum extent permitted by applicable law.
1.2 Authorized Use of Your Information for Financial, Analytical & Third-Party Benefit
Subject only to (i) the no-training commitment in section 7b of the Privacy Policy and (ii) statutory rights you cannot lawfully waive (such as GDPR/CCPA data-subject rights), you grant the Owner a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to collect, store, process, aggregate, anonymize, pseudonymize, derive, model, score, segment, benchmark, enrich, combine with other datasets, monetize, license, sell, share, transfer, or otherwise exploit any non-content data — including but not limited to: account metadata, billing & payment behavior, credit-consumption patterns, feature-usage telemetry, retention/churn signals, click-stream and scroll behavior, posting cadence, audience-segment characteristics, integration metadata, device & environment fingerprints (excluding precise geo without consent), survey responses, support-ticket content, NPS scores, and any aggregated/derived insights — for any commercial, financial, analytical, research, product-development, marketing, advertising-attribution, fraud-prevention, credit-risk, pricing-optimization, partnership, syndication, third-party-data-licensing, investor-reporting, or operational purpose that benefits the Owner, its affiliates, sub-processors, partners, advertisers, data licensees, acquirers, successors, or assigns.
You acknowledge that such uses may include sharing with, selling to, or licensing to third parties (including data brokers, analytics platforms, advertising networks, lookalike-audience platforms, market-research firms, financial-services partners, business-intelligence vendors, and acquirers in M&A) only in aggregated, de-identified, or pseudonymized form unless you have given separate, specific, lawful consent for identified-form sharing in your jurisdiction. Where applicable law (CCPA/CPRA, GDPR, etc.) classifies any such activity as a "sale" or "share" of personal data, you may exercise your opt-out rights as described in the Privacy Policy without affecting the rest of this license. The Owner shall be the sole beneficiary of any revenue derived from this license, and you shall have no claim to such revenue.
1.3 Discounts, Coupons, Rewards, Gifts & Any Other Benefit — No Vested Right
You expressly acknowledge that no advertised, displayed, applied, accepted, partially redeemed, or historically granted discount, coupon, promo code, voucher, gift code, redemption code, percentage off, fixed-amount off, BOGO, tiered discount, volume discount, loyalty discount, anniversary discount, holiday/flash sale, lifetime deal, free trial, free credits, bonus credits, referral reward, affiliate commission, partner payout, cashback, rebate, revenue-share, royalty, beta-access perk, early-access perk, grandfathered rate, legacy plan, "forever-free" tier, complimentary upgrade, gift, sweepstakes prize, contest reward, or any other monetary or in-kind benefit (collectively, "Benefits") creates any acquired right, vested right, contractual entitlement, or legitimate expectation in you or any third party. The Owner reserves the absolute, exclusive, and unfettered discretion, with or without prior notice and without liability or compensation, to:
- Introduce, alter, restructure, narrow, expand, suspend, withdraw, recall, claw back, expire, void, or permanently discontinue any Benefit, in whole or in part, at any time;
- Refuse to honor, refuse to apply, or revoke any Benefit that the Owner determines (in its sole judgment) was obtained through error, abuse, fraud, self-referral, fake-engagement, multi-account stacking, code-leak, scraping, automation, ineligible jurisdiction, sanctioned party, or violation of any policy;
- Restrict any Benefit by user, account, plan, geography, billing period, time window, eligibility criterion, or any other parameter the Owner deems appropriate;
- Set, modify, or remove maximum-redemption limits, expiry dates, stacking rules, combinability rules, minimum-spend thresholds, currency conversions, and tax treatments;
- Prefer or de-prefer any Benefit relative to other promotional mechanics for any commercial reason;
- Require, alter, or remove any condition for earning, redeeming, or retaining any Benefit (including holding period, qualifying purchase, KYC, payout threshold, payout interval, payout currency, or anti-fraud verification).
You waive any and all claims — contractual, statutory, equitable, regulatory, tortious, or otherwise — arising from the modification, suspension, withdrawal, claw-back, or refusal of any Benefit, including under reliance, promissory-estoppel, unjust-enrichment, restitution, or analogous theories. The exercise of this discretion does not entitle you to any refund, pro-rated credit, alternative reward, replacement Benefit, compensation, damages, or specific performance. Where applicable mandatory consumer-protection law requires a Benefit already "earned" (e.g., a paid-out commission, a lawfully redeemed coupon) to be honored, the Owner's discretion is limited prospectively only as required by such law and not retroactively.
1.4 Dynamic Pricing, Price Fluctuation, Currency & FX Risk
Without limiting sections 1.1, 1.2, 1.3, 8, 8.1, 8.2, 8.3, or 18, you expressly acknowledge and agree that all prices, fees, charges, rates, credit weights, credit costs, credit conversion ratios, top-up prices, plan prices, add-on prices, boost-pack prices, dedicated-plan prices, custom-quote prices, affiliate commissions, partner shares, and any other monetary, credit-denominated, or in-kind value on the Service are inherently dynamic, variable, and subject to change at any time, with or without prior notice, in the Owner's sole, absolute, and unfettered discretion. Specifically:
- (a) Real-time recalculation. The Owner operates an automated pricing engine that may recompute credit weights, plan prices, top-up prices, and quotas daily, hourly, or on demand based on real-time inputs (AI-provider rates, FX rates, infrastructure costs, fraud rates, abuse signals, capacity, demand, and any other factor the Owner selects). The displayed price at the moment of checkout is the binding price for that single transaction only and confers no right to that price on any future transaction.
- (b) Provider cost pass-through. Underlying AI, infrastructure, payment, telecom, hosting, storage, bandwidth, and third-party fees may rise, fall, surge, or vanish without notice. The Owner reserves the right to pass through any cost increase, FX swing, surcharge, regulatory levy, or fee change to your prices, credit weights, quotas, or invoices — partially or fully, immediately or with delay — at the Owner's sole discretion. The Owner is under no obligation to pass through any cost decrease.
- (c) Surge, demand & capacity pricing. The Owner may apply surge multipliers, demand-based pricing, capacity-throttled pricing, peak-hour pricing, queue-priority pricing, or fair-use degradation to any feature, AI provider, model, region, or time window, including dynamically reducing the value (or temporarily suspending the availability) of free tier, trial, or promotional credits when system load is high.
- (d) Currency & FX risk. Prices are quoted in the Owner's designated billing currency (typically USD). Where you pay in any other currency, the conversion rate is set by your payment provider, card network, or bank — not by the Owner — and the Owner has no liability for FX spreads, conversion fees, intermediary bank fees, cross-border fees, or rounding losses. The Owner reserves the right to change the billing currency, add additional currencies, retire currencies, switch FX-rate providers, or apply an FX-buffer markup, at any time, without notice.
- (e) Tax, levy & duty changes. Any new or revised VAT, GST, sales tax, digital-services tax, withholding tax, customs duty, regulatory levy, content-fund levy, or analogous charge imposed in any jurisdiction may be added to your invoice immediately, including retroactively where applicable law so requires, with no advance notice and no obligation to absorb the cost.
- (f) Inflation & index adjustment. The Owner may apply periodic inflation adjustments, CPI-tracking, wage-cost-index adjustments, or any other index-based escalator to all prices, credit weights, and quotas, in any cadence and any direction, in its sole discretion.
- (g) Personalized & experimental pricing. Prices, discounts, bundles, and credit weights may be personalized, A/B tested, segmented, geo-targeted, cohort-targeted, or randomized across users, sessions, devices, or regions for commercial-experimentation, optimization, or fairness purposes. You acknowledge that two users may see different prices for the same item at the same time, and you waive any claim of price discrimination, deceptive pricing, or unequal treatment to the maximum extent permitted by law.
- (h) Anti-arbitrage. The Owner may detect and reverse, claw back, charge differential, void, or refuse fulfilment of any transaction the Owner determines was obtained through pricing error, glitch exploitation, FX arbitrage, time-zone arbitrage, region-spoofing, multi-account stacking, or coordinated abuse — even after charge or apparent fulfilment — without refund or compensation to you.
- (i) No price-stability warranty. The Owner makes no warranty, representation, or commitment — express, implied, statutory, or arising from course of dealing — that any price, credit cost, quota, FX rate, or commercial term will remain stable, predictable, consistent across users, or favorable to you. Marketing pages, calculators, blog posts, screenshots, or AI-generated answers describing "current" prices are illustrative snapshots and not binding offers.
- (j) Effective price & rounding. The Owner may round, truncate, or normalize fractional prices, credit weights, FX-converted amounts, or tax components to the nearest displayable unit, in either direction, in its sole discretion.
- (k) Existing-subscription protections preserved. The price-review and notice mechanics in sections 8, 8.1, 8.2, and 8.3 (annual reviews for yearly+ plans, 14-day courtesy notice for monthly, 60-day notice + loyalty discount on hikes > 15%, emergency-pricing > 40% provider-cost spike) continue to apply to billed subscription cycles. This section 1.4 governs everything outside those locked cycles — pre-purchase displays, top-ups, add-ons, new signups, free-tier value, discount mechanics, FX, and dynamic recalculation between renewals.
- (l) No refund — direction-agnostic, universal. Neither a price increase, nor a price decrease, nor an FX swing in either direction, nor a surge, nor a normalization downward entitles you to any refund, partial refund, pro-rated rebate, retroactive credit, retroactive top-up, alternative reward, replacement Benefit, gift card, voucher, account credit-as-cash, set-off, or compensation of any kind on amounts already paid, periods already billed, top-ups already purchased, or credits already allocated or consumed. If prices rise, your sole contractual remedy is the section 8.1 cancellation right (cancel before next renewal; you retain access until period-end with no refund for the period already paid). If prices fall, you have no entitlement to any retroactive credit, downward adjustment, refund, or rebate on amounts already paid. This rule is universal and incorporates the No-Refund Policy at /refund-policy by reference.
- (m) No-refund inheritance. Every right granted to the Owner under this section 1.4 is exercisable without any refund, credit-back, alternative compensation, or fee waiver to you, even if the exercise materially reduces the value of your existing subscription, top-ups, credit packs, boost packs, add-ons, or remaining prepaid term. This includes, without limitation, the exercise of (a)–(l) above, the Owner's rights under sections 1.1, 1.2, 1.3, 8, 8.1, 8.2, 8.3, 18, the Acceptable Use Policy, the Refund Policy, and any future-adopted policy.
- (n) Chargeback / payment-dispute waiver. You agree not to initiate any chargeback, bank reversal, payment-processor dispute, in-app store refund request, or analogous external-claim mechanism against any payment to the Owner without first contacting billing@genzhook.com in writing and allowing 14 calendar days for resolution. A chargeback initiated in violation of this clause is a material breach of these Terms and triggers the consequences set out in /refund-policy section 8 (account suspension, full-evidence submission, fee recovery, blacklisting).
You waive any and all claims — contractual, statutory, equitable, regulatory, tortious, consumer-protection, unfair-pricing, deceptive-practice, restitutionary, unjust-enrichment, promissory-estoppel, reliance, or otherwise — arising from any price fluctuation, FX swing, dynamic recalculation, surge multiplier, personalized pricing, tax/levy addition, rounding action, anti-arbitrage clawback, or any other action authorized by this section, except only where applicable mandatory law provides an unwaivable refund right and only to the absolute minimum the law requires. The Owner's sole obligation in respect of price fluctuation is to honor the published price at the moment of completed checkout for that single transaction, and to provide the section 8.1 notice cadence for billed subscription renewals; the Owner has no obligation to refund, credit, compensate, or otherwise indemnify you for any consequence of price fluctuation in either direction.
2. Description of Service
GenZHook is an AI-powered social media content generation platform. The Service generates images, captions, and hashtags using artificial intelligence and posts content to social media platforms on behalf of users. The Service operates on a pipeline model — generated content is delivered and not permanently stored.
3. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.
4. User Accounts
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use. We are not liable for any loss arising from unauthorized access to your account. You may not share accounts or create multiple accounts to circumvent platform limits.
5. Acceptable Use Policy
You agree NOT to use the Service to generate, distribute, or promote:
- Content that is illegal, harmful, threatening, abusive, harassing, defamatory, or obscene
- Sexually explicit, pornographic, or sexually suggestive content
- Content depicting or promoting violence, self-harm, or harm to others
- Content that exploits, endangers, or sexualizes minors in any way
- Hate speech targeting individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin
- Content promoting terrorism, extremism, radicalization, or violent ideologies
- Content facilitating fraud, scams, phishing, or financial crimes
- Content promoting illegal drugs, weapons trafficking, or controlled substances
- Content that infringes intellectual property rights of others
- Content that constitutes spam, misleading information, or disinformation
- Content that violates applicable laws, regulations, or industry standards
- Content disrespectful to any religion, faith, belief system, or their associated figures, symbols, or practices
We employ automated content moderation (including AI-based analysis and keyword filtering) on both inputs and outputs. Violations may result in immediate content removal, account suspension, or permanent termination without notice or refund.
6. AI-Generated Content
All content generated through the Service is produced by artificial intelligence. We make no guarantees regarding accuracy, originality, appropriateness, or fitness for any purpose. You are solely responsible for reviewing, editing, and approving all AI-generated content before it is published on social media or any other platform.
The Company is not liable for any consequences arising from posting AI-generated content, including but not limited to: intellectual property claims, misinformation, audience reactions, platform policy violations, or any damages.
7. Intellectual Property
AI-generated images and text created through the Service are provided to you for use. However, ownership of AI-generated content may be subject to evolving legal frameworks in your jurisdiction. The Service's source code, algorithms, UI design, branding, and documentation remain our exclusive intellectual property.
8. Subscriptions & Billing — All Sales Final, No Refunds
Paid subscriptions are billed in advance on a monthly or yearly basis. All fees, charges, feature top-ups, add-ons, dedicated/specialist plans, custom plans, any past, present or future credit-pack or boost-pack variant the Owner may from time to time elect to introduce or withdraw under the Benefits Reservation, and any other amounts ever paid to the Owner are strictly, finally, irrevocably, and unconditionally non-refundable — under any circumstance, for any reason, in any jurisdiction, except only where applicable mandatory consumer-protection law of your jurisdiction expressly compels a refund and cannot be lawfully waived (and in that single, narrow case, refund is limited to the absolute minimum the law requires). You may cancel your subscription at any time; cancellation takes effect at the end of your current paid billing period and you retain full access until then — but no refund, credit-back, pro-rated reimbursement, or alternative compensation is issued for the unused portion. You may upgrade or downgrade your plan at any time — no refunds are issued for downgrades or for any unused portion of the higher tier, and your credit allocation adjusts to the new plan's limits immediately. Credit allocations reset monthly (or per cycle) and unused credits do not roll over and are forfeited without compensation. Taxes, levies, duties, and regulatory charges, where applicable, are additional and non-refundable. Account termination — whether voluntary, by the Owner, with cause, or without cause — does not entitle you to any refund of remaining time, credits, feature top-ups, add-ons, or other balances. You authorize us to retry failed charges, to apply the Universal Reservation of Rights and Dynamic Pricing & FX clause to your account, and to suspend or terminate service on non-payment, AUP violation, ToS breach, or fraud. See our No-Refund Policy for the complete rules; this section 8 incorporates that policy by reference.
8.1 Price Review & Renewal Mechanics
The price-protection rules differ by billing cycle:
8.1(a) Yearly Subscriptions — 12-Month Price Reviews
When you subscribe to a yearly plan, your subscription is subject to a price review every twelve (12) months from your initial subscription date. Yearly subscribers are migrated to current pricing on each anniversary; the new price applies to the next yearly renewal.
We provide the following protections at every review:
- Sixty (60) days advance notice by email and in-app banner before any migration takes effect, including the old price, the new price, the exact migration date, and your options.
- Right to cancel before the migration takes effect — your cancellation will take effect at the end of your current paid period, with no refund (per our Refund Policy).
- Loyalty discount — if the yearly price increase exceeds fifteen percent (15%), we will automatically apply a one-time fifteen percent (15%) loyalty discount to your first bill after migration.
- Credit balance, integrations, scheduled posts, and content are unaffected by price migrations — only the dollar amount changes.
- Price decreases apply to future renewals only — if our pricing falls, the lower amount applies to your next billed period only. No retroactive refund, credit-back, rebate, or alternative compensation is issued for amounts already paid at the prior, higher price.
8.1(b) Monthly Subscriptions — Renewed at Current Price
When you subscribe to a monthly plan, your subscription has no annual price lock. Each monthly renewal is charged at the then-current published price for your plan. We provide the following protections:
- Fourteen (14) days advance courtesy notice by email before any monthly price change takes effect, with the old price, new price, and your next billing date.
- Right to cancel before next renewal at any time, in one click from Settings. Cancellation takes effect at the end of your current paid period, with no refund.
- No loyalty discount applies to monthly subscriptions because monthly customers can switch plans (or cancel) at any cycle without penalty.
- Credit balance, integrations, scheduled posts, and content are unaffected by monthly price changes — only the dollar amount on your next invoice changes.
- Want a price lock? You may switch to a yearly plan at any time to gain the protections in section 8.1(a).
8.1(c) Add-ons and Feature Top-Ups — Always at Current Price
All add-ons and feature top-ups are always priced at the current catalog rate at the time of purchase, regardless of your underlying plan billing cycle. Lock-in protections from sections 8.1(a) and 8.1(b) do not apply to add-ons. Any past, present, or future credit-pack or boost-pack variant the Owner may from time to time elect to introduce or withdraw under the Benefits Reservation in section 1.3 is governed by this same rule.
By subscribing, you expressly consent to the price review mechanism applicable to your billing cycle. You acknowledge that the underlying cost of providing AI-powered services may change, and that the cadence (none / 14-day notice for monthly, anniversary-based with 60-day notice for yearly+) balances price stability for you with operational sustainability for the platform.
8.2 Emergency Pricing Clause
If our underlying AI provider costs increase by more than forty percent (40%) in any ninety (90) day period, we reserve the right to apply price migrations outside the annual review cycle. The same protections apply: sixty (60) days advance notice, right to cancel, no refund, loyalty discount where applicable. This clause is an objective, transparent, index-based release valve and is invoked only in extraordinary circumstances. The objective index is the public price list of our AI providers (OpenAI, Anthropic, Google, fal.ai, Replicate, and others); a snapshot of these rates is preserved internally for audit purposes.
8.3 Quarterly Pricing Review
We perform an internal quarterly pricing review every three (3) months. This review may result in changes to our published prices for new signups. Existing subscribers are not affected until their personal annual review date as described in section 8.1.
8a. Export Controls & Sanctions
You represent that (i) you are not located in a country subject to U.S. Government embargo, (ii) you are not on any U.S. Government restricted-party list (OFAC SDN, BIS Entity List, etc.), and (iii) you will not use the Service for any purpose prohibited by U.S. or other applicable export-control or sanctions laws.
9. Data Handling
The Service operates on a pipeline model. Generated content (images, captions) is delivered to users and social platforms, then purged from our systems within 48 hours to 7 days. User profile data and financial records are retained as required. No user-uploaded media is permanently stored. See our Privacy Policy for full details.
10. Third-Party Services
The Service integrates with third-party platforms (social media networks, AI providers, payment processors). We are not responsible for the availability, policies, or actions of these third parties. Your use of connected social media accounts is subject to those platforms' terms.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, NON-INFRINGING, OR SUITABLE FOR PUBLICATION.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATION, BUSINESS OPPORTUNITIES, OR SOCIAL-MEDIA FOLLOWERS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, AI-GENERATED OUTPUTS, THIRD-PARTY PLATFORM ACTIONS (INCLUDING SUSPENSION OR TERMINATION OF YOUR SOCIAL ACCOUNTS), OR ANY CONTENT POSTED VIA THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THIS CAP APPLIES IN AGGREGATE ACROSS ALL CLAIMS AND IS AN ESSENTIAL ELEMENT OF THE BARGAIN.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions the above limitations apply to the maximum extent permitted by law.
12a. Dispute Resolution — Binding Arbitration & Class-Action Waiver
Please read this section carefully — it affects your legal rights. Except for claims for injunctive relief relating to intellectual property or the Acceptable Use Policy, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered under the then-current rules of a recognized arbitration body in the jurisdiction where the Company is registered. The seat of arbitration shall be that jurisdiction; the language shall be English.
Class-action waiver: You and the Company each agree that any dispute will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.
30-day opt-out: You may opt out of this arbitration agreement by sending written notice to legal@genzhook.com within 30 days of first accepting these Terms, stating your name, account email, and a clear statement that you wish to opt out of arbitration.
12b. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, your violation of these Terms, or your violation of any rights of a third party.
13. Service Availability
We strive for high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. Without limiting sections 1.1, 1.3, 1.4, or 18, we expressly reserve the right to modify, suspend, throttle, gate, paywall, restrict, deprecate, or discontinue any part or the whole of the Service at any time, in our sole and absolute discretion, with or without prior notice, and you waive any claim to refund, compensation, or damages arising from such action.
14. Termination
Without limiting sections 1.1, 1.3, 1.4, or 18, we may suspend, restrict, downgrade, lock, deactivate, or terminate your account, your subscription, your access to any feature or facility, or any third-party associated with your account at any time, with or without cause, with or without prior notice, and without obligation to justify or compensate. Reasons may include, without limitation: violation of these Terms; conduct harmful to other users, the Service, the Owner, or third parties; abuse of credits, rate limits, refunds, or chargebacks; commercial decisions of the Owner (including but not limited to discontinuing a plan, geography, integration, or vertical); regulatory, legal, or risk considerations; or any other reason the Owner deems sufficient in its sole discretion. Upon termination your right to use the Service ceases immediately, no refund or pro-rated credit is owed, and unused credits are forfeit. Sections on Limitation of Liability, Indemnification, Reservation of Rights (1.1), Information License (1.2), Benefits Reservation (1.3), Dynamic Pricing (1.4), Comprehensive Owner Protections (18), and Governing Law survive termination indefinitely.
15. Modifications
We reserve the right to modify, replace, supplement, or repeal these Terms — or any other policy referenced herein — at any time, in our sole and absolute discretion. The modified version becomes effective immediately upon posting unless we specify a later date. While we will endeavor to notify registered users of material changes via email or in-app notification, failure or delay in providing such notice does not invalidate the modification, nor does it give rise to any claim, refund, or right to compensation. Continued access to or use of the Service after the effective date constitutes your full and unconditional acceptance of the modified Terms; if you do not accept the modification your sole remedy is to stop using the Service.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where the Company is registered, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration or in the courts of the applicable jurisdiction.
17. Severability
If any provision of these Terms (or any portion thereof) is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable while preserving the parties' original intent — most notably, preserving the maximum protection of the Owner. The invalidity of one provision shall not affect the validity of any other.
18. Comprehensive Owner Protections — Industry-Standard SaaS Shields
The protections below are cumulative with sections 1.1, 1.2, 1.3, 1.4, 11, 12, 12a, 12b, 13, 14, 15, 16, and 17, and are incorporated by reference into every other policy published by the Owner. They apply to the maximum extent permitted by applicable law.
18.1 Force Majeure
The Owner shall not be liable for any delay, failure, suspension, degradation, or non-performance of the Service caused, in whole or in part, directly or indirectly, by any event or circumstance beyond its reasonable control, including without limitation: acts of God; natural disasters (earthquake, flood, wildfire, hurricane, pandemic, epidemic); war, armed conflict, terrorism, civil unrest, riot, insurrection, sabotage, or hostile cyber-operation; acts or omissions of governments, regulators, courts, or law-enforcement; embargoes, sanctions, export controls, or trade restrictions; strikes, lockouts, or labor disputes; failure or degradation of public infrastructure (electricity, internet, undersea cables, satellite, GPS, DNS root, certificate authorities); failure, withdrawal, throttling, deprecation, price-spike, rate-limit, or termination of any upstream third-party (including AI providers, hosting providers, payment processors, OAuth providers, social-media platforms, CDN, DDoS-mitigation, or any other vendor); zero-day vulnerabilities, novel attack techniques, or critical security incidents; mandatory or voluntary remediation downtime in response to any of the foregoing; AI-model hallucinations, drift, or capability changes; or any other condition not within the Owner's reasonable control. During any such event the Owner's obligations are suspended and you waive any claim to refund, credit, compensation, damages, or specific performance.
18.2 Sanctions, Export Controls & Regulatory Suspension
You represent and warrant on a continuing basis that you, your beneficial owners, your end-users, and any party benefiting from the Service through your account are not (i) located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S., EU, UK, UN, or other applicable embargoes or sanctions; (ii) listed on the U.S. OFAC SDN list, the U.S. BIS Entity List, the EU Consolidated List, the UK OFSI Consolidated List, the UN Sanctions List, or any analogous restricted-party list; or (iii) owned 50% or more, individually or in the aggregate, by any sanctioned party. The Owner reserves the absolute right to suspend, restrict, freeze, terminate, withhold balances, or refuse refund of any account that triggers a sanctions, export-control, anti-money-laundering, counter-terrorist-financing, fraud, KYC, or other regulatory flag, in its sole discretion, without notice, and without liability — including the right to retain funds pending investigation and to disclose information to authorities as required.
18.3 No Partnership, Joint Venture, Agency, Employment, or Fiduciary Relationship
Nothing in these Terms — and nothing in any course of dealing, marketing material, statement, screenshot, or AI-generated output — creates a partnership, joint venture, agency, employment, fiduciary, advisory, broker-dealer, or franchise relationship between you and the Owner. You have no authority to bind, obligate, or represent the Owner.
18.4 Assignment, Successors & Change of Control
The Owner may, at any time and without notice or consent, assign, novate, sublicense, transfer, sell, contribute, or otherwise dispose of these Terms (and all rights, obligations, and customer relationships hereunder), in whole or in part, to any affiliate, successor, acquirer, financier, or assignee — including in connection with a merger, acquisition, divestiture, asset sale, restructuring, financing, securitization, or change of control. You may not assign or transfer these Terms or your account, in whole or in part, without the Owner's prior written consent (which may be withheld in its sole discretion). Any attempted assignment by you in violation of this section is void.
18.5 Beta, Preview, Early-Access & Experimental Features
The Owner may, in its sole discretion, designate any feature, model, integration, dashboard, or program as "Beta", "Preview", "Early Access", "Experimental", "Alpha", "Lab", or similar (collectively, "Beta Features"). Beta Features are provided STRICTLY "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES OF ANY KIND, may be unstable or insecure, may produce inaccurate output, may be terminated or withdrawn at any time without notice, and are explicitly excluded from any uptime, performance, or support commitment. Use of Beta Features may also entail expanded telemetry capture for engineering purposes. Liability for Beta Features is capped at US$0. The Owner has no obligation to ever release any Beta Feature into general availability or to compensate any user reliance.
18.6 Anti-Circumvention & Account Multiplication
You shall not (and shall not permit any third party to): (a) create, register, operate, or use multiple accounts to evade rate limits, credit limits, free-tier limits, plan limits, abuse-strikes, suspension, termination, or any commercial restriction; (b) use VPNs, proxies, residential-IP networks, anti-fingerprinting tools, or device-spoofing techniques to circumvent geographic, jurisdictional, or anti-fraud measures; (c) chain or rotate payment instruments to evade chargeback, refund, or fraud rules; (d) use coupons, codes, or promotions outside their published eligibility; or (e) reverse-engineer, probe, fuzz, or attempt to derive credit-cost, AI-routing, or moderation rules. The Owner may detect such conduct via behavioral, device, network, and content fingerprinting, and may suspend or terminate any account so flagged in its sole discretion, without notice and without refund.
18.7 Right to Monitor, Audit, Investigate & Cooperate with Authorities
The Owner reserves the right (but disclaims any obligation) to monitor, log, scan, audit, and investigate any account, content, traffic pattern, integration, or output — using automated systems, human review, or both — for compliance, abuse-detection, fraud-prevention, security, regulatory, billing-integrity, or commercial-policy purposes. The Owner may preserve, disclose, copy, or transfer content, account information, telemetry, IP addresses, and device fingerprints (i) when required by applicable law, subpoena, court order, or other valid legal process; (ii) to enforce these Terms, the AUP, or any other policy; (iii) to protect the rights, property, or safety of the Owner, users, third parties, or the public; (iv) to cooperate with law enforcement (including pursuant to mutual-legal-assistance treaties); or (v) in response to credible threats, mandatory reporting (e.g., NCMEC), or regulatory inquiries. You waive any privacy or confidentiality claim inconsistent with this section, except where applicable mandatory law provides otherwise.
18.8 Identity Verification, KYC & Background Checks
The Owner reserves the right (without obligation), at any time and as a precondition to opening, continuing, expanding, or paying out from any account or program, to require identity verification, KYC/KYB documentation, source-of-funds attestation, beneficial-ownership disclosure, sanctions screening, anti-money-laundering checks, age verification, business-license verification, and (for partner/affiliate/payout programs) tax-form collection (W-8/W-9 or equivalent), bank-information verification, and background checks. Failure or refusal to complete any such verification — or any material discrepancy — entitles the Owner to suspend, restrict, terminate, or refuse payout (subject to applicable law on retaining funds).
18.9 Taxes, Withholding & Currency
All amounts payable to the Owner are exclusive of all taxes, levies, duties, VAT, GST, sales tax, withholding tax, digital-services tax, or similar charges, all of which are your responsibility. If applicable law requires you to withhold any amount from a payment to the Owner, you shall gross up the payment so that the Owner receives the full invoiced amount net of withholding. Any tax-form collection, foreign-exchange conversion, or currency-routing fee imposed by intermediaries is your cost. Conversely, where the Owner pays you (e.g., affiliate commissions), the Owner may withhold or deduct any tax it is required by law to withhold, and you shall be solely responsible for declaring such income and remitting any further tax due in your jurisdiction.
18.10 Late Payment, Collection & Interest
Without limiting any other remedy, overdue amounts accrue interest at the lesser of (a) 1.5% per month or (b) the maximum rate permitted by applicable law, calculated daily and compounded monthly, from the original due date until paid in full. You shall reimburse the Owner for all reasonable costs of collection, including agency fees, attorneys' fees, and court costs. The Owner may suspend or terminate the Service for non-payment, retry failed charges, attempt collection on file payment instruments, and refer overdue accounts to third-party collectors and credit-reporting agencies.
18.11 User Content License — Operations, Improvement, Marketing & Showcase
You grant the Owner a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to host, store, cache, transmit, route, format, transcode, encrypt, display, perform, copy, modify, derive, anonymize, aggregate, and distribute your inputs, prompts, generated outputs, and account metadata solely as necessary to (a) operate, secure, debug, and improve (in aggregate/anonymized form) the Service, (b) protect the Owner, users, and third parties, (c) comply with applicable law, and (d) — for content you affirmatively mark public, post via the Service to a public social account, or submit to a contest, leaderboard, gallery, or case-study program — quote, screenshot, repost, and use such content (with attribution where reasonably possible) for the Owner's marketing, sales, training of internal personnel (not foundation models), and promotional purposes. This license terminates with respect to non-public inputs upon deletion of the content or your account, subject to statutory retention. You waive any moral rights, droit moral, or analogous rights to the maximum extent permitted by law.
18.12 No Waiver; Cumulative Remedies
No failure or delay by the Owner to exercise any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right shall preclude any other or further exercise. The Owner's rights and remedies are cumulative and in addition to all other rights and remedies available at law or in equity.
18.13 Headings & Construction
Headings are for convenience only and do not affect interpretation. The words "include", "including", and "such as" are illustrative and not limiting. References to "sole discretion", "absolute discretion", or "unfettered discretion" mean that the Owner may decide the matter for any reason or no reason, with no obligation to act reasonably, in good faith, or consistently with past practice (except where applicable mandatory law imposes such an obligation that cannot be waived).
18.14 Notices & Electronic Communications
You consent to receive all notices, agreements, disclosures, and communications from the Owner electronically (email, in-app banner, SMS to a number you provide, or posting on the Service), and you agree that such electronic communications satisfy any legal requirement that they be in writing. Notices to the Owner must be sent to legal@genzhook.com (or any successor address posted on the Service). Notice is deemed given on the day of sending for emails (absent bounce) and on posting for in-app or website notices.
18.15 Statute of Limitations & Time-Bar
Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred. This shorter limitation period applies to the maximum extent permitted by law and replaces any longer statutory period.
18.16 Entire Agreement; Order of Precedence
These Terms, together with the Privacy Policy, Refund Policy, Disclaimer, Acceptable Use Policy, Cookie Policy, DPA, DMCA Policy, License & IP Notices, AI Training Policy, Sub-Processor List, Security and Incident-Response pages, and any plan-specific terms, constitute the entire agreement between you and the Owner regarding the Service and supersede all prior or contemporaneous agreements, proposals, marketing claims, screenshots, sales statements, and representations (whether oral or written). In the event of conflict, the order of precedence is: (1) any individually-signed enterprise MSA/Order Form (if any); (2) these Terms (sections 1.1, 1.2, 1.3, 1.4, and 18 prevailing over inconsistent earlier sections); (3) the Privacy Policy and DPA (where data-protection); (4) the Refund Policy (where billing); (5) the AUP (where conduct); (6) all other policies. Statements outside these documents — including statements by support staff, sales statements, screenshots, or AI-generated content — do not modify these Terms.
18.17 Third-Party Beneficiaries; Affiliates
These Terms do not confer any rights on any third party. The Owner's affiliates, sub-processors, officers, directors, employees, agents, contractors, investors, and assignees are intended third-party beneficiaries of the warranty disclaimers, limitation-of-liability, indemnification, arbitration, and reservation-of-rights provisions, and may enforce them directly.
18.18 Counterparts & Electronic Acceptance
These Terms may be accepted by clicking "I agree", by creating an account, by logging in, by using the Service, by paying any invoice, or by any conduct manifesting assent — each of which constitutes a binding electronic signature equivalent to a handwritten signature.
18.19 Anti-Cloning, Anti-Scraping & Anti-Training
You shall not (and shall not permit any third party to): clone, mirror, fork, reproduce, or rebrand the Service, the brand, the UI, the prompt-engineering recipes, the moderation rule-sets, the credit-cost economics, or any other proprietary element; scrape, bulk-export, or programmatically harvest outputs at scale; or use Service outputs (or any data derived therefrom) to train, fine-tune, evaluate, or distill any AI model, classifier, or competing product. Violators are subject to immediate termination, statutory and equitable damages, injunctive relief, and disgorgement of profits.
18.20 Backstop Catch-All — Reservation of All Unstated Rights
Any right, power, or discretion not expressly granted to you in these Terms is reserved to the Owner. No silence, omission, ambiguity, or failure to enumerate a specific scenario shall be construed against the Owner or in favor of an implied right in your favor. Where applicable law requires a written agreement to enumerate a specific protection, you agree that this catch-all reservation, together with the Universal Reservation of Rights (1.1), the Information License (1.2), the Discounts/Benefits Reservation (1.3), the Dynamic Pricing & FX clause (1.4), and this Comprehensive Protections section (18), constitutes such enumeration to the maximum extent permitted by law.
18.21 No Backup, Archive, or Long-Term-Retention Obligation
The Service is not a backup, archive, vault, escrow, document-management, business-continuity, or data-preservation service. The Owner has no obligation to retain, back up, archive, mirror, replicate, snapshot, restore, or otherwise preserve any user content, generated output, account data, integration token, scheduled post, or any other artifact beyond the operationally-convenient retention period the Owner unilaterally selects from time to time. You are solely responsible for maintaining your own backups of any content, settings, or output you wish to preserve. The Owner is not liable for, and you waive any claim arising from, any loss, corruption, deletion, retention-policy change, accidental purge, ransomware impact, hardware failure, software bug, vendor sunset, or other event affecting your data, even where caused by the Owner's negligence (to the maximum extent permitted by law).
18.22 No Service-Level Agreement, Uptime Guarantee, or Performance Commitment
Except where the Owner has executed a separate, individually-signed enterprise SLA in writing, the Service is provided with NO uptime guarantee, NO performance commitment, NO latency promise, NO throughput floor, NO scheduled-maintenance cap, and NO support-response target. Any uptime, reliability, latency, or performance figure mentioned anywhere on the Service, in marketing materials, on status pages, in screenshots, in blog posts, in AI-generated answers, or in oral statements is illustrative-only and creates no contractual entitlement. No outage, slowness, error, deprecation, or missed informal target gives rise to any service credit, fee waiver, refund, alternative compensation, or extension of paid term, and you waive any such claim except where applicable mandatory law provides otherwise.
18.23 Telemetry, Instrumentation & Performance-Engineering Rights
The Owner reserves the absolute right to collect, generate, derive, store, transmit, share with sub-processors, and act upon any telemetry, instrumentation, performance trace, error log, crash report, latency profile, click-stream, scroll-depth, viewport, device fingerprint, browser-API surface, network-path indicator, A/B-test exposure, feature-flag bucket, model-output-quality signal, abuse-score, fraud-score, risk-score, anti-bot challenge result, captcha outcome, biometric-style behavioral signal (e.g., typing cadence, mouse-movement entropy), or analogous engineering signal emitted by your interaction with the Service or its surfaces. The Owner may use such signals to (a) operate, debug, and improve the Service, (b) defend against abuse and fraud, (c) compute commercial KPIs, plan-tier qualification, dynamic pricing inputs, and credit-cost weights, and (d) train internal (non-foundation-model) classifiers and rule sets. Disabling or interfering with telemetry collection is a material breach.
18.24 Universal Right to Refuse Service
Without limiting any other reservation, the Owner may, in its sole, absolute, unfettered, and unreviewable discretion, refuse to provide, suspend, throttle, gate, lock, downgrade, or terminate any service, account, plan, feature, integration, top-up, payout, payment instrument, OAuth connection, API key, dataset export, or transaction to or for any user, prospective user, organization, payment instrument, jurisdiction, IP range, device fingerprint, account-cluster, affiliate, partner, or third party — at any time, with or without cause, with or without prior notice, and without any refund, credit-back, alternative compensation, or service credit of any kind. This right is exercisable for any reason or no reason, including (without limitation) commercial discretion, risk management, brand fit, capacity prioritization, or executive-level policy decisions, except where applicable mandatory anti-discrimination law of the relevant jurisdiction expressly prohibits a specific basis (in which case the prohibited basis alone is excluded; the right otherwise stands).
18.25 No High-Risk, Safety-Critical, or Life-Sustaining Use
The Service is a content-generation and social-media tool. It is not designed, tested, validated, certified, or warranted for, and shall not be used in connection with, any application where failure, inaccuracy, latency, downtime, or hallucination could cause death, personal injury, severe property damage, environmental harm, or large-scale financial loss — including (without limitation) safety-critical systems, life-support, surgical or medical-diagnostic, in-vitro diagnostics, drug dosing, aviation/aerospace navigation or control, weapons control, nuclear or radiological control, mass-transit signaling, autonomous-vehicle control, traffic control, emergency-response dispatch, real-time financial trading, election-tabulation systems, court-of-record transcription, or any other "high-risk" or "high-stakes" deployment under EU AI Act, ISO 26262, IEC 61508, IEC 62304, FAA, FDA, or analogous frameworks. You assume all risk of any such use and shall fully indemnify the Owner against all resulting claims.
18.26 Compliance with Laws — User's Sole & Exclusive Burden
You are solely responsible, at your own cost and risk, for ensuring that your use of the Service, your content, your audience targeting, your integrations, your data flows, and your commercial activities comply with all applicable laws, regulations, codes, industry standards, and platform policies of every jurisdiction in which you operate or to which you direct content, including (without limitation) GDPR, UK GDPR, Swiss FADP, CCPA/CPRA, COPPA, FERPA, HIPAA, GLBA, PCI-DSS, SOX, FCA/SEC/MAS rules, AML/CTF, CAN-SPAM, CASL, GDPR-K, CCDPA, EU AI Act, EU DSA, DMA, NIS2, Online Safety Act, ASA, FTC Act and Endorsement Guides, FCC, BSA/AML, OFAC, BIS, the platform-specific developer terms of every social network you connect, and any successor or analogous regime. The Owner is not your privacy officer, compliance officer, data-protection officer, AML officer, broker-dealer compliance, accessibility coordinator, or legal advisor, and the Service does not constitute professional advice. Your indemnification obligation extends to all claims arising from your non-compliance.
18.27 Anti-Bribery, Anti-Corruption & Anti-Money-Laundering
You represent and warrant that you have not, will not, and have not authorized any third party to, directly or indirectly, offer, give, promise, request, or receive any improper payment, gift, kickback, or thing of value in connection with the Service in violation of the U.S. Foreign Corrupt Practices Act, the UK Bribery Act 2010, the OECD Anti-Bribery Convention, or any analogous anti-bribery, anti-corruption, anti-money-laundering, or counter-terrorist-financing law of any applicable jurisdiction. You shall maintain books and records sufficient to demonstrate compliance with this section. Breach of this section is a material breach permitting immediate termination, claw-back of any commission or payout, and disclosure to authorities, in each case without any refund, credit-back, severance, or compensation.
18.28 No Insurance, Bond, or Financial-Strength Commitment
The Owner is not obligated to maintain any specific insurance policy, performance bond, escrow, errors-and-omissions cover, cyber-liability cover, technology-E&O, media-liability, general liability, professional indemnity, fidelity bond, or analogous financial-strength instrument, regardless of any reference, badge, certificate, screenshot, or marketing statement that may be displayed elsewhere. Any such instrument the Owner does maintain from time to time is for the Owner's benefit alone and confers no rights on you, your insurer, your subrogee, or any third party.
18.29 Equitable Relief Asymmetry — Owner's Special Protections
You acknowledge that any breach by you of the Acceptable Use Policy, the License & IP Notices, the anti-circumvention clause (18.6), the anti-cloning/anti-scraping/anti-training clause (18.19), the confidentiality clause (18.32), or any other intellectual-property or commercial-protection provision will cause the Owner immediate and irreparable harm for which money damages are inadequate. You consent to the Owner seeking and obtaining injunctive, declaratory, specific-performance, and other equitable relief, in any forum of the Owner's choosing, without bond, security, or proof of actual damage, in addition to all other remedies. Conversely, you waive any right to seek a preliminary or permanent injunction against the Owner's exercise of its Universal Reservation of Rights (1.1), Authorized-Use License (1.2), Benefits Reservation (1.3), Dynamic Pricing & FX clause (1.4), or this Comprehensive Protections section (18).
18.30 Sovereign & Jurisdictional Immunity Waiver
If you are, or are acting on behalf of, a sovereign, state-owned enterprise, government agency, ministry, central bank, public university, public hospital, regulator, or any entity entitled to assert sovereign, diplomatic, jurisdictional, or analogous immunity, you hereby irrevocably and unconditionally waive any such immunity (and any objection to forum, service, attachment, execution, or enforcement) in respect of these Terms, the Service, any payment dispute, any injunctive proceeding, and any judgment or arbitral award, to the maximum extent permitted by your governing law and any applicable international convention.
18.31 Anti-Bot, Anti-Scraping, Anti-LLM-Training (Site-Wide)
The marketing site, dashboards, documentation, blog, /tools pages, /compare pages, sitemap, RSS, JSON feeds, and all other Owner-published surfaces are protected by contractual, robots.txt, ai.txt, noai/noimageai meta tags, C2PA do-not-train manifests, TDM Reservation signals, and structural anti-scraping measures. You shall not (and shall not permit any third party to) scrape, crawl, harvest, mirror, archive, ingest, train upon, fine-tune upon, evaluate against, or distill from any such surface or its contents at scale, whether by human-driven or automated means, for any purpose, including LLM training, dataset augmentation, competitive intelligence, price-monitoring, or analytics — except for normal individual browsing and standard search-engine indexing. Violators are subject to immediate IP/ASN/device-fingerprint blocking, termination, statutory and equitable damages, disgorgement of profits, and recovery of attorney's fees.
18.32 Owner Confidentiality & Non-Disparagement
You shall hold in strict confidence and shall not disclose to any third party, post publicly, share with media, or use for any non-Service purpose, any of the Owner's non-public pricing (including custom-quote prices, dedicated/specialist plan rates, FX-buffer markups, surge multipliers, A/B-tested prices, or partner rates), internal admin surfaces, support communications, beta features and roadmap, credit-cost or credit-weight tables, fraud rules or moderation rules, security details (including any vulnerability you discover, which must instead be reported under our responsible-disclosure policy), onboarding screenshots labeled confidential, or any other information a reasonable recipient would understand to be confidential. You shall not disparage the Owner, its products, its officers, or its employees in any public forum, except for honest, good-faith reviews and except where applicable law expressly preserves a non-waivable speech right.
18.33 Feedback, Ideas & Suggestions — Outright Owner Ownership
Any feedback, suggestion, idea, comment, feature request, bug report, prompt-engineering technique, reproduction, screenshot, design proposal, marketing copy, or other contribution you submit (verbally, by email, in chat, by ticket, in a community channel, in beta testing, in research interviews, or otherwise) is contributed without any expectation of compensation, attribution, royalty, or equity, and is hereby assigned to the Owner, who may freely use, modify, exploit, sub-license, and commercialize the same, in whole or in part, in any product or service, with no obligation to you. To the extent assignment is ineffective for any reason, you grant the Owner a worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable, exclusive license to do all of the foregoing. You waive any moral rights to the maximum extent permitted by law.
18.34 Reference Customer, Logo Use & Marketing Rights
You grant the Owner the right to identify you as a customer by name, brand, handle, social-account, or domain, and to use your name, logo, brand mark, screenshots of your public posts, public testimonials, and any content you post via the Service or to any public-facing Owner property, in marketing materials, website case studies, sales decks, investor decks, social-media announcements, blog posts, AEO/SEO content, conference talks, and analyst briefings, royalty-free, until you withdraw consent in writing — provided that any printed materials already produced may continue to be used through their natural shelf life. You may opt out of public reference use at any time by emailing marketing@genzhook.com; the opt-out is prospective only.
18.35 Press Release, Case Study & Public-Statement Rights
The Owner may publish public statements, press releases, social-media posts, podcast mentions, or analyst commentary mentioning your usage of the Service in aggregate or anonymized form at any time without further consent. Identified or named publication uses Section 18.34 above. The Owner may also disclose customer counts, plan distribution, geographic distribution, vertical distribution, and any other aggregated metric for investor, analyst, regulatory, partner-channel, or marketing purposes.
18.36 Survival of Clauses Post-Termination
The following sections survive any termination, expiration, suspension, or non-renewal of these Terms or of your account, indefinitely or for the maximum period permitted by law: 1.1, 1.2, 1.3, 1.4, 6 (AI-generated content), 7 (intellectual property), 8 (Subscriptions & Billing — no refund), 11 (warranty disclaimers), 12 (limitation of liability), 12a (arbitration & class-action waiver), 12b (indemnification), 13–17, all of section 18, and any provision that by its nature should survive, including all reservations of rights, all licenses granted to the Owner (Sections 1.2, 18.11, 18.33, 18.34), all confidentiality and non-disparagement obligations (18.32), all anti-circumvention/anti-cloning/anti-scraping obligations (18.6, 18.19, 18.31), and the No-Refund Policy in its entirety.
18.37 Time is of the Essence; No Implied Grace Period
Time is of the essence in respect of every payment, every notice, every cancellation deadline, every cooling-off-window expiration (where applicable), every chargeback-pre-contact requirement, every KYC response, every sanctions-screening response, every audit response, and every other deadline imposed under these Terms. The Owner is under no obligation to grant any extension, grace period, courtesy notice, or waiver, and any informal accommodation in the past does not establish a course of dealing requiring future accommodation.
18.38 Geofencing, Geo-Suspension & Jurisdiction-Specific Rights
The Owner reserves the absolute right to geofence, geo-suspend, geo-throttle, geo-restrict, regionally launch, regionally retire, regionally re-price, or regionally re-feature the Service or any part of it, at any time, with or without notice, based on regulatory developments, sanctions, content laws, age laws, AI laws, copyright laws, tax laws, payment-network rules, fraud rates, abuse rates, or commercial discretion. Geographic restriction or change does not entitle you to any refund, credit-back, alternative compensation, plan extension, or service credit, even if it materially reduces the value of your existing subscription, top-ups, or remaining prepaid term.
18.39 Age Verification, Minors & Parental-Consent Compliance
The Service is intended for users at least eighteen (18) years of age (or the age of majority in your jurisdiction, whichever is higher). The Owner does not knowingly permit minors to use the Service or to be the data subject of content generated through the Service in ways that violate COPPA, GDPR-K, or analogous laws. The Owner reserves the right to demand age-verification documentation, to suspend or terminate any account suspected of underage use, and to delete associated content, all without refund or compensation. Compliance with parental-consent and child-safeguarding laws on any content you generate is your sole responsibility.
18.40 Open-Source Components & Third-Party Pass-Through
The Service incorporates open-source components, third-party libraries, third-party APIs, and third-party content licensed under various terms (MIT, Apache 2.0, BSD, ISC, MPL 2.0, GPL family where applicable, and proprietary). Such components are provided "AS IS" with no warranty, pass-through-only. The Owner has no obligation to indemnify, defend, or hold harmless any user against any third-party-component claim except to the limited extent the Owner has separately undertaken such obligation in writing.
18.41 Non-Solicitation of Owner Personnel
For the term of these Terms and for twelve (12) months after termination, you shall not, directly or indirectly, solicit for employment, hire, engage as an independent contractor, or otherwise retain any employee, officer, director, or principal contractor of the Owner with whom you had material contact through the Service, except via a general public job posting not specifically targeting Owner personnel. Breach permits the Owner to recover liquidated damages equal to one (1) year of the targeted person's total compensation, plus attorney's fees, as a reasonable estimate of harm.
18.42 No Reliance, No Parol Evidence, No Side Letters
You acknowledge that you have not relied on, and have no recourse for, any statement, promise, representation, warranty, projection, sales pitch, screenshot, demo, beta-feature description, marketing slogan, ROI calculator, AI-generated answer, or oral assurance not expressly contained in these Terms or the policies enumerated in 18.16. Parol evidence is excluded. Side letters, separate emails, support-chat assurances, and Sales-team commitments do not modify these Terms unless executed in writing by an authorized officer of the Owner.
18.43 No-Drafting-Party Construction
These Terms have been drafted by the Owner and its counsel for clarity and uniform application across customers. You waive any rule of construction that would resolve an ambiguity against the drafting party (contra proferentem). Both parties have had the opportunity to consult with counsel of their choosing.
18.44 Severability, Reformation & Blue-Penciling
If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be reformed (blue-penciled) to the minimum extent necessary to make it valid, legal, and enforceable while preserving its commercial intent in favor of the Owner to the maximum extent permitted by law. The remaining provisions continue in full force and effect. If reformation is not permitted, the offending provision is severed and replaced by a provision the parties would have agreed to had they known of the invalidity.
18.45 Owner's Successors, Assignees, Affiliates & Indemnitees — Direct Enforceability
Without limiting Section 18.4, the Owner's parents, subsidiaries, affiliates, successors, assigns, acquirers, financiers, securitization vehicles, joint-venture partners, contractors, sub-processors, payment processors, AI providers, hosting providers, officers, directors, employees, agents, and authorized resellers are third-party beneficiaries of these Terms (including 1.1–1.4, 11, 12, 12a, 12b, 18 in its entirety, and the No-Refund Policy) and may enforce them directly, in their own names, in any forum, with all of the Owner's rights and protections.
18.46 No Class, Mass, Coordinated, or Multi-Party Proceeding
Without limiting Section 12a, you may not bring, join, or participate in any class action, collective action, mass arbitration, multi-claimant filing, coordinated proceeding, or representative action against the Owner. Any attempt to consolidate, coordinate, or aggregate claims is prohibited, including coordinated mass-arbitration filings designed to impose disproportionate filing-fee leverage. The Owner may, in its sole discretion, elect to handle multi-claimant filings through bellwether procedures or by abating later-filed claims.
18.47 Privacy of Account Holder; Communications with Bill-Payer
Where the registered account holder differs from the bill-payer, organization owner, parent, employer, or guarantor, the Owner may, in its discretion and without further consent, communicate with the bill-payer or organization owner about the account's status, plan, charges, suspected abuse, payment failures, or termination, and may provide that party with access logs and audit information necessary to administer the relationship.
18.48 Force-of-Law Suspension & Mandatory-Compliance Override
Notwithstanding any other provision, the Owner may immediately suspend, restrict, modify, or terminate any account, feature, integration, content, payout, or commercial term where required to do so by any applicable law, court order, regulatory directive, sanctions designation, takedown demand, mandatory-reporting obligation, payment-processor instruction, or material-breach allegation, in each case in the Owner's sole assessment, with no obligation to litigate the underlying demand and with no refund, credit-back, alternative compensation, or service credit to you, even if the demand is later determined to have been invalid.
18.49 No Set-Off Against Owner's Invoices
You shall pay all amounts owed to the Owner without set-off, counterclaim, deduction, withholding (except as required by law and grossed-up per 18.9), or recoupment for any reason, including any disputed amount, alleged service deficiency, alleged warranty breach, or alleged owner-side debt to you. Any cross-claim must be pursued separately under the dispute-resolution mechanism in 12a.
18.50 Final Backstop & Most-Owner-Favorable Construction
Where two or more provisions of these Terms or the policies in 18.16 could each apply to a given situation, the provision most favorable to the Owner shall control, except where applicable mandatory law expressly requires otherwise (and then only to the absolute minimum the law requires). Where any provision could be read either narrowly or broadly, the broader reading in favor of the Owner's discretion shall apply. Where any reservation of rights could be read as either exclusive or illustrative, the illustrative reading (i.e., not limiting other reservations) shall apply. This Section 18.50 is a rule of construction and does not itself confer substantive rights beyond clarifying the intended interpretation of the rest of these Terms.
19. Contact
For questions about these Terms, contact us at legal@genzhook.com.