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Genie is a Service(s) bought to you by Gray Matrix Software Pvt. Ltd., the legal entity referred to in all the agreements posted on this Service(s).
This Service may also be referred to as "Products", "We", "Us", "Our" or other terms identifying an entity at our side. Similarly "You", "Your", "Services", "Products" may also constitute you, as per the language usage.
You, as an individual, must be 18 years or older to access or use the Websites and the Service(s).
By accessing or using the Service(s) or Websites, Apps, Chatbots, or authorizing or permitting any User or End-User to access or use the Service(s) or Websites, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “You", “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.
These Terms govern your access to and use of websites, apps, AI, Chatbots, Robots, and all the works from Gray Matrix Softwares Pvt, also addressed as Gray Matrix within this document. For the easier addressing and for the benefit of all the content, products, services, commercial transactions, digital tools and robots will be collectively addressed as “Services” and/or "services"
These Terms also govern visitors’ access to and use of any other services that use our "Services", such as web, app, chatbots, and other services by Gray Matrix that are operated by our users.
For some of Gray Matrix’s other products, services, and programs such as Talkk.ai, Simpley123, Burnbill, Transware, and/or Affiliate program, Reseller Program,
additional Terms of Service may apply and will be posted on the respective Services.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
Please know that you are entering into this agreement with Gray Matrix Software Pvt. Ltd in Mumbai, Maharashtra, India, and any legal disputes will be settled in Mumbai as per the Indian court of law. Any use of language terms as we, our, Gray Matrix, Services, Products, Applications, and in general English usage terms refer to Gray Matrix Software Pvt. Ltd.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, chatbot, apps, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts, inclusion, or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create an account on any Gray Matrix's Services, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt-out of the marketing communication, whether it’s an email, phone call, or text message.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
We have not reviewed, and cannot review, all of the content (such as but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content” or "Services") and are not responsible for any use or effects of such Content. So, for example:
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, Gray Matrix's _Product and Services. For example:
a. Gray Matrix Fees
Fees for Paid Services. Some of our Services are offered for a fee, such as Talkk.ai, TransWare, Burnbill, V-PASS, Genie and Gray Matrix's other Products and Services, and some Ecommerce, Affiliate, Resellers and Business Association Services (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees (for example, Talkk.ai fees, Burnbill fees, Genie fees, and fees associated with specific features, such as Recurring Payments, Signup Payments, and any other associated payments. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a Genie annual plan, you will be charged each year for the following 12-month period. We may charge your account for up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date for Gray Matrix's Paid Services by visiting your billing plan details of the product or services you purchased.
Canceling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s site or app. For each product and service, you would have to do it separately. This also means individual plans.
Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
No-Show Policy. We may have a “no-show policy” for some Paid Services, which means that if you fail to show up or are late for a scheduled session, we may withhold the Service without a refund.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
b. Fees Collected by Business Owners
Fees Paid to Businesses or Business Owners. Business owners may choose to sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. Please note that we are not involved in a businesses’ Services details, or a store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you purchase items or subscriptions from business, your purchase is directly from the business owner, who is solely responsible for the items sold. Please contact the business owner if you have any questions or complaints.
Refunds. We are not responsible for refunds for fees paid to a business owner because those transactions are between business owners and their users. If you would like to request a refund for any fees paid to a business or business owner, please contact the business owner. If you have a complaint regarding a business owner, you can contact us.
You represent and warrant that your use of our Services:
License. By submitting Content to Gray Matrix for inclusion on its product and services, you grant Gray Matrix a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your business or as a user. This license also allows Gray Matrix to make any publicly-posted Content available to third parties selected by Gray Matrix so that these third parties can analyze and distribute the Content through their services. You also give other Gray Matrix users permission to share your Content on other Gray Matrix Services and add their own Content to it
Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private business/user, from view by the authorized visitors) on Gray Matrix Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Internet Traffic. We use a third party, Google, Inc. (“Google”), to measure the Gray Matrix Services audience and usage. By hosting your website, app, or Content on Gray Matrix Services, you agree to assign the traffic relating to your internet property to be measured and analyzed.
Prohibited Uses. By using Gray Matrix Services, you represent and warrant that your Content and conduct do not violate the User Guidelines.
Advertisements. You agree not to display any advertisement for a third party.
Attribution. We reserve the right to display attribution text or links in your Services footer or toolbar, attributing Gray Matrix or its Service or Ads
User IDs. Any user IDs, username, or publicly available URLs, avatars are on a first-come-first-serve basis unless you don't have substantial legal identity or proof. In the case of major, old, publicly known brands with stocks will have a preference for names and identity.
When you register as a user or business, you’re required to provide complete and accurate registration information. In most cases, the contact information you provide as part of the registration process will be used as your administrative contact, technical contact, and billing contact. This contact information can be updated at any time.
Tax Calculations. You are responsible for payment of all applicable Taxes relating to your e-commerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services allow you to include sales taxes or Value-Added Taxes in transactions, you should not rely solely on these features. While our goal is to keep our documents and tools up-to-date, tax laws change rapidly, and we do not guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.
If we are obligated to pay or collect Taxes on your e-commerce activities or your use of Ecommerce Services, you are responsible for such Taxes, and we may collect payment for such Taxes.
Your Responsibilities. You may only use Ecommerce Services for legitimate transactions with your customers. You are solely responsible for all of your e-commerce activities or offline payments, managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws (such as those relating to automatic renewal). Among other things, this means that:
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Gray Matrix product or service violates your copyright, please notify us in accordance with Gray Matrix’s Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Gray Matrix or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
The Agreement does not transfer from Gray Matrix to you or any of its Service or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Gray Matrix. Gray Matrix, its Services or Services, Products, the logo(s), and all other trademarks, service marks, graphics, and logos used in connection with Gray Matrix or our Services, are trademarks or registered trademarks of Gray Matrix or Gray Matrix’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Gray Matrix or third party trademarks.
In using the Services, you may enable or use services, app store, messenger services software (like app stores or plugins), embeds, or applications developed by a third party or yourself (“Third Party Services”) on your Service.
If you use any Third Party Services, you understand that:
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Gray Matrix, or by the posting by Gray Matrix of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Gray Matrix policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your Services uses, or terminate your Services if we believe your services’s storage or bandwidth usage is out of hand and burdens our systems (which is rare and typically only occurs when your Service is used for file-sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your Gray Matrix Services account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Services are provided “as is.” Gray Matrix and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Gray Matrix nor its suppliers and licensors make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
The Agreement and any access to or use of our Services will be governed by the laws of the state of Maharashtra, India in the Mumbai city.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with laws in State of Maharashtra, India. The arbitration shall take place in Mumbai, Maharashtra, India in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
In no event will Gray Matrix, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed Rs.1500 or the fees paid by you to Gray Matrix under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Gray Matrix shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Gray Matrix, its contractors, resellers, affiliates, any business partners and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.
You expressly represent and warrant that your use of our Services and/or associated services and products are not contrary to applicable India Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access to those in the event of a breach of this condition.
If you need a Data Processing Agreement with us for the GDPR requirements that apply to us as a data processor for your services, please follow these instructions.
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement constitutes the entire agreement between Gray Matrix and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Gray Matrix may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Gray Matrix Software Pvt Ltd.
Mumbai, Maharashtra, India
Your privacy is critically important to us. At Gray Matrix Software Pvt Ltd, we have a few fundamental principles:
Genie is Service by Gray Matrix Software Pvt Ltd and you are entering into this policy agreement with Gray Matrix Software Pvt Ltd
Further on in this document Gray Matrix Software Pvt. Ltd. is referred to as "Gray Matrix", "We", "Us, "Our", "Products", "Service(s), and similar terms. Similar "you", "your", "service" will also apply to you as per the normal English usage. If you have any doubt, please contact us before using our Services.
We are the company behind a variety of products and services designed to allow anyone — from consumers, app users, chatbots & AI users and enterprises, small business owners, affiliates or resellers and enterprises — to take full advantage of the power and promise of our Services.
Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.
We only collect information about you if we have a reason to do so — for example, to provide our Services, to communicate with you, or to make our Services better.
We collect this information from three sources: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let's go over the information that we collect.
It's probably no surprise that we collect information that you provide to us directly.
We also collect some information automatically:
We may also get information about you from other sources. For example, if you create or log in to your Gray Matrix Services account through another service (like Google) or if you connect your website or account to a social media service (like Twitter) through our Services feature, we’ll receive information from that service (e.g., your username, basic profile information, friends list) via the authorization procedures for that service. As another example, if you use Payments, we’ll receive information relating to your Accounts, such as your email address and phone number. The information we receive depends on which services you use or authorize and what options are available.
Third-party services may also give us information, like mailing addresses for individuals who are not yet our users (but we hope will be!). We use this information for marketing purposes like postcards and other mailers advertising our Services.
We use information about you for the purposes listed below:
A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:
We share information about you in limited circumstances, and with appropriate safeguards on your privacy. These are spelled out below, as well as in the section called Ads and Analytics Services Provided by Others:
We show ads on some of our users’ sites as well as some of our own, and the revenue they generate lets us offer free access to some of our Services
Under a new California law, the California Consumer Privacy Act (“CCPA”), some personalized advertising you see online and on our services might be considered a “sale” even though we don’t share information that identifies you personally, like your name or email address, as part of our advertising program.
Information that you choose to make public is — you guessed it — disclosed publicly.
That means information like your public profile, posts, other content that you make public on your service, and your “Likes” and comments on other websites are all available to others — and we hope they get a lot of views!
For example, your business or a user profile, content that you upload with any contact information for the public profile.
Please keep all of this in mind when deciding what you would like to share publicly.
We generally discard information about you when it’s no longer needed for the purposes for which we collect and use is — described in the section above on How and Why We Use Information — and we’re not legally required to keep it.
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so. We monitor our Services for potential vulnerabilities and attacks.
You have several choices available when it comes to information about you:
If you are located in certain parts of the world, including California and countries that fall under the scope of the European General Data Protection Regulation (aka the “GDPR”), you may have certain rights regarding your personal information, like the right to request access to or deletion of your data.
If you are located in a country that falls under the scope of the GDPR, data protection laws give you certain rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
You also have the right to make a complaint to a government supervisory authority.
The California Consumer Privacy Act ("CCPA") requires us to provide California residents with some additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it.
The CCPA also requires us to provide a list of the “categories” of personal information we collect, as that term is defined in the law, so, here it is. In the last 12 months, we collected the following categories of personal information from California residents, depending on the Services used:
We collect personal information for the business and commercial purposes described in the How and Why We Use Information section. And we share this information with the categories of third parties described in the Sharing Information section.
If you are a California resident, you have additional rights under the CCPA, subject to any exemptions provided by the law, including the right to:
The personal information we share includes online identifiers; internet or other network or device activity (such as cookie information, other device identifiers, and IP address); and geolocation data (approximate location information from your IP address). These disclosures may be considered a “sale” of the information under the CCPA. We do not sell (or share) information through our ads program that identifies you personally, like your name or contact information. We don’t knowingly sell personal information of those under 16.
On our Service on devices used, you can simply blank out the information you have filled or can put an account deletion request.
You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to or you’d like to contact us about one of the other rights, scroll down to “How to Reach Us” to, well, find out how to reach us.pWhen you contact us about one of your rights under this section, we’ll need to verify that you are the right person before we disclose or delete anything. For example, if you are a user, we will need you to contact us from the email address associated with your account. You can also designate an authorized agent to make a request on your behalf by giving us written authorization. We may still require you to verify your identity with us.
Gray Matrix Services are worldwide. Different Gray Matrix companies are the controller (or co-controllers) of personal information, which means that they are the company responsible for processing that information, based on the particular service and the location of the individual using our Services.
Depending on the Services you use, more than one company may be the controller of your personal data. Generally, the “controller” is the Gray Matrix company that entered into the contract with you under the Terms of Service for the product or service you use. In addition, Gray Matrix, our India-based company, is the controller for some of the processing activities across all of our Services worldwide.
The below explains the controllers for processing your personal information. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent.
Genie, c/o Gray Matrix Software Pvt. Ltd.
B1001, Lotus Corporate Park, Off WEH, Goregaon (E), Mumbai-400 063, India
+91 22 61728100
You can ask us for more information about the steps we take to protect your personal information when transferring it from the EU
Users control the content posted on their service, so any disputes regarding content on a user’s service should be made directly to the service owner, through their through the contact information they make available on our Service