Welcome to MyGentic. Please read these Terms of Use (“Terms”) carefully. They constitute a binding legal agreement between you (“User,” “you,” or “your”) and MyGentic, Inc. (“MyGentic,” “we,” “us,” or “our”).
These Terms govern your access to and use of our website (mygentic.io), the MyGentic application, our platform infrastructure, our voice utilities, the Expert Brain Marketplace and any other products or applications owned and operated by MyGentic (collectively, the “Services”).
By creating an account, clicking “I Agree,” or otherwise accessing or utilizing the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
1. Description of Services
MyGentic provides a specialized professional context orchestration layer for artificial intelligence. The platform compiles a structured profile of domain-specific fields and preferences summarizing your professional background, goals, and workflow habits. The Services access data transiently from third-party tools you authorize and route this compiled context along with your active prompts to downstream AI models.
A. Access Permissions.
A core functionality of the Services is the ability to connect external data folders, accounts, and productivity applications via the Model Context Protocol (MCP) or standard API pipelines (e.g., Slack, Notion, email channels, and calendar systems). When you enable an integration, you grant MyGentic permission to access data from that source transiently in order to screen it for relevance to your professional profile, and to extract, interpret, summarize, and store the resulting profile field values within your professional context profile. We do not store the underlying source content — emails, messages, documents, or calendar entries — on our systems. Items that do not match a profile field are discarded. See our Privacy Policy for detail.
B. Authorization and Warranty.
By establishing an MCP connection or connecting any third-party tool to the platform, you explicitly represent, warrant, and covenant that:
You possess all necessary rights and permissions, legal authority, administrative credentials, and any corporate permissions required to grant MyGentic access to the data and content to be provided by and/or connected to you.
Your connection of the tool does not violate any employment contract, corporate IT policy, non-disclosure agreement, or third-party intellectual property right.
The data provided by and/or connected to you does not contain data that you are unauthorized to process or share under applicable laws.
2. Expert Brain Marketplace
The Services include an open knowledge marketplace (the “Expert Brain Marketplace”) where independent third-party authors, creators, or entities (“Creators”) list custom-packaged analytical knowledge modules, data schemas, or customized prompts (“Brains”).
A. Separate Licensing and Allowances. Expert Brains are licensed separately from your MyGentic platform subscription. Each Brain is offered at a price set by its Creator from one of four price bands, and may be licensed by any User on any tier, including the Free tier. Licensing a Brain does not require a platform subscription upgrade.
Each licensed Brain carries its own monthly allowance of Credits, funded by that Brain’s license fee and held separately from the Credit allowance included with your platform subscription. Queries that draw on a Brain are metered against that Brain’s own allowance. A Brain’s allowance is never drawn from your platform allowance, and your platform allowance is never drawn from a Brain’s. A Brain you have licensed but do not use consumes nothing.
Where a single query draws on more than one licensed Brain, MyGentic retrieves from and processes each Brain’s content separately and meters each Brain’s consumption against that Brain’s own allowance. Consumption is attributed to each Brain by direct measurement of the content retrieved from it, and not by proportional allocation across Brains.
B. Relationship of the Parties. MyGentic operates, hosts, distributes, and monetizes the Expert Brain Marketplace. Your subscription is with MyGentic alone. When you activate, purchase, or query a licensed Brain, you are accessing content that MyGentic hosts and distributes under license from the Creator who authored it; your query is processed entirely within MyGentic's systems and is not transmitted to, and does not otherwise reach, the Creator or any system the Creator controls. You do not enter into any agreement with, and owe no payment to, any Creator, and no Creator may impose separate terms of service, privacy notices, or fees on you in connection with a Brain. MyGentic is the merchant of record for all subscription transactions and compensates Creators separately under the MyGentic Expert Brains Creator Agreement, to which you are not a party. Each Brain is created, authored, and owned by its respective Creator, who is solely responsible for its content.
C. User-Created Brains & Publishing Terms. Publishing a Brain requires an active Power membership. A Power membership entitles the holder to publish one Brain; publishing an additional Brain requires an additional membership or a separate written agreement with MyGentic. If you build, configure, or submit a Brain to the Expert Brain Marketplace, you represent, warrant, and covenant that: (i) You own or have fully cleared all intellectual property rights, database rights, and permissions in and to the materials, knowledge bases, and prompts used to construct your Brain; (ii) Your Brain does not infringe, misappropriate, or violate any third-party intellectual property, trade secret, privacy, or confidentiality rights; (iii) Your Brain complies with our Acceptable Use standards and contains no hidden prompts, malware, or adversarial code designed to exfiltrate user data. Prior to public listing in the Expert Brain Marketplace, you will execute our standalone MyGentic Expert Brains Creator Agreement. MyGentic reserves the right, in its sole discretion, to screen, approve, reject, or remove any User-created Brain at any time without liability. Your Power membership includes the ingestion, transcription, processing, build and index hosting required to create and maintain your Brain, subject to the fair-use limits set out in the MyGentic Expert Brains Creator Agreement. MyGentic charges no separate build or hosting fee.
D. Allowance Exhaustion. If a licensed Brain’s monthly allowance is exhausted, that Brain will stop contributing to your queries until its allowance refills at the start of the next billing cycle, or until you purchase a supplemental allowance for that Brain. An exhausted Brain does not draw on your platform allowance or on the allowance of any other Brain. MyGentic will indicate within the Services when a Brain has stopped contributing for this reason. Unused allowance does not carry over between billing cycles.
3. Eligibility and Account Registration
Age Requirement and Professional Focus
Our Services are designed and intended strictly for working professionals operating in a business context. You must be at least eighteen (18) years of age to create an account or use the Services. By registering, you represent and warrant that you meet this age threshold.
Account Security
To access our professional context layer features, you must register for an account using our centralized authentication provider. You agree to:
Provide accurate, current, and complete registration information.
Maintain the strict confidentiality of your account credentials and access keys.
Promptly notify us at security@mygentic.io if you suspect or discover any unauthorized access to or breach of your user workspace.
Assume sole legal and financial responsibility for all activities, prompts, and operations executed under your account credentials.
4. Acceptable Use and Restrictions
A. Services: You agree that you will not use the Services, nor permit any third party to use the Services to generate, route, or disseminate content that:
Infringes, misappropriates, or violates the intellectual property, privacy, or publicity rights of any individual or corporate entity;
Is intentionally deceptive, misleading, fraudulent, defamatory, obscene, or malicious;
Generates or distributes malicious code, malware, viruses, or automated scraping exploits;
Attempts to disrupt, degrade, overwhelm, or compromise the operational stability, perimeter security, or cloud hosting infrastructure of MyGentic or our underlying model providers.
B. Brains: When interacting with any Brain hosted or routed via the Expert Brain Marketplace, you are strictly prohibited from executing, attempting, or facilitating any of the following actions:
Engaging in prompt injection attacks, adversarial testing, structural overrides, or semantic manipulation designed to expose the hidden instructions, core system prompts, or architectural guardrails of a Creator’s Brain.
Extracting, scraping, or harvesting the underlying knowledge base, unique data structures, or proprietary methodologies embedded within a Creator’s Brain.
Utilizing any outputs or structural responses generated by a Creator’s Brain to train, fine-tune, bootstrap, or validate a large language model, software application, or standalone knowledge module
Using a Creator’s Brain to distill skills, expertise, and knowledge from an Expert Brain to create your own version or a third party’s own version of an Expert Brain, engage in jailbreaking or similar.
5. Proprietary Rights, Inputs, and Outputs
A. Ownership of the Platform. As between you and MyGentic, MyGentic and its licensors retain all right, title, and interest in and to the Services, software architecture, user interfaces, data schema designs, Sage AI features, core database frameworks, and any and all associated intellectual property rights and other associated proprietary rights.
B. Ownership of Inputs and Outputs. You retain whatever underlying ownership rights you hold in the prompts, documents, or data you submit to the platform (“Inputs”). As between you and MyGentic, and to the maximum extent permitted by applicable law, MyGentic grants you a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, and adapt the specific textual or audio synthesis responses generated by the platform based on your context profile (“Outputs”) for your personal or internal business purposes. Where an Output is derived in whole or in part from an Expert Brain, your rights in that Output are also subject to the restrictions in Section 4.B and to the terms under which that Brain's content is licensed to MyGentic: you may not redistribute, resell, publicly display, or use the Output to train, fine-tune, or evaluate any model. MyGentic makes no representation that any Output is protectable by copyright.
C. Data License. You grant MyGentic a worldwide, non-exclusive, royalty-free, fully paid-up sublicensable license to host, process, reproduce, and transmit your Inputs and Outputs solely as necessary to provide, secure, maintain, and provide the Services to you. As noted in our Privacy Policy, this license explicitly excludes the right to utilize your Inputs, Outputs, or connected workspace data to train, fine-tune, or otherwise adapt any machine learning model, whether operated by MyGentic or by a third party.
D. AI Development and Model Status. MyGentic does not develop or train foundation models from scratch. MyGentic selects, routes among, and may change the model or models used to serve any given query in its sole discretion. The contextual text and audio outputs you receive via the Services are generated by independent third-party model providers (including but not limited to Anthropic, OpenAI, and Google) acting as our service providers, under agreements prohibiting them from using your submitted content or Inputs to train their models. MyGentic may develop, host, fine-tune, or otherwise adapt models — including open-weight models — for use in delivering the Services. We do not and will not use your Inputs, Outputs, professional profile, or connected-source data as training or fine-tuning data for any model, whether operated by us or by a third party. Where we adapt a model, we do so using our own materials, licensed datasets, or data that is not derived from user content.
6. Privacy & Data Processing
Our Privacy Policy describes how we collect, use, and protect personal data, consistent with applicable privacy laws. By using the Services, you acknowledge those practices. You control your context and may export or delete it as described in the Privacy Policy.
Sage Restrictions. If you choose to enable our automated interactive assistant (“Sage”) or utilize integrated telephony capabilities, you must comply with the following behavioral parameters:
No Voice Cloning; Impersonation Prohibited: Sage generates synthetic speech so that Sage can speak to you; it does not create a voice model, clone, or replica of your voice, and MyGentic does not extract or retain voiceprints or other biometric identifiers. You may not use the Services to imitate, impersonate, or synthesize the voice of any other person.
Compliance with Wiretapping Laws: You agree to fully comply with all state, federal, and international telephone call recording and wiretapping statutes. You may not initiate automated voice features involving external participants unless you have secured all legally required consents in advance.
7. Subscriptions, Tiers & Credit Allowances
A. Platform Tiers. MyGentic offers a persistent Free tier alongside paid subscription tiers (including Personal, Professional, and Power tiers) at the rates presented during account sign-up. Upgrading to higher tiers unlocks advanced context features and larger base Credit allowances. Expert Brains may be licensed on any tier, including the Free tier (Section 2.A); publishing a Brain requires an active Power membership (Section 2.C).
B. Platform Allowance. Your paid subscription includes a monthly Credit allowance that refills at the start of each billing cycle. That allowance funds your own professional context layer, Sage, and MyGentic’s routing of your queries. It does not fund queries against a licensed Expert Brain, which are metered against that Brain’s own allowance under 2.A.
C. Credit Usage Consumption Metering. A Credit is a unit of compute consumed in delivering the Services. It is not a unit of one query. The number of Credits a query consumes depends on the volume of content processed to answer it, so different queries consume different amounts. Queries drawing on complex routed model stacks or multi-Brain retrievals consume credits proportional to actual compute load. Where a query draws on more than one licensed Brain, each Brain’s consumption is measured directly against that Brain’s own allowance. A licensed Brain that does not contribute to the response consumes nothing. Only content actually included in the response you receive is charged.
D. Promotional and Complimentary Credits. Credits issued by MyGentic on a promotional or complimentary basis are added to your platform Credit allowance and may be used for any platform operation. They cannot fund queries against a licensed Expert Brain, because a Brain’s Credit allowance is funded only by that Brain’s license fee.
8. Billing, Payment & Taxes
A. Billing & Auto-Renewal. Subscriptions are billed in advance on a recurring basis (monthly or annually) until your platform subscription is cancelled. Subscriptions automatically renew at the then-current rate unless cancelled prior to the renewal date.
B. Payment Authorization. You authorize MyGentic, Inc. to charge your designated payment method for all applicable subscription fees. We act as merchant of record and collect and remit applicable sales tax or VAT where required by law.
C. Cancellation; 30-Day Money-Back Guarantee. You may cancel your subscription at any time within your account settings. Cancellation takes effect at the end of your current paid billing period, and you will maintain platform access through that period. Every purchase of a platform subscription or Brain license, monthly or annual, carries a thirty (30)-day money-back guarantee: request a refund within thirty (30) days of the first charge for that purchase and MyGentic will refund that charge in full to the original payment method. The guarantee applies to the first charge of a purchase, once per product per account; it does not apply to renewals or to supplemental credit purchases. Except for this guarantee and where required by applicable law, fees are non-refundable.
9. Disclaimers, Indemnification, Limits on Liability
A. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYGENTIC EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, COMPLETELY SECURE, ACCURATE, ERROR-FREE, OR TRANSIENTLY SECURED AGAINST ALL MODES OF SYSTEM COMPROMISE. THE SERVICES, EXPERT BRAIN MARKETPLACE, AND ALL OUTPUTS GENERATED THEREBY ARE PROVIDED TO YOU STRICTLY ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
NO RELIANCE ON OUTPUTS. MYGENTIC OPERATES STRICTLY AS AN ADMINISTRATIVE PRODUCTIVITY UTILITY. THE SYNTHESIZED OUTPUTS, ANSWERS, AND SUMMARIES DELIVERED ACROSS OUR PLATFORM OR VIA CREATORS’ BRAINS DO NOT CONSTITUTE FORMAL LEGAL, FINANCIAL, ACCOUNTING, MEDICAL, TAX, OR SPECIALIZED PROFESSIONAL ADVICE. YOU AGREE THAT YOU WILL NOT RELY ON PLATFORM OUTPUTS AS AN ALTERNATIVE TO LICENSED HUMAN ADVISORY CONSULTATIONS. YOU ASSUME TOTAL PROFESSIONAL AND FINANCIAL LIABILITY FOR ANY BUSINESS DECISIONS, STRUCTURAL WORKFLOWS, OR FINANCIAL ACTIONS EXECUTED BASED ON DATA GENERATED WITHIN THE PLATFORM.
PLATFORM AND BRAIN CONTENT DISCLAIMER. EXPERT BRAINS ARE CONTENT AUTHORED AND OWNED BY THEIR RESPECTIVE CREATORS AND HOSTED AND DISTRIBUTED BY MYGENTIC UNDER LICENSE. MYGENTIC DOES NOT PRE-SCREEN, AUDIT, VALIDATE, OR GUARANTEE THE TECHNICAL ACCURACY, PROFESSIONAL FITNESS, INTELLECTUAL PROPERTY NON-INFRINGEMENT, SAFETY, OR LEGALITY OF ANY BRAIN'S CONTENT. ALL BRAINS AND BRAIN-GENERATED OUTPUTS AND THE PLATFORM ARE PROVIDED STRICTLY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. EACH CREATOR IS SOLELY RESPONSIBLE FOR THE CONTENT OF ITS BRAIN, INCLUDING ITS ACCURACY, LEGALITY, AND ANY INFRINGEMENT OF THIRD-PARTY RIGHTS ARISING FROM IT. THIS DISCLAIMER DOES NOT LIMIT MYGENTIC'S RESPONSIBILITY, AS PLATFORM HOST OF BRAIN CONTENT AND PROCESSOR OF BRAIN QUERIES ON ITS OWN INFRASTRUCTURE, FOR THE SECURITY OF ITS OWN SYSTEMS, WHICH IS ADDRESSED IN OUR PRIVACY POLICY. SEE SECTION 13 FOR MYGENTIC'S COPYRIGHT NOTICE-AND-TAKEDOWN PROCESS AND HOST STATUS.
B. Indemnification
You agree to indemnify, defend, and hold harmless MyGentic, Inc., its corporate affiliates, independent contractors, officers, directors, employees, and designated sub-processors from and against any and all third-party claims, damages, losses, regulatory liabilities, costs, and attorney fees arising directly out of or resulting from: (i) Your breach of any provision, warranty, or covenant contained in these Terms; (ii) Your unauthorized or improper connection of an enterprise tool, data folder, or workspace via the Model Context Protocol (MCP); (iii) Your deployment or misuse of any Creator's Brain accessed via the Expert Brain Marketplace; and (iv) Your unauthorized use of the Services to imitate, impersonate, or synthesize the voice of another person; (v) Your submission of a Brain to the Expert Brain Marketplace that infringes, misappropriates, or violates any third party's intellectual property, trade secret, privacy, or publicity rights, and/or which contains or disseminates any misinformation, defamation, libel or hate speech.
MyGentic's Indemnification of You. MyGentic will indemnify, defend, and hold you harmless from and against any third-party claim to the extent it arises from an allegation that the Services themselves (excluding any Brain, any Output derived from a Brain, and any Input) infringe that third party's United States patent, copyright, or trademark. MyGentic will have no obligation under this paragraph to the extent a claim arises from: (i) your combination of the Services with products, services, or data not provided by MyGentic; (ii) your breach of these Terms; or (iii) a Brain or other Creator-submitted content, which is addressed in Sections 2 and 13. This paragraph states MyGentic's entire liability, and your exclusive remedy, for third-party intellectual property infringement claims.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE JURISDICTIONAL LAW:
Exclusion of Consequential Damages: IN NO EVENT SHALL MYGENTIC, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, DATA, REVENUE, CORPORATE GOODWILL, OR WORKPLACE HALTS, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY) ADDUCED, EVEN IF ADVISEMENT OF SUCH POTENTIAL DAMAGES OCCURRED.
THE LIABILITY CAP: EXCEPT AS SET FORTH BELOW, THE TOTAL AGGREGATE LIABILITY OF MYGENTIC, INC. FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100.00), OR (II) THE TOTAL FEES PAID BY YOU TO MYGENTIC FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT. NOTHING IN THIS SECTION 9(C) LIMITS EITHER PARTY'S LIABILITY FOR: (A) DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. FOR CLAIMS ARISING FROM A BREACH OF MYGENTIC'S PRIVACY AND/OR DATA SECURITY OBLIGATIONS RESULTING IN UNAUTHORIZED ACCESS TO YOUR PERSONAL DATA, MYGENTIC'S AGGREGATE LIABILITY SHALL INSTEAD NOT EXCEED THE GREATER OF (I) TWO THOUSAND FIVE HUNDRED U.S. DOLLARS ($2,500.00), OR (II) TWO (2) TIMES THE FEES PAID BY YOU TO MYGENTIC IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT.
10. Disputes and Governing Law
A. Mandatory Individual Arbitration
If you reside within the United States, you and MyGentic agree that any dispute, claim, or legal controversy arising out of or relating to these Terms, the breach thereof, or the use of the Services shall be settled via binding, individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
Informal Resolution First. Before commencing arbitration, you and MyGentic agree to first attempt to resolve any dispute informally. You may initiate this process by sending a written description of the dispute to legal@mygentic.io; MyGentic may initiate it by sending written notice to the email address associated with your account. The parties agree to negotiate in good faith for at least thirty (30) days before commencing arbitration or filing suit in small claims court.
Small Claims Carve-Out. Notwithstanding the arbitration agreement above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits, in lieu of arbitration, so long as the action remains on an individual, non-representative basis.
Your Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to legal@mygentic.io within thirty (30) days of the date you first agree to these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you opt out of arbitration. If you opt out, neither you nor MyGentic will be required to arbitrate disputes between you, but all other provisions of these Terms, including the class action waiver in Section 10(B) to the extent it is independently enforceable, will continue to apply.
B. Class Action and Jury Trial Waiver
YOU AND MYGENTIC EXPLICITLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION FRAMEWORK. YOU FURTHER WAIVE ANY VESTED RIGHT TO A JURY TRIAL FOR DISPUTES ARISING UNDER THIS AGREEMENT.
Mass Arbitration Procedures. If twenty-five (25), or ten percent of the user base whichever is the greater, or more similar arbitration demands against MyGentic are filed by or with the assistance of the same law firm or coordinated group of law firms within a thirty (30) day period, the parties agree that JAMS Mass Arbitration Procedures (or, if JAMS declines to administer the demands under those procedures, a mutually agreed protocol grouping the claims into batches of no more than fifty (50) claims for sequential resolution) will apply, and that administrative and filing fees will be allocated pursuant to those procedures rather than on a per-claim basis.
Seat and Fee Allocation. The arbitration will be seated in the State of Delaware, unless you and MyGentic agree otherwise, and may be conducted by telephone, videoconference, or based on written submissions where feasible. JAMS's Consumer Arbitration Minimum Standards will govern fee allocation, such that you will not be responsible for arbitration fees in excess of the filing fee for a comparable claim in the court that would otherwise have had jurisdiction, with MyGentic responsible for any remaining JAMS fees.
Severability of Class Waiver. If any portion of the class action waiver in this Section 10(B) is found to be unenforceable with respect to a particular claim or request for relief, that claim or request for relief (and only that claim or request for relief) must be severed from arbitration and pursued in court, and the remainder of this arbitration agreement and class action waiver will still apply and be enforced.
C. Governing Law and Venue
For U.S. residents, these Terms shall be construed, interpreted, and governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute not subject to the arbitration mandates of this section shall be resolved exclusively in the state or federal courts located within the State of Delaware.
11. Global Regional Terms
The specific jurisdictional terms set forth below apply directly to users accessing our Services from these territories and supersede any conflicting provisions within the main body of these Terms.
A. Canada (All Provinces, Including Quebec and Ontario)
Consumer Protection Framework Carve-Out: If you reside in Canada and use the Services for purposes that fall under provincial consumer protection acts (including mixed-use administrative or personal projects), the mandatory individual arbitration clauses (Section 10(A)) and class action waivers (Section 10(B)) do not apply to you. You maintain full recourse to seek remedies before the provincial courts of your primary residence.
Unilateral Agreement Amendments: Notwithstanding anything to the contrary, if we execute a material amendment to these Terms that affects pricing, core delivery models, or basic legal obligations, we will provide you with at least thirty (30) days' prior written notice via your registered email address. This notice will outline the amendment, the effective date, and your statutory right to cancel your subscription without penalty if you reject the updated terms.
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B. European Economic Area (EEA) and United Kingdom (UK)
EU AI Literacy Obligation: In compliance with Article 4 of the European Union Artificial Intelligence Act (EU AI Act), if you register an account on behalf of an enterprise or employ personnel to access the platform, you acknowledge your independent regulatory obligation to ensure that your staff and authorized users possess sufficient "AI Literacy" to safely operate and understand the operational limits of our contextual deployment Services.
Liability Limitation Carve-Out: Nothing in Section 10 (Limitation of Liability) shall operate to limit or exclude MyGentic's liability for death, personal injury caused by negligence, fraudulent misrepresentation, gross negligence, or willful misconduct where such limitations are explicitly prohibited under local statutory frameworks.
Statutory Right of Withdrawal: If you are accessing the platform as a consumer within the EEA or UK, you maintain a statutory 14-day right to cancel digital service agreements. However, by completing your onboarding setup, integrating an MCP third-party pipeline, or requesting an explicit Output, you provide your express prior consent to the immediate performance of our software and explicitly acknowledge that you waive your 14-day right of withdrawal once immediate digital delivery has commenced.
12. Miscellaneous Provisions
Assignment. You may not assign, transfer, or delegate any of your rights or obligations under these Terms, by operation of law or otherwise. Any attempted assignment or transfer in violation of the foregoing shall be null and void. MyGentic may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets.
Force Majeure: Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any obligations to make payments to MyGentic hereunder), when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the affected party. Such circumstances include, without limitation: acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, widespread failure of telecommunications or cloud hosting infrastructure, third-party AI foundation model outages, major internet distribution failures, or cyberattacks/denial-of-service (DoS) attacks occurring despite industry-standard operational safeguards.
Relationship of the Parties. The relationship between you and MyGentic is strictly that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party has any authority to bind or commit the other in any respect whatsoever.
Survival. All provisions of these Terms which by their nature should logically survive termination or expiration shall survive, including, without limitation: (Proprietary Rights, Inputs, and Outputs), (Billing, Payment & Taxes - as to accrued payment obligations), (Disclaimers), (Limitation of Liability), (Dispute Resolution and Arbitration), (Indemnification), and (Miscellaneous Provisions).
Export & Sanctions Compliance. The Services, underlying software, and related technology may be subject to trade, export control, and economic sanctions laws and regulations of the United States and other applicable jurisdictions. You represent and warrant that: (i) You are not located in, under the control of, or a national or resident of any country or region subject to comprehensive U.S. sanctions; and (ii) You are not listed on any U.S. government denied or restricted party list (including the Specially Designated Nationals List maintained by OFAC). You agree not to access, export, re-export, or transfer the Services in violation of any applicable export or trade compliance law.
Electronic Notices & Communications. By using the Services, you consent to receive legal, administrative, and transactional communications from MyGentic electronically, including via email sent to the primary address associated with your account or via notifications posted within the platform interface. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. Official legal notices to MyGentic must be delivered in writing to the email address designated in the Contact Information section below.
Severability: If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
No Waiver: No failure or delay by MyGentic in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof.
Changes to These Terms: We may modify these Terms from time to time. If we make a material change, we will provide at least thirty (30) days' notice before it takes effect, by email to the address associated with your account and by posting notice within the Services. Material changes apply prospectively only. If you do not accept a material change, you may cancel your subscription before the effective date, and the cancellation will take effect at the end of your current paid billing period. Your continued use of the Services after the effective date constitutes acceptance of the change. Non-material changes take effect upon posting.
Entire Agreement: These Terms, alongside our Privacy Policy and any MyGentic Expert Brains Creator Agreement you execute, constitute the entire, integrated legal contract between you and MyGentic, Inc. regarding your use of the Services.
13. Copyright Complaints; Host and Intermediary Status
A. Role as Host. With respect to Brains and other content submitted by a Creator or User, MyGentic acts as a host and service provider that stores and makes available material at the direction of the Creator or User who submitted it. MyGentic does not create that content and does not independently verify it; the views, claims, and information a Brain contains are those of the Creator or User who submitted it, not MyGentic.
B. Section 230. To the fullest extent permitted by 47 U.S.C. § 230, MyGentic shall not be treated as the publisher or speaker of any information provided by a Creator, User, or other third party. This Section 13(B) does not apply to claims arising under federal intellectual property law, which are addressed in Section 13(C) through (F) below. Notwithstanding the foregoing, where MyGentic also acts as a Creator of a Brain it will be treated as the publisher or speaker of that specific Brain and Section 230 will not apply to that Brain created by MyGentic.
C. DMCA Notice and Takedown. MyGentic responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). If you believe content available through the Services infringes your copyright, you may submit a written notice to our DMCA Agent (Section 13(D)) that includes: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (iv) your contact information, including your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
D. Designated Agent. Notices under Section 13(C) should be sent to our designated DMCA agent (“DMCA Agent”) at: Legal and Regulatory Compliance Department – DCMA Agent, MyGentic, Inc., legal@mygentic.io. Our DMCA Agent is registered with the U.S. Copyright Office (Registration No. DMCA-1078346).
E. Counter-Notification. If you believe content you submitted was removed or disabled as a result of mistake or misidentification, you may submit a counter-notice to our DMCA Agent containing: (i) your physical or electronic signature; (ii) identification of the material that was removed and its location before removal; (iii) a statement, made under penalty of perjury, that you have a good faith belief the material was removed as a result of mistake or misidentification; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in your district (or, if you are located outside the United States, any judicial district in which MyGentic may be found) and that you will accept service of process from the person who filed the original notice. Upon receipt of a valid counter-notice, we will forward it to the party who submitted the original notice. Unless that party files a court action seeking to restrain the alleged infringing activity within ten (10) business days, we may restore the removed material.
F. Repeat Infringer Policy. MyGentic will, in appropriate circumstances and at its sole discretion, remove or disable access to a Brain or other content, and terminate the account of a Creator or User, who is determined to be a repeat infringer of third-party intellectual property rights.
G. Relationship to Section 2. This Section 13 addresses MyGentic's legal responsibility for content that Creators and Users submit to the Services. It does not alter the commercial arrangements described in Section 2, including MyGentic's role as merchant of record and distributor of the Expert Brain Marketplace and the compensation arrangements with Creators described there.
Contact Information
If you have any questions, compliance requests, or administrative clarifications regarding these Terms, please contact us at:
MyGentic, Inc.
Attention: Legal and Regulatory Compliance Department
Email Address: legal@mygentic.io