Terms of Service | GenieForge

1. Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between you and GenieForge Technologies Inc., a corporation organized under the laws of Canada ("GenieForge," "we," "us," or "our"), governing access to and use of the GenieForge platform, websites, and related services (the "Platform").

By creating a Builder account, clicking to accept these Terms, or otherwise using Builder features of the Platform, you ("you" or "Builder") agree to these Terms. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

For purposes of these Terms, the following definitions apply: "Builder" means a business or individual who creates a GenieForge account, subscribes to the Platform, and builds, deploys, and operates one or more Apps. "App" means an AI-powered application created by a Builder using the Platform. "End-User" means a person who accesses or uses a Builder's App. "Credits" means the internal currency used by the Platform to measure and charge for AI operations, compute tasks, and other resource consumption. "HIPAA App" means an App for which the Builder has enabled HIPAA mode. "PHI" means protected health information as defined under HIPAA.

End-Users of applications built on GenieForge are governed by the separate End-User Platform Terms, not by the Builder-specific sections of these Terms (including billing, HIPAA enablement, marketplace publishing, and controller obligations).

If you do not agree, do not use the Platform.

2. Description of Service

GenieForge is an AI application builder, development environment, runtime, and hosting platform. It enables Builders to build, deploy, monitor, and operate AI-powered applications ("Apps") through a conversational build interface that translates plain-language descriptions into working application components, including pages, forms, tools, automations, integrations, databases, AI agents, and workflows, without requiring the Builder to write code.

The Platform assembles Apps from composable building blocks and pre-existing platform primitives. An AI-powered product manager embedded in the Platform identifies missing platform capabilities during the build process, generates enhancement proposals, and enables GenieForge to close those gaps in the underlying platform before the build loop continues.

Builders may deploy Apps for their own End-Users, who interact with the App through a dedicated End-User interface. Apps may be organized into separate tenant or project environments ("Projects"), allowing each End-User or group of End-Users to operate within an isolated data and configuration space. A person who registers on an App may become the owner of a Project within that App, with control over their own Project environment and data.

The Platform captures usage information automatically, including page views, feature interactions, user journeys, AI agent activity, workspace usage, and communications generated by the App. Builders can review this information through dashboards and can query usage data through the Platform's AI interface. This data is used to operate the Platform and to surface improvement proposals as described in Section 8 (Feedback and Usage Signals) and our Privacy Policy.

The Platform may also support a Model Context Protocol ("MCP") server option, enabling Builders to connect external AI tools that support MCP (for example, ChatGPT, Claude, or Cursor) to a GenieForge App so that those tools can interact with or modify App configuration and data. MCP operations consume Credits.

We may offer feature-flagged, preview, or experimental capabilities. Those capabilities are provided "as is" under Section 15 (Beta, Experimental, and Evolving Features).

3. Eligibility

You must be at least 18 years old to create a Builder account. The Platform is not directed at individuals under 13. You may not use the Platform if you are barred under applicable sanctions or export-control laws.

4. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to:

Provide accurate and complete registration information
Promptly update your information if it changes
Notify us immediately of any unauthorized access to your account
Use strong, unique passwords and not share credentials

We are not liable for loss or damage arising from unauthorized access resulting from your failure to safeguard credentials, except to the extent caused by our breach of these Terms.

We may suspend access as described in Section 17.

5. Your Content and Data

Ownership

You retain all rights to the content you create on GenieForge, including Apps, tools, configurations, prompts, schemas, and data you upload or store ("Your Content"). We do not claim ownership of Your Content. Ownership of Your Apps and of the Platform Technology underlying them is described further in Section 16 (Intellectual Property).

License to Us

You grant us a limited, non-exclusive, worldwide license to host, process, transmit, display, and otherwise use Your Content to:

Provide, maintain, secure, and support the Platform (including backups, abuse prevention, and legal compliance)
Review App blueprints and related Builder materials as described in Platform Improvement Review below
Describe the kind of App you built in general terms as described in Describing the Kinds of Apps Built on GenieForge below
Record optional product analytics events as described in our Privacy Policy. Those events use the event type, internal identifiers, counts, and fixed categories, and page views also record the page path with identifiers removed. They do not include the names you give your Apps, projects, jobs, or tools, or other free text. Account-linked events are recorded only if you turn product analytics on

This license does not replace any privacy consent required by law. This license ends when Your Content is deleted from our active systems, subject to residual copies in backups, logs, and analytics records retained as described in our Privacy Policy and Section 17.

Platform Improvement Review

Authorized GenieForge personnel may occasionally inspect Apps to improve the Platform. Typical review focuses on:

App blueprints (for example tools, pages, schemas, prompts, and configurations)
Builder conversations and related build activity, when needed to understand how the Platform was used

Purpose of these reviews is limited to product improvement, such as making the Platform more robust, identifying missing Platform primitives, and learning from general usage patterns, and to the general descriptions allowed under Describing the Kinds of Apps Built on GenieForge below. Insights may inform our product roadmap. We do not claim ownership of Your Content through these reviews, and we do not publish your confidential App materials.

Limits:

Reviews are performed by authorized personnel under access controls, not as a public or customer-facing feature
As a Platform policy, we do not use Your Content or conversations to train or fine-tune AI models
We do not use these reviews to provide your App or confidential materials to other customers
HIPAA-enabled Apps under a BAA are excluded from product-improvement inspection of App content and conversations, except as permitted under the BAA for Platform services, security, or support
End-User business data and End-User chat are not the focus of product-improvement review; if such data appears incidentally in materials we review, we treat it under our processor / Business Associate obligations

Describing the Kinds of Apps Built on GenieForge

We may describe, in general terms, the kind of App you built and the work it supports, for example "a landscaping company schedules crews and sends quotes" or "a property manager tracks maintenance requests from tenants." We may use these descriptions on our website and in marketing and sales materials, and we may draw on Platform Improvement Review to write them. These descriptions:

Do not name you, your organization, your App, or your End-Users, and do not use your logo or quote you, unless you give us permission
Do not include End-User data, data stored in your App, screenshots of your App, or figures from it
May change or generalize details so the description does not identify your business
Do not cover HIPAA-enabled Apps unless you give us written permission

You may opt out at any time by emailing legal@genieforge.ai. We will stop using descriptions of your App in new materials and remove them from our website within a reasonable time.

AI-Generated Content

Content generated by AI models in response to your prompts is yours to use, subject to these Terms and third-party model provider terms that may apply to outputs. We do not claim ownership of AI-generated outputs. Similar outputs may be independently generated for other users; no exclusivity or uniqueness is implied.

Your Content Is Not Used for Training

As a Platform policy, we do not use Your Content, your build conversations, or your End-Users' data to train or fine-tune AI models. AI providers process prompts and related context as needed to generate responses under our arrangements with those providers. See our Privacy Policy and Subprocessors.

Review Responsibility

You are solely responsible for reviewing, testing, and approving AI-generated tools, pages, configurations, and other outputs before using them in production or with End-Users. AI outputs may be inaccurate, incomplete, or behave unexpectedly. GenieForge does not guarantee that generated applications satisfy laws, regulations, professional standards, or industry-specific requirements merely because they were generated by the Platform.

6. End-User Data and Responsibility

When you build and deploy Apps, End-Users (and visitors to public forms or intake flows) may provide personal information. With respect to that data:

You are the data controller (or equivalent under applicable law). You determine what data your App collects, how it is used, and who has access to it.
GenieForge is the data processor (or service provider / business associate, as applicable). We process End-User data on your behalf to operate the Platform.
You must provide appropriate privacy notices to End-Users (including via the Platform privacy-notice tooling where required).
You are responsible for obtaining required consents and establishing a lawful basis for processing.
You must not collect or store End-User data in violation of applicable law.
You are responsible for responding to End-User rights requests; we will provide reasonable assistance consistent with the Platform and any Business Associate Agreement ("BAA") or data processing terms in place.
You must publish and maintain End-User-facing terms of use and a privacy notice covering your App's data practices before making your App available to End-Users. GenieForge publishes End-User Platform Terms and an End-User Privacy Policy that govern the Platform's own data processing in connection with End-Users; these do not replace your obligation to provide App-specific terms and notices.
Where your App operates with separate tenant or Project environments, you are responsible for ensuring that each Project owner and each End-User within that Project receives appropriate notice of your data practices, the scope of their Project environment, and any rights they have with respect to their data.
You are responsible for ensuring that any End-User billing or access restrictions you configure comply with applicable consumer protection, subscription, and e-commerce laws in the jurisdictions where your End-Users are located.

7. Customer-Directed Integrations and Transfers

The Platform allows you to connect third-party services (for example via OAuth), call outbound HTTP endpoints, send email, text messages, or push notifications, use optional tools (such as web search, transcription, form captcha, or currency conversion), and otherwise direct data to destinations you choose ("Customer-Directed Transfers").

You are solely responsible for Customer-Directed Transfers, including the lawfulness of the transfer and the third party's terms and security.
GenieForge does not control those third parties and is not liable for their acts or omissions.
For HIPAA-enabled Apps, you must not send Protected Health Information (PHI) to vendors or destinations outside the Platform's HIPAA-permitted boundary, and you must configure allowlists and integrations accordingly. Technical restrictions may apply; they do not replace your compliance obligations.
If you connect an external AI tool through MCP and allow it to read data in your App, the data it reads is sent to that tool. That transfer is a Customer-Directed Transfer, and the tool's own terms and privacy practices apply to that data. Do not allow MCP data reads for an App that holds PHI unless that tool is covered for PHI under your own agreements and the BAA permits it.

Text Messages (SMS)

If text messaging is turned on for your App, your App can send text messages from a phone number we provide and assign to your App, or from a phone number on a texting account you connect. You provide that account's credentials, and messages are sent through that account. You are the sender of those messages. You are responsible for:

Obtaining and keeping valid consent from each recipient before your App texts them, for the purpose your App names, and in the form the law requires for that purpose (including any written consent required for marketing messages)
The content, timing, and frequency of your messages
Complying with the laws and industry rules that apply to text messaging, including the U.S. Telephone Consumer Protection Act, Canada's Anti-Spam Legislation (CASL), and mobile carrier and messaging provider requirements
Honoring opt-out requests, including requests made other than by replying STOP

The Platform records consent and opt-outs and blocks messages to recipients without a matching consent record or who have opted out. These controls help you comply. They do not replace your obligations. A record you supply stating that a recipient consented is your representation that the consent is valid.

We may suspend or limit texting for your App, or release a phone number we assigned, if we reasonably believe messages violate these Terms, the law, or carrier or provider rules, or if a carrier or provider requires it. Phone numbers we assign remain ours and are not transferable. A number on an account you connect stays yours. Text messaging is not available for HIPAA-enabled Apps. Messages sent from a number we assign are processed by our messaging provider as listed on our Subprocessors page. Messages sent through an account you connect are sent to that account. That transfer is a Customer-Directed Transfer, and that provider is not a GenieForge subprocessor.

8. Feedback and Usage Signals

If you or your Apps submit feedback, bug reports, feature requests, product-assistant messages, usage signals, or similar suggestions ("Feedback"), you grant GenieForge a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and otherwise exploit Feedback to operate and improve the Platform and our products.

Feedback does not include, and this license does not extend to, ownership of Your Content, your App's End-User business data, or End-User personal data. We will not publicly attribute Feedback to you without your consent, except as needed to provide support or as required by law.

Usage signals captured inside an App, including page-level signals, action signals, user journeys, AI agent interactions, and workspace activity, remain subject to your role as controller of End-User data. We process those signals to operate and improve the Platform on your behalf.

Enhancement proposals generated by the Platform's AI product manager from usage signals or build activity are reviewed by GenieForge personnel under access controls. These reviews are used to identify and close gaps in the Platform's capabilities. They are not used to share your confidential App materials with other customers or to train AI models.

9. HIPAA and Regulated Data

If you enable HIPAA mode for an App (including sandbox, pending BAA, or enabled status):

You represent that you are a Covered Entity or Business Associate under HIPAA (or are acting for one) and have a legitimate need to process PHI through the Platform.
You must execute a BAA with GenieForge before transmitting PHI in production. Do not place PHI in the Platform until the applicable HIPAA status and BAA requirements are met.
You remain responsible for your Covered Entity or Business Associate obligations, including Notices of Privacy Practices and individual rights.
HIPAA mode activates the following technical safeguards, which are designed to restrict PHI to an AWS-only processing boundary: (a) AI model traffic is routed exclusively through AWS Bedrock; non-AWS AI providers are blocked for HIPAA Apps; (b) product events tied to a HIPAA App are not recorded, and no analytics data from HIPAA App usage is sent to any third-party analytics service (account-level events not tied to an App, such as signing up or billing changes, may be recorded for a Builder who also has a HIPAA App only if that Builder has turned product analytics on, and those events contain no PHI and no free text); (c) OpenAI image generation is blocked for HIPAA Apps because OpenAI has not executed a Business Associate Agreement with GenieForge; (d) support impersonation access requires multi-factor authentication, is limited to thirty (30) minutes per session, expires automatically, and is logged so that the affected user can see that impersonation occurred; (e) audit records are stored in append-only tables, and deletion of those records requires a specially controlled role; (f) data is encrypted at rest, and data in transit is encrypted using TLS 1.2 or higher over public networks and on Platform connections to databases, caches, and managed cloud services, while traffic inside the private cloud network between a Platform load balancer and the application workloads behind it is protected by network segmentation and access restrictions and may not be separately encrypted; and (g) audit records are retained for a minimum of six (6) years where HIPAA documentation retention applies, and ordinary security and operational logs are retained for no more than 2,192 days unless applicable law requires longer (that operational maximum is not a requirement to keep every log for six years). These safeguards are part of GenieForge's obligations under a BAA and do not replace your own HIPAA compliance program. They are not a certification that your App is "HIPAA compliant."
Disabling HIPAA mode after activation is not permitted.
Some Platform features, including certain End-User payment features described in Section 13, may be unavailable or restricted for HIPAA Apps.

Order of precedence for PHI/HIPAA: If a BAA is in effect between you and GenieForge, the BAA controls for PHI and HIPAA matters to the extent of conflict with these Terms. These Terms control for all other matters.

If you process regulated data (health, financial, legal, children's, or other sensitive categories) without enabling the appropriate compliance features and agreements, you do so at your own risk, and GenieForge bears no liability for resulting violations to the maximum extent permitted by law.

The Platform and AI outputs do not constitute medical, legal, financial, or other professional advice.

10. Marketplace and Publishing

If you publish an App blueprint or listing to a marketplace or similar catalog (when that feature is available to you):

You grant GenieForge a license to host, display, and distribute the published materials to installers as needed to operate the marketplace.
You grant installers a license to import and use the published blueprint in their own workspaces, subject to any license terms you state in the listing.
You represent that you have rights to publish the materials and that they do not infringe third-party rights.
Marketplace availability may be feature-flagged and may change.

Export/import and marketplace install carry App configuration (the "blueprint"), not End-User business data or chat history, unless we expressly state otherwise.

11. Acceptable Use

You may not use GenieForge to:

Violate any applicable law or regulation
Infringe the intellectual property, privacy, or publicity rights of others
Build or operate Apps that facilitate harassment, fraud, phishing, spam, illegal surveillance, or unlawful discrimination
Exploit, abuse, or endanger minors, or generate or distribute child sexual abuse material
Transmit malware, viruses, or other harmful code
Attempt unauthorized access to GenieForge systems, other users' data, or third-party systems
Circumvent usage limits, security controls, HIPAA restrictions, or billing mechanisms
Resell, white-label, or redistribute the Platform itself without our prior written authorization (Apps you build for your End-Users are permitted)
Scrape, crawl, or bulk-download the Platform except via documented APIs we expressly permit. Using Builder MCP inspect tools (including authoring manuals, type catalogs, and sandbox docs) to author Apps on GenieForge is permitted. Enumerating those materials to reproduce a competing builder, train a model, or redistribute them is not. A documented API is not a dump license.
Perform load, penetration, or security testing without our prior written consent
Use the Platform to train competing foundation models or AI systems on Platform outputs or non-public Platform materials
Use the Platform in violation of sanctions or export-control laws

We may investigate suspected violations and suspend or terminate accounts as described in Section 17, with or without notice depending on severity and legal risk.

12. Billing and Payments

Subscription fees are billed in advance on a monthly or annual basis, as selected at checkout or in your account.
Usage-based charges (including AI credits and compute) are billed based on actual consumption, credit packs, or auto top-up settings you configure.
Insufficient credits may result in AI or compute features being unavailable until credits are replenished.
Fees are exclusive of applicable taxes, which you are responsible for paying.
All fees are non-refundable unless otherwise stated by us in writing or required by law.
We may change pricing upon notice (email, in-app, or on our pricing page). Price changes apply prospectively from the effective date stated in the notice. Continued use after that date constitutes acceptance.
If payment fails, your subscription may enter a past-due state. After a grace period of seven (7) days from the end of the paid period (or as otherwise stated in-product), we may suspend or limit access, including Builder features and App operation that depend on an active subscription.
Payment processing is handled by Stripe. We do not store full card numbers.
GenieForge Credits function as a common internal currency for measuring and charging Platform resource consumption. Credits are consumed for AI operations (including model inference, agent runs, and tool calls), compute tasks, image generation (where permitted), voice transcription, outbound text messages sent from a number we provide, MCP operations, and other resource-intensive Platform functions. Texts sent through a texting account you connect are billed by that account, not as Credits. The number of Credits consumed by an operation depends on the underlying resources used (for example, the AI model selected and the size of the request). Your Credit consumption is reported in your account, and consumption rates may be updated from time to time upon notice.
You may configure automatic credit top-ups through your account. Auto top-up charges will be processed to your payment method on file when your credit balance falls below a threshold you set. You are responsible for monitoring your credit balance and top-up settings.
Optional subscription add-ons, including MCP server access, are available at the rates shown in your account when you add them. Add-on subscriptions are billed in advance and are non-refundable unless otherwise stated.

13. End-User Billing and Stripe Connect

This Section governs the collection of payments from your End-Users through the Platform. The Builder-GenieForge billing relationship is addressed separately in Section 12.

Builder-Set Pricing

You may offer membership plans, Credit packs, and, where available, one-time charges (such as invoices or deposits) to your End-Users within your App. All pricing, terms, and any feature-access restrictions are determined solely by you. GenieForge is not a party to the payment arrangement between you and your End-Users.

Stripe Connect

End-User payments are processed through Stripe Connect. You must connect a valid Stripe account and agree to Stripe's then-current terms of service, including its Connected Account Agreement. End-User payments settle to your connected Stripe account. GenieForge facilitates the payment flow on your behalf but does not hold or control your End-User revenue.
GenieForge retains an application fee of five percent (5%) of each End-User payment processed through the Platform, in addition to Stripe's own processing fees. We may change this fee upon notice, or agree a different fee with you in writing. The then-current fee applicable to your App is shown in App Settings when you connect your Stripe account.
GenieForge does not act as merchant of record for End-User payments except under a separate written agreement with you.

Credits Within Your App

Credits made available to your End-Users through your App, whether included in a membership plan or purchased as a Credit pack, are Credits you obtain from GenieForge. Credits consumed within a Project are drawn from that Project's balance, which limits what an End-User may use. When an End-User uses those Credits, the same number is deducted from your Builder Credit balance at the time of use. That deduction can happen through your auto top-up settings. If your Builder Credit balance is insufficient, AI features in your App may continue for a limited grace period and then pause until your balance is replenished. Plan Credits are granted each billing period, subject to caps we may apply to prevent accumulation. Where GenieForge is merchant of record under a separate written agreement with you, End-User Credit use is not also deducted from your Builder Credit balance.
You set the price of Credit packs your End-Users purchase. We show you an estimate of your cost and fees when you set that price.

Builder Responsibilities

You are solely responsible for all applicable taxes, levies, and withholding obligations on payments you receive from your End-Users.
You are responsible for setting and communicating your own refund and dispute policies to your End-Users. GenieForge is not liable for chargebacks, refunds, or payment disputes between you and your End-Users.
You must comply with applicable consumer protection, subscription, and payment laws in the jurisdictions where your End-Users are located, including any requirements relating to recurring billing disclosures, cancellation rights, and refund obligations.

Feature Availability

End-User billing is enabled by GenieForge on a per-App basis and may not be active on your account at the time you enter into these Terms. Some payment features may be unavailable or restricted for HIPAA Apps. GenieForge will notify you when the feature is available and applicable to your account.

14. Service Availability

The Platform is an evolving product. We strive for high availability but do not guarantee uninterrupted, timely, or error-free service. We do not offer a service-level agreement, uptime percentage, or service credits unless set out in a separate written order signed by GenieForge.

We may:

Perform scheduled or emergency maintenance
Modify, update, or discontinue features at any time
Temporarily suspend the service for security incidents or operational emergencies

For HIPAA-enabled Apps, backup and recovery practices are described in security documentation we may provide under a BAA or diligence request. Those materials are informational and do not create a separate warranty or SLA unless expressly stated in a signed order or BAA.

15. Beta, Experimental, and Evolving Features

The Platform is under active development. Features labeled beta, preview, experimental, sandbox, or similarly, features controlled by feature flags, and new or changing capabilities generally, are provided as is without warranties of any kind. They may be incomplete, contain bugs, change, or be withdrawn at any time. Do not use them for production PHI, regulated workloads, or other critical use cases unless we have expressly designated them as permitted for that use in writing (including under a BAA).

16. Intellectual Property

The GenieForge Platform, including its software, design, documentation, model prompts that are part of our system, and branding, is owned by GenieForge and protected by applicable intellectual property laws. Authoring manuals, apply schemas, Forge and page contracts, and sandbox docs returned over MCP or in the Builder product are Platform materials, not the Builder's content. These Terms grant you only a limited, non-exclusive, non-transferable right to access and use the Platform as permitted herein, including using those materials to author Apps on GenieForge. You may not reverse engineer, decompile, or create derivative works of the Platform except to the extent such restriction is prohibited by law.

Builder-Owned Applications

You retain ownership of the applications you build on the Platform ("Your Apps"), including the content, configurations, prompts, data schemas, and business logic specific to your App. Nothing in these Terms transfers ownership of Your Apps to GenieForge.

Platform and Reusable Components

GenieForge owns the Platform and all of its underlying technology, software infrastructure, reusable components, tools, libraries, AI model configurations, documentation, know-how, and generalized implementation techniques (collectively, "Platform Technology"). This includes components assembled or incorporated into Your Apps as part of the Platform's operation. Your use of the Platform does not convey any ownership interest in Platform Technology.

Implementation Reuse

GenieForge may reference, reuse, and apply general implementation patterns, integration techniques, and platform-level know-how derived from its experience building and operating applications across its customer base, including in connection with applications built for or by you. This includes: (a) developing, improving, or generalizing Platform features and primitives that address capability gaps identified during any build; and (b) building, generalizing, and offering to other Builders integrations with third-party services (for example, a connector to a scheduling, membership, or payments service) that were first developed in connection with your App. This right applies only to non-customer-specific information, generalized methods, and technical approaches. It does not permit GenieForge to copy, disclose, or otherwise make available to third parties your customer-specific code, data, credentials, branding, configuration details, business processes, or confidential business logic.

Transferred Projects

If you and GenieForge enter into a separate written agreement that expressly transfers specified deliverables to you (a "Project Agreement"), GenieForge will transfer ownership of those deliverables as set out in that Project Agreement. No transfer of ownership occurs by default under these Terms. Platform Technology incorporated into any deliverable is licensed, not transferred, and remains subject to these Terms. Moving an App or its blueprint between GenieForge accounts (for example, by export and import or an in-product App transfer) changes which account controls Your Content; it is not a transfer of ownership of Platform Technology and is not a Project Agreement.

17. Suspension, Termination, and Account Closure

Suspension by Us

We may suspend or limit access immediately if we reasonably believe you have violated these Terms, pose a security risk, fail to pay fees after the grace period, or if required by law. For material breach that is curable and does not present acute security or legal risk, we will provide a reasonable opportunity to cure when practicable.

Termination by Us

We may terminate your account for uncured material breach, non-payment, illegal activity, or as required by law. We will provide reasonable notice when possible.

Closure by You

You may request closure of your Builder account at any time by emailing privacy@genieforge.ai (or using any in-product account-closure path we later provide). Upon closure:

Your Apps will be deactivated and End-Users will lose access.
We will delete or anonymize your personal data from active systems within a commercially reasonable period, subject to legal retention requirements and the time needed to complete deletion across systems.
Deleted data may remain in encrypted backups for up to twelve (12) months, until those backups expire. We do not restore deleted data from a backup for an individual record except where required by law.
Billing and tax records are retained as required by law.
For HIPAA Apps, PHI is returned or destroyed following termination as set out in the applicable BAA. Where return or destruction is not feasible (for example, Security Rule audit records, or locked backups within their retention period), the protections of the BAA continue to apply to that PHI. A scheduled retention period for ordinary security and operational logs does not by itself make return or destruction infeasible. Where return or destruction is infeasible, we document the basis, keep that PHI only while return or destruction remains infeasible, and return or destroy it when feasible, subject to applicable legal retention requirements. Audit records associated with HIPAA Apps are retained for a minimum of six (6) years where HIPAA documentation retention applies. Ordinary security and operational logs are retained for no more than 2,192 days, unless applicable law requires longer.
Where reasonably feasible, we will provide an opportunity to export App blueprint configuration before deletion. Blueprint export is not a complete personal-data portability package; for privacy rights requests, see our Privacy Policy.

18. Data Processing and International Transfer

GenieForge Technologies Inc. is incorporated and headquartered in Canada. Platform infrastructure is hosted in the United States on Amazon Web Services. Personnel in Canada may access systems and data as reasonably necessary to operate, support, and secure the Platform. Your use of the Platform involves the transfer and processing of personal data in the United States and Canada. We process Builder personal data as a controller for account administration, billing, and communications, and as a processor for End-User data you direct us to process on your behalf. We may rely on legally recognized transfer mechanisms and safeguards as permitted by applicable law.

For Builders subject to PIPEDA or applicable Canadian provincial privacy law: you may request access to and correction of personal information we hold about you by contacting privacy@genieforge.ai.

Additional data processing terms applicable to End-User personal data may be set out in a BAA or data processing agreement between you and GenieForge.

19. Copyright and IP Complaints

If you believe material on the Platform infringes your copyright or other IP rights, send a notice to legal@genieforge.ai with:

Your contact information
Identification of the work claimed to be infringed
Identification of the material and its location on the Platform
A statement of good-faith belief that the use is not authorized
A statement that the information is accurate, and under penalty of perjury that you are authorized to act
Your physical or electronic signature

We may remove or disable access to material and, where appropriate, terminate repeat infringers.

20. Indemnification

You agree to indemnify and hold harmless GenieForge Technologies Inc. and its officers, directors, employees, and agents from any third-party claims, damages, losses, or expenses (including reasonable legal fees) arising out of or related to:

Your use of the Platform
Your violation of these Terms
Your Apps and the data they collect or process
Customer-Directed Transfers you configure
Your failure to comply with applicable laws, including HIPAA if you process PHI
Messages your App sends, including any claim that a recipient did not consent
Any dispute between you and your End-Users or other third parties

21. Disclaimers and Limitation of Liability

To the maximum extent permitted by law:

The Platform is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Platform or AI-generated content will be accurate, reliable, complete, secure, uninterrupted, error-free, or free of harmful components.
You are solely responsible for evaluating whether the Platform is suitable for your use case, including any regulated, clinical, financial, or mission-critical use. We do not warrant that your App will meet any particular legal, industry, or compliance requirement.
We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, business interruption, or cost of substitute services, arising from your use of the Platform, even if we have been advised of the possibility of such damages.
We are not liable for loss or corruption of Your Content or End-User data except to the extent caused by our willful misconduct, and then only subject to the cap below.
Our total aggregate liability for all claims relating to the Platform shall not exceed the lesser of (a) the amounts you paid us for the Platform in the three (3) months preceding the claim, or (b) five hundred Canadian dollars (CAD $500). If you have paid us nothing in that period, our aggregate liability shall not exceed one hundred Canadian dollars (CAD $100).
We are not liable for third-party services, Customer-Directed Transfers, model providers, or End-User disputes.

Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes liability that cannot be excluded under applicable law (including fraud or willful misconduct).

22. Dispute Resolution

Negotiation

The parties will first attempt in good faith to resolve any dispute arising out of these Terms or the Platform by contacting legal@genieforge.ai and negotiating for at least thirty (30) days.

Binding Arbitration

If negotiation fails, the dispute shall be resolved by binding arbitration administered by the ADR Institute of Canada (or, if unavailable, a mutually agreed Canadian arbitration body) under its applicable rules. The seat of arbitration shall be Toronto, Ontario, Canada. Proceedings shall be in English. The arbitration shall be confidential except as needed to enforce an award or as required by law.

Individual Claims Only

To the maximum extent permitted by law, disputes must be brought in the parties' individual capacities only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims of multiple parties without consent of all parties.

Carve-Outs

Either party may seek interim or injunctive relief in a court of competent jurisdiction in Toronto, Ontario, to protect intellectual property or confidential information, or to stop unauthorized access to the Platform. Either party may bring an individual claim in small claims court if the claim qualifies.

HIPAA / BAA Disputes

Disputes arising under a BAA regarding PHI or HIPAA obligations are resolved as specified in that BAA.

23. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to Section 22, the courts of Ontario sitting in Toronto have exclusive jurisdiction for matters not subject to arbitration. Mandatory consumer protection rights that cannot be waived under applicable law remain unaffected.

24. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new Version and Last Updated date. For material changes, we will provide notice via email and/or in-app notification when practicable. Unless we state a later effective date, changes take effect when posted. Continued use of the Platform after the effective date constitutes acceptance. If you do not agree, you must stop using the Platform and request account closure.

25. General

Entire agreement. These Terms, together with the Privacy Policy, any Order, and any BAA or data processing agreement we execute with you, constitute the entire agreement regarding the Platform and supersede prior or contemporaneous agreements on the subject.

Order of precedence. In case of conflict: (1) a signed Order or BAA (for its subject matter), then (2) these Terms, then (3) policies referenced herein.

Severability. If any provision is found unenforceable, the remaining provisions continue in full force.

Waiver. Failure to enforce a provision is not a waiver.

Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or successor in connection with a merger, acquisition, or sale of assets.

Notices. Notices to GenieForge must be sent to legal@genieforge.ai. Notices to you may be sent to the email on your account or via in-app notification.

Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.

Export and sanctions. You represent that you are not located in, and will not use the Platform for the benefit of, any sanctioned country or prohibited party under Canadian or U.S. law.

Survival. Sections that by their nature should survive (including ownership, feedback license, indemnification, disclaimers, liability limits, dispute resolution, and general terms) survive termination.

Relationship. The parties are independent contractors.

26. Contact

For questions about these Terms:

Email: legal@genieforge.ai
Entity: GenieForge Technologies Inc.