Genuiniti is on a mission to protect consumers from counterfeit products by letting them verify the authenticity of products manufactured by brands that use tags supplied by and activated with Genuiniti’s platform.
Since manufacturers of counterfeit products are continuously employing ever more sophisticated techniques to deceive anti-counterfeiting technologies used by brands, Genuiniti is constantly evolving its proprietary technology to detect and thwart such malicious attempts.
This "Terms of Use" document, hereafter referred to as the "Terms", sets out the terms on which Genuiniti offers you access to and use of our websites, web-services, mobile applications, and tools (collectively "Services").
By using our Services, you agree to comply with the Terms, which may be amended from time to time in accordance with the section titled "Amendments" below.
1. Privacy
We greatly value your privacy. However, since Genuiniti is intended to help consumers verify the authenticity of tag-equipped products from participating brands, there are certain limitations to the level of privacy that can be afforded without limiting the Services' ability to effectively achieve this principal goal. Nevertheless, we make every effort to enhance your privacy wherever we can.
Below are important disclosures about how consumers can use Genuiniti to verify authenticity of products, how brands use Genuiniti to activate product tags, and how we collect and can use your content as well as other information:
For users who only need to verify authenticity of products (the “Consumers”), we do not require them to sign-up, sign-in, or provide any personally identifiable information about them.
For operational, research, and development purposes, we collect anonymized location of each product verification scan as provided by your phone's location services and store that information without any reference to any personal identification information about you. We may also use this information to improve our verification technology or to generate reports that allow us to better understand usage without any reference to personal identification information about you. Your phone's location service may utilize GPS, cell tower, and/or Wi-Fi to identify its location.
To protect brands and to ensure that our authentication services are secure and reliable, we require each brand to provide its product information, information about authorized users, and authorized activation locations. We use this information to ensure that only authorized users from each brand can activate tags associated with that brand’s products and the activation can only take place when authorized users are physically present at that brand’s authorized locations.
For brand users, we require that you provide your brand’s real name, logo, and a verifiable email address. We use your email address in conjunction with a password to verify your identity during the sign-in process. We may also use this email address to communicate with you regarding your usage of Genuiniti as well as changes or enhancements to the Genuiniti Services. We may seek additional information about brand ownership if our team needs additional evidence of your brand ownership.
For security of our verification technology and to realize secure and reliable product authentication services, we collect location of each product activation scan as provided by a brand user’s phone’s location services and store that information with information about you, your product, and your brand.
We encourage you to use the above information to make prudent decisions.
2. Product Authentication
Genuiniti allows consumers to verify authenticity of products equipped with tags that have already been activated by a participating brand. To achieve this, we have designed Genuiniti in a way that ensures highest levels of security and reliability when it comes to product activation and verification. We are also continuously evolving Genuiniti to make its security and verification capabilities meet and exceed the industry’s future needs.
However, despite developing and using cutting-edge technology, like any modern technology system we are providing Genuiniti as-is as stated in the “Disclaimer of Warranty” section of this Terms of Use. As such, we encourage you to review that section to make prudent decisions.
When a tag associated with a product has been positively authenticated by Genuiniti, the results of the authentication should be used as one of the many possible factors that indicate the associated product’s authenticity rather than the absolute, sole indicator of that product’s positive authenticity.
Similarly, when a tag associated with a product has been negatively authenticated by Genuiniti, the results of the authentication should be used as one of the many possible factors that indicate the associated product’s lack of authenticity rather than the absolute, sole indicator of that product’s lack of authenticity.
It is critical that you always interpret all indications from Genuiniti in conjunction with other factors such as the product’s physical appearance, source and method of acquisition, operating characteristics, and other knowledge-based, product-specific factors that may validate or invalidate a product’s authenticity before making a final determination regarding a product’s authenticity or lack thereof.
3. Procurement
For tagging products so that they can integrate with Genuiniti’s Services, brands may select and purchase any quantity and type of compatible tags available through Genuiniti’s website. Genuiniti reserves the right to vary the prices of compatible tags based on several factors, including but not limited to, the type of compatible tag being ordered, the quantity being ordered, the brand’s industry and product type.
The price of each tag includes the cost of the tag hardware plus the per unit technology licensing fee. The tags ordered through Genuiniti’s websites are pre-registered with Genuiniti’s Services and should be ready to activate at the brand’s authorized activation location that has been configured by the brand itself using the brand portal at Genuiniti.com.
If a brand experiences difficulty with activating compatible tags ordered through Genuiniti’s website, it may reach Genuiniti via the Support page on Genuiniti.com. For the security of Genuiniti’s Services, any tags once ordered cannot be returned or refunded.
4. Intellectual Property Rights
If you are a brand, you own and are responsible for all of the product and brand information you share on Genuiniti.
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Genuiniti (IP License). This IP License ends when you delete your IP content or if it is deleted by Genuiniti due to a violation of our Terms of Use.
When you delete IP content, it is deleted in a multi-stage process. You understand that removed content may persist in backup copies for a reasonable period of time but will not be available to others during this period.
When you publish content on Genuiniti, you are allowing everyone, including people not using Genuiniti Services, to access and use that information, and to associate it with your brand.
Your feedback about Genuiniti is welcome; however, we may use your feedback without any obligation to compensate you for it just as you have no obligation to offer it.
5. Safety
We do our best to keep Genuiniti safe, but we cannot guarantee it. We need your help to keep Genuiniti safe, which includes the following commitments by you:
You will not post unauthorized commercial content (such as product information that does not belong to the brand you represent) on Genuiniti.
You will not collect other users' content or information, or otherwise access Genuiniti, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful activities using Genuiniti.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user or Genuiniti team member.
You will not post product information that includes hate speech, is threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence or promotes self-harm or harmful activities.
You will not use Genuiniti to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Genuiniti, such as a denial-of-service attack or interference with page rendering or other Genuiniti functionality.
You will not facilitate or encourage any violations of these Terms of Use.
6. Registration and Account Security
Genuiniti brand users provide their real names and business information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your brand account:
You will not provide any false personal information on Genuiniti or create an account for anyone other than yourself without permission.
You will not create more than one brand account.
If we disable your account, you will not create another one without our permission.
If you represent a brand, you will not use Genuiniti if you are under 18.
You will not use Genuiniti if you represent a brand and are a convicted sex offender.
If you represent a brand, you will only use Genuiniti if you are permitted by the brand to do so on its behalf.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not use Genuiniti to do anything unlawful, misleading, malicious, or discriminatory.
You will not transfer your account to anyone without first getting our written permission.
If you select a brand name, user name, or similar identifier for your brand account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a brand name that does not closely relate to a user's actual brand name).
7. Protecting Rights & Compliance
We respect consumers’ and brands’ rights and expect you to do the same.
You will not post product information, conduct product activations or verifications, or take any other action on or using Genuiniti that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post (such as product information) as well as reverse any actions you have taken (such as deactivating products that you have already activated or blocking future product activations) on Genuiniti if we believe that it violates these Terms.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's or entity’s intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or Trademarks or any confusingly similar marks.
If you represent a brand, you will not use another service or system for the same purpose that you use Genuiniti for.
If you represent a brand, for products whose units you ship after activating them with the Genuiniti platform, you will not ship units that have not been activated with the Genuiniti platform.
If you collect information from users, you will: obtain their consent, make it clear that you (and not Genuiniti) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not use Genuiniti to post any product information or conduct product activations for any product that does not belong to a brand you represent.
You will not post product information and/or conduct product tag activations for a product that does not comply with applicable laws. If you do so, you assume responsibility for any liabilities that arise as a result of your actions in addition to action by Genuiniti against you as described in this Terms of Use for violating this Terms of Use.
8. Mobile and Other Devices
We provide our mobile services at no additional cost, but please be aware that your carrier's normal rates and fees, such as data charges, will still apply.
9. Special Provisions Applicable to Software
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open-source license, or we give you express written permission.
10. Non-Disclosure and Anti-Circumvention
As a result of your interactions with us and/or the use of Genuiniti Services, you may explicitly or implicitly receive and/or gain information about the inner workings of Genuiniti as well as its design, operations, limitations, and/or other sensitive trade secrets; it's your responsibility to safeguard any and all such information against third-party disclosure and to not use this information in any way that harms our operations and any interests.
Unless you are expressly permitted to do so under an open-source license, or we give you express written permission, you agree to not create nor support - directly or indirectly - the creation of products and/or services that offer functionality similar to Genuiniti and/or exhibit similar design, look and feel, architecture, and/or features.
11. Amendments
It's your responsibility to stay up to date and review any revised Terms before continuing to use our Services.
Your continued use of the Genuiniti Services, constitutes your acceptance of our amended terms, policies or guidelines.
12. Termination
If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Genuiniti Services to you. We will notify you by email or at the next time you attempt to access Genuiniti Services. You may also disable or uninstall our application at any time. In all such cases, these Terms of Use shall continue to apply for at least the period during which you were actively using Genuiniti.
The terms stated under "Non-Disclosure and Anti-Circumvention" shall continue to apply for a period of three years after you stopped actively using Genuiniti.
13. Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or Genuiniti exclusively in the U.S. District Court for the Southern District of California or a state court located in Orange County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Genuiniti, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Genuiniti and are not responsible for the content or information users transmit or share on Genuiniti. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Genuiniti. We are not responsible for the conduct, whether online or offline, of any user of Genuiniti.
14. Disclaimer of Warranty
Genuiniti's Services are provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Services and assume any risks associated with Your use.
15. Limitation of Liability
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall Genuiniti be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of these Services or out of the use or inability to use the Services (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if Genuiniti has been advised of the possibility of such damages.
16. Special Provisions Applicable to Users Outside the United States
We strive to respect local laws. The following provisions apply to users and non-users who interact with Genuiniti outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on Genuiniti (such as procuring and/or activating product tags) or operate our mobile application or website. You will not use Genuiniti if you are prohibited from receiving products, services, or software originating from the United States.
17. Definitions
By "Genuiniti" or "Genuiniti Services" we mean the features and services we make available, including through (a) our website at www.genuiniti.com and our mobile applications; now existing or later developed.
By "user" we mean any individual or legal entity that directly or indirectly accesses Genuiniti Services – this includes both consumers and brands.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Genuiniti.
By "content" we mean anything you or other users submit, post, provide, or share using Genuiniti Services.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Genuiniti or provide to Genuiniti.
By "brands" we mean entities that legally own one or more brand(s) that has or have entered into an agreement with us to purchase, register, and activate tags for use in conjunction with their brand’s products.
By "tags" we mean NFC tags that are known to be compatible with Genuiniti’s Services.
By "procure" we mean the purchase of tags by brands from Genuiniti with the intent of using them with Genuiniti’s Services.
By "register" we mean using Genuiniti Services to register procured tags with Genuiniti’s Services so that they can be activated by a brand using Genuiniti’s Services.
By "activate" we mean using Genuiniti Services to activate registered tags with Genuiniti’s Services so that they can be verified by consumers using Genuiniti’s Services.
By "verify" we mean using Genuiniti Services to verify the authenticity of tags activated with Genuiniti Services.
By "use" we mean use, run, copy, publicly or private perform or display, distribute, modify, translate, and create derivative works of.
By "Trademarks" we mean the word "Genuiniti" as well as Genuiniti's stylized logo.
18. Other
This Terms of Use document is an agreement between you and Genuiniti c/o Sajware, Inc. References to "us," "we," and "our" mean Sajware, Inc.
This Terms of Use document makes up the entire agreement between the parties regarding Genuiniti and supersedes any prior agreements.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of these Terms, it will not be considered a waiver.
Any amendment to or waiver of these Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent us from complying with the law.
These Terms do not confer any third-party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Genuiniti.
By using or accessing Genuiniti Services, you agree that we can collect and use such content and information in accordance with the section titled "Privacy Policy" above as amended from time to time.
