Terms of Service Market Genius AI Terms of Use
Last Updated on April 20, 2025.
These Terms of Use govern your access to and use of www.market-genius- ai.com and any website, platforms, or mobile applications that link to these Terms (collectively “Site”).
Market Genius AI, Inc., a California corporation, (together with its affiliates, “we”, “us”, “our” and “Market Genius AI”) may update these Terms or any additional terms related to this Site to reflect changes to the law, this Site, or our business. If you do not agree to these Terms or any updated Terms, you must stop using this Site.
The term “you” refers to the business professional visiting this Site and/or contributing content to this Site. If you are accessing or using this Site on behalf of a business, that business accepts these Terms, and the term “you” also refers to that business.
Use of this Site is prohibited in any jurisdiction that does not give effect to all provisions of these Terms.
THESE TERMS INCLUDE A DISPUTE RESOLUTION AND ARBITRATION PROVISION, ALONG WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS REGARDING DISPUTES WITH US AND RELATED PARTIES, APPLICABLE IF YOU ARE IN THE UNITED STATES OR IN JURISDICTIONS WHERE SECTION 11 IS NOT PROHIBITED. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW IN SECTION 11.
1. USE OF THIS SITE
By using this Site, you represent and warrant that (a) all information you provide is accurate and complete, (b) if you have a Market Genius AI account (“Registered User”), you will safeguard your account information and are responsible for all account activity, (c) you are at least 18 years old, (d) you will use this Site solely for business and professional purposes only and never for personal, family, or household purposes, and (e) you will comply with these Terms and applicable law. We reserve the right to deny access to anyone for any reason, including violations of these Terms.
2. REVIEWS, COMMENTS, AND INTERACTIVE AREAS
Market Genius AI is not responsible and assumes no liability for any content posted, stored, or uploaded by you or third parties, nor for any associated loss or damage. We are not liable for any inaccuracies, defamation, slander, libel, omissions, falsehoods or offensive material you may encounter.
While we assume no obligation to monitor or edit content, we reserve the right to remove, screen, or edit any content at our discretion and without notice. You are responsible for backing up any content you post.
We may remove reviews or comments that do not meet quality standards, including those copied from other sources, irrelevant responses, defamatory comments, illegal content, or those indicating non-professional use or have been generated by an AI language model except for language translators. Additionally, we may remove content from users lacking critical identifying information on their Market Genius AI or LinkedIn™ profiles.
3. LICENSE AND CONSENT TO USE CONTENT AND SUBMISSIONS.
Market Genius AI is a platform that allows you to post your sentiments about software products and services. By submitting content to this Site (“Submissions”), you grant Market Genius AI and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to (a) use your Submissions worldwide, and (b) use your name, email and other personal information, including your likeness. You also irrevocably grant the users of the Service the right to access and use your content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your content. Your Submission may be used in several ways, including by publicly displaying it, reformatting it, incorporating it into advertisements, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
You are prohibited from including confidential or proprietary information from third parties in your Submissions. Your Submissions, along with any personal information, may be used by us, our affiliates, and sublicensees across various platforms, including advertising and marketing materials.
Concerning reviews included in your Submissions, to the fullest extent permitted by law, you irrevocably waive all rights related to all liabilities, claims, or actions (collectively, “Claims”) arising directly or indirectly from the use of your Submissions. This waiver includes any Claims resulting in whole or in part from the negligence.
You represent and warrant that (a) you are at least 18 years old, and have full authority to grant the rights outlined herein, (b) all statements and information you provide are true and accurate, and that the rights and licensees granted herein do not and will not violate any right (including copyright, trademark, trade secret, privacy or publicity) or violate any agreements or commitment to third parties, and that no consent or authorization from, or any payment to, any third party is required in connection herewith.
If you retain moral rights (including rights of attribution or integrity) in the Submissions, you agree that: (a) you do not require personally identifying information to be associated with your Submission, (b) you have no objections to the publication, use, modification, deletion or exploitation of the Submission by Market Genius AI or its licensees, successors, and assigns; (c) you waive any moral rights as an author, and (d) you release Market Genius AI, and its licensees, successors, and assigns, from any claims related to these rights.
The content on this Site, and the infrastructure used to provide such content, is proprietary to us unless otherwise stated in these Terms. The content and information on this Site, including messages, data, text, images, and software, are proprietary to us unless otherwise stated in these Terms. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any such content obtained from or through this Site.
4. ARTIFICIAL INTELLIGENCE (“AI”)-POWERED CHATBOT
Chatbots generate text responses (“Output”) based on your text inputs or prompts (“Input”). By using our AI-powered Chatbot(s) (each, a “Chatbot,” and collectively, “Chatbots”), you grant Market Genius AI a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use Inputs in any media, worldwide. Market Genius AI may use Inputs to provide, maintain, train, and improve Chatbots, comply with applicable law, and enforce its policies. If you do not want Inputs to be used for the foregoing reasons, your sole and exclusive remedy is not to use the Chatbots.
Market Genius AI utilizes AI technology developed by OpenAI, L.L.C. (“OpenAI”) to power Chatbots. You acknowledge that You are subject to OpenAI Terms & Policies available at https://openai.com/policies (or replacement URL) for use of the Chatbot.
Market Genius AI does not guarantee accuracy of any Output generated by Chatbots. Due to the probabilistic nature of machine learning and AI, the Output may be erroneous or nonsensical, so you should not assume or rely on its accuracy. The Output generated may not be unique, and Chatbots may produce similar or identical Output for others.
You represent and warrant that you will not, and will not allow others to (a) mislead anyone into thinking Output is human-generated, (b) include any personally identifiable information or “Biometric information” as defined in the Illinois Biometric Information Privacy Act in your Data or Input, (c) include content that infringes or violates third-party rights in in your Data or Input, (d) include in your Data, or use Chatbots to generate, any content that (i) promotes hate, harassment, or violence, (ii) is illegal, sexual, political, harmful, false, fraudulent or misleading, (iii) misuses data, (iv) contains malware or unsolicited bulk content, or (v) exploits or harms children, or encourages self-harm, (e) use Chatbots for activities which pose high risks of economic or physical harm, offer financial, legal, or medical advice, or relate to adult content, adult industries, political campaigning or lobbying, or high-risk government decision making, (f) reverse engineer or attempt to discover the source code or underlying components of Chatbots, except as permitted by law, (g) use Chatbots to develop foundation models or other large scale models that compete with Market Genius AI or OpenAI, (h) extract data from Chatbots, using scraping, harvesting, web data extraction methods or similar methods; (i) use Chatbots in any jurisdiction not listed at https://platform.openai.com/docs/supported-countries (or replacement URL), or (j) sell or share any Output from Chatbots.
5. LIABILITY DISCLAIMER
THE INFORMATION, ANY CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, OR SERVICES ON THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. MARKET GENIUS AI DOES NOT GUARANTEE THEIR ACCURACY AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS REGARDING TECHNOLOGY PRODUCTS AND RELATED SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, SCREENSHOTS, VIDEOS, LIST OF PRODUCT AND SERVICE FEATURES, VENDOR COMPANY INFORMATION, GENERAL PRODUCT DESCRIPTIONS, ETC.). MARKET GENIUS AI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY INFORMATION OR SERVICES ON THIS SITE, AND THEIR INCLUSION DOES NOT IMPLY ENDORSEMENT BY Market Genius AI.
ALL SUCH INFORMATION OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Market Genius AI DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SERVERS, CONTENT, OR EMAILS, INCLUDING THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
MARKET GENIUS AI, WHICH INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE. THIS INCLUDES ANY ISSUES RELATED TO DELAY OR INABILITY TO ACCESS OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, OR SERVICES OBTAINED OR ACCESSED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE AND EVEN IF Market Genius AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the risk allocation between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Market Genius AI.
6. INDEMNIFICATION
You agree to defend and indemnify Market Genius AI, its affiliates and licensees, and their officers, directors, employees, and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or expenses, legal and accounting fees, arising from (a) your breach of these Terms and all terms incorporated by reference, (b) your violation of any law or third party rights, or (c) your use of this Site. Market Genius AI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Market Genius AI. Market Genius AI will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
7. LINKS TO THIRD-PARTY SITES
This Site may contain links to third-party websites or platforms for your convenience. It is your responsibility to ensure that any links or software you use are free from harmful elements, like viruses or malware. Market Genius AI does not control, endorse, sponsor, or accept any responsibility for these third-party websites. If prompted by a third-party site (like LinkedIn or Facebook) to link your profile, this is optional, and you can disable this link at any time. You agree to direct any concerns relating to these third-party websites to the relevant third-party website administrator.
8. Third‑Party Products & Services (Marketplace Transactions)
Independent Sellers. The Marketplace portion of the Service lists software, SaaS subscriptions, professional services, and other offerings (“Third‑Party Offerings”) that are marketed and sold solely by the third‑party vendor identified on the listing (“Seller”). Market Genius AI is not the seller of record, reseller, distributor, employer, principal, or agent of any Seller.
No Participation in the Contract. When you decide to purchase, license, subscribe to, or otherwise obtain a Third‑Party Offering, the resulting contract is strictly between you and the Seller. Market Genius AI is not a party to that contract and has no responsibility for (a) fulfilment, delivery, performance, or support of the Third‑Party Offering; (b) the accuracy or completeness of any Seller description or documentation; or (c) compliance with laws or regulatory requirements that apply to the Third‑Party Offering.
No Warranty or Endorsement. Market Genius AI disclaims all warranties, express or implied, related to any Third‑Party Offering, including fitness for a particular purpose, merchantability, non‑infringement, or that any Third‑Party Offering will meet your requirements. A listing on the Platform does not constitute an endorsement, recommendation, or guarantee by Market Genius AI.
Release & Limitation of Liability. To the fullest extent permitted by law, you release Market Genius AI, its affiliates, officers, directors, and employees from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to a Third‑Party Offering or your dealings with a Seller. In no event will Market Genius AI be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.
Indemnification. You agree to defend, indemnify, and hold harmless Market Genius AI and its affiliates from and against any claim, demand, or loss arising out of or related to (a) the purchase, license, use, or inability to use any Third‑Party Offering, or (b) any breach of a contract or other dispute between you and a Seller.
Disputes With Sellers. You are solely responsible for resolving any dispute, claim, or controversy with a Seller, including those relating to refunds, defects, delays, data privacy, intellectual‑property infringement, or any other matter concerning the Third‑Party Offering. Market Genius AI has no obligation to intervene, mediate, or otherwise participate in such disputes.
Transactional Data. Market Genius AI may receive referral fees, commissions, or other consideration from Sellers in connection with purchases you make via the Platform. These commercial arrangements do not create any responsibility or liability for Market Genius AI regarding the Third‑Party Offering. Survival. This Section survives any expiration or termination of the Terms and applies to all past, present, and future Marketplace transactions.
9. Eligibility Criteria for Gift Card Incentives
The following users are prohibited from receiving incentives of any kind in exchange for their Market Genius AI review:
Community members who are employees, officers, directors, agents of Market Genius AI, Inc., its subsidiaries, and affiliated companies, and their immediate families; Community members who are government and public sector employees; Community members whose company policies prohibit the acceptance of gifts in the context of business transactions; Community members who are individuals (or who are acting on behalf of individuals) (1) subject to, (2) residing in countries or (3) employed by organizations identified in any government sanctions watchlist, including but not limited to the US Department of Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated Nationals List or other sanctions list
10. EXPORT CONTROL
You may not use, export, or re-export any aspects of this Site (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, U.S. and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
11. COPYRIGHT AND TRADEMARK NOTICES
This Site and all translations are the property of Market Genius AI and are protected by U.S. and international copyright law and conventions. Market Genius AI grants you the right to access and use this Site. User acknowledges that access to and use of this Site is subject to these Terms, and any expanded access or use must be approved in writing by Market Genius AI. The look and feel of this Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Market Genius AI and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Market Genius AI.
Other logos, products, and company names mentioned herein may be the trademarks of their respective owners. Mention of products or services does not imply endorsement by Market Genius AI. If you believe there is an infringement of your brand or ours, please notify us according to our Copyright Complaint Policy by contacting us support@market-genius-ai.com
12.1 Definitions
“Claim” means any past, present, or future dispute, controversy, or cause of action between you (or anyone acting through you) and Market Genius AI (or any affiliate), arising out of or relating to these Terms, the Services, or any relationship between the parties—regardless of the legal theory and regardless of when the Claim arose.
“Consumer” has the meaning in the JAMS Consumer Arbitration Minimum Standards of Procedural Fairness (rev. May 1, 2024).
12.2 Election to Arbitrate & Governing Law
If you are located in the United States or in any jurisdiction that permits arbitration, you and Market Genius AI agree to resolve every Claim exclusively by final, confidential arbitration, except for the carve‑outs in § 12.3. This provision is a “written agreement to arbitrate” under the Federal Arbitration Act (“FAA”), which governs its interpretation and enforcement.
12.3 Carve‑outs (Claims That May Proceed in Court)
Small‑Claims Court. Either party may bring an individual Claim in small‑claims court if it qualifies and remains on an individual basis. IP/Confidentiality Injunctions. Either party may seek injunctive relief in court to prevent misuse of its intellectual property or confidential information.
12.4 Opt‑Out Right
You may opt out of arbitration by sending a signed, written notice to support@market‑genius‑ai.com or Market Genius AI, 548 Market St., Suite 13648, San Francisco, CA 94104, USA, within 60 days after (a) first accepting these Terms or (b) first using the Services—whichever is earlier. Your notice must state: “I opt out of the arbitration agreement,” and include your name, postal address, email, and phone number. No other method is valid. If a third party sends the notice, it must consist of proof of authority.
12.5 Mandatory Informal Resolution
Before starting arbitration, the complaining party must email a written Notice of Dispute to legal@market-genius-ai.com and engage in good‑faith negotiations for 60 days. The email must state (i) your full name and contact info, (ii) a brief description of the Claim, and (iii) the specific relief requested.
12.6 Arbitration Administrator & Rules
Administrator. Arbitration will be administered by JAMS under its Comprehensive Arbitration Rules & Procedures. Consumers. If you are a Consumer, the JAMS Consumer Arbitration Minimum Standards control any conflict with the Comprehensive Rules. Mass Filings. The parties opt in to the JAMS Mass Arbitration Procedures & Guidelines (May 1, 2024).
12.7 Venue & Hearing Format
Hearings will be conducted by secure videoconference unless the arbitrator determines that an in‑person proceeding is required for a fundamentally fair process. California residents or entities. If an in‑person hearing is required, it will take place in the California county where you reside or maintain your principal place of business, unless we mutually agree to a different location. All other users. If an in‑person hearing is required, it will be held at the JAMS San Francisco Resolution Center (Two Embarcadero Center, Suite 1500, San Francisco, California 94111) or at another California venue agreed to in writing by all parties.
12.8 Fees & Costs
Consumers (SB 940). Market Genius AI pays all JAMS filing and arbitrator fees beyond the lesser of (i) the fee to file in California Superior Court or (ii) USD $250. Business‑to‑Business Claims. The filing party pays the first USD $750 in administrative fees; remaining arbitration fees are split 50/50, subject to fee‑shifting for frivolous claims/defenses <$1 000 Claims. For any Claim under USD $1 000, Market Genius AI will reimburse your filing fee upon written proof of financial hardship. Mass Filings. If the JAMS mass-arbitration fee schedule applies, it governs. Own Attorneys’ Fees. Each side pays its own lawyers and experts unless a statute awards fees to the prevailing party.
12.9 Bellwether Process for Mass Arbitrations
If the same counsel (or a coordinated group) files 75 or more similar demands, the parties will select 10 bellwether cases, with all others stayed, in accordance with JAMS Mass Arbitration Procedures § 9. Any stay tolls statutes of limitation and lasts no longer than one (1) year unless all parties consent.
12.10 Class & Representative Action
Waiver All proceedings are individual only—no class, collective, coordinated, consolidated, representative, or private‑attorney‑general actions. If this waiver is deemed unenforceable for a specific Claim, that Claim must proceed in court while arbitration of all other Claims continues.
12.11 Confidentiality
The arbitration, including pleadings, evidence, and awards, is confidential and may be disclosed only as required by law or to enforce an award.
12.12 Arbitrator’s Powers & Appeal
Powers & Appeal apply the FAA and, where not pre-empted, California law (including statutes of limitation). Provide a reasoned, written decision. Award damages or equitable relief allowed by law and this Section; punitive or exemplary damages only if a statute or controlling federal law expressly permits. Either party may appeal under the JAMS Optional Arbitration Appeal Procedure.
12.13 No Automatic Stay on Appeal (SB 365)
If a court denies a motion to compel arbitration, trial court proceedings continue during any appeal, pursuant to Cal. Civ. Proc. Code § 1294 as amended by SB 365 (2024).
12.14 Severability & Survival
Section 12 remains in effect after the termination of the Services. If any part is unenforceable, the remainder remains in force, except that if the class‑action waiver (§ 12.10) is invalidated, this entire arbitration agreement is void.
12.15 Judicial Forum if Arbitration Fails
If this arbitration provision is found unenforceable for a particular Claim, that Claim (other than small‑claims matters) shall be litigated exclusively in the state or federal courts located in San Francisco County, California, USA. Both parties consent to venue and personal jurisdiction in that location and waive any right to a jury trial. WAIVER OF RIGHT TO LITIGATE. By agreeing to these Terms and unless you opt out under § 12.4 you knowingly and voluntarily waive your right to litigate Claims in court before a judge or jury and instead accept binding arbitration on the terms above.
13. COPYRIGHT COMPLAINT POLICY
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe in good faith that any materials accessible on or from this website (the “Site”) infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: Your physical or electronic signature. An identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works. An identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as a link to the material. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). The following statement: “I have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.” The following statement: “I swear, under penalty of perjury, that the information in this written notice is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner, of an exclusive right that is allegedly infringed.” Our designated Copyright Agent to receive DMCA Notices is: Legal MarketGenius.AI, Inc. 174 Jordan Ct 94043 Mountain View, California legal@market-genius-ai.com If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following: Your physical or electronic signature. An identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access was disabled. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or access to it was disabled as a result of a mistake or misidentification of the material to be removed or to which access was to be disabled.” The following statement: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or, if I reside outside the United States, for any judicial district in which the Site may be found) and I will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.” Completed Counter-Notices should be sent to: Legal Market Genius AI 174 Jordan Ct Mountain View, California legal@market-genius-ai.com The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Repeat Infringer Policy It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
14. Artificial Intelligence Terms & Conditions
These Artificial Intelligence Terms & Conditions (“AI Terms”) are entered into by and between you and Market Genius AI, Inc. (together with its affiliates, “we”, “us”, “our” and “Market Genius AI”).). These AI Terms govern your access and use of Market Genius AI’s artificial intelligence (“AI”)-powered chatbot(s) (each, a “Chatbot”, and collectively “Chatbots”). The terms “you” and “your” refer to the individual or entity using or purchasing a Chatbot. If you entered into a Master Service Agreement or similar agreement with Market Genius AI for Market Genius AI’s Services (“Agreement”), these AI Terms are incorporated into that Agreement and “you” will refer to “Client.” Any capitalized term used not defined herein has the meanings set forth in the Agreement at https://www.MarketGenius.AI/legal/master-service-agreement. BACKGROUND: You wish to purchase or use a Chatbot as a feature on your Market Genius AI profile page on www.MarketGenius.AI and any website, platforms, mobile applications provided by Market Genius AI (“Site”) or on your own website. The term “use” means use, access, interact with, provide input into, or receive output from. Subject to these AI Terms, a Chatbot acts as a virtual assistant, engaging with third parties, including potential customers (collectively, “Users”), to promote software product(s)/service(s), answer User inquiries, and perform other functions. Chatbots are built by Market Genius AI using OpenAI’s API with custom embeddings, trained on specific textual data you provide, including sales enablement data (for example, Gong call transcripts, training materials, other information) (“Your Data”). Chatbots generate text responses (“Output”) based on a User’s text inputs or prompts (“Input”).
14.1. USE OF CHATBOTS
During the Term (as defined in Section 7 below), Market Genius AI grants to you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use Chatbots by these AI Terms and any applicable Service Order(s). You agree to comply with these AI Terms and all applicable laws and regulations while using Chatbots. Between Market Genius AI and you, Market Genius AI owns all rights, title, and interest in the Chatbots. 14.2. THIRD PARTY PROVIDERS Market Genius AI utilizes AI technology developed by OpenAI, L.L.C. (“OpenAI”) to power Chatbots. You acknowledge that all Users are subject to OpenAI Terms & Policies available at https://openai.com/policies (or other replacement URL) (“OpenAI’s Terms”).
14.3. YOUR DATA
You will provide Your Data to Market Genius AI in text format only. As between Market Genius AI and you, you retain all rights to your Data, but you grant Market Genius AI a non-exclusive, perpetual, worldwide, transferable, and irrevocable license to use Your Data. Market Genius AI may use Your Data to comply with applicable law, enforce its policies and terms, and improve its Services. You are responsible for Your Data, including ensuring that it does not violate any applicable law or these AI Terms. Market Genius AI has no confidentiality obligations regarding any Input and information you provide to Market Genius AI, including your Data.
14.4. ACCURACY
Market Genius AI does not guarantee the accuracy of any Output generated by Chatbots. Due to the probabilistic nature of machine learning and AI, the Output may be erroneous or nonsensical, so you should not assume or rely on its accuracy. The Output generated may not be unique, and Chatbots may produce similar or identical Output for others.
14.5. ACCEPTABLE USE
You represent and warrant that you will not, and will not allow others to (a) mislead anyone into thinking Output is human-generated, (b) include any personally identifiable information or “Biometric information” as defined in the Illinois Biometric Information Privacy Act in Your Data or Input, (c) include content that infringes or violates third-party rights , (d) include in Your Data, or use Chatbots to generate, any content that (i) promotes hate, harassment, or violence, (ii) is illegal, sexual, political, harmful, false, fraudulent or misleading, (iii) misuses data, (iv) contains malware or unsolicited bulk content, or (v) exploits or harms children, or encourages self-harm, (e) use Chatbots for activities which pose high risks of economic or physical harm, offer financial, legal, or medical advice, or relate to adult content, adult industries, political campaigning or lobbying, or high-risk government decision making, (f) reverse engineer or attempt to discover the source code or underlying components of Chatbots, excerpt as permitted by law, (g) use Chatbots to develop foundation models or other large scale models that compete with Market Genius AI or OpenAI, (h) extract data from Chatbots, using scraping, harvesting, web data extraction methods or similar methods; (i) use Chatbots in any jurisdiction not listed at https://platform.openai.com/docs/supported-countries (or replacement URL), or (j) sell or share any Input provided to or Output from by Chatbots.
14.6. TERM
These AI Terms take effect upon the earliest of (i) your use of a Chatbot, (ii) your online acceptance to these AI Terms, or (iii) the Term Start Date of the relevant Service Order, and remain in effect as long as you use a Chatbot (“Term”). Use of Chatbots is contingent upon timely payment pursuant to any applicable Service Order(s) and compliance with all applicable terms, laws, and regulations.
14.7. TERMINATION
Market Genius AI may, in its sole discretion, terminate these AI Terms or change, limit, or suspend your use of Chatbots at any time and for any reason. If Market Genius AI terminates without a breach by you, Market Genius AI will refund any prepaid fees for the remaining term of the then-current Service Order term. If you believe Market Genius AI has materially breached these AI Terms, you must notify Market Genius AI in writing of such breach. You may terminate these AI Terms after 60 days if the breach remains uncured at the end of that period.
14.8. FEEDBACK
You may send your feedback about Chatbots (“Feedback”) to support@market-genius-ai.com. By doing so, you grant Market Genius AI a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, and assignable license to use Feedback to improve Market Genius AI’s products or services. You irrevocably waive any moral rights in such Feedback as permitted by applicable law. Market Genius AI acknowledges that all Feedback is provided on an “as-is” basis with no warranties.
14.9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Market Genius AI and its directors, officers, employees, contractors, and agents from any third-party claims, losses, fees, attorney’s fees, fines, costs, liens, judgments, or expenses arising from or relating to Your Data, use of Chatbots, or your breach of these AI Terms or violation of applicable law. Market Genius AI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Market Genius AI, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Market Genius AI. Market Genius AI will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14.10. LIABILITY DISCLAIMER
Market Genius AI, WHICH INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF A CHATBOT. THIS INCLUDES ANY ISSUES RELATED TO DELAY OR INABILITY TO ACCESS OR USE A CHATBOT (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON A CHATBOT; ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, OR SERVICES OBTAINED OR ACCESSED THROUGH A CHATBOT) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF Market Genius AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation of liability reflects the risk allocation between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Market Genius AI.
14.11. WARRANTIES
Market Genius AI’S SERVICES, CHATBOTS, AND ANY INPUT AND OUTPUT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Market Genius AI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, QUALITY, OR INTEROPERABILITY. Market Genius AI WILL NOT BE LIABLE FOR ANY OF YOUR DATA, INPUT, OUTPUT, ACTIONS, OR INACTION,S OR DECISIONS THAT YOU MAY TAKE OR OMIT TO TAKE BASED ON CHATBOTS, INPU,T OR OUTPUT.
12. GENERAL TERMS Third-Party Beneficiaries.
There are no third-party beneficiaries to these Terms. Severability. Suppose any provision of these AI Terms or applicable Service Order is deemed invalid or unenforceable. In that case, such a finding will be limited to the minimum extent necessary. That provision will be modified to meet its original intent, and the remaining provisions will remain in effect. Interpretation. The following order of precedence applies in the event of a conflict to use of a Chatbot: (a) the Service Order, (b) these AI Terms, and (c) the Agreement. Entire Agreement. These AI Terms, along with any then-current Service Order(s) between you and Market Genius AI and any other referenced agreements, constitute the entire agreement for Chatbots, superseding all prior and contemporaneous written or oral agreements and understandings about Chatbots. These AI Terms and Service Order(s) may be executed electronically and delivered in counterparts, each considered an original, collectively forming one agreement. Any purchase order or other business form you use will not affect or modify these AI Terms, any Service Order(s), or any rights and obligations. In case of any conflict between these AI Terms and other contracts with Market Genius AI, you and Market Genius AI, these AI Terms will prevail regarding Chatbots.
15. GENERAL
This Site is operated by Market Genius AI.com, Inc., from Illinois, USA and is governed by the laws of the State of Illinois, USA (including these Terms). No joint venture, agency, partnership, or employment relationship is created by you and Market Genius AI through these Terms or your use of this Site. Our performance under these Terms is subject to applicable laws and legal process. These Terms do not limit our right to comply with law enforcement or governmental requests related to your use of this Site. You agree to bring any claims arising from your access or use of this Site within two years from the date the claim arose, or else the claim will be irrevocably waived. A party’s failure to act with respect to any right or obligation under these Terms will not be construed as a waiver of that right or obligation. If any part of these Terms is found to be invalid or unenforceable, it will be replaced by a valid provision that closely reflects its intent, and the remaining provisions will remain in effect. These Terms constitute the entire agreement between you and Market Genius AI regarding this Site, replacing all prior communications and proposals. A printed version of these Terms or any electronic notice will be admissible in legal proceedings just like other business documents. Fictitious names of companies, products, people, characters, and/or data mentioned on this Site are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. There are no third-party beneficiaries to these Terms. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Market Genius AI’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Market Genius AI, and any inconsistencies among the different versions will be resolved in favor of the English version available here. Market Genius AI reserves the right to modify or update these terms at our sole discretion, at any time, for any or no reason, and without notice or liability. 16. CONTACT US For answers to your questions or ways to contact us, reach us at support@market-genius-ai.com.
Market Genius AI Terms of Use
Last Updated on April 20, 2025.
These Terms of Use govern your access to and use of www.market-genius- ai.com and any website, platforms, or mobile applications that link to these Terms (collectively “Site”).
Market Genius AI, Inc., a California corporation, (together with its affiliates, “we”, “us”, “our” and “Market Genius AI”) may update these Terms or any additional terms related to this Site to reflect changes to the law, this Site, or our business. If you do not agree to these Terms or any updated Terms, you must stop using this Site.
The term “you” refers to the business professional visiting this Site and/or contributing content to this Site. If you are accessing or using this Site on behalf of a business, that business accepts these Terms, and the term “you” also refers to that business.
Use of this Site is prohibited in any jurisdiction that does not give effect to all provisions of these Terms.
THESE TERMS INCLUDE A DISPUTE RESOLUTION AND ARBITRATION PROVISION, ALONG WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS REGARDING DISPUTES WITH US AND RELATED PARTIES, APPLICABLE IF YOU ARE IN THE UNITED STATES OR IN JURISDICTIONS WHERE SECTION 11 IS NOT PROHIBITED. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW IN SECTION 11.
1. USE OF THIS SITE
By using this Site, you represent and warrant that (a) all information you provide is accurate and complete, (b) if you have a Market Genius AI account (“Registered User”), you will safeguard your account information and are responsible for all account activity, (c) you are at least 18 years old, (d) you will use this Site solely for business and professional purposes only and never for personal, family, or household purposes, and (e) you will comply with these Terms and applicable law. We reserve the right to deny access to anyone for any reason, including violations of these Terms.
2. REVIEWS, COMMENTS, AND INTERACTIVE AREAS
Market Genius AI is not responsible and assumes no liability for any content posted, stored, or uploaded by you or third parties, nor for any associated loss or damage. We are not liable for any inaccuracies, defamation, slander, libel, omissions, falsehoods or offensive material you may encounter.
While we assume no obligation to monitor or edit content, we reserve the right to remove, screen, or edit any content at our discretion and without notice. You are responsible for backing up any content you post.
We may remove reviews or comments that do not meet quality standards, including those copied from other sources, irrelevant responses, defamatory comments, illegal content, or those indicating non-professional use or have been generated by an AI language model except for language translators. Additionally, we may remove content from users lacking critical identifying information on their Market Genius AI or LinkedIn™ profiles.
3. LICENSE AND CONSENT TO USE CONTENT AND SUBMISSIONS.
Market Genius AI is a platform that allows you to post your sentiments about software products and services. By submitting content to this Site (“Submissions”), you grant Market Genius AI and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to (a) use your Submissions worldwide, and (b) use your name, email and other personal information, including your likeness. You also irrevocably grant the users of the Service the right to access and use your content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your content. Your Submission may be used in several ways, including by publicly displaying it, reformatting it, incorporating it into advertisements, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
You are prohibited from including confidential or proprietary information from third parties in your Submissions. Your Submissions, along with any personal information, may be used by us, our affiliates, and sublicensees across various platforms, including advertising and marketing materials.
Concerning reviews included in your Submissions, to the fullest extent permitted by law, you irrevocably waive all rights related to all liabilities, claims, or actions (collectively, “Claims”) arising directly or indirectly from the use of your Submissions. This waiver includes any Claims resulting in whole or in part from the negligence.
You represent and warrant that (a) you are at least 18 years old, and have full authority to grant the rights outlined herein, (b) all statements and information you provide are true and accurate, and that the rights and licensees granted herein do not and will not violate any right (including copyright, trademark, trade secret, privacy or publicity) or violate any agreements or commitment to third parties, and that no consent or authorization from, or any payment to, any third party is required in connection herewith.
If you retain moral rights (including rights of attribution or integrity) in the Submissions, you agree that: (a) you do not require personally identifying information to be associated with your Submission, (b) you have no objections to the publication, use, modification, deletion or exploitation of the Submission by Market Genius AI or its licensees, successors, and assigns; (c) you waive any moral rights as an author, and (d) you release Market Genius AI, and its licensees, successors, and assigns, from any claims related to these rights.
The content on this Site, and the infrastructure used to provide such content, is proprietary to us unless otherwise stated in these Terms. The content and information on this Site, including messages, data, text, images, and software, are proprietary to us unless otherwise stated in these Terms. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any such content obtained from or through this Site.
4. ARTIFICIAL INTELLIGENCE (“AI”)-POWERED CHATBOT
Chatbots generate text responses (“Output”) based on your text inputs or prompts (“Input”). By using our AI-powered Chatbot(s) (each, a “Chatbot,” and collectively, “Chatbots”), you grant Market Genius AI a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use Inputs in any media, worldwide. Market Genius AI may use Inputs to provide, maintain, train, and improve Chatbots, comply with applicable law, and enforce its policies. If you do not want Inputs to be used for the foregoing reasons, your sole and exclusive remedy is not to use the Chatbots.
Market Genius AI utilizes AI technology developed by OpenAI, L.L.C. (“OpenAI”) to power Chatbots. You acknowledge that You are subject to OpenAI Terms & Policies available at https://openai.com/policies (or replacement URL) for use of the Chatbot.
Market Genius AI does not guarantee accuracy of any Output generated by Chatbots. Due to the probabilistic nature of machine learning and AI, the Output may be erroneous or nonsensical, so you should not assume or rely on its accuracy. The Output generated may not be unique, and Chatbots may produce similar or identical Output for others.
You represent and warrant that you will not, and will not allow others to (a) mislead anyone into thinking Output is human-generated, (b) include any personally identifiable information or “Biometric information” as defined in the Illinois Biometric Information Privacy Act in your Data or Input, (c) include content that infringes or violates third-party rights in in your Data or Input, (d) include in your Data, or use Chatbots to generate, any content that (i) promotes hate, harassment, or violence, (ii) is illegal, sexual, political, harmful, false, fraudulent or misleading, (iii) misuses data, (iv) contains malware or unsolicited bulk content, or (v) exploits or harms children, or encourages self-harm, (e) use Chatbots for activities which pose high risks of economic or physical harm, offer financial, legal, or medical advice, or relate to adult content, adult industries, political campaigning or lobbying, or high-risk government decision making, (f) reverse engineer or attempt to discover the source code or underlying components of Chatbots, except as permitted by law, (g) use Chatbots to develop foundation models or other large scale models that compete with Market Genius AI or OpenAI, (h) extract data from Chatbots, using scraping, harvesting, web data extraction methods or similar methods; (i) use Chatbots in any jurisdiction not listed at https://platform.openai.com/docs/supported-countries (or replacement URL), or (j) sell or share any Output from Chatbots.
5. LIABILITY DISCLAIMER
THE INFORMATION, ANY CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, OR SERVICES ON THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. MARKET GENIUS AI DOES NOT GUARANTEE THEIR ACCURACY AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS REGARDING TECHNOLOGY PRODUCTS AND RELATED SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, SCREENSHOTS, VIDEOS, LIST OF PRODUCT AND SERVICE FEATURES, VENDOR COMPANY INFORMATION, GENERAL PRODUCT DESCRIPTIONS, ETC.). MARKET GENIUS AI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY INFORMATION OR SERVICES ON THIS SITE, AND THEIR INCLUSION DOES NOT IMPLY ENDORSEMENT BY Market Genius AI.
ALL SUCH INFORMATION OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Market Genius AI DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SERVERS, CONTENT, OR EMAILS, INCLUDING THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
MARKET GENIUS AI, WHICH INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE. THIS INCLUDES ANY ISSUES RELATED TO DELAY OR INABILITY TO ACCESS OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, OR SERVICES OBTAINED OR ACCESSED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE AND EVEN IF Market Genius AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the risk allocation between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Market Genius AI.
6. INDEMNIFICATION
You agree to defend and indemnify Market Genius AI, its affiliates and licensees, and their officers, directors, employees, and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or expenses, legal and accounting fees, arising from (a) your breach of these Terms and all terms incorporated by reference, (b) your violation of any law or third party rights, or (c) your use of this Site. Market Genius AI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Market Genius AI. Market Genius AI will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
7. LINKS TO THIRD-PARTY SITES
This Site may contain links to third-party websites or platforms for your convenience. It is your responsibility to ensure that any links or software you use are free from harmful elements, like viruses or malware. Market Genius AI does not control, endorse, sponsor, or accept any responsibility for these third-party websites. If prompted by a third-party site (like LinkedIn or Facebook) to link your profile, this is optional, and you can disable this link at any time. You agree to direct any concerns relating to these third-party websites to the relevant third-party website administrator.
8. Third‑Party Products & Services (Marketplace Transactions)
Independent Sellers. The Marketplace portion of the Service lists software, SaaS subscriptions, professional services, and other offerings (“Third‑Party Offerings”) that are marketed and sold solely by the third‑party vendor identified on the listing (“Seller”). Market Genius AI is not the seller of record, reseller, distributor, employer, principal, or agent of any Seller.
No Participation in the Contract. When you decide to purchase, license, subscribe to, or otherwise obtain a Third‑Party Offering, the resulting contract is strictly between you and the Seller. Market Genius AI is not a party to that contract and has no responsibility for (a) fulfilment, delivery, performance, or support of the Third‑Party Offering; (b) the accuracy or completeness of any Seller description or documentation; or (c) compliance with laws or regulatory requirements that apply to the Third‑Party Offering.
No Warranty or Endorsement. Market Genius AI disclaims all warranties, express or implied, related to any Third‑Party Offering, including fitness for a particular purpose, merchantability, non‑infringement, or that any Third‑Party Offering will meet your requirements. A listing on the Platform does not constitute an endorsement, recommendation, or guarantee by Market Genius AI.
Release & Limitation of Liability. To the fullest extent permitted by law, you release Market Genius AI, its affiliates, officers, directors, and employees from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to a Third‑Party Offering or your dealings with a Seller. In no event will Market Genius AI be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.
Indemnification. You agree to defend, indemnify, and hold harmless Market Genius AI and its affiliates from and against any claim, demand, or loss arising out of or related to (a) the purchase, license, use, or inability to use any Third‑Party Offering, or (b) any breach of a contract or other dispute between you and a Seller.
Disputes With Sellers. You are solely responsible for resolving any dispute, claim, or controversy with a Seller, including those relating to refunds, defects, delays, data privacy, intellectual‑property infringement, or any other matter concerning the Third‑Party Offering. Market Genius AI has no obligation to intervene, mediate, or otherwise participate in such disputes.
Transactional Data. Market Genius AI may receive referral fees, commissions, or other consideration from Sellers in connection with purchases you make via the Platform. These commercial arrangements do not create any responsibility or liability for Market Genius AI regarding the Third‑Party Offering. Survival. This Section survives any expiration or termination of the Terms and applies to all past, present, and future Marketplace transactions.
9. Eligibility Criteria for Gift Card Incentives
The following users are prohibited from receiving incentives of any kind in exchange for their Market Genius AI review:
Community members who are employees, officers, directors, agents of Market Genius AI, Inc., its subsidiaries, and affiliated companies, and their immediate families; Community members who are government and public sector employees; Community members whose company policies prohibit the acceptance of gifts in the context of business transactions; Community members who are individuals (or who are acting on behalf of individuals) (1) subject to, (2) residing in countries or (3) employed by organizations identified in any government sanctions watchlist, including but not limited to the US Department of Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated Nationals List or other sanctions list
10. EXPORT CONTROL
You may not use, export, or re-export any aspects of this Site (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, U.S. and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
11. COPYRIGHT AND TRADEMARK NOTICES
This Site and all translations are the property of Market Genius AI and are protected by U.S. and international copyright law and conventions. Market Genius AI grants you the right to access and use this Site. User acknowledges that access to and use of this Site is subject to these Terms, and any expanded access or use must be approved in writing by Market Genius AI. The look and feel of this Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Market Genius AI and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Market Genius AI.
Other logos, products, and company names mentioned herein may be the trademarks of their respective owners. Mention of products or services does not imply endorsement by Market Genius AI. If you believe there is an infringement of your brand or ours, please notify us according to our Copyright Complaint Policy by contacting us support@market-genius-ai.com
12.1 Definitions
“Claim” means any past, present, or future dispute, controversy, or cause of action between you (or anyone acting through you) and Market Genius AI (or any affiliate), arising out of or relating to these Terms, the Services, or any relationship between the parties—regardless of the legal theory and regardless of when the Claim arose.
“Consumer” has the meaning in the JAMS Consumer Arbitration Minimum Standards of Procedural Fairness (rev. May 1, 2024).
12.2 Election to Arbitrate & Governing Law
If you are located in the United States or in any jurisdiction that permits arbitration, you and Market Genius AI agree to resolve every Claim exclusively by final, confidential arbitration, except for the carve‑outs in § 12.3. This provision is a “written agreement to arbitrate” under the Federal Arbitration Act (“FAA”), which governs its interpretation and enforcement.
12.3 Carve‑outs (Claims That May Proceed in Court)
Small‑Claims Court. Either party may bring an individual Claim in small‑claims court if it qualifies and remains on an individual basis. IP/Confidentiality Injunctions. Either party may seek injunctive relief in court to prevent misuse of its intellectual property or confidential information.
12.4 Opt‑Out Right
You may opt out of arbitration by sending a signed, written notice to support@market‑genius‑ai.com or Market Genius AI, 548 Market St., Suite 13648, San Francisco, CA 94104, USA, within 60 days after (a) first accepting these Terms or (b) first using the Services—whichever is earlier. Your notice must state: “I opt out of the arbitration agreement,” and include your name, postal address, email, and phone number. No other method is valid. If a third party sends the notice, it must consist of proof of authority.
12.5 Mandatory Informal Resolution
Before starting arbitration, the complaining party must email a written Notice of Dispute to legal@market-genius-ai.com and engage in good‑faith negotiations for 60 days. The email must state (i) your full name and contact info, (ii) a brief description of the Claim, and (iii) the specific relief requested.
12.6 Arbitration Administrator & Rules
Administrator. Arbitration will be administered by JAMS under its Comprehensive Arbitration Rules & Procedures. Consumers. If you are a Consumer, the JAMS Consumer Arbitration Minimum Standards control any conflict with the Comprehensive Rules. Mass Filings. The parties opt in to the JAMS Mass Arbitration Procedures & Guidelines (May 1, 2024).
12.7 Venue & Hearing Format
Hearings will be conducted by secure videoconference unless the arbitrator determines that an in‑person proceeding is required for a fundamentally fair process. California residents or entities. If an in‑person hearing is required, it will take place in the California county where you reside or maintain your principal place of business, unless we mutually agree to a different location. All other users. If an in‑person hearing is required, it will be held at the JAMS San Francisco Resolution Center (Two Embarcadero Center, Suite 1500, San Francisco, California 94111) or at another California venue agreed to in writing by all parties.
12.8 Fees & Costs
Consumers (SB 940). Market Genius AI pays all JAMS filing and arbitrator fees beyond the lesser of (i) the fee to file in California Superior Court or (ii) USD $250. Business‑to‑Business Claims. The filing party pays the first USD $750 in administrative fees; remaining arbitration fees are split 50/50, subject to fee‑shifting for frivolous claims/defenses <$1 000 Claims. For any Claim under USD $1 000, Market Genius AI will reimburse your filing fee upon written proof of financial hardship. Mass Filings. If the JAMS mass-arbitration fee schedule applies, it governs. Own Attorneys’ Fees. Each side pays its own lawyers and experts unless a statute awards fees to the prevailing party.
12.9 Bellwether Process for Mass Arbitrations
If the same counsel (or a coordinated group) files 75 or more similar demands, the parties will select 10 bellwether cases, with all others stayed, in accordance with JAMS Mass Arbitration Procedures § 9. Any stay tolls statutes of limitation and lasts no longer than one (1) year unless all parties consent.
12.10 Class & Representative Action
Waiver All proceedings are individual only—no class, collective, coordinated, consolidated, representative, or private‑attorney‑general actions. If this waiver is deemed unenforceable for a specific Claim, that Claim must proceed in court while arbitration of all other Claims continues.
12.11 Confidentiality
The arbitration, including pleadings, evidence, and awards, is confidential and may be disclosed only as required by law or to enforce an award.
12.12 Arbitrator’s Powers & Appeal
Powers & Appeal apply the FAA and, where not pre-empted, California law (including statutes of limitation). Provide a reasoned, written decision. Award damages or equitable relief allowed by law and this Section; punitive or exemplary damages only if a statute or controlling federal law expressly permits. Either party may appeal under the JAMS Optional Arbitration Appeal Procedure.
12.13 No Automatic Stay on Appeal (SB 365)
If a court denies a motion to compel arbitration, trial court proceedings continue during any appeal, pursuant to Cal. Civ. Proc. Code § 1294 as amended by SB 365 (2024).
12.14 Severability & Survival
Section 12 remains in effect after the termination of the Services. If any part is unenforceable, the remainder remains in force, except that if the class‑action waiver (§ 12.10) is invalidated, this entire arbitration agreement is void.
12.15 Judicial Forum if Arbitration Fails
If this arbitration provision is found unenforceable for a particular Claim, that Claim (other than small‑claims matters) shall be litigated exclusively in the state or federal courts located in San Francisco County, California, USA. Both parties consent to venue and personal jurisdiction in that location and waive any right to a jury trial. WAIVER OF RIGHT TO LITIGATE. By agreeing to these Terms and unless you opt out under § 12.4 you knowingly and voluntarily waive your right to litigate Claims in court before a judge or jury and instead accept binding arbitration on the terms above.
13. COPYRIGHT COMPLAINT POLICY
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe in good faith that any materials accessible on or from this website (the “Site”) infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: Your physical or electronic signature. An identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works. An identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as a link to the material. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). The following statement: “I have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.” The following statement: “I swear, under penalty of perjury, that the information in this written notice is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner, of an exclusive right that is allegedly infringed.” Our designated Copyright Agent to receive DMCA Notices is: Legal MarketGenius.AI, Inc. 174 Jordan Ct 94043 Mountain View, California legal@market-genius-ai.com If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following: Your physical or electronic signature. An identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access was disabled. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or access to it was disabled as a result of a mistake or misidentification of the material to be removed or to which access was to be disabled.” The following statement: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or, if I reside outside the United States, for any judicial district in which the Site may be found) and I will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.” Completed Counter-Notices should be sent to: Legal Market Genius AI 174 Jordan Ct Mountain View, California legal@market-genius-ai.com The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Repeat Infringer Policy It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
14. Artificial Intelligence Terms & Conditions
These Artificial Intelligence Terms & Conditions (“AI Terms”) are entered into by and between you and Market Genius AI, Inc. (together with its affiliates, “we”, “us”, “our” and “Market Genius AI”).). These AI Terms govern your access and use of Market Genius AI’s artificial intelligence (“AI”)-powered chatbot(s) (each, a “Chatbot”, and collectively “Chatbots”). The terms “you” and “your” refer to the individual or entity using or purchasing a Chatbot. If you entered into a Master Service Agreement or similar agreement with Market Genius AI for Market Genius AI’s Services (“Agreement”), these AI Terms are incorporated into that Agreement and “you” will refer to “Client.” Any capitalized term used not defined herein has the meanings set forth in the Agreement at https://www.MarketGenius.AI/legal/master-service-agreement. BACKGROUND: You wish to purchase or use a Chatbot as a feature on your Market Genius AI profile page on www.MarketGenius.AI and any website, platforms, mobile applications provided by Market Genius AI (“Site”) or on your own website. The term “use” means use, access, interact with, provide input into, or receive output from. Subject to these AI Terms, a Chatbot acts as a virtual assistant, engaging with third parties, including potential customers (collectively, “Users”), to promote software product(s)/service(s), answer User inquiries, and perform other functions. Chatbots are built by Market Genius AI using OpenAI’s API with custom embeddings, trained on specific textual data you provide, including sales enablement data (for example, Gong call transcripts, training materials, other information) (“Your Data”). Chatbots generate text responses (“Output”) based on a User’s text inputs or prompts (“Input”).
14.1. USE OF CHATBOTS
During the Term (as defined in Section 7 below), Market Genius AI grants to you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use Chatbots by these AI Terms and any applicable Service Order(s). You agree to comply with these AI Terms and all applicable laws and regulations while using Chatbots. Between Market Genius AI and you, Market Genius AI owns all rights, title, and interest in the Chatbots. 14.2. THIRD PARTY PROVIDERS Market Genius AI utilizes AI technology developed by OpenAI, L.L.C. (“OpenAI”) to power Chatbots. You acknowledge that all Users are subject to OpenAI Terms & Policies available at https://openai.com/policies (or other replacement URL) (“OpenAI’s Terms”).
14.3. YOUR DATA
You will provide Your Data to Market Genius AI in text format only. As between Market Genius AI and you, you retain all rights to your Data, but you grant Market Genius AI a non-exclusive, perpetual, worldwide, transferable, and irrevocable license to use Your Data. Market Genius AI may use Your Data to comply with applicable law, enforce its policies and terms, and improve its Services. You are responsible for Your Data, including ensuring that it does not violate any applicable law or these AI Terms. Market Genius AI has no confidentiality obligations regarding any Input and information you provide to Market Genius AI, including your Data.
14.4. ACCURACY
Market Genius AI does not guarantee the accuracy of any Output generated by Chatbots. Due to the probabilistic nature of machine learning and AI, the Output may be erroneous or nonsensical, so you should not assume or rely on its accuracy. The Output generated may not be unique, and Chatbots may produce similar or identical Output for others.
14.5. ACCEPTABLE USE
You represent and warrant that you will not, and will not allow others to (a) mislead anyone into thinking Output is human-generated, (b) include any personally identifiable information or “Biometric information” as defined in the Illinois Biometric Information Privacy Act in Your Data or Input, (c) include content that infringes or violates third-party rights , (d) include in Your Data, or use Chatbots to generate, any content that (i) promotes hate, harassment, or violence, (ii) is illegal, sexual, political, harmful, false, fraudulent or misleading, (iii) misuses data, (iv) contains malware or unsolicited bulk content, or (v) exploits or harms children, or encourages self-harm, (e) use Chatbots for activities which pose high risks of economic or physical harm, offer financial, legal, or medical advice, or relate to adult content, adult industries, political campaigning or lobbying, or high-risk government decision making, (f) reverse engineer or attempt to discover the source code or underlying components of Chatbots, excerpt as permitted by law, (g) use Chatbots to develop foundation models or other large scale models that compete with Market Genius AI or OpenAI, (h) extract data from Chatbots, using scraping, harvesting, web data extraction methods or similar methods; (i) use Chatbots in any jurisdiction not listed at https://platform.openai.com/docs/supported-countries (or replacement URL), or (j) sell or share any Input provided to or Output from by Chatbots.
14.6. TERM
These AI Terms take effect upon the earliest of (i) your use of a Chatbot, (ii) your online acceptance to these AI Terms, or (iii) the Term Start Date of the relevant Service Order, and remain in effect as long as you use a Chatbot (“Term”). Use of Chatbots is contingent upon timely payment pursuant to any applicable Service Order(s) and compliance with all applicable terms, laws, and regulations.
14.7. TERMINATION
Market Genius AI may, in its sole discretion, terminate these AI Terms or change, limit, or suspend your use of Chatbots at any time and for any reason. If Market Genius AI terminates without a breach by you, Market Genius AI will refund any prepaid fees for the remaining term of the then-current Service Order term. If you believe Market Genius AI has materially breached these AI Terms, you must notify Market Genius AI in writing of such breach. You may terminate these AI Terms after 60 days if the breach remains uncured at the end of that period.
14.8. FEEDBACK
You may send your feedback about Chatbots (“Feedback”) to support@market-genius-ai.com. By doing so, you grant Market Genius AI a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, and assignable license to use Feedback to improve Market Genius AI’s products or services. You irrevocably waive any moral rights in such Feedback as permitted by applicable law. Market Genius AI acknowledges that all Feedback is provided on an “as-is” basis with no warranties.
14.9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Market Genius AI and its directors, officers, employees, contractors, and agents from any third-party claims, losses, fees, attorney’s fees, fines, costs, liens, judgments, or expenses arising from or relating to Your Data, use of Chatbots, or your breach of these AI Terms or violation of applicable law. Market Genius AI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Market Genius AI, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Market Genius AI. Market Genius AI will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14.10. LIABILITY DISCLAIMER
Market Genius AI, WHICH INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF A CHATBOT. THIS INCLUDES ANY ISSUES RELATED TO DELAY OR INABILITY TO ACCESS OR USE A CHATBOT (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON A CHATBOT; ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, OR SERVICES OBTAINED OR ACCESSED THROUGH A CHATBOT) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF Market Genius AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation of liability reflects the risk allocation between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Market Genius AI.
14.11. WARRANTIES
Market Genius AI’S SERVICES, CHATBOTS, AND ANY INPUT AND OUTPUT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Market Genius AI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, QUALITY, OR INTEROPERABILITY. Market Genius AI WILL NOT BE LIABLE FOR ANY OF YOUR DATA, INPUT, OUTPUT, ACTIONS, OR INACTION,S OR DECISIONS THAT YOU MAY TAKE OR OMIT TO TAKE BASED ON CHATBOTS, INPU,T OR OUTPUT.
12. GENERAL TERMS Third-Party Beneficiaries.
There are no third-party beneficiaries to these Terms. Severability. Suppose any provision of these AI Terms or applicable Service Order is deemed invalid or unenforceable. In that case, such a finding will be limited to the minimum extent necessary. That provision will be modified to meet its original intent, and the remaining provisions will remain in effect. Interpretation. The following order of precedence applies in the event of a conflict to use of a Chatbot: (a) the Service Order, (b) these AI Terms, and (c) the Agreement. Entire Agreement. These AI Terms, along with any then-current Service Order(s) between you and Market Genius AI and any other referenced agreements, constitute the entire agreement for Chatbots, superseding all prior and contemporaneous written or oral agreements and understandings about Chatbots. These AI Terms and Service Order(s) may be executed electronically and delivered in counterparts, each considered an original, collectively forming one agreement. Any purchase order or other business form you use will not affect or modify these AI Terms, any Service Order(s), or any rights and obligations. In case of any conflict between these AI Terms and other contracts with Market Genius AI, you and Market Genius AI, these AI Terms will prevail regarding Chatbots.
15. GENERAL
This Site is operated by Market Genius AI.com, Inc., from Illinois, USA and is governed by the laws of the State of Illinois, USA (including these Terms). No joint venture, agency, partnership, or employment relationship is created by you and Market Genius AI through these Terms or your use of this Site. Our performance under these Terms is subject to applicable laws and legal process. These Terms do not limit our right to comply with law enforcement or governmental requests related to your use of this Site. You agree to bring any claims arising from your access or use of this Site within two years from the date the claim arose, or else the claim will be irrevocably waived. A party’s failure to act with respect to any right or obligation under these Terms will not be construed as a waiver of that right or obligation. If any part of these Terms is found to be invalid or unenforceable, it will be replaced by a valid provision that closely reflects its intent, and the remaining provisions will remain in effect. These Terms constitute the entire agreement between you and Market Genius AI regarding this Site, replacing all prior communications and proposals. A printed version of these Terms or any electronic notice will be admissible in legal proceedings just like other business documents. Fictitious names of companies, products, people, characters, and/or data mentioned on this Site are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. There are no third-party beneficiaries to these Terms. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Market Genius AI’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Market Genius AI, and any inconsistencies among the different versions will be resolved in favor of the English version available here. Market Genius AI reserves the right to modify or update these terms at our sole discretion, at any time, for any or no reason, and without notice or liability. 16. CONTACT US For answers to your questions or ways to contact us, reach us at support@market-genius-ai.com.