TERMS OF SERVICE

Genda Software Incorporated

Effective Date: August 23, 2025

Last Updated: August 23, 2025

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Genda Software Incorporated, a corporation incorporated under the laws of Ontario, Canada ("Genda," "we," "us," or "our"), regarding your use of the Genda educational platform and related services (collectively, the "Service").

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

Company Information:

  • Legal Name: Genda Software Incorporated
  • Address: 8 Pebble Beach Court, Brampton, Ontario, Canada
  • Website: https://genda.cloud/
2. DESCRIPTION OF SERVICE

Genda provides an AI-powered educational platform that includes:

  • AI tutoring services designed to provide personalized learning experiences
  • AI-generated educational resources and content
  • Tools to help teachers scale personalized learning to their students
  • Features designed to promote genuine learning and discourage academic dishonesty
  • User interaction capabilities including content sharing and profile customization
  • Data export and download capabilities for users
3. ELIGIBILITY AND ACCOUNT REGISTRATION 3.1 Eligibility

The Service is available to users of all ages worldwide. Users under the age of majority in their jurisdiction should obtain parental or guardian consent before using the Service.

3.2 Account Creation

To access certain features of the Service, you must create an account by providing:

  • A valid username
  • A secure password
  • A valid email address (for individual subscribers only)
3.3 Account Responsibility

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized use of your account
  • Ensuring that your account information remains accurate and up-to-date
4. SUBSCRIPTION PLANS AND PAYMENT 4.1 Subscription Options

Genda offers two primary access models:

  • Institutional Access: When educational institutions purchase access for their students, individual students are not charged
  • Individual Subscriptions: Direct-pay subscriptions at $10.00 USD per month for users whose institutions do not provide access
4.2 Payment Processing

Payments are processed through third-party payment processors, including Stripe. By providing payment information, you authorize us and our payment processors to charge your designated payment method.

4.3 Billing and Renewal
  • Individual subscriptions automatically renew monthly unless cancelled
  • Institutional billing terms are governed by separate agreements
  • All fees are non-refundable except as required by applicable law
  • We reserve the right to change pricing with thirty (30) days' notice
4.4 Cancellation

Individual subscribers may cancel their subscription at any time through their account settings. Cancellation takes effect at the end of the current billing period.

5. USER CONDUCT AND CONTENT 5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Upload, post, or transmit content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
  • Violate any intellectual property rights of third parties
  • Attempt to circumvent security measures or gain unauthorized access to the Service
  • Use the Service to cheat, plagiarize, or engage in academic dishonesty
  • Interfere with or disrupt the Service or servers connected to the Service
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Service or its AI algorithms
  • Use the Service for competitive analysis, benchmarking, or to develop competing products or services
  • Access the Service if you are a direct competitor of Genda without express written permission
5.2 User-Generated Content

Users may upload, post, or otherwise make available content through the Service ("User Content"). You retain ownership of your User Content, subject to the rights granted to Genda in these Terms.

5.3 AI-Generated Content

Content generated by Genda's AI systems is not subject to copyright protection. Such content is provided for educational purposes and may be freely used within the scope of the Service.

5.4 Content Monitoring

While we are not obligated to monitor User Content, we reserve the right to review, modify, or remove any content at our discretion, including content that violates these Terms or applicable laws.

6. INTELLECTUAL PROPERTY RIGHTS AND PROPRIETARY PROTECTIONS 6.1 Genda's Intellectual Property

The Service, including its software, technology, AI algorithms, designs, and trademarks, is owned by Genda and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

6.2 Prohibited Reverse Engineering

Users are strictly prohibited from:

  • Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying algorithms of the Service
  • Using automated tools, bots, or scripts to extract data or functionality from the Service
  • Attempting to circumvent any security measures or access controls
  • Creating derivative works based on the Service's proprietary technology
6.3 Competitive Use Restrictions

If you are a competitor of Genda or represent a competing business, you may not:

  • Access or use the Service for competitive analysis or benchmarking
  • Use the Service to develop, enhance, or inform competing products or services
  • Extract, copy, or replicate features, methodologies, or approaches used in the Service
  • Share access credentials with competitors or use the Service on behalf of competitors
6.4 User Content License

By uploading User Content, you grant Genda a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, distribute, and display such content solely for the purpose of providing and improving the Service.

6.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service become the property of Genda and may be used without compensation to you.

7. PRIVACY AND DATA PROTECTION 7.1 Data Collection

We collect only the data necessary for the smooth operation of the platform, including usernames, passwords, and email addresses (for individual subscribers). We do not collect personally identifiable information beyond what is necessary for Service provision.

7.2 Cookies

We do not use cookies or similar tracking technologies.

7.3 Third-Party Services

We use third-party services including AWS for hosting and Stripe for payment processing. These services have their own privacy policies and terms of use.

7.4 Data Export

Users may export and download their data from the platform at any time through their account settings.

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY 8.1 Service Availability

We strive to maintain continuous Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control.

8.2 Educational Outcomes

While Genda is designed to enhance learning, we make no guarantees regarding specific educational outcomes or academic performance improvements. GENDA IS NOT LIABLE FOR LOW GRADES, ACADEMIC FAILURE, FAILURE TO COMPLETE COURSES, OR ANY OTHER ACADEMIC PERFORMANCE ISSUES.

8.3 Academic Integrity

Users are solely responsible for maintaining academic integrity and complying with their institution's academic policies. GENDA DISCLAIMS ALL LIABILITY FOR ANY ACADEMIC OFFENCES, VIOLATIONS OF ACADEMIC INTEGRITY POLICIES, PLAGIARISM, CHEATING, OR OTHER FORMS OF ACADEMIC MISCONDUCT COMMITTED BY USERS. It is the user's responsibility to understand and comply with their institution's academic integrity policies and to use the Service in accordance with such policies.

8.4 AI System Limitations and Disclaimers

Users acknowledge and agree that:

  • AI Bias: AI systems may exhibit biases, reflect limitations in training data, or produce outputs that do not represent diverse perspectives. Users should not rely solely on AI recommendations for important decisions.
  • AI Accuracy: AI may generate inaccurate, incomplete, fabricated, or outdated information ("hallucinations"). All AI-generated content should be independently verified before use in academic or professional contexts.
  • Training Data Limitations: AI responses are based on training data that may not reflect the most current information, local conditions, or specific institutional requirements.
  • No Guarantee of Correctness: Genda makes no representations or warranties regarding the accuracy, completeness, or reliability of AI-generated content.
8.5 Educational Supervision and Human Oversight

USERS ACKNOWLEDGE THAT THE SERVICE IS DESIGNED TO SUPPLEMENT, NOT REPLACE, HUMAN EDUCATIONAL OVERSIGHT. Educational institutions and individual learners remain responsible for:

  • Ensuring appropriate educator supervision of AI-assisted learning
  • Maintaining human oversight of educational processes and outcomes
  • Verifying that AI assistance complies with institutional policies and educational standards
  • Making final educational and assessment decisions through qualified human educators
8.6 Service Interruptions and Critical Timing

GENDA SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR CONSEQUENCES ARISING FROM SERVICE INTERRUPTIONS, DOWNTIME, OR TECHNICAL FAILURES, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS DURING CRITICAL PERIODS SUCH AS:

  • Examination periods or deadlines
  • Assignment submissions or project deadlines
  • Course enrollment periods
  • Critical learning or assessment activities
  • Any other time-sensitive academic activities Users are advised to maintain backup plans and not rely exclusively on the Service for critical academic activities.
8.7 Additional AI Limitations

AI-generated content is provided for educational purposes and may contain inaccuracies. Users should verify important information independently and not rely solely on AI-generated content for critical decisions.

8.8 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENDA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ACADEMIC FAILURES, POOR GRADES, OR DAMAGES ARISING FROM ACADEMIC MISCONDUCT, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Genda, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of or relating to your use of the Service, violation of these Terms, or infringement of any third-party rights.

10. TERMINATION 10.1 Termination by User

You may terminate your account at any time by following the cancellation procedures in your account settings.

10.2 Termination by Genda

We reserve the right to suspend or terminate your access to the Service immediately and without notice for:

  • Violation of these Terms, particularly reverse engineering or competitive use restrictions
  • Academic misconduct or misuse of the Service
  • Suspected fraudulent or illegal activity
  • Non-payment of fees (for individual subscribers)
  • Any other reason we deem appropriate in our sole discretion

Upon termination for violation of Terms, you forfeit any remaining subscription fees or credits.

10.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may retain your information as required by law or for legitimate business purposes.

11. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or via email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

12. GOVERNING LAW AND DISPUTE RESOLUTION 12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

12.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada. You consent to the personal jurisdiction of such courts.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. GENERAL PROVISIONS 13.1 Entire Agreement

These Terms constitute the entire agreement between you and Genda regarding the Service and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.3 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

13.4 Survival

The following provisions shall survive termination of these Terms: Sections 6 (Intellectual Property Rights), 8 (Disclaimers and Limitations of Liability), 9 (Indemnification), 12 (Governing Law and Dispute Resolution), and any other provisions that by their nature should survive termination.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, internet service provider failures, or cyberattacks.

13.6 Notice

Notices to users will be provided through the Service, email, or other reasonable means. Notices to Genda should be sent to our address listed above.

14. CONTACT INFORMATION

For questions regarding these Terms or the Service, please contact us at:

Genda Software Incorporated
8 Pebble Beach Court
Brampton, Ontario, Canada
Email: support@genda.cloud
Phone: +1 (416) 648-3285

By using the Genda Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.