Terms of Service

Last updated: April 11, 2020

Genade Inc. (“Genade”, “Us” or “We”) provides the https://www.genade.co/ site and various related services (collectively, the “Site”) to you (“You”), the user (“User”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or “TOS”), as well as any other written agreement between us and you. In addition, when using particular services or materials on or related to this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this Site and related services after such modifications will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of this Site and related services with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on this service. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Overview of our Services

Genade provides the development and personalization of lead qualification, underwriting and insurance application form-filling chatbots for insurance agents, retail brokers, wholesalers and their clients. The “Service” does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service. Any modifications and new features added to the Service are also subject to this TOS. Genade reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title, and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Genade.

Minimum configuration requirements

To use the Service, the User must first purchase a Subscription plan at genade.co. Genade will organize an on-boarding session to define the personalization requirements and the service parameters.

To be able to use the Service, the User must install and maintain the chatbot on their channel of choice (website, WhatsApp for Business, or Facebook page), the “Channel”, duration of the Service usage period.

While Genade helps the User with the installation during the setup phase, the User alone is responsible for keeping the website functional,  private, and Genade declines all liability if the Service is used by a person other than the User or a person authorized by the latter, possessing the usernames and passwords to the User’s website content management system (or other Channel’s credentials).

User implementation is non-transferrable.

The User signs up for the Professional Service for the duration of their choice, ranging from one (1) month to one (1) year and pays via valid credit card on https://www.genade.co/

The Professional Service is tacitly renewed for the same period, except where the Service is cancelled by the User or Genade.

Meeting Scheduling Requests

Each property search request must be submitted separately by filling the form available on https://www.genade.co/

Fees

Third Party Software Tools and Payment Processors

Genade uses third party software to assist it in providing the Service. Such third party software services are required to have a privacy policy and  that is at least as protective of your information as those in our Privacy Policy. Your Data (as defined below) are currently processed using the third party vendors below:

Genade uses third party payment processors to assist it in processing your personally identifiable payment information securely. Such third party processors’ are required to have a privacy policy and security standards in place that are at least as protective of your information as those in our Privacy Policy. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.

Term and Termination

This TOS will continue in full effect unless and until your account or this TOS is terminated as described herein. Service plans that are paid monthly will automatically renew for additional months, and Service plans that are paid annually will automatically renew for additional years. You have the right to deactivate your account at any time by sending an email to: team@genade.co.

Monthly memberships can be deactivated at any time with no additional fees. If you deactivate, you will be charged for that month’s service (as well as all prior months of service), but we will not charge you for the month following the month in which you deactivate. Customers will lose access to Fact-Finder immediately following deactivation. Subscriptions may be deactivated by emailing team@genade.co.

Termination of Service

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We may cancel your monthly membership for any or no reason immediately upon notice to you but, if we do, we will give you a prorated refund at the standard monthly rate for any time period for which you have already paid. Moreover:

  1. Services may be terminated by us, without cause, at any time.
  2. Services may be terminated by you, without cause, by following the cancellation procedures set forth in the Term and Termination section.
  3. Genade may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
  4. Notice of termination of Services by Genade may be sent to the contact email associated with your account. Upon termination, Genade has the right to delete all data, files, or other information that is stored in your account. 

Rules

To ensure the quality of the Genade experience we have set up our Terms of Service for our mutual benefit. If you violate these rules it will mean you’ve broken the terms of service and this may result in a termination of your account. You agree to all of the following:

  1. You hereby certify that you are at least 13 years of age. Individuals under the age of 13 are prohibited from using the Site and Services.
  2. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
  3. You will not use the Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
  4. You will not use the Services or Site if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
  5. You will not use the Services or Site to impersonate another person.
  6. You will not use the Service or Site to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, cold sales emails, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of -solicitation.
  7. You will not share your access code, let anyone else access your account, or do anything that might jeopardize the security of your account.
  8. You verify that your country of residence is the same as your billing address.
  9. Genade has a zero tolerance policy for abusive language and/or abusive behavior towards our company, the Service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive will result in immediate irrevocable account termination without refund. Threats to sue, slander, libel, etc. will all be considered abuse.

Genade may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Genade reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.

Privacy

We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion Disclosures of user information to third parties are further addressed in the Privacy Policy.

Your Data Rights and Related Responsibilities.

  1. Genade is by design exposed to emails we are explicitly copied on through the Services. You may submit various types of information and data into the Services for insurance information and applications purposes (“Your Data”). Your Data means any data and content you transmit to Genade or is otherwise made available via the Services. Your Data includes messages you send, property address information, profile information and anything else you enter or upload into the Service or Site. Genade will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security. For more information on our current practices and policies regarding data privacy, please see Privacy Policy; we keep that document updated as these practices and policies evolve over time.
  2. In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you, to make backups to prevent data loss, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the Service to you, only for the purpose of providing the Service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.
  3. If any Users send us any feedback or suggestions regarding the Service, you grant Genade an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
  4. Genade reserves the right to use your name as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential Genade customers. For example, we might list your company on one of our webpages under lists of Genade customers. We don’t want to list customers who don’t want to be listed, so you may send an email to team@genade.co stating that you do not wish to be used as a reference.

Disputes

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of New York without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in NY, New York, USA and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by Genade (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.