Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Genesys AI platform, our website(s), including thelist.app and thegenesys.ai and any successor URL(s), and all related products, software, documentation, and digital services (collectively, the “Service”) provided by THEHOLD Inc. (“Genesys AI”, “we”, “our”, or “us”).

By accessing or using the Service, you confirm that you have read and agreed to these Terms and that you have authority to bind the organization on whose behalf you are acting. Commercial terms — including pricing, fees, and payment arrangements — are governed exclusively by the contract agreed between your organization and Genesys AI and are not addressed in these Terms.

Please also read our Privacy Policy at thegenesys.ai, which describes how we collect and use personal information.

1. The Service

Genesys AI provides an AI- and automation-powered platform that enables enterprise customers to create, optimize, and distribute supply-side SKU listings across global marketplaces. The Service is intended for enterprise use only. By accessing the Service, you represent and warrant that you are doing so on behalf of a business entity and not as an individual consumer.

We reserve the right to modify or discontinue the Service or any part of it at any time. Where a change would materially affect your use of the Service, we will use reasonable efforts to provide advance notice.

2. Account Registration and Acceptable Use

To access the Service you must register for an account. You agree to provide accurate and complete information at registration and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Please notify us immediately at privacy@thegenesys.ai if you become aware of any unauthorized use.

You must be at least 18 years of age to use the Service. You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Service in violation of any applicable law or regulation;
Submit any content that is unlawful, infringing, defamatory, or otherwise objectionable;
Attempt to gain unauthorized access to any part of the Service or its underlying systems;
Reverse engineer, decompile, or attempt to derive the source code or algorithms of the Service;
Use automated means to access or interact with the Service other than those expressly provided by Genesys AI;
Interfere with or disrupt the integrity or performance of the Service;
Use the Service to develop a competing product or service;
Remove any proprietary notices or marks on or in the Service;
Use the Service to generate content that is unlawful, harmful, or offensive, including content that exploits or sexualizes minors;
Use Outputs in a misleading way, including misrepresenting the AI-generated nature of content where required to be disclosed by applicable law.

We reserve the right to suspend or terminate access for any User we reasonably believe has breached these Terms.

3. AI-Specific Terms

Nature of outputs: The Service uses artificial intelligence and automation to generate marketplace listings and related content (“Outputs”). Outputs are generated by AI models and may not always be accurate, complete, or suitable for your specific purposes. You are responsible for reviewing and validating all Outputs before use or publication. Outputs should not be relied upon as a substitute for professional, legal, or regulatory advice.

Marketplace compliance: Genesys AI does not guarantee that Outputs will comply with the requirements of any particular marketplace, jurisdiction, or regulatory framework. You are solely responsible for ensuring that listings you publish meet all applicable marketplace and legal requirements.

4. Intellectual Property

Model improvement: We may use anonymized and aggregated data derived from your use of the Service to train, evaluate, and improve our AI models. We will not use your identifiable customer data or proprietary SKU data for this purpose without your prior written consent.

Our IP: The Service, including all software, algorithms, models, interfaces, and documentation, is and remains the exclusive property of THEHOLD Inc. and its licensors. These Terms do not grant you any ownership rights in the Service. All rights not expressly granted are reserved.

Feedback: If you provide feedback or suggestions relating to the Service, you grant Genesys AI a non-exclusive, perpetual, irrevocable, royalty-free licence to use such feedback for any purpose, including improving the Service and its underlying models.

5. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential (“Confidential Information”). Each party agrees to use Confidential Information only for the purposes of these Terms, to protect it with at least the same care it uses for its own confidential information, and not to disclose it to any third party without prior written consent except to employees or contractors who need to know and are bound by equivalent confidentiality obligations.

Confidential Information does not include information that:

Your IP: You retain all ownership rights in the data, content, and materials you submit to the Service (“Customer Data”), including your SKU data, product information, and brand assets. You grant Genesys AI a limited, non-exclusive licence to use Customer Data solely to provide the Service to you and as otherwise set out in these Terms.

is or becomes publicly known through no breach of these Terms;
was rightfully known before disclosure;
is rightfully received from a third party without restriction; or
is required to be disclosed by law or court order, provided prompt written notice is given to allow the disclosing party to seek a protective order.

Outputs: Genesys AI retains rights in the AI models, templates, and methodologies used to generate Outputs. Subject to your compliance with these Terms, you are granted a non-exclusive, worldwide licence to use, reproduce, and publish Outputs for your business purposes and on third-party marketplaces. Genesys AI does not claim ownership of the specific product information and brand content you contribute to the Outputs.

Your Customer Data and proprietary SKU data are your Confidential Information. Genesys AI’s AI models, algorithms, and pricing are Genesys AI’s Confidential Information.

6. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GENESYS AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GENESYS AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY OUTPUTS WILL BE ACCURATE OR COMPLETE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GENESYS AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION. GENESYS AI’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER YOUR CONTRACT WITH GENESYS AI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

7. Term and Termination

These Terms commence on the date you first access the Service and continue until terminated. Either party may terminate these Terms by providing thirty (30) days’ written notice, or immediately if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of written notice.

Upon termination: all licences granted to you will cease; you must stop using the Service; and each party will promptly return or destroy the other party’s Confidential Information upon request. Sections 4, 5, 6, 8, and 9 survive termination.

8. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to Section 9, each party submits to the exclusive jurisdiction of the courts of the State of Delaware.

Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute informally by written notice and good-faith negotiation for a period of not less than thirty (30) days.

9. EU, UK, and General Provisions

EU and UK users: If you access the Service from within the EEA, UK, or Switzerland, nothing in these Terms affects your rights under the mandatory laws of the country in which your business is established, and disputes may be brought before the courts of that country where required by applicable law. To the extent the Service involves processing of personal data subject to the GDPR or UK GDPR, the parties will enter into a data processing agreement upon request. Please contact privacy@thegenesys.ai.

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Relationship of the parties: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Force majeure: Neither party will be liable for failure or delay caused by circumstances beyond its reasonable control.

Notices: Notices to Genesys AI should be sent to privacy@thegenesys.ai or by mail to: THEHOLD Inc., 6 Saint Johns Lane, New York, NY 10013, United States.

Entire agreement: These Terms, together with the Privacy Policy and your contract with Genesys AI, constitute the entire agreement between the parties with respect to the Service.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Changes to Terms: We may update these Terms at any time. We will notify you of material changes at least thirty (30) days before they take effect. Continued use of the Service after that date constitutes acceptance.

Severability: If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions continue in full force.