Terms of Service
All use of GENESIS DIGITAL Software and Products are subject to these Terms of Service and all incorporated policies (“Agreement”). This Agreement contains the terms and conditions under which GENESIS DIGITAL, LLC and its affiliates (collectively, “GENESIS DIGITAL”) provides its Products to clients and describes how the Products may be accessed and used. When you purchase GENESIS DIGITAL Products, or otherwise use or access a GENESIS DIGITAL Site or Product, you agree to be bound by this Agreement and applicable laws, rules, and regulations.
BY ACCESSING, USING, OR INTERACTING IN ANY WAY WITH ANY GENESIS DIGITAL PRODUCT, YOU ARE AGREEING TO AND ACCEPTING ALL TERMS AND CONDITIONS CONTAINED HEREIN.
You must be at least eighteen years old to access any GENESIS DIGITAL Sites. If you are under eighteen years old, you may not use the Sites or purchase any product or service from GENESIS DIGITAL without the supervision and consent of your parent or guardian.
If you collect Personal Data from residents in the European Economic Area (EEA), the United Kingdom or Switzerland, you must read and accept the Data Processing Addendum (“DPA”) to this License (find DPA link in the footer of this page), and you understand and agree the DPA modifies and forms a part of this Agreement. You further understand that KARTRA and WEBINARJAM may begin tracking or collecting information from visitors who come from third-party email or advertisements immediately.
1. Definitions
“Affiliates” – GENESIS DIGITAL’s Affiliates may include subsidiaries, subcontractors and sub-processors. GENESIS DIGITAL may subcontract any work under these Terms to a third party or Affiliate without Client’s prior written consent.
“Client” means the individual or entity using any GENESIS DIGITAL Products, subject to this Agreement. By accessing or using GENESIS DIGITAL Products or services, You, as the Client, represent that You are authorized to access and/or to use the Products, and if You are an entity, only individuals within Your organization are authorized and permitted to do so (each an “Authorized User”). Client and each Authorized User agree to abide and be bound by these Terms.
“Client’s Agreement” means this Agreement together with the applicable billing rates found in the client billing portal.
“Confidential Information” means, except as set forth in the following paragraph: (a) the terms of this Agreement and (b) any commercial, financial, marketing, business, technical or other data, security measures and procedures, know-how or other information disclosed by or on behalf of the disclosing party to the receiving party for purposes arising out of or in connection with this Agreement, that: (i) in the case of information in tangible form, is marked “confidential” or “proprietary;” (ii) in the case of information disclosed orally, visually or any other intangible form, is designated confidential or proprietary at the time of disclosure, and if disclosed orally, is summarized in reasonable detail in a writing delivered to the receiving party within ten (10) days following disclosure; (iii) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary; and (iv) will include any reproduction of such information in any form or medium, or any part of such information.
Notwithstanding the foregoing, the following shall not be Confidential Information: (1) information that was in the public domain at the time of its disclosure, or which becomes public domain property through no fault of the receiving party; (2) information that was rightfully in the receiving party’s possession without restriction prior to disclosure; (3) information that was rightfully disclosed to the receiving party by a third party without restriction (4) information that was independently developed by employees and/or contractors of the receiving party who did not have access to and without use of or reference to the disclosing party’s Confidential Information; and (5) Client Data (in accordance with the Privacy Policy).
“Client Data” means all electronic data or information, including but not limited to data belonging to Client or any third-party, provided by Client to GENESIS DIGITAL or entered by Client into a GENESIS DIGITAL Product, service, or website.
“DPA” means the GENESIS DIGITAL Data Processing Addendum, set forth at which is expressly incorporated into this Agreement by reference.
“Electronic Communications” means any transfer of signs, signals, texts, electronic mail, images, sounds, data, or intelligence of any nature transmitted in whole or in part electronically received and/or transmitted through the Products.
“End Users” means Client’s customers, subscribers, or users.
“Privacy Policy” means the GENESIS DIGITAL Privacy Policy, set forth at which is expressly incorporated into this Agreement by reference.
“Products” means, collectively, the GENESIS DIGITAL suite of Software, services, Sites, platforms, and tools, including all Software and Sites which are governed by this Agreement.
“Site” means any site where You access the Products, including but not limited to kartra.com, www.everwebinar.com, www.webinarjam.com, and other associated sites operated or controlled by GENESIS DIGITAL, including but not limited to genndi.com, unless expressly excluded or where a separate policy is provided (collectively, “the Sites”).
“Software” means any GENESIS DIGITAL software including any web- or cloud-based application, mobile app, server-based application, client, desktop or standalone software application, plugin, or add-on, including but not limited to Kartra, EverWebinar, and WebinarJam. “Software” also includes all documentation, manuals, tutorials, user guides, videos, and accompanying or associated materials whether printed or electronic.
“Third Party Applications” means applications, integrations, services, or implementation, customization and other consulting services related thereto, provided by a party other than GENESIS DIGITAL (“Third Party Applications”) that inter-operate with the Products.
2. Client Information
Client’s license to use the Products and receive Support is
contingent on Client making timely payments as set forth in the billing section below and keeping its client information up to date at all times.
When enrolling in, subscribing to, or purchasing any GENESIS DIGITAL Product(s), Client must provide only true and accurate information, which client agrees to keep current, complete, and functional. Client’s entry of any information on our Sites is your promise that any name, mailing address, e-mail account, and/or credit card information you provide is accurate, functional and is registered to you and/or your use of such information is with permission. Client understands and agrees that GENESIS DIGITAL can bar your access to and use of the Sites and/or Products if GENESIS DIGITAL believes that Client has provided untrue, inaccurate, not current, or incomplete information. Client also agrees that if Client is ordering or purchasing Products or services on behalf of a company or other entity, that Client has proper authority to commit that company in such a transaction. If Client is using a pseudonym, nickname, assumed name or the like (where permitted), Client agrees that you will nonetheless provide accurate information to our processing company where required (e.g., your real name in connection with a credit card account) so that Client can be billed for one-time or recurring fees.
3. Grant of License
GENESIS DIGITAL grants Client a non-exclusive, limited, revocable, and non-transferable license to use the Products that comprise Client’s Agreement, subject to Client making its payments, and Client agrees to comply with any restrictions herein. Certain GENESIS DIGITAL Products utilize, interface with, or operate in connection with services provided by or through Amazon AWS, RackSpace, Pusher, SendGrid and/or any of GENESIS DIGITAL’s integration partners. Client’s license is therefore also subject to all applicable limitations, terms and conditions of service for these services to the extent they control content or usage. Client agrees to comply with all such limitations, terms, and conditions in connection with Client’s usage of GENESIS DIGITAL Products.
This License is personal to Client; Client may not transfer any rights or duties contained in this license. Except as may be provided in the Client’s Agreement, client may not license, sublicense, assign or otherwise dispose of all or any part of the Products or any of the limited rights granted to Client to any third-party. Client shall not remove, move, or relocate any Products from any Site or any server on which they are located unless Client receives advance written authorization from GENESIS DIGITAL.
3.1 GENESIS DIGITAL Software:
This license is limited to one runtime, session and/or repository instance. Additional payment or subscription is required for each additional runtime, session and/or repository instance. Separate license fees and validation codes are required for each business entity to use any of the Products that comprise Client’s Agreement. Only Authorized Users may use the Products that comprise Client’s Agreement. Furthermore, no account may be sublet or used on behalf of any business other than the account owner’s.
Client’s use of GENESIS DIGITAL Products is subject to the Acceptable & Fair Use Policy set forth below. Client may also be subject to specific limitations based on Client’s corresponding Agreement. GENESIS DIGITAL will use reasonable efforts to inform Client of such limitations prior to and at the time of purchase. Limitations may also be imposed by third parties over whom GENESIS DIGITAL has no control. For example, a third-party may refuse to process certain types of transactions, or transactions from certain locations, or transactions for certain goods or services. GENESIS DIGITAL will use reasonable efforts to communicate any such limitations to Client. Other limitations may apply to Client’s usage of particular features or certain aspects of the GENESIS DIGITAL Products. For example, based on Client’s corresponding agreement, Client will have a specified number of emails Client can send, and a specified amount of video Client can deliver via the Products. Client will be responsible for usage fees in excess of Client’s limits. GENESIS DIGITAL will publish the fees for any such usage and reserves the right to revise such fees in its sole discretion. YOU ARE ALSO RESPONSIBLE FOR TIMELY PAYMENT OF YOUR USAGE OR OTHER FEES, AND YOUR LICENSE MAY BE TERMINATED FOR NONPAYMENT OF ANY SUCH FEES.
By accepting this Agreement, Client acknowledges that any license(s) Client may have had to prior versions of Products licensed by GENESIS DIGITAL terminates upon Client entering a new corresponding agreement. Client agrees that it will not rent, lend, or transfer any Products that comprise Client’s agreement or any of its rights under these Terms without the express written permission of GENESIS DIGITAL.
3.2 GENESIS DIGITAL Sites:
As this license relates to use of any GENESIS DIGITAL Sites, Client understands that the Sites or portions of the Sites are publicly available and that if you post on a public site or via social media, your post (including any personal information therein) may be publicly accessible via search engines and other means on the public internet. GENESIS DIGITAL assumes no responsibility for information that Client makes public, and GENESIS DIGITAL will not be liable for any harm or damages that may arise from disclosure of Client’s personally identifiable information made by others not in GENESIS DIGITAL’s control. Client should use care to avoid posting information which Client does not wish to disclose on a public site or via social media. If Client posts via social media, GENESIS DIGITAL has not control over the content of such posts.
3.2.1 Authorized Uses of The Site(s)
Client’s Use of the Sites is Subject to This Limited License
The EverWebinar, WebinarJam, and Kartra Sites, and all content thereon (the “Content”), is the exclusive and private property of GENESIS DIGITAL. Use of the Sites is permitted under a “limited license” that provides Client limited access under this Agreement.
Client’s access can be revoked without warning if Client violates any terms of this Agreement. Except as otherwise expressly provided, Client’s right to access and to use the EverWebinar, WebinarJam, and Kartra Sites is personal to Client. Client may not share your access, username, login, or password to the Sites, or to any Software, Products, or services offered via the Sites. Client agrees to keep login credentials secure, and to comply with all password security policies, including password change and complexity requirements. Client understands that if you are prompted to change your password, you may lose access to the Sites, Software, Products, or services if you fail do so.
Client may use a standard web-browser (e.g., on a desktop, laptop, or similar computer, or on a portable device such as a tablet, smartphone, or other mobile device) to access the Sites, Software, Products, and services. All other software to access the Sites, the Content, or GENESIS DIGITAL’S database(s) is in violation of this Agreement.
Permissible uses of the EverWebinar, WebinarJam, and Kartra Sites include all the uses which would normally be associated with a site of this nature, and which are not expressly prohibited herein. For example, GENESIS DIGITAL Sites may provide videos or posts – Client can view them and replay them. Some Content may include an invitation or opportunity to comment, discuss, or post questions or feedback via the Sites or via social media. Client may also have opportunities to participate in GENESIS DIGITAL polls, surveys, discussion threads, forums, or the like. Client may also have the ability to interact with and share experiences with GENESIS DIGITAL or other users.
Client may also provide feedback or input to GENESIS DIGITAL directly in certain areas of the Sites, such as where comments are permitted. Client can share the Sites with others via social media; however, Client may not provide any link to an internal page on the Sites that is not public, whether or not Client has a URL for such page. Client may have access through the Sites to Software, Products, or services that Client has licensed, purchased and/or subscribed to from GENESIS DIGITAL. In most cases, Client must provide login credentials to gain access.
3.2.2 Copying, Downloading, & Sharing
Client understands and agrees that the Content on the Sites is subject to copyright laws in the US and internationally. Client may only copy or download content or information on the Sites that is expressly provided for that purpose. Client understands and agrees that GENESIS DIGITAL, in our sole discretion, can decide which content Client may download, copy, and/or share and that Client will abide by our decisions and policies with regard to our content. Client understands that if you do copy or reproduce any information without permission, GENESIS DIGITAL may immediately terminate your access to the Sites and/or to the Products or services.
If a file is made available for and intended for downloading, there will be downloading instructions indicating whether the file may be downloaded and/or shared. If a downloadable file does not expressly state that Client may share it, then Client shall not do so without GENESIS DIGITAL’S advance written permission. Client agrees to respect GENESIS DIGITAL’s intellectual property rights and understands that Client may not download or copy ANY of GENESIS DIGITAL’S Content in ANY area of the Site, except where permission to do so is expressly provided, or unless such information is provided on specific parts or portions of the Sites, such as a “Downloads” or “Free Resources” section.
Unauthorized use of the Sites or the content is strictly prohibited.
While there are many permitted uses of the EverWebinar, WebinarJam, and Kartra Sites as detailed above, not all uses are permitted. Except as expressly provided, no commercial uses are allowed of the Site(s) or any of the Content without the advance written permission of GENESIS DIGITAL. Any use of the Sites that could in any way damage or impair the functionality for other users to any extent is prohibited.
Client may not download or copy GENESIS DIGITAL’S information directly or employ any automated device, software tools, harvester, extractor, scraper, spider, robot, program, code, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, or copy the Sites or any portion thereof, or any Content. Client may not reproduce the Sites or portions thereof in any way, or ‘mirror’ the sites at a separate location or server. Client may not obtain or attempt to obtain any Content through any means not purposely made available through the normal use of the Sites (e.g., using a standard web browser).
Client also expressly agrees not to attempt to reverse engineer, replicate, or circumvent any Software, Product, or service feature of the Sites, or that is marketed through the Sites.
Client also agrees not to attempt to divert traffic from the Sites by use of a confusingly similar domain name. Client agrees not to claim or suggest ownership or control of the Sites, or to imply or suggest any non-existent affiliation with the Sites. Client agrees not to use comment or feedback threads to post support issues, complaints, or issues related to sales, or problems with access to Software, Products, or services including EverWebinar, WebinarJam, Kartra, or others. Client also agrees not to use such opportunities for posting comment spam, links to other software, products, or services, or attacking other users. Client understands and agrees that any such prohibited uses may result in the loss of access to the Sites, Software, Products, or services without warning or refund.
Client also may not attempt to gain unauthorized access of any kind to the Sites, or to any Software, Product, or service offered through the Sites via any means including hacking, password guessing, backdoors, code injection, or any other means. Client also agrees that you will not engage in any activities using the Sites that violate applicable laws or regulations in your jurisdiction. Such uses are strictly prohibited and include but are not limited to, invasion of privacy laws, laws pertaining to defamation or libel, or the like.
4. Billing Policy and Payment
Use of GENESIS DIGITAL products and services (including but not limited to WebinarJam, EverWebinar, and Kartra) constitutes your acceptance of and agreement to comply with this section.
All accounts are set up on a prepaid basis. Payment must be received by GENESIS DIGITAL before any billable product or service is provided/activated. In the event of a trial period, payment information must be on file before Client’s account is created. Client is required to keep a valid credit/debit card on file to charge for recurring monthly subscription fees. All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
Trial subscriptions are limited to one trial per person, per product. The purchase and subsequent cancellation of multiple trials may result in permanent closure of the account. If it is determined that any Client fails to pay the agreed upon monthly or annual payments by exploitation of any self-billing feature, all associated accounts may be terminated immediately, without warning, and Client will be billed for all unpaid usage.
Subscription billing is based on the availability of products and services within the parameters defined by Client’s package(s). Certain fees may be usage-based (e.g.WebinarJam/EverWebinar for Mass Market events).
Payment receipts are provided electronically with each purchase and may also be provided upon Client’s request.
4.1 Billing Cycle:
Credit/Debit Card Billing: All credit/debit cards are automatically charged on the Client’s specific billing cycle date.
Payment failure: In the event a credit/debit card fails to charge successfully, access to the product will immediately cease.
Deactivation: GENESIS DIGITAL reserves the right to remove Client application data from its servers after nonpayment.
Cancellation: Cancellation of a subscription immediately stops automatic subscription billing. If there is time remaining in a subscription period, access to the service will remain open until the end of the prepaid billing cycle.
4.2 Fees:
Collections Fee: In the event an account is submitted to a third-party collections service, a $35.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.
Chargebacks: If a customer initiates a chargeback, GENESIS DIGITAL may assess a $50.00 processing fee for each individual chargeback.
Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
GENESIS DIGITAL reserves the right to increase subscription pricing at the time of renewal.
4.3 Payment Methods:
GENESIS DIGITAL accepts payments from most major credit cards, and in some cases, PayPal.
4.4 Subscription Billing:
Invoices are generated and payments are collected at the beginning of each billing period. Client billing periods typically begin on the day of the month (or year for yearly plans) in which the Client purchases the GENESIS DIGITAL subscription. Clients must request to cancel their subscriptions at least 10 days prior to their next billing date to avoid being charged on the billing date. GENESIS DIGITAL will not prorate any portion of unused subscription services. All subscription fees are nonrefundable except as described below.
4.5 Account limits:
Every Kartra package or plan comes with limits on certain areas of asset creation and resources consumption as follows:
(a) Unlimited features:. All packages currently offer unlimited asset creation for the following features: emails, bandwidth, pages, videos, products, memberships sites, help desks, Funnel Mappers
(b) Resources consumption limits: the amount of system resources Client may consume, without upgrading, through a standard monthly billing cycle.
Starter package: up to 2,500 leads or contacts, 1 language, 15,000 emails, 1 integrated custom domain, 5 Team Members.
Growth package: up to 12,500 leads or contacts, unlimited languages, 3 integrated custom domains, 10 team Members, 300 webinar attendees.
Professional package: up to 25,000 leads or contacts, unlimited languages, 5 integrated custom domains, 20 Team Members, 1000 webinar attendees.
Enterprise package: up to 250,000 leads or contacts, unlimited languages, 50 integrated custom domains, 50 Team Members, 5000 webinar attendees.
4.6 Exceeding Plan Limits:
Automatic Package Upgrade: Accounts are automatically upgraded to the appropriate package when the CONTACT count goes beyond the package limit, which will result in a higher subscription fee.
Languages, contacts, custom domains, Team Members: These features are subject to plan limits. An upgrade to the next plan level is required once account limits are met. The features currently offered on an unlimited basis are: emails, bandwidth, pages, videos, products, membership sites, help desks, Funnel Mappers.
4.7 Excessive Use of “Unlimited” Plans:
Client’s excessive use of “unlimited” plans may cause a degradation in the service(s) GENESIS DIGITAL provides. Unauthorized or excessive use beyond that normally experienced by business customers may lead to account throttling, suspension, or termination. Unlimited shall never be shared with any other independent or separate account, individual or user. For this reason, GENESIS DIGITAL may consider a Client’s use to be “excessive,” in GENESIS DIGITAL’s sole discretion, when considering the following categories of use:
(a) Unreasonable number of requests to our servers, (b) Volume of page views, (c) Volume of video views, (d) Video streaming bandwidth consumed, (e) Number of Videos uploaded per day, week, month, etc., (f) Number of emails sent per day, week, month, etc. This list is non-exhaustive and GENESIS DIGITAL reserves the right to determine Client’s excessive use of unlimited plans at any time, for any reason.
In addition, unlimited plans cannot, under any circumstances, be used for providing a video service, email service, or other high volume or multi-person video or email purposes.
GENESIS DIGITAL further reserves the right to withdraw or change any unlimited feature at any time. If GENESIS DIGITAL makes any change(s) to an unlimited feature, Client will receive a notification describing the change(s) to the relevant unlimited feature and the date such changes take effect.
4.8 Package Upgrade/Downgrade:
GENESIS DIGITAL subscriptions are purchased on a fixed-term basis: monthly, yearly, or bi-yearly, depending on the plan Client registers for. When an account is upgraded to a higher tier, the system will run a one-off pro-rated charge for the remaining days of the current billing period. Thereafter, the standard fees for Client’s newly upgraded package will become effective. Overages are charged based on the package subscription active at the time the overages are incurred.
Account downgrades require communication with GENESIS DIGITAL’S support portal to ensure Client’s account assets are reduced below package requirements. Account downgrades will go into effect the following billing cycle.
4.9 Limitations During Trial Periods:
As it relates to WebinarJam, during the trial period, trial users will experience certain limitations. Access to the API and automation features will not be available to trial users. Additionally, there is a maximum of 500 email invitations that can be sent from the registration pages during the trial period.
4.10 Refund Policies:
Refunds only available to new customers on the following terms and must be requested within 30 days of the commencement of a subscription.
Kartra usage overage fees are non-refundable.
Trial payments are non-refundable.
Refunds will not be given for unused or partially used subscriptions.
4.11 Cancellation Process:
Creating a cancellation request: A request to cancel a GENESIS DIGITAL Product must be initiated at least 10 days prior to the next invoice date. For Kartra users, cancellation can also be done via the Billing Profile self-service portal in Client’s Account. Any other request to cancel a GENESIS DIGITAL Product must be made via the customer support portal with a GENESIS DIGITAL representative at least 10 days prior to the next invoice date. Clients are encouraged to keep records of all communications regarding cancellation. Until a cancellation request is made, or a cancellation processed via the self-service portal, GENESIS DIGITAL will continue to treat Client’s Account as an open account. Unless canceled, the billing cycle will continue, possibly resulting in a past due account that may be turned over to a third-party collection service. It is imperative to contact a GENESIS DIGITAL representative, utilize the self-service option, or submit an online ticket if Client wishes to initiate cancellation of its GENESIS DIGITAL account.
Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges. At the time of cancellation, any outstanding balance must be settled. All canceled accounts with an outstanding balance may be turned over to a third-party collection service.
Client Data may be deleted at the discretion of GENESIS DIGITAL when Client’s account is closed for any reason.
4.12 Billing Disputes:
Client agrees to provide GENESIS DIGITAL 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should GENESIS DIGITAL receive a chargeback from a third-party credit/debit card company or bank on the Client’s behalf before GENESIS DIGITAL has been given a chance to resolve the issue, GENESIS DIGITAL may charge Client for its time spent resolving such disputes and any associated fees incurred by GENESIS DIGITAL, in addition to the $50.00 chargeback fee mentioned above. Regardless of the outcome of the chargeback, GENESIS DIGITAL retains the right to collect on any services or fees that are due. GENESIS DIGITAL may submit any disputed amounts to a collection agency. Once a chargeback has been received, GENESIS DIGITAL has the right to suspend the account until the matter is resolved.
4.13 Applicable Taxes:
The fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). Client agrees to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent GENESIS DIGITAL is legally required to collect the same, will be itemized on the product invoice. If Client has an obligation to withhold any amounts under any law or tax regime (other than U.S. income tax law), Client will gross up the payments so that GENESIS DIGITAL receives the amount actually quoted and invoiced. If GENESIS DIGITAL has the legal obligation to pay or collect Taxes for which Client is responsible under this section, the appropriate amount will be invoiced and paid by the Client unless, prior to the invoice date, the Client provides GENESIS DIGITAL with a valid tax exemption certificate authorized by the appropriate taxing authority.
Unless otherwise indicated in writing, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. In no event will GENESIS DIGITAL credit, refund, or reimburse you for a foreign exchange fee charged by your credit card for any difference in fees due to currency conversion. Client understands and agrees that GENESIS DIGITAL uses dynamic marketplace pricing. Client’s pricing is subject to change at the sole discretion of GENESIS DIGITAL at any time.
4.14 Subscription Ownership, Control, and Transfer:
GENESIS DIGITAL shall not be responsible for any ownership conflict between two (or more) partners, associates, staff members, customer, or managers claiming ownership or control over a GENESIS DIGITAL Product account. GENESIS DIGITAL will always regard the person or entity currently paying for the account as the sole and rightful owner (and manager) of the account.
GENESIS DIGITAL will only consider an account ownership transfer upon express written consent from both parties involved in the transaction: the current account owner and the designated account recipient. Once the transfer is approved by GENESIS DIGITAL, the transfer is non-revocable, and the recipient will become the sole and rightful owner thereafter. Moreover, from the date of transfer onwards, the account recipient will become responsible for all future payments on the account and warrants they have read and agreed to this Agreement and all incorporated policies. In the event of a transfer of an account, the recipient shall be required to purchase a new subscription at current rates.
5. Product Performance
GENESIS DIGITAL cannot guarantee that every Product or service description on the Site is 100% accurate, complete, reliable, and/or error-free. GENESIS DIGITAL is not responsible for the accuracy of any descriptions for any Product or service sold by third parties using EverWebinar or WebinarJam, or the accuracy of the description of any third-party product or service purchased via Kartra. Except as expressly provided, Client’s sole recourse is from the third-party providing the Product(s)or service, or from whom you purchased the Product(s).
Due to changes in technology and the marketplace, GENESIS DIGITAL may make modifications to the Products that comprise Client’s Agreement, or particular components of such Product (including but not limited to discontinuing a component of the Product) from time to time.
Client acknowledges and agrees that all features and content of the GENESIS DIGITAL Products are subject to availability of a suitable or adequate internet connection, valid email account, computer equipment and sufficiently available bandwidth at the time of Client’s attempted use or access. Client shall be solely responsible for procuring the necessary computer equipment and internet connection required for accessing and using the Products. Client shall hold GENESIS DIGITAL harmless from any failure or inability to access the Products resulting from Client’s failure to procure any such necessary equipment or services.
GENESIS DIGITAL makes all reasonable efforts to be as accurate as possible in its descriptions including descriptions of services, options, and products offered or available on the Site(s). We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every product or service description on the Site is 100% accurate, complete, reliable, and/or error-free. We do not assume any responsibility for the accuracy of any descriptions for any product or service sold by third parties using EverWebinar, WebinarJam, or Kartra. Except as expressly provided, your sole recourse is from the third party providing the product or service, or from whom you purchased.
6. Product Support
Technical support and troubleshooting for reported issues that are directly related to the Product(s) purchased by Client are included as part of Client’s agreement. GENESIS DIGITAL shall not be obligated to provide technical support or to cure issues regarding third-party applications, customizations, integrations with third-party applications, internet or local network connectivity, Client’s local infrastructure or workstations, or issues caused by Client’s users, agents, or other technology providers. Client’s Agreement includes access to 24/7 Product Support. Depending on the nature of the reported technical issue, GENESIS DIGITAL may initiate further troubleshooting efforts, which may include chatting with an agent via the live chat feature, responding via e-mail to a support ticket created by Client, or in certain cases providing direct phone support, remote screen-sharing, and/or direct access into Client’s database, files, Software or environment. Any support response shall be provided in GENESIS DIGITAL’s sole discretion. By requesting support, Client shall be deemed to have granted GENESIS DIGITAL, its Affiliates and agents, permission to utilize any and all methods of support listed in this Paragraph.
7. Client Data
Client shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership of all Client Data. Client shall only disclose, submit, or provide to GENESIS DIGITAL Client Data as necessary for GENESIS DIGITAL to provide Client’s Product. Client hereby grants GENESIS DIGITAL a non-exclusive, royalty-free, fully-paid, worldwide license (with the right to sublicense) during the Term to access, use, reproduce and create derivative works of Client Data in order to provide and improve Client’s experience, for general Product research and development, data analysis, and data aggregation in de-identified form, and to fulfill GENESIS DIGITAL’s obligations under these Terms. Aggregated and statistical non-personal information (“Aggregated Data”) derived from the operation of the applicable Product shall be owned by GENESIS DIGITAL and nothing herein shall be construed as prohibiting GENESIS DIGITAL from using Aggregated Data for business and/or operational purposes. GENESIS DIGITAL may share Client Data, including but not limited to Aggregated Data, with any third party in accordance with the Privacy Policy. Client hereby represents and warrants that Client has provided all necessary and appropriate notices and opt-outs, and has obtained all necessary and appropriate consents, approvals and rights to collect, process, use, store, enhance and disclose the Client Data and allows GENESIS DIGITAL to use, store, disclose and otherwise process such Client Data as contemplated by these Terms, including to and from End Users wherever required under applicable law.
8. User Content
GENESIS DIGITAL does not endorse any goods, services, products, promotions, or offerings (“User Content”) provided via, distributed, submitted, or promoted with or used with any GENESIS DIGITAL Products. GENESIS DIGITAL may not agree with or condone particular claims, opinions, or viewpoints promulgated or expounded using the Products. GENESIS DIGITAL expressly disclaims any and all liability in connection with goods, services, products, promotions, or offerings.
9. External Links, Affiliate Relationships and User-Driven Marketplaces
9.1 Third Party Sites:
GENESIS DIGITAL may provide various links to external sites that provide useful resources, products, or services. In some cases, when accessing GENESIS DIGITAL Sites, hyperlinks (or “links”) will direct Clients to or connect Clients with other websites that are not related to the Sites. Where such websites are third-party owned and operated, they are not prepared by, offered by, or controlled by GENESIS DIGITAL. In such cases, GENESIS DIGITAL is not responsible in any way for the quality, content, nature, applicability, or reliability of third-party sites accessible by hyperlink from GENESIS DIGITAL Sites. If Client chooses to leave a GENESIS DIGITAL Site, Client should be aware that neither this Agreement nor any GENESIS DIGITAL policies apply to third-party sites. Client should review the applicable terms and policies, including privacy and data-gathering practices, of third-party sites, regardless of whether Client followed a link from a GENESIS DIGITAL Site to get there.
Unless stated otherwise, GENESIS DIGITIAL’s decision to provide links to external or third-party sites does not imply affiliation, endorsement, or adoption of those sites, any information contained therein, or any products or services offered on the third-party sites. GENESIS DIGITAL does not and cannot guarantee that the information or other material linked is accurate, current, or available. Client understands that GENESIS DIGITAL assumes no responsibility or liability for any external links or any content on such third-party sites, and Client agrees that GENESIS DIGITAL is not responsible whatsoever for any actions Client takes on third-party sites, including any purchases. GENESIS DIGITAL likewise makes no claims regarding and accepts no responsibility for third-party sites that link to any GENESIS DIGITAL Sites.
Even where GENESIS DIGITAL expressly endorses a product or service (which endorsement may be based on the personal or professional opinion of one or more persons), Client understands that GENESIS DIGITAL’s position or opinion on the product or service is based on those factors we have considered, and that we do not have the ability to evaluate or opine on the quality, price, advisability, suitability, need, or satisfaction that Client may experience with such products or services. Client should always do your own due diligence on any product or service prior to purchasing, to determine if it is right for you, whether or not GENESIS DIGITAL recommends it.
9.2 Affiliate Offerings:
In some cases GENESIS DIGITAL or its owners may have an affiliate relationship with a third-party site or service provider mentioned on the Sites, and may be compensated (e.g., receive a valuable benefit, or even a commission) if Client visits and/or purchases a product or service from the affiliated site. GENESIS DIGITAL will generally endeavor to identify any such relationships so that you understand that even though we endorse a particular product or service, GENESIS DIGITAL also may be compensated in some way if Client chooses to do business with the recommended business or site. However, Client should assume that GENESIS DIGITAL does have such a relationship – and that GENESIS DIGITAL will be compensated if Client purchases a product or service. Where GENESIS DIGITAL has an affiliate relationship with such third- party sites, our receipt of compensation does not increase Client’s cost to purchase the product or service, and if you purchase through an affiliate link, you will generally receive valuable bonuses that you would not otherwise be entitled to receive. if the possibility of GENESIS DIGITAL receiving compensation is not agreeable to Client, please do not buy through any link on the Sites.
Likewise, GENESIS DIGITAL’s Software, Products and services, including those that are available through the Sites may also be offered by or through third-party affiliates who are compensated by us, for example if you purchase a product or service from us. While GENESIS DIGITAL is responsible for claims we have made regarding GENESIS DIGITAL’s Software, Products or services, GENESIS DIGITAL is not responsible for any claims made by third parties. Moreover, those third parties may promise the inclusion of various bonuses or additional products or services. If those bonuses, products, or services are a part of GENESIS DIGITAL’s offer, GENESIS DIGITAL is responsible for delivering or providing them and will do so. If the third-party affiliate has offered additional bonuses, products, or services that are not a part of GENESIS DIGITAL’s offer, Client should contact the third-party directly, regarding those bonuses, products, or services.
9.3 User-Driven Marketplaces:
GENESIS DIGITAL’s Software, Products and services, including those that are available through the Sites enable Clients to set up various marketplaces to list, advertise, promote and sell their products and services to other users.
The products and services in Client marketplaces are not created by, offered by, endorsed by
or controlled by GENESIS DIGITAL. GENESIS DIGITAL is not responsible in any way for the quality, content, nature, applicability, or reliability of Client marketplaces. If Client chooses to purchase, register, download or to engage with any products, services, or provider, Client does so at your own risk. GENESIS DIGITAL is not responsible for the accuracy or validity of any information or product. Client understands that GENESIS DIGITAL is assuming no responsibility or liability for any content, and Client agrees that GENESIS DIGITAL is not responsible whatsoever for any damage Client may suffer.
Client should always do your own due diligence on any product or service prior to purchasing, to determine if it is right for you, and whether the product/service provider is a reputed user.
Use of Name and Logo: Use of any branded images, titles, names or logos associated with GENESIS DIGITAL or any of its Products for any purpose is strictly forbidden in the Client marketplace. Anyone deemed to be in violation of this rule will lose access to GENESIS DIGITAL’s Sites, Software, Products, and services without warning or refund.
10. Confidentiality
Client shall not disclose any information related to GENESIS DIGITAL, or its Products, that is either marked confidential or, given its subject matter, would reasonably be regarded as being of confidential nature, without GENESIS DIGITAL’S express written consent. The rights and obligations set forth in this Paragraph shall not apply to: (i) information publicly known or in the public domain prior to the time of disclosure; (ii) information publicly known and made generally available after disclosure through no action or inaction of the recipient; (iii) information already in the possession of recipient, without confidentiality restrictions; (iv) information obtained by the recipient from a third party without a breach of confidentiality; and (v) information independently developed by the recipient.
Client Data may be disclosed to third parties in accordance with the Privacy Policy, including but not limited to instances where disclosure is legally required. GENESIS DIGITAL shall not be liable for disclosure of Client Data or Confidential Information if made in response to a valid court order or authorized government agency.
11. Intellectual Property
11.1 GENESIS DIGITAL and its Affiliates own all rights, title, and interest, including all related Intellectual Property Rights, in and to all GENESIS DIGITAL Products and services, and any suggestions, ideas, enhancement or development requests, feedback, or recommendations provided by Client relating to the Products and services. The GENESIS DIGITAL name and logos, as well the Product names and logos associated with all GENESIS DIGITAL Products and services are trademarks of GENESIS DIGITAL or its Affiliates.
Specifically, regarding all GENESIS DIGITAL Software, GENESIS DIGITAL retains all ownership including all right, title, and interest in and to the Software, the underlying code, and any copies thereof. Regarding GENESIS DIGITAL Sites, all Content (including e.g. text, graphics, video, video scripts, music, artwork, sounds and sound tracks, visual components, photographs, and computer code, as well as branding, logos, and such), including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement on the Sites, or in the Software, products, or services offered through the Sites is owned or controlled by, or under license to GENESIS DIGITAL and is protected by US and international copyright, trademark, trade dress, and various other applicable intellectual property rights, including unfair competition laws.
The prohibition on removing copyright and similar notices applies to any downloadable files that may be provided on the Sites, even where GENESIS DIGITAL gives Client permission to share those files with others. Client must share the file only as GENESIS DIGITAL provides it and Client shall not remove any GENESIS DIGITAL marks, notices, or legends. Third party content, if any, provided by users may be copyrighted by such third parties and its use on the Sites is with permission, or solely for discussion, commentary, and/or educational purposes, and is believed to be a fair use within the meaning of 17 USC § 107.
Client understands and agrees that GENESIS DIGITAL has and keeps all proprietary rights including without limitation all intellectual property rights therein, including copyrights, patents, and trademarks which all remain exclusively GENESIS DIGITAL’S property.
More particularly, Client agrees and acknowledges that the Software is GENESIS DIGITAL’S exclusive property, and that the Software is protected by copyright, trademark protection, database rights, and other intellectual property rights, and may be the subject of patent protection. GENESIS DIGITAL grants Client no express or implied rights under GENESIS DIGITAL’S copyrights, trademarks, patents, or other intellectual property or proprietary rights. Client further understands and agrees that Client shall not, in whole or in part, adapt, alter, assign, clone, copy, create a derivative of, decode, decompile, disassemble, distribute, lease, license, modify, publish, reproduce, reverse engineer, sell, transfer, translate, or vary the Software without the prior written authorization of GENESIS DIGITAL, directly or indirectly through any person in Client’s employ or under Client’s authorization, direction, or control.
Client further understands and agrees that to the extent that any GENESIS DIGITAL Software utilizes, incorporates, or references any third-party software, those portions may remain the intellectual property of such third parties. To the extent that any GENESIS DIGITAL Software utilizes or references any modules, libraries, or the like, that include code that is subject to restrictions on proprietary rights, or which require public licensing terms, those restrictions or terms only pertain to such modules or libraries and do not alter this Agreement, or Client’s rights hereunder, or any proprietary rights as between Client and GENESIS DIGITAL.
The only rights Client has regarding the Products are those usage rights expressly provided in this Agreement. Client also understands that Client may not, directly or indirectly, remove any GENESIS DIGITAL proprietary notices from any Product, including copyright notices, trademark notices, or notices or markings regarding patents or patent status. Likewise, any third-party notices or markings must remain intact. Any effort to remove, replace, or obscure such marks is a violation of this Agreement, and Client’s access and/or agreement may be terminated immediately without refund.
11.2 Client retains all right, title, and interest in and to Client’s Data, including User Content. Client is solely responsible for Client’s User Content and the consequences of creating, copying, submitting, storing, distributing, publishing, selling or offering for sale any User Content using GENESIS DIGITAL Products. Client agrees, affirms, and warrants that Client owns or has the appropriate licenses, rights, or permissions necessary for any User Content that is in whole or part, copied, used, distributed, or submitted by Client using GENESIS DIGITAL’S Products. GENESIS DIGITAL is not responsible for any interactions between Client and End Users, other than providing the technology for Client to make its content available. GENESIS DIGITAL is in no way liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of Client’s relationship with End Users, including any End User reliance upon any information or content that Client provides.
GENESIS DIGITAL will never use its license to Client’s User Content for any purpose other than to enable the Products to perform their functions. Except as required to perform the intended functions, GENESIS DIGITAL will always ask for Client’s permission in cases where GENESIS DIGITAL desires to use Client’s User Content beyond a nominal/inadvertent manner for promotional purposes.
However, solely for the purpose of enabling the Products to perform their functions, including, the distribution, reception, or sharing of such User Content with recipients of Client’s User Content, as well as to cover nominal and/or inadvertent uses of Client’s User Content by GENESIS DIGITAL (or our successors and/or affiliates) in the process of promoting any Products in any media formats and through any media channels, by using such content in connection with the Products or in creating User Content, Client hereby grants GENESIS DIGITAL a worldwide, non-exclusive, royalty-free, non-revocable, perpetual, sub-licensable, and fully transferable license to use, reproduce, distribute, practice, make derivative works of, display, broadcast, and/or perform Client’s User Content. Client also understands that notwithstanding GENESIS DIGITAL’S unfettered right to delete any or all of Client’s Data upon expiration, lapse, or termination of Client’s License, GENESIS DIGITAL reserves the right to preserve any or all of Client’s Data in any form, including on one or more system back-ups. Client grants GENESIS DIGITAL a license to retain copies of Client’s Data (including User Content) at its sole discretion and agrees that Client will bring no claim in connection with or related to GENESIS DIGITAL’S retention of such Data including after Client’s License has ended. Client further agrees that GENESIS DIGITAL has no duty to retain such Data, search for such Data, or provide Client with access to such Data after Client’s License has ended for any reason.
Client further agrees, affirms, represents, and warrants that content Client copied, used, distributed, or which was submitted by Client using the GENESIS DIGITAL Products does not and will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless Client has permission from the rightful owner of the material or Client is otherwise legally entitled to copy, use, distribute, or submit such content using the GENESIS DIGITAL Products and to grant GENESIS DIGITAL all of the license rights granted therein.
12. Term and Termination
Unless stated otherwise in writing, the term of Client’s GENESIS DIGITAL agreement commences on the date Client executes the online purchase and shall continue for the minimum term set forth in Client’s Billing Profile (“Initial Term”).
Without prejudice to any other rights GENESIS DIGITAL may have, GENESIS DIGITAL may cancel Client’s Agreement without notice or refund if Client fails to abide by this Agreement. GENESIS DIGITAL may terminate this Agreement and suspend Client’s access to Products immediately at any time if GENESIS DIGITAL in its sole discretion, is of the opinion that Client’s continued use of any GENESIS DIGITAL Product may infringe upon or cause damage to any third-party rights. Upon termination, Client shall promptly delete Client’s access to and use of the applicable Product. All other obligations Client has agreed to under these Terms shall survive Termination of the agreement for any reason. If Client’s account is terminated by GENESIS DIGITAL, Client is prohibited from creating any new accounts and Client agrees not to attempt to circumvent this provision by attempting to obtain a new account under a different name, email address, using a different IP address, or through any third party.
IMPORTANT: Termination for any reason, including billing End Users who have terminated with Client or where no service is being provided, and Termination for Nonpayment described below, will end ALL use of the applicable GENESIS DIGITAL Product(s). Termination will not only end Client’s ability to make future sales through the GENESIS DIGITAL Software but will also impact any ongoing subscriptions or recurring payments in connection with past sales. Client understands that any and all credit card or other financial transactions that are processed through the KARTRA Software or a connected gateway will no longer be processed. Moreover, any transactions that are handled by a third-party through use of a GENESIS DIGITAL API will be ignored and thus, no longer processed.
Termination for Nonpayment: GENESIS DIGITAL may terminate Client’s agreement WITHOUT notice for nonpayment, where Client’s account is in arrears, delinquent, or past due for seven days. GENESIS DIGITAL reserves the right to provide a short grace period at its discretion for long-standing customers, or customers with long-standing good credit. Client understands and agrees that the consequences of nonpayment may be severe for Client’s business and assumes all liability and risk of loss if Client’s access to any GENESIS DIGITAL Product is terminated for nonpayment. Client agrees that any Termination for Nonpayment is GENESIS DIGITAL’S right and is solely caused by Client’s actions. Client further agrees that this serves as Client’s notice of such Termination for Nonpayment, and that Client assumes all liability for any Termination for Nonpayment and expressly agrees to hold GENESIS DIGITAL harmless for all damages Client may suffer as a result of such Termination for Nonpayment.
13. Authorized Users
By accessing or using GENESIS DIGITAL Products or services, Client represents that Client is authorized to access and/or use the Products, and only individuals within Client’s organization are authorized and permitted to do so (each an “Authorized User”). Client and each Authorized User agree to abide and be bound by these Terms.
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14. Non-Solicitation
During the term of Client’s GENESIS DIGITAL Agreement, and for 12 months thereafter, Client agrees that it will not directly or indirectly recruit, solicit, or otherwise induce or attempt to induce any employee of GENESIS DIGITAL (or its Affiliates) that had direct contact with Client while that employee was acting in the course and scope of the employee’s duties with GENESIS DIGITAL to terminate his or her employment with GENESIS DIGITAL. Client acknowledges that if it breaches this paragraph and the employee left his or her employment with GENESIS DIGITAL, it would be difficult to determine actual damages. Based on what the Parties presently know, they agree that an amount equal to 100% of the relevant employee’s GENESIS DIGITAL annual salary is a reasonable estimate of the damages that would accrue if a breach of this provision occurred in the future and the relevant employee terminated his or her employment with GENESIS DIGITAL as a result. Client agrees that the amount of liquidated damages is fair and reasonable and would not act as a penalty in such an instance.
15. Acceptable Use Policy
Kartra is committed to ensuring the highest level of service for its members. As part of that commitment, it is important that we all abide by this Acceptable Use Policy, thus preserving the highest reputation and deliverability of our service. Violation of this policy may lead to account suspension or termination. Additionally, accounts may be suspended or terminated pursuant to our Terms & Conditions for behavior, activities, or content that threaten our systems.
Prohibited Actions
By using GENESIS DIGITAL Products and services, Client agrees to all the following permissible uses and restrictions. Client’s license to use GENESIS DIGITAL Products is subject to the following:
(i) Kartra may not be used to promote, market, exchange, store or produce offensive, illegal, harassing activities, or business that is likely to be flagged by spam agencies/filters. For this reason, Kartra cannot service content including, but not limited to:
Anything deemed illegal including, but not limited to, illegal goods and services,
Emails that violate CAN-SPAM Laws,
SPAM posting activity of any kind sent to comment or feedback sections of any social media, blog post, or web form,
Pornography/sexually explicit content,
Escort and dating services or products,
Pharmaceutical products,
Products involving unsubstantiated medical claims,
Products or business opportunities promising unsubstantiated income claims or guaranteed profits,
Gambling or sport betting services or products,
Cannabis, marijuana and any related products or services,
Automated financial trading software, Forex robots, stock picks or trading signals, or any other hands-free trading instrument,
Selling or harvesting Social Media “likes”, traffic, leads or followers,
Selling or exchanging email addresses, leads or contact lists,
Email advertisements for multiple companies all to the same list (sometimes known as “dedicated email ads” or “solo email ads”),
Anti-vaccination movement
Content Subject to Scrutiny
(ii) While the following activities are not forbidden, they have a higher-than-normal likelihood of resulting in a loss in reputation and email delivery. As a result, businesses engaging in these practices that cause or may cause a degradation in the service Genesis Digital provides may be subject to review resulting in throttling, suspension, or termination:
Online trading, day trading tips, or stock market related content,
Crypto currencies, virtual currencies or digital currencies,
Daily horoscope reports,
Mortgages, loans and certain financial instruments,
Nutritional, herbal, and vitamin supplements,
Adult Entertainment/Novelty Items,
Real estate,
Services that support programmatically sending mail on behalf of third parties without creating or reviewing the content,
Multi-Level Marketing,
Affiliate Marketing and BizOp type of products
Prohibited Actions
(iii) Kartra may not be used in connection with any user content that involves, to any degree, any of the following:
False or misleading business opportunities, scams, or pyramid schemes;
Health claims that have been determined to be false or misleading by a regulatory agency;
illegal activities;
Sales of drugs or pharmaceuticals;
Sales of illegal products or services;
Pornography or sexually explicit content;
Content that promotes or depicts human trafficking, child abuse, animal abuse, or which encourages or promotes abuse of alcohol, drugs or other substances, graphic or gratuitous violence, or people being injured, beaten, hurt, attacked, or humiliated;
Content that is needlessly shocking to the senses, gratuitously gross, or which depicts or promotes accidents, death, hate speech attacking or demeaning a group based on race, ethnic origin, religion, disability, gender, age, and the like;
Any use of the Software in connection with predatory behavior, including invasions of privacy, directed to other persons, particularly children, is not permissible and, will not be tolerated;
Harvesting or scrubbing leads from directories, websites, forums, social media sites, etc. All leads must be acquired through a voluntary form fill-in, such as a registration form, a checkout form, etc.;
Promoting affiliate links via commonly frowned-upon practices in the affiliate marketing industry including, but not limited to: cookie injection, spamming forums or social media, automated scripts, etc.;
Use, initiation, or implementation of any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” on, through, or with the our software in a manner that utilizes more resources from (a) the software, (b) any Genesis Digital server or site, or (c) any third party server or site, in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
The sending or distribution of unsolicited commercial email;
The use of malicious code, spyware, malware, Trojan horses and the like;
Purchased lists (of any form), Rented lists (of any form), List brokers (of any form).
(iv) Client shall not use GENESIS DIGITAL products or services in a manner that infringes on the intellectual property rights of a third party;
(v) GENESIS DIGITAL reserves the right to reject or remove any User Content without prior notice for violating, in GENESIS DIGITAL’S sole discretion, this Acceptable Use Policy, or otherwise violating these Terms in fact or in spirit. GENESIS DIGITAL also reserves the right to delete any or all of Client’s data (including User Content) without notice, upon expiration, lapse or termination of your license for any reason;
(vi) Client shall not use any API, integration, third party software, or otherwise use GENESIS DIGITAL products and services in a way that circumvents the requirement for each unique individual to have a license, and GENESIS DIGITAL reserves the right to limit use of APIs should usage of such APIs be measured to be disproportionate to the number of users associated with Client’s GENESIS DIGITAL Agreement;
(vi) Client shall not use any API, integration, third party software, or otherwise use GENESIS DIGITAL Products and/or services in a way to extract data from any GENESIS DIGITAL Product for commercial purposes, including but not limited to “screen scraping” or other modes of extractions (unless the third party has directly agreed, in a written license agreement with GENESIS DIGITAL, to be given access to extract data, even Client Data protected by a user login, through any means outside of the web application interface as provided by GENESIS DIGITAL
(vii) Client shall not license, sublicense, sell, resell, use as a service bureau, transfer, assign, distribute, or otherwise use or commercially exploit GENESIS DIGITAL Products for a third party’s benefit unless specifically authorized by GENESIS DIGITAL pursuant to a mutually executed written agreement;
(viii) Client has the legal right as a data controller to provide Client’s Data to GENESIS DIGITAL for GENESIS DIGITAL to process;
(ix) Client shall not disassemble, decompile, reverse engineer, copy, reproduce, modify, or create any derivative work of any GENESIS DIGITAL Products or services;
(x) Client shall not allow for individuals outside of Client’s organization to use GENESIS DIGITAL products or services without a license;
(xi) Client shall not resell or otherwise charge third parties for the use of any GENESIS DIGITAL Product or services;
(xii) Client shall use GENESIS DIGITAL Software in compliance with all applicable laws and regulations, including but not limited to local, national and international laws and regulations regarding (1) the sending of distributing of unsolicited commercial email, (2) online transactions regarding work from home or other “business opportunities”, (3) false or misleading advertising, (4) the intellectual or property rights of others, and (5) the use of malicious code, spyware, malware, Trojan horses and the like;
(xiii) Client agrees to comply with GENESIS DIGITAL’S security procedures including password policies (including changing passwords from time to time if directed by GENESIS DIGITAL), to not circumvent any security or access provisions or procedures established by GENESIS DIGITAL, to not implement or utilize any alternative access or backdoors to the Products, and to advise GENESIS DIGITAL as soon as reasonably practical of any security issues Client discovers or of which Client becomes aware;
(xiv) Client agrees that if Client collects any Personal Data from any person in the EU, or if Client is a Controller under the GDPR that Client will only use the GENESIS DIGITAL Products in a manner consistent with the requirements of the GDPR and any nation’s implementation thereof, and that you will only provide lawful access to GENESIS DIGITAL for processing any data on Client’s behalf or on behalf of Client’s customers or leads;
(xv) Client agrees to only use the GENESIS DIGITAL Products and only to use GENESIS DIGITAL as a Processor of data under the GDPR with respect to data for which Client as obtained any and all required consent(s) from the owner of such data;
(xvi) Client shall promptly provide notice to GENESIS DIGITAL of any violation of this Acceptable & Fair Use Policy or any other violation by Client of these Terms;
(xvii) Client is not an employee, associate, contractor, agent, or other related party of a competitor of GENESIS DIGITAL.
16. Publicity
GENESIS DIGITAL may disclose Client as a customer of GENESIS DIGITAL and may use Client’s company’s name and logo on the GENESIS DIGITAL’s websites and in GENESIS DIGITAL’s promotional content in accordance with Client’s brand guidelines or related documentation if provided by Client. GENESIS DIGITAL will be granted a revocable, non-exclusive, non-sub-licensable, non-transferable, royalty-free right and license (the “Trademark License”) to use, display and reproduce such party’s name, logo, trademarks and service marks (the “Trademarks”). GENESIS DIGITAL acknowledges that Client’s Trademark is and will remain the exclusive property of Client. Any goodwill arising from the use of Client’s name and/or logo will inure to Client’s benefit.
17. Disclaimer of Warranty
GENESIS DIGITAL TRIES TO KEEP ALL OF THE PRODUCTS AND SERVICES THAT COMPRISE CLIENT’S GENESIS DIGITAL AGREEMENT OPERATING BUG-FREE, AND SAFE, BUT CLIENT ACKNOWLEDGES THAT ITS USE OF THOSE PRODUCTS AND/OR SERVICES IS AT ITS OWN RISK. GENESIS DIGITAL IS PROVIDING THE PRODUCTS AND SERVICES THAT COMPRISE CLIENT’S GENESIS DIGITAL AGREEMENT AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GENESIS DIGITAL DOES NOT GUARANTEE THAT THE PRODUCTS AND/OR SERVICES THAT COMPRISE CLIENT’S GENESIS DIGITAL AGREEMENT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
GENESIS DIGITAL FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY THAT GENESIS DIGITAL PRODUCTS WILL FUNCTION WHEN INTEGRATED OR COMBINED WITH THIRD-PARTY SOFTARE PRODUCTS.
GENESIS DIGITAL DOES NOT MAKE ANY REPRESENTATION THAT CLIENT’S USE OF ANY GENESIS DIGITAL PRODUCT WILL COMPLY WITH ANY LEGAL REQUIREMENTS IN A PARTICULAR JURISDICTION. CLIENT IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE APPLICABLE GENESIS DIGITAL PRODUCT IS IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF ANY JURISDICTION TO WHICH CLIENT MAY BE SUBJECT.
18. Limitation of Liability
CLIENT ACCEPTS ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CLIENT SUFFERS IN CONNECTION WITH ACCESSING OR USING ANY GENESIS DIGITAL PRODUCTS, OR INSTALLING ANY SOFTWARE, PLUGIN, ADD-ON OR THE LIKE, IN CONNECTION WITH CLIENT’S AGREEMENT. CLIENT UNDERSTANDS THAT GENESIS DIGITAL’S LIABILITY IS STRICTLY LIMITED BY THIS AGREEMENT. DO NOT ACCESS OR USE THE GENESIS DIGITAL PRODUCTS IF YOU ARE UNABLE OR UNWILLING TO ACCEPT THIS LIMITATION. IN NO EVENT SHALL GENESIS DIGITAL OR ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER OR HOWSOEVER INCURRED AS A RESULT OF ANY ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST OPPORTUNITIES, BUSINESS INTERRUPTION, OR LOST INFORMATION, AND LOST DATA, EXCEPT TO THE EXTENT WHICH IT IS UNLAWFUL TO EXCLUDE SUCH LIABILITY. CLIENT’S USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. IN THE EVENT THAT ANY EXCLUSION CONTAINED IN THIS AGREEMENT SHALL BE HELD TO BE INVALID FOR ANY REASON AND GENESIS DIGITAL BECOMES LIABLE FOR ANY LOSS OR DAMAGE, CLIENT AGREES THAT GENESIS DIGITAL’S LIABILITY SHALL BE LIMITED TO THE LESSER OF US $500.00 OR WHAT CLIENT PAID TO LICENSE THE PRODUCT, AS AGREED-UPON LIQUIDATED DAMAGES.
IN NO EVENT SHALL GENESIS DIGITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM:
(i) ANY ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES WITH RESPECT TO THE PRODUCTS SOLD, OR ANY FINANCIAL TRANSACTION INCLUDING BUT NOT LIMITED TO PRICING ERRORS, TRANSACTION PROCESSING ERRORS BY THIRD PARTIES, CREDIT CARD OR SIMILAR FRAUDULENT TRANSACTIONS PROCESSED BY CLIENT OR ON CLIENT’S BEHALF, OR ERRONEOUS OR FRAUDULENT CHARGEBACKS;
(ii) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CLIENT’S ACCESS TO AND/OR USE OF GENESIS DIGITAL PRODUCTS;
(iii) ANY UNAUTHORIZED ACCESS TO OR USE OF GENESIS DIGITAL’S SERVERS, COMPUTERS, OR BUSINESS RECORDS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(iv) ANY LOSS OR DELETION OF CLIENT’S DATA (INCLUDING USER CONTENT) FROM GENESIS DIGITAL’S SERVERS OR SYSTEMS AFTER CLIENT’S LICENSE TO USE THE GENESIS DIGITAL PRODUCTS HAS EXPIRED, LAPSED, OR BEEN TERMINATED FOR ANY REASON BY YOU OR GENESIS DIGITAL;
(v) ANY INTERRUPTION OR CESSATION OF PRODUCT OPERATION;
(vi) ANY BUGS, VIRUSES, MALWARE, SPYWARE, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS BY ANY THIRD PARTY;
(vii) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A DIRECT OR INDIRECT RESULT OF CLIENT’S ACCESS TO OR USE OF ANY GENESIS DIGITAL PRODUCT;
(viii) ANY LOSS RESULTING FROM TERMINATION INCLUDING BUT NOT LIMITED TO TERMINATION FOR NONPAYMENT; AND/OR
(ix) ANY LIABILITY INCURRED BY CLIENT FOR VIOLATIONS OF THE GDPR OR SIMILAR PRIVACY REGULATIONS WHETHER OR NOT BASED IN WHOLE OR PART ON GENESIS DIGITAL’S PROCESSING OF ANY DATA PROVIDED BY CLIENT TO GENESIS DIGITAL OR PROCESSED IN CONNECTION WITH PROVIDING THE SERVICES HEREUNDER TO CLIENT OR ON CLIENT’S BEHALF;
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GENESIS DIGITAL WAS ADVISED OF OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES.
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS PARAGRAPH ARE INTEGRAL TO THE AMOUNT OF FEES CHARGED IN CONNECTION WITH MAKING CLIENT’S GENESIS DIGITAL AGREEMENT AVAILABLE TO CLIENT AND THAT, WERE GENESIS DIGITAL TO ASSUME ANY FURTHER LIABILITY OTHER THAN SET FORTH HEREIN, SUCH FEES WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER. THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO CLAIMS RELATED TO THIRD PARTY SOFTWARE AND ITS OWNERS AND PROVIDERS.
19. Indemnification
Client shall fully indemnify, hold harmless and defend GENESIS DIGITAL and its directors, officers, employees, agents, stock holders, subsidiaries, and Affiliates (collectively “GENESIS DIGITAL Indemnified Parties”) from and against all claims demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to (1) Client’s use of GENESIS DIGITAL’S Products, (2) any breach of any representation or warranty of Client contained in these Terms, (3) any breach or violation of any covenant or other obligation or duty of Client under these Terms or under applicable law, (4) any claim that User Content Client offered, created, copied distributed or promoted directly or indirectly using GENESIS DIGITAL Products caused damage to a third-party; (5) Client’s violation of any third-party right, including without limitation any copyright or other property right, or privacy right, including under the GDPR; (6) Any claim that GENESIS DIGITAL violated provisions of the GDPR based on processing data (a) in accordance with instructions that Client provided to GENESIS DIGITAL; or (b) expressly or impliedly on Client’s behalf to provide agreed upon services to Client; and/or (7) Client’s use of AI within GENESIS DIGITAL’S Products, including but not limited to any copyright infringement matters and/or personal informationdata infringement matters that may arise from such use. This indemnification section expressly survives termination of this agreement and Client’s use of GENESIS DIGITAL Products.
20. Assignment
Client shall not directly or indirectly assign, transfer, convey, pledge, encumber, or otherwise dispose of any rights or obligations under this Agreement without the prior written consent of GENESIS DIGITAL, which consent will not be unreasonably withheld. Any assignment made without GENESIS DIGITAL’s consent is void and ineffective. GENESIS DIGITAL can assign or transfer any rights or obligations under this Agreement without the prior written consent of the Client. In the instance that such assignment occurs, GENESIS DIGITAL will make reasonable efforts to give notice to Client of such transaction.
21. Anti-Bribery
GENESIS DIGITAL has an Anti-Bribery and Anti-Corruption Policy. GENESIS DIGITAL shall maintain and comply with these policies.
22. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
23. Integration
These Terms, together with the policies, and the corresponding Agreement executed by Client (which are incorporated by reference) set forth the entire Agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between Client and GENESIS DIGITAL, whether oral or written, relating to the subject matter hereof. These Terms supersede any prior edition of terms and conditions or End User License Agreements with respect to GENESIS DIGITAL Products.
24. Governing Law
WHERE PERMITTED UNDER THE APPLICABLE LAW, CLIENT AND GENESIS DIGITAL AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. NO ARBITER OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS UNDER THESE TERMS AGAINST EITHER PARTY TO THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF BOTH PARTIES.
Client’s GENESIS DIGITAL Agreement, these Terms, any corresponding online forms executed by Client, and any claim arising out of or in connection thereto (including any non-contractual disputes, acts or omissions, or claims in contract, tort, or otherwise), shall be construed under the laws of the State of Nevada regardless of conflict of law provisions. Client and GENESIS DIGITAL irrevocably consent to the exclusive venue of the state or federal courts in Nevada. Neither party will bring any legal action more than two years after the cause of action arose. Client and GENESIS DIGITAL further agree that as a condition precedent to instituting any legal action, the parties must participate in a non-binding mediation.
25. Prevailing Party
In the event of any litigation arising out of or related to this Agreement, and/or any corresponding Agreement executed by Client, the prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses associated with such proceedings, including reasonable attorney’s fees. For purposes of this provision, if a matter is filed in any venue other than the venue specified in the Governing Law section, and the matter is dismissed for improper venue, the party that did not file the action shall be deemed the prevailing party in that action for purpose of recovering costs and expenses.
26. Updates/Changes to Services and Terms
Due to changes in technology and the marketplace, GENESIS DIGITAL may make modifications to the Products and/or services that Comprise Client’s GENESIS DIGITAL Agreement or particular components of such Products or services (including but not limited to discontinuing a component) from time to time, at GENESIS DIGITAL’s sole discretion, and will use commercially reasonable efforts to notify Client of any material modifications. Client agrees that GENESIS DIGITAL will not be liable to Client for any such modifications.
Likewise, GENESIS DIGITAL reserves the right to routinely update, amend or change these Terms. These Terms may be changed or updated from time to time without notice by posting to this site. Client’s continued access or use of the Products is your acceptance of the foregoing Terms of Service in their entirety.
27. Notices
All notices to Client under these Terms will be deemed given when delivered via e-mail to the address set forth in Client’s Account information page. All notices to GENESIS DIGITAL under these Terms will be deemed given when delivered via e-mail to support@genesisdigital.co.
28. Consent to Communication
Client agrees that GENESIS DIGITAL and its affiliates, successors and assignees, reserves the right to send electronic communications to Client for the purpose of informing Client of changes or additions to the Products or services. Client further agrees that from time-to-time GENESIS DIGITAL may contact Client via electronic communications for the purpose of soliciting feedback or participation in user surveys relating to the Products. Any information obtained from Client will not be shared with third parties except in aggregate form, in which case Client will not be identified in any manner as a respondent. Client shall have no obligation to participate in or respond to any such request or survey.
29. Data Processing Addendum; Privacy Policy
The Data Processing Addendum set forth at https://kartra.com/dpa and the Privacy Policy set forth at https://kartra.com/privacy are expressly incorporated into these Terms by reference.
30. Maintenance of Records; Audit Right
During the term of Client’s GENESIS DIGITAL Agreement (and for one year after the expiration of the Term), Client shall maintain complete, accurate and detailed records regarding usage, the number, location, and identity of all users, servers, and installations of GENESIS DIGITAL Products. Upon prior written notice, GENESIS DIGITAL or its authorized representative may conduct an audit of Client’s users, and installations of GENESIS DIGITAL Products. At GENESIS DIGITAL’s election, such audit may be conducted on Client’s premises or remotely. Upon completion of the audit, where GENESIS DIGITAL determines that Client is using or has used GENESIS DIGITAL’S Products in an unauthorized fashion (e.g., exceeding the allotted usage), then Client acknowledges and agrees that a fee increase will apply at then-current list prices on Client’s GENESIS DIGITAL Agreement, effective immediately, backdated to the commencement of the Term of Client’s GENESIS DIGITAL Agreement, and the total amount owed will be amortized over the remainder of the Term of Client’s GENESIS DIGITAL Agreement.
31. Export Control
GENESIS DIGITAL Products are subject to U.S. and foreign export control laws. Client shall not ship, transfer, export or re-export GENESIS DIGITAL Products into any country, or use them in any fashion prohibited by the United States Export Administrations Act or Regulations or any other applicable laws, restrictions, or regulations.
32. International Use
The EverWebinar, WebinarJam, and Kartra Sites are controlled and operated by Genesis Digital, LLC from its headquarters in the United States of America. Because the Sites are hosted on the worldwide web, access may be available in other countries. GENESIS DIGITAL may make the Content, Software, Products, and/or services available to people in any country where legal to do so. However, GENESIS DIGITAL makes no representation that materials on the Sites are appropriate or legal for use in any locations outside the United States. The laws regarding use of webinars, and the dissemination of privately produced video via the Internet may vary in different countries. If Client has access to the Sites from a location outside the United States of America, you and you alone are responsible for compliance with all applicable laws of that jurisdiction. Accessing the Sites from any country where the contents are deemed illegal or where they are contrary to regulations is prohibited. If Client chooses to access the Sites from other locations, Client does so at your own risk. Client is responsible for compliance with local laws and/or consequences of violating such laws or regulations.
33. No Conflicts of Interest
If Client has a personal or financial interest in any site, product, or service that may influence a comment or post, or that a reasonable person would want to know when reading your comment or post, Client agrees to not comment or post information about that site, product, or service without disclosing Client’s personal or financial interest. Client also agrees to never post under an assumed name or to use a false identity on any GENESIS DIGITAL Site(s) for personal gain, or to avoid disclosing Client’s personal or financial interest. Client agrees not to post unfavorable information about any competing business or service without disclosing Client’s personal or financial interests. Client shall also not have another person make such comments or posts for Client’s benefit or gain.
34. Affiliates
Client agrees that GENESIS DIGITAL and its affiliates, successors and assignees, reserves the right to send electronic communications to Client for the purpose of informing Client of changes or additions to the Products or services. Client further agrees that from time-to-time GENESIS DIGITAL may contact Client via electronic communications for the purpose of soliciting feedback or participation in user surveys relating to the Products. Any information obtained from Client will not be shared with third parties except in aggregate form, in which case Client will not be identified in any manner as a respondent. Client shall have no obligation to participate in or respond to any such request or survey.
GENESIS DIGITAL’s Affiliates may include subsidiaries, subcontractors, and sub-processors. GENESIS DIGITAL may subcontract any work under this Agreement to any third party or Affiliate without Client’s prior written consent. Subject to the limitation of liability provision above, GENESIS DIGITAL shall remain responsible for the performance acts and omissions of any subcontractor or Affiliate.
Terms updated January 2024.