Welcome to Genzee Baddies’ Terms and Conditions of Use (these “Terms”). This is a contract between you and the Genzee Baddies Group (as defined further below) and we want you to know yours and our rights before you use the Genzee Baddies website or application (“Genzee Baddies” or the “App”). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms (so probably best to read them first!). Please also read our Community Guidelines (which form part of these Terms) and our Privacy Policy.
Please be aware that if you subscribe to services for a term (the “Initial Term”), then the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at Genzee Baddies’ then-current fee for such services, unless you cancel your subscription in accordance with Section 5 below.
You should also note that Section 13 of these Terms contains provisions governing how claims that you and Genzee Baddies Group have against each other are resolved. In particular, it contains an arbitration agreement that will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. You have a right to opt out of the arbitration agreement pursuant to Section 13 below. If you do not opt out of the arbitration agreement in accordance with Section 13, (1) you will only be permitted to pursue claims and seek relief against us on an individual basis only; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
And a notice to California subscribers: You may cancel your subscription and request a refund at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not Genzee Baddies. If you wish to request a refund, please visit Apple Support. If you subscribed using your Google Play Store account or through Genzee Baddies, please contact customer support.
Before you can use the App, you must register for an account (“Account”). To create an Account, you need to:
We monitor for underage usage and will terminate, suspend, or request verification of your Account if we suspect you are underage.
You can create an Account manually or by using your Facebook login details. If you use your Facebook login, you authorize us to access, display, and use certain information from your Facebook account (e.g., profile pictures, relationship status, location, and information about Facebook friends). For more details on the information we use and how we use it, please review our Privacy Policy.
You cannot use another person's Account or share your Account with others without permission.
If you decide to leave Genzee Baddies, you can delete your Account at any time through the ‘Settings’ page by clicking on the ‘Delete account’ link. Your Account will be deleted immediately, but it might take some time for all your content to be completely removed from the App. Your profile information will be handled according to our Privacy Policy. If you delete your Account and then create a new one with the same credentials within a certain period, we will reactivate your original Account.
We use automated systems, user reports, and a team of moderators to monitor and review accounts and content for breaches of these Terms. We reserve the right, at our discretion, to terminate or suspend any Account, restrict access to the App, or use any available operational, technological, legal, or other means to enforce these Terms (including blocking specific IP addresses). For users in the European Union (“EU”), we will notify you of actions against your Account or content unless prohibited by law. For other users, we may take such actions at any time without liability and without prior notice. We reserve the right to terminate or suspend your Account without notice if you violate these Terms, if your conduct on the App or with other users (including offline behavior) is inappropriate or improper, if your behavior on other apps operated by our affiliates is inappropriate, or for any reason we deem justifiable. If your Account is terminated or suspended, you will not receive a refund for any paid services or features you have been charged for. If you believe we have made a mistake regarding your Account or content, you can appeal through the processes outlined in the app or by contacting us.
For EU residents, you have additional rights under the Digital Services Act to access third-party out-of-court dispute resolution processes, seek remedies in the courts of your EU member state, and lodge complaints with your local EU regulatory authority. UK residents have the right to bring a claim for breach of contract if you believe we have breached these Terms by removing, restricting, or limiting access to your content or by suspending or terminating your Account.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible unless you have registered for an Account.
By using Genzee Baddies, you agree to:
You agree not to:
Misbehavior within the Genzee Baddies community is not tolerated. You can report any abuse or complain about member content by contacting us and outlining the abuse or complaint. You can also report a user directly from their profile or in chat by clicking the ‘Block & Report’ link. We reserve the right to investigate any possible violations of these Terms, any user's rights, or any third-party rights and may, at our sole discretion, immediately terminate any user’s access to the App without prior notice, as outlined further in Section 1 above, and/or remove any improper, infringing, or unauthorized member content submitted to the App.
We do not control what our users say or do, so you are solely responsible for your interactions with other users of the App.
In certain circumstances, such as in response to member-generated or press reports of suspected misconduct, Genzee Baddies may investigate whether a member has a criminal history, which may include searching sex offender registries or other public records. If such investigations identify a person with a criminal conviction, Genzee Baddies may use available information to determine whether the person identified by the investigation is the same person as the member about whom the investigation was conducted. Following any such investigation, if Genzee Baddies reasonably believes a member has been convicted of a sex offense (such as sexual assault or sexual harassment, including registered sex offenders), human trafficking, stalking, kidnapping, child abuse, domestic abuse, murder, hate crimes, terrorism, or violent extremism, we may take steps to block that person from using the service and communicating with other members over the platform. Genzee Baddies reserves the right to block members for other offenses, for violations of these Terms, or for any other reasons at our sole discretion. Criminal background investigations, when conducted, are not typically updated. Moreover, while some members may be subject to criminal history checks, these checks are not comprehensive and may give members a false sense of security. Checks for criminal histories are not a perfect safety solution. Criminals may circumvent even the most sophisticated search technology, not all criminal records are public in all states, and not all databases are up to date. Only publicly available convictions are included in checks, and checks do not cover other types of convictions or arrests or any convictions from foreign countries.
You agree to release Genzee Baddies and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that either directly or indirectly arise from your interactions with or conduct of other users of the App. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." This release does not apply to claims, demands, losses, damages, rights, and actions of any kind for any unconscionable commercial practice by Genzee Baddies or for fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact in connection with the App.
Scraping or replicating any part of the App without prior consent is expressly prohibited. This includes any means (automated or otherwise) other than through our currently available, published interfaces—unless specifically allowed under a separate agreement with us.
For information about how Genzee Baddies collects, uses, and shares your personal data, please review our Privacy Policy. By using Genzee Baddies, you acknowledge that we may use such data in accordance with our Privacy Policy.
Generally:
Genzee Baddies may offer products and services for purchase within the App (“In-App Purchase”). If you make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and such additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) through a third-party platform such as the Apple App Store or Google Play Store (“Third Party Store”), or (b) using your credit card, debit card, or PayPal account, processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon our demand.
Subscriptions and Auto-Renewal: Genzee Baddies may offer some services as automatically-renewing subscriptions, such as a one-week, one-month, or three-month subscription (“Premium Services”). If you purchase an automatically renewing subscription, your subscription will renew at the end of the period unless you cancel at Genzee Baddies' then-current price for such subscriptions. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period. Deleting your account or the application from your device does not cancel your subscription. You will be notified of changes in the pricing of Premium Services and given an opportunity to cancel. If you do not cancel after pricing changes, you agree to be charged at Genzee Baddies' then-current pricing for subscriptions.
Cancelling Subscriptions: If you purchased a subscription directly from Genzee Baddies, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or Google Play Store, you need to access your account with that Third Party Store and follow their instructions to change or cancel your subscription. If you cancel your subscription, you may use it until the end of the period you last paid for, but (i) you will not be eligible for a prorated refund, (ii) your subscription will not be renewed, and (iii) you will no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.
Since our Services can be used without a subscription, canceling your subscription does not remove your profile from our Services. To completely terminate your account, you must do so as outlined in Section 15.
Genzee Baddies operates globally, and our pricing varies by region, subscription length, bundle size, and other factors. We frequently offer promotional rates, which can vary, and regularly test new features and payment options. Genzee Baddies reserves the right to limit the availability of any product, feature, service, or offering without notice, impose conditions on honoring any coupon, discount, or promotion, bar any user from transactions, and refuse to provide any product, service, or offering or honor any offer without prior notice.
Free Trials: If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for the subscription. Once your free trial converts to a paid subscription, it will continue to automatically renew at the end of each period, and your Payment Method will be charged until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the current subscription period or free trial period. Deleting your account or the application does not cancel your free trial. If you have previously signed up for a free trial through the Apple Store or Google Play Store, you will not be eligible for another free trial and will be automatically signed up for a subscription and charged accordingly.
Refunds: Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the following terms apply:
You, the buyer, may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed (excluding Sundays and holidays). In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of the portion of any payment you made for your subscription allocable to the period after your death. In the event that you become disabled (such that you are unable to use Genzee Baddies) before the end of your subscription period, you shall be entitled to a refund of the portion of any payment you made for your subscription allocable to the period after your disability by providing notice in the same manner as requesting a refund as described below.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not Genzee Baddies. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction, and hit “Report Problem”. You can also submit a request at Apple Support.
For all other purchases, please contact customer support with your order number (found in the order confirmation email or if purchased from the Google Play Store, by logging in to Google Wallet). You may also mail or deliver a signed and dated notice stating that you, the buyer, are canceling this agreement, or words of similar effect. Include the email address or mobile number associated with your account and your order number. Send this notice to: Genzee Baddies, Attn.: Cancellations, P.O. Box 300940, Austin, Texas, 78703.
Taxes:
The payments required under this section do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If Genzee Baddies determines it has a legal obligation to collect Sales Tax from you, it will be collected in addition to the payments required under this section. If any Premium Services, or payments for any Premium Services, under these Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Genzee Baddies, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Genzee Baddies may provide you with emails, text messages, push notifications, alerts, and other messages related to the App and/or the Genzee Baddies services, such as enhancements, offers, products, events, and other promotions. Upon downloading the App, you will be prompted to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. Regarding other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications or by emailing us at feedback@team.genzeebaddies.com with your request.
The App may allow access to or provide opportunities for you to view certain content and receive other products, services, and/or materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth, and/or software within your mobile device. If you have disabled GPS, Bluetooth, or other location-determining software on your mobile device or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services, and materials. For more information on how the App uses and retains your information, please read the Privacy Policy.
The App, Site, our content, and member content are all provided to you “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Without limiting the foregoing, we do not guarantee the compatibility of any matches.
Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. No advice or information, whether oral or written, shall create any warranty, representation, or guarantee not expressly stated in this section.
Additionally, we do not make any warranties that the App or Site will be uninterrupted, secure, or error-free, or that your use of the App or Site will meet your expectations, or that the App, Site, our content, any member content, or any portion thereof, is correct, accurate, or reliable. Your use of the App or Site is at your own risk. You are solely responsible for your interactions with other members. Genzee Baddies is not responsible for the conduct of any user. Genzee Baddies does not conduct criminal background checks on its members.
These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.
You can delete your Account at any time by logging into the App, going to the “Settings” tab (the gear icon), and following the instructions to terminate your account. Please note that if you delete your Account, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 5. In addition to deleting your account, you will also need to cancel/manage any recurring subscriptions purchased via a Third Party Store (e.g., iTunes, Google Play) to avoid additional billing.
In the event that Genzee Baddies Group determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct which the Genzee Baddies Group regards as inappropriate or unlawful (whether on or off the App), Genzee Baddies Group reserves the right to: (a) warn you via email (to any email addresses you have provided to Genzee Baddies Group) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s) without refund; (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which Genzee Baddies Group deems to be appropriate. You agree that all terminations for cause shall be made in Genzee Baddies Group’s sole discretion and that Genzee Baddies Group shall not be liable to you or any third party for any termination of your Account.
Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.
If your account is terminated by you or by the Genzee Baddies Group for any reason, all provisions of these Terms which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability. Your information will be maintained and deleted in accordance with our Privacy Policy.
There are a few more things we need to mention before you can use Genzee Baddies.
These Terms, which we may amend from time to time, constitute the entire agreement between you and the Genzee Baddies Group. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.