Terms of Service

1. Who we are and what these Terms cover

These Terms of Service ("Terms") govern your access to and use of Genesis Gateway, including the Genesis website, account dashboard, APIs, hosted Gateway services, Genesis Credits and related features.

Genesis Gateway is operated by VICTOR BRZEZINSKI, based at Office 7761OX, 3 Fitzroy Place, Area 1/1, Sauchiehall Street, Glasgow City Centre, G3 7RH, Scotland, United Kingdom ("Genesis", "we", "us" or "our"). You can contact us at [email protected].

By creating an account, accepting these Terms, purchasing Genesis Credits or using Genesis after accepting these Terms, you enter into a contract with us. If you use Genesis on behalf of a business or other organisation, you confirm that you have authority to bind that organisation to these Terms.

If you are purchasing Genesis Credits as an individual, you must be at least 18 years old and legally capable of entering into a contract.

2. What Genesis provides

Genesis provides hosted, usage-based AI and speech infrastructure for software and interactive applications. Depending on the feature being used, a request may involve speech recognition, language-model inference, speech synthesis, routing, caching, safety or abuse controls, billing infrastructure and related processing.

Genesis may use multiple third-party AI, speech, hosting, networking and infrastructure providers to provide the service. We may change the providers, models, voices, routes or technical systems used behind Genesis without requiring you to change your API key or integration.

Unless expressly agreed otherwise in writing, we do not guarantee that any particular provider, model, voice, route, latency level, feature or output format will remain available.

3. Accounts and API credentials

You are responsible for activity carried out using your account and API credentials. You must take reasonable steps to keep credentials secure.

You must not knowingly publish private API keys, expose them in publicly accessible client-side code, give another person unauthorised access to your account or use credentials belonging to another person without permission.

If you believe your account or API key has been compromised, you should revoke the affected credential and contact us promptly where necessary. We may revoke credentials or sessions where reasonably necessary to protect Genesis, your account, other customers or our providers.

4. Genesis Credits

Genesis Credits are prepaid service credits used to pay for eligible Genesis Gateway services. A dollar-denominated balance displayed in your account represents Genesis service credit. It is not a bank account, deposit account, electronic-money account or investment, does not earn interest and cannot ordinarily be withdrawn or redeemed for cash.

Genesis Credits:

• can be used only for eligible Genesis services;
• are associated with the account to which they are issued;
• are not transferable between customers unless Genesis expressly permits it;
• cannot be used to pay third-party merchants;
• cannot be sold or exchanged for cash; and
• may include promotional or bonus credits in addition to credits purchased directly.

If promotional or bonus credits have an expiry date or additional conditions, those conditions will be disclosed when they are issued.

Purchased credits will not be retrospectively reduced simply because our pricing changes. However, the amount of Genesis service that a given credit balance can purchase may change because future usage rates, routes, provider costs and features may change.

5. Usage charging

Genesis charges for actual or reasonably measured service usage. The amount charged for a request may depend on factors including the selected routing mode, underlying model or provider, input and output size, audio duration, processing performed, retries and applicable provider pricing.

A request may incur a usage charge where chargeable provider work has already been performed even if the request is subsequently cancelled, disconnected or fails.

Genesis uses internal authorisation, reservation, capture, release and ledger systems to account for service usage. Your Genesis ledger is the authoritative record of Genesis Credits added to, reserved from, charged against or returned to your account, subject to correction of genuine billing errors.

Turn counts, cost-per-turn figures and "estimated turns remaining" figures shown in Genesis are estimates only. Actual usage varies.

6. Prices and taxes

The price payable for a purchase will be shown before you complete the transaction. Where we are required to charge VAT, sales tax or another applicable tax, it will be calculated or displayed as required before payment.

Prices and usage rates may change as Genesis, provider pricing and available infrastructure change. Changes to usage rates apply prospectively and do not alter charges for service usage that has already been settled.

7. Payments

Payments may be processed by third-party payment providers such as Stripe. Genesis does not intentionally receive or store your full payment-card number or card security code.

A successful payment may result in Genesis Credits being added to your account after the payment has been verified by our payment systems. A browser redirect, success screen or client-side message is not by itself proof that payment has been completed. Genesis may wait for verified payment confirmation before issuing credits.

If a payment is reversed, refunded, disputed, charged back or later found to be fraudulent, we may remove the corresponding unused Genesis Credits. Where credits associated with a reversed payment have already been consumed, we may restrict further paid usage, place the account into a negative balance where appropriate, or require the outstanding amount to be resolved before further service is provided.

We will not knowingly charge the same verified payment more than once for the same credit purchase.

8. Consumer cancellation rights and refunds

Nothing in these Terms excludes or restricts consumer rights that cannot lawfully be excluded.

If you are a UK consumer and a statutory 14-day cancellation right applies to your purchase, you may exercise that right by contacting us within the applicable period.

Genesis is intended to be available for use immediately after credits are supplied. Where required by law, we may ask you to expressly request that supply or performance begins during the cancellation period. If you request immediate performance and use Genesis before your cancellation period expires, we may deduct an amount proportionate to the service already supplied before cancellation where applicable law permits us to do so.

If a particular Genesis supply is legally treated as digital content rather than a service, additional rules regarding consent to immediate supply and the loss of cancellation rights may apply. Where necessary, those consents will be presented separately during the purchase process.

Outside any statutory right to a refund or cancellation, refunds are discretionary. You should contact [email protected] if you believe a payment was duplicated, made in error, your account received the wrong amount of credit, you experienced a genuine billing fault, or you believe you have a statutory right to a refund.

Where a refund is issued, corresponding unused Genesis Credits may be removed from the account. Refunding or reversing a payment does not entitle the customer to retain both the returned money and the corresponding Genesis Credits.

9. Account closure and unused credits

You may stop using Genesis at any time and may request closure of your account. Closing an account does not automatically convert remaining Genesis Credits into cash or create an entitlement to a refund, except where applicable law requires otherwise.

Before voluntarily closing an account, you should therefore consider using any remaining purchased Genesis Credits. Where we close or restrict an account, the treatment of unused purchased credits will depend on the circumstances and applicable law. Promotional credits may be cancelled when an account is closed.

Account closure does not require us to erase information that we must or are reasonably permitted to retain for accounting, legal, security, fraud-prevention or dispute-resolution purposes.

10. AI-generated output

Genesis provides access to automated AI and speech systems. Generated text, speech, classifications, transcriptions, routing decisions and other outputs may contain errors, omissions, hallucinations, inappropriate material or unexpected results.

You are responsible for deciding whether an output is appropriate for your application. Genesis output should not be treated as a substitute for professional medical, legal, financial or other regulated professional advice and should not be relied upon as the sole control for safety-critical decisions.

We do not guarantee that AI output will be accurate, complete, unique, suitable for a particular purpose or free from content similar to material generated for another user.

11. Your content

You retain whatever rights you already hold in content you submit through Genesis. You grant Genesis and the service providers used by Genesis the limited rights necessary to receive, transmit, transform and process that content for the purpose of providing, securing, operating and billing the service.

You are responsible for ensuring that you have any permissions or rights required to submit content to Genesis. This clause does not transfer ownership of your content to Genesis. How personal data and service content are processed is explained further in our Privacy Notice.

12. Third-party providers

Genesis depends partly on third-party AI, speech, hosting, networking, payment and infrastructure providers. Those providers may experience outages, change their systems, impose rate limits, withdraw models or features, alter their pricing or otherwise affect Genesis.

Genesis may automatically reroute traffic or substitute providers where appropriate. Unless a feature expressly identifies a provider as guaranteed, you should not assume that a specific upstream provider will process every request.

13. Availability

We aim to provide a reliable and responsive service, but Genesis is not guaranteed to be uninterrupted or error-free. Unless we expressly agree otherwise in writing, no guaranteed service level, uptime, latency or response time applies.

We may temporarily restrict, reroute or suspend services where reasonably necessary for maintenance, security, provider capacity, abuse prevention, legal compliance or operational stability.

14. Acceptable use

You must comply with the Genesis Acceptable Use Policy, which forms part of these Terms.

Among other things, you must not attempt to:

• gain unauthorised access to another account or tenant;
• attack, disrupt or overload Genesis;
• circumvent billing, authentication, capacity or rate controls;
• use stolen credentials or payment methods;
• probe for vulnerabilities without permission;
• fraudulently obtain Genesis Credits;
• resell access in a way we have not authorised; or
• use Genesis in violation of applicable law.

We may take reasonable technical measures to detect and prevent abuse.

15. Genesis intellectual property

Genesis Gateway, including our software, APIs, website, branding, documentation, routing systems and other materials supplied by us, is owned by us or our licensors.

Subject to these Terms, we grant you a limited, non-exclusive and non-transferable right to access and use Genesis for its intended purpose while your account remains authorised. These Terms do not transfer ownership of Genesis or its underlying software to you.

Nothing prevents you from owning software, games, modifications or other applications you independently build using Genesis, subject to any separate licences that apply to third-party materials.

16. Suspension and termination

We may limit, suspend or terminate access where reasonably necessary because of:

• fraud or suspected fraud;
• a security threat;
• a reversed or unpaid payment;
• serious or repeated breach of these Terms or the Acceptable Use Policy;
• attempted circumvention of Genesis controls;
• a legal or regulatory requirement; or
• a material risk to Genesis, our providers or other users.

Where reasonable in the circumstances, we will attempt to provide notice and an opportunity to correct the problem before permanent termination. Immediate action may be taken where necessary to prevent fraud, security incidents, abuse or significant harm.

17. Privacy and security

Our processing of personal data is described in the Genesis Privacy Notice. We use technical and organisational measures intended to protect accounts and the service, but no internet-connected system can be guaranteed completely secure.

You are responsible for maintaining appropriate security within your own applications and for not exposing your Genesis credentials.

18. Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful. In particular, nothing excludes or limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence where such liability cannot legally be excluded, or statutory consumer rights that cannot legally be limited.

If you are a consumer, we are responsible for losses that are a reasonably foreseeable result of our breach of these Terms where applicable law requires us to be. We are not responsible for losses resulting solely from circumstances outside our reasonable control, provided we have taken any steps required of us by law.

If you use Genesis wholly or mainly for business purposes, then to the maximum extent permitted by law we are not responsible for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of anticipated savings or loss resulting from interruption of your business.

Nothing in this section affects rights or remedies that applicable law does not permit us to exclude.

19. Changes to Genesis

Genesis is an evolving service. We may add, remove or modify functionality, models, voices, providers, routes and technical implementations.

Where a change materially affects something you have already purchased, we will take reasonable steps to avoid unfairly depriving you of the benefit of that purchase. Genesis Credits remain service credits even if the underlying technical route used to provide the service changes.

20. Changes to these Terms

We may update these Terms from time to time. Minor changes may take effect when published. If we make a material change that significantly affects your rights or obligations, we will provide reasonable notice where appropriate and may require you to accept the new Terms before continuing to use Genesis.

Genesis may retain a record of the version of the Terms you accepted and the date and time of acceptance. Changes will not retrospectively rewrite completed transactions unless required by law.

21. Transfer of the service

We may transfer our rights and obligations under these Terms to another company as part of a reorganisation, financing, sale, merger or transfer of the Genesis business, provided that doing so does not reduce protections that applicable law requires you to have.

You may not transfer your Genesis account or contractual rights to another person without our permission, except where applicable law gives you that right.

22. General terms

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply. If we delay enforcing a provision of these Terms, that does not mean we have waived our right to enforce it later.

These Terms, the Privacy Notice, the Acceptable Use Policy and any additional terms expressly presented for a particular purchase or service form the agreement governing your use of Genesis. Nothing in these Terms creates a partnership, employment relationship, agency or joint venture between you and Genesis.

23. Governing law and disputes

These Terms and any non-contractual obligations arising from them are governed by Scots law. If you are a consumer, this clause does not remove mandatory protections available under the law applicable to you or any right you have to bring proceedings in a court available to you under applicable consumer law.

If you are using Genesis for business purposes, the courts of Scotland will have exclusive jurisdiction over disputes arising from or connected with these Terms, unless we agree otherwise in writing.

Before starting formal proceedings, we encourage you to contact us so that we can try to resolve the issue.

24. Contact and model cancellation notice

Questions, complaints, cancellation notices and refund requests may be sent to [email protected].

Operator: VICTOR BRZEZINSKI
Address: Office 7761OX, 3 Fitzroy Place, Area 1/1, Sauchiehall Street, Glasgow City Centre, G3 7RH, Scotland, United Kingdom
Email: [email protected]

If you are entitled to cancel under applicable consumer law, you may tell us clearly that you wish to cancel. You do not have to use any particular wording, but you may provide your transaction reference, purchase date, name, account email and a statement that you wish to cancel the applicable Genesis Gateway purchase or service.