Terms of Service
1. Acceptance of Terms
By accessing or using GenogramAI ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service.
1.1 Age Requirements
By using the Service, you represent that:
- You are at least 18 years of age (or 16 with parental consent), OR
- You are at least 13 years of age and using the Service under the supervision of a parent, guardian, or educational institution
For users under 18: By using this Service, you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
We do not knowingly collect personal information from children under 13 without parental consent. If you believe we have collected information from a child under 13, please contact us immediately at privacy@genogramai.com.
2. Description of Service
GenogramAI is a general-purpose visualization and diagramming tool designed for genealogical research, academic study, family history documentation, and creative relationship mapping. The Service includes:
- Web-based genogram and family map creation tools
- AI-assisted diagram generation
- Desktop applications for macOS and Windows
- Data storage and synchronization
- Export functionality in various formats
3. Account Registration
To use certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as needed
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities under your account
We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.
4. Acceptable Use & Prohibited Data
4.1 General Purpose Nature
You acknowledge that GenogramAI is a general-purpose visualization and diagramming tool designed for genealogical research, academic study, and creative mapping. It is not a medical device and is not intended for the diagnosis, cure, mitigation, treatment, or prevention of any disease or condition.
4.2 Prohibited Use for Healthcare/Clinical Purposes
CRITICAL: This Service is NOT HIPAA-compliant and is NOT approved for use in clinical, medical, or professional healthcare settings.
HIPAA Status:
- GenogramAI is NOT a "Business Associate" as defined by the Health Insurance Portability and Accountability Act (HIPAA)
- We do NOT sign Business Associate Agreements (BAAs)
- We do NOT provide the administrative, physical, and technical safeguards required under the HIPAA Security Rule
You explicitly agree that you will NOT:
- Use this Service for patient, client, or consumer records
- Store Protected Health Information (PHI) as defined by HIPAA
- Use this Service in any clinical, medical, or therapeutic practice
- Use this Service for any purpose subject to HIPAA, HITECH, or similar healthcare privacy regulations
- Create clinical genograms or medical family histories
- Store real names combined with health conditions, diagnoses, or treatment information
- Use this Service if you are a covered entity under HIPAA (unless for personal, non-clinical purposes)
PERMITTED USES ONLY:
This Service is designed and intended exclusively for:
- Genealogical research and personal family history
- Academic study and educational purposes (students and educators)
- Creative relationship mapping and fictional scenarios
- Practice exercises using anonymized or fictional data
- Personal projects using pseudonyms or initials
HEALTHCARE PROVIDERS:
If you are a covered entity under HIPAA (doctor, therapist, counselor, social worker, psychiatrist, nurse practitioner, etc.), you may NOT use this Service for any patient-related purposes. Use of this Service for clinical documentation violates these Terms and potentially violates HIPAA regulations.
4.3 Violation of Terms
If you choose to use the Service to visualize, store, or transmit PHI or other sensitive health data, you acknowledge that:
(a) You are doing so in direct violation of these Terms;
(b) You are solely responsible for ensuring compliance with all applicable laws, including HIPAA, GDPR, PIPEDA, and other privacy regulations;
(c) GenogramAI implements standard commercial security measures but does not utilize the specific administrative, physical, and technical safeguards required for HIPAA compliance, including but not limited to:
- HIPAA-compliant audit trails
- Business Associate Agreements with subprocessors
- HIPAA-required data retention policies
- Administrative safeguards for workforce training and sanctions
- Physical safeguards meeting HIPAA facility access standards
- Breach notification procedures meeting HIPAA timelines
(d) You accept all liability for any data breach, loss, unauthorized access, regulatory fines, penalties, lawsuits, or damages resulting from your misuse of the Service.
4.4 Enforcement and Account Termination
We reserve the right to:
- Monitor accounts for potential violations of Section 4.2
- Immediately suspend or terminate accounts found to contain PHI or clinical data
- Delete data that appears to contain PHI without prior notice or opportunity to export
- Report suspected HIPAA violations to appropriate authorities
- Cooperate with regulatory investigations
We have no obligation to monitor content but may do so at our discretion for compliance purposes. If we discover PHI or clinical data in your account, we will terminate your account immediately without refund and without liability for any data loss.
You acknowledge that any use of this Service for PHI storage constitutes a material breach of these Terms.
4.5 No Professional Features
This Service does NOT provide:
- Business Associate Agreements (BAAs)
- HIPAA-compliant audit trails or access logs
- Retention schedules for medical records
- Clinical documentation features or templates
- Electronic Health Record (EHR) integration
- Professional liability coverage or insurance
- Clinical supervision tools
- HIPAA-required safeguards or security measures
- Compliance with healthcare-specific regulations
- Support for clinical workflows
If you require these features, DO NOT use this Service.
We are developing a Professional Edition with healthcare compliance features. To express interest in our HIPAA-compliant tier, visit genogramai.com/professional or contact professional@genogramai.com.
5. No Medical Advice
The visualizations, templates, and AI-generated insights provided by the Service are for informational and educational purposes only. They do not constitute medical, psychological, or therapeutic advice, diagnosis, or treatment.
Users should not rely on the Service for medical decision-making. Always consult with a qualified healthcare professional for specific health questions.
AI-generated content may contain errors or inaccuracies. You are solely responsible for reviewing, verifying, and validating all content created using the Service.
6. User Content and Data
6.1 Ownership
You retain all rights to the diagrams, relationship maps, and other content you create or upload to the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to store, process, display, and transmit your User Content solely to provide the Service to you.
This license terminates when you delete your User Content or terminate your account, except for:
- Content shared with other users (until they delete it)
- Anonymized usage data retained for analytics
- Backup copies retained for up to 90 days
6.2 Content Responsibility
You are solely responsible for your User Content. You represent and warrant that:
- You have all necessary rights, licenses, and permissions to your User Content
- Your User Content does not violate any third party's intellectual property, privacy, publicity, or other rights
- Your User Content complies with all applicable laws and regulations
- Your User Content does not contain PHI, clinical data, or other prohibited information as described in Section 4
6.3 AI Processing and Data Usage
When using AI features, your prompts and relevant diagram data are:
- Processed by third-party AI services to generate the requested visualizations
- Not used to train our AI models (unless you explicitly opt in via settings)
- Not shared with third parties except our authorized AI service providers
- Processed in accordance with our Privacy Policy
Third-Party AI Providers:
We use third-party AI services (such as Anthropic Claude, OpenAI) to power AI features. These providers have their own terms of service and privacy policies. By using AI features, you agree to their terms. We have data processing agreements with all AI providers.
AI Content Disclaimer:
AI-generated content may not be accurate, complete, or appropriate for your needs. You are responsible for reviewing and verifying all AI-generated diagrams and content. We make no warranties about the accuracy or suitability of AI-generated content.
6.4 Data Retention and Deletion
We retain your User Content for as long as your account is active or as needed to provide the Service.
Upon account deletion or termination:
- Your active data will be deleted within 30 days
- Backup copies may be retained for up to 90 days for disaster recovery purposes
- Anonymized usage data (with all personal identifiers removed) may be retained indefinitely for analytics
- Audit logs will be retained as required by law (typically 6 years)
Requesting Data Deletion:
You may request deletion of your data at any time by:
- Using the "Delete Account" feature in account settings, OR
- Contacting support@genogramai.com
We will process deletion requests within 30 days and confirm completion via email.
IMPORTANT: Once deleted, data cannot be recovered. Export your data before requesting deletion.
6.5 Data Export
You may export your data at any time in machine-readable formats (JSON, CSV) by:
- Using the "Export Data" feature in account settings
- Contacting support@genogramai.com with an export request
We will provide your data within 30 days of your request.
7. International Users and Privacy Rights
7.1 Data Location
Your data is stored on servers located in the United States. By using the Service, you consent to the transfer, processing, and storage of your data in the United States.
The United States may have different data protection laws than your country of residence. We implement appropriate safeguards to protect your data in accordance with applicable law.
7.2 European Users (GDPR)
If you are located in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, you have additional rights under the General Data Protection Regulation (GDPR):
Your Rights:
- Right to access your personal data
- Right to rectification (correct inaccurate data)
- Right to erasure ("right to be forgotten")
- Right to data portability (receive data in machine-readable format)
- Right to restriction of processing
- Right to object to data processing
- Right to withdraw consent at any time
- Right to lodge a complaint with a supervisory authority
To exercise these rights, contact: privacy@genogramai.com
We will respond to your request within 30 days (may be extended by 60 days for complex requests).
7.3 Legal Basis for Processing (GDPR)
For European users, we process your personal data based on:
- Contract: To provide the Service you've subscribed to (GDPR Art. 6(1)(b))
- Consent: For marketing communications and optional features (GDPR Art. 6(1)(a))
- Legitimate Interests: To improve the Service, prevent fraud, and ensure security (GDPR Art. 6(1)(f))
You may withdraw consent at any time without affecting the lawfulness of processing based on consent before withdrawal.
7.4 Canadian Users (PIPEDA)
If you are located in Canada, you have rights under the Personal Information Protection and Electronic Documents Act (PIPEDA) including:
- Right to access your personal information
- Right to challenge the accuracy of your information
- Right to withdraw consent
- Right to file a complaint with the Privacy Commissioner of Canada
To exercise these rights, contact: privacy@genogramai.com
7.5 Australian Users
If you are located in Australia, you have rights under the Privacy Act 1988 including:
- Right to access your personal information
- Right to correct your personal information
- Right to complain to the Office of the Australian Information Commissioner (OAIC)
To exercise these rights, contact: privacy@genogramai.com
7.6 Brazilian Users (LGPD)
If you are located in Brazil, you have rights under the Lei Geral de Proteção de Dados (LGPD) similar to GDPR, including rights to access, correction, deletion, and portability.
7.7 Data Protection Officer
For privacy-related inquiries, contact our Data Protection Officer:
- Email: dpo@genogramai.com
- Address: GenogramAI, Inc., 177 E Colorado Blvd, Pasadena, CA 91105
8. Security and Breach Notification
8.1 Security Measures
We implement industry-standard security measures including:
- Encryption of data in transit (TLS 1.2+ / SSL)
- Encryption of data at rest (AES-256)
- Access controls and multi-factor authentication options
- Regular security assessments and vulnerability scanning
- Secure software development practices
- Employee security training
However, no system is completely secure. You acknowledge that there is inherent risk in transmitting data over the internet and storing data electronically. We cannot guarantee absolute security.
8.2 Your Security Responsibilities
You are responsible for:
- Maintaining the confidentiality of your password
- Using a strong, unique password
- Enabling two-factor authentication (if available)
- Logging out of shared devices
- Promptly notifying us of any unauthorized access
8.3 Breach Notification
In the event of a data breach affecting your account, we will:
- Notify you via email within 72 hours of discovery (as required by GDPR)
- Provide details about what data was affected
- Describe steps we are taking to address the breach
- Recommend actions you should take to protect yourself
- Notify applicable regulatory authorities as required by law
We will also post a notice on our website for significant breaches affecting multiple users.
By using this Service, you accept the inherent security risks associated with electronic data storage and transmission.
9. Subscription and Payment
9.1 Plans and Pricing
The Service offers various subscription plans with different features and pricing. Current pricing is available at genogramai.com/pricing and may be updated from time to time with reasonable notice.
9.2 Billing
Paid subscriptions are billed in advance on a monthly or annual basis. By subscribing, you authorize us to charge your payment method for the subscription fee and any applicable taxes.
Payment processing is handled by third-party payment processors (Stripe, PayPal, etc.). Your payment information is subject to their terms and privacy policies.
9.3 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription price.
9.4 Price Changes
We may change subscription prices at any time. Price changes will:
- Be communicated to you at least 30 days in advance via email
- Not affect your current billing period
- Apply to subsequent billing periods after the notice period
You may cancel your subscription before the price change takes effect if you do not agree to the new pricing.
9.5 Cancellation
You may cancel your subscription at any time through:
- Account settings page, OR
- Contacting support@genogramai.com
Upon cancellation:
- Your subscription will remain active until the end of the current billing period
- You will not be charged for subsequent periods
- You may continue to access your data with limited features (Free plan features)
- You may export your data at any time
9.6 Refunds
Subscription fees are generally non-refundable. We may provide refunds on a case-by-case basis at our sole discretion for:
- Technical issues preventing use of the Service
- Billing errors
- Other exceptional circumstances
No refunds will be provided for:
- Account termination due to Terms of Service violations (especially Section 4)
- Change of mind after subscription
- Unused portion of subscription periods
To request a refund, contact support@genogramai.com within 30 days of the charge.
9.7 Free Trials
We may offer free trials for certain subscription plans. Free trials:
- Are available once per user
- Automatically convert to paid subscriptions unless cancelled
- May have feature limitations
- May be revoked at any time
You must provide valid payment information to start a free trial.
9.8 Taxes
Subscription fees do not include applicable sales tax, VAT, GST, or other taxes. You are responsible for any taxes based on your location.
10. Prohibited Activities
You agree not to use the Service to:
- Violate any local, state, national, or international law or regulation
- Infringe on the intellectual property rights of others
- Upload, store, or transmit PHI, clinical data, or other prohibited health information (see Section 4)
- Upload malicious code, viruses, or any code designed to harm or disrupt the Service
- Interfere with or disrupt the Service or servers/networks connected to the Service
- Attempt to gain unauthorized access to our systems, accounts, or networks
- Use automated systems (bots, scrapers, etc.) to access the Service without permission
- Create false, misleading, or defamatory diagrams intended to harm others
- Impersonate any person or entity, or falsely represent your affiliation
- Resell, redistribute, or create derivative services based on the Service without authorization
- Use the Service for competitive analysis or to build a competing product
- Reverse engineer, decompile, or disassemble any part of the Service
- Remove or modify any proprietary notices or labels
- Share your account credentials with others
- Create multiple accounts to circumvent restrictions or access free features
- Use the Service in any way that could harm minors
We reserve the right to investigate and take appropriate action against anyone who violates this Section, including removing content, suspending or terminating accounts, and reporting to law enforcement.
11. Intellectual Property
11.1 Our Intellectual Property
The Service, including its original content, features, functionality, software, user interface, design, graphics, and logos, is owned by GenogramAI, Inc. and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
11.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose in accordance with these Terms. This license does not include:
- Any resale or commercial use of the Service
- Collection or use of product listings or descriptions
- Any derivative use of the Service
- Any use of data mining, robots, or similar data gathering tools
11.3 Feedback
If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unlimited, perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without compensation or attribution to you.
12. Third-Party Services
12.1 Third-Party Links and Integrations
The Service may contain links to or integrations with third-party websites, services, or applications. We are not responsible for:
- The content, accuracy, or practices of third-party services
- Privacy policies or terms of service of third-party services
- Any damages or losses caused by your use of third-party services
Your interactions with third-party services are solely between you and the third party.
12.2 Third-Party Service Providers
We use third-party service providers to facilitate the Service, including:
- Cloud hosting (AWS, Google Cloud, Supabase, etc.)
- Payment processing (Stripe, PayPal, etc.)
- AI services (Anthropic, OpenAI, etc.)
- Email services (SendGrid, AWS SES, etc.)
- Analytics (Google Analytics, Mixpanel, etc.)
These providers have access to your data only to perform tasks on our behalf and are obligated to protect your information.
13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
We disclaim all warranties, including but not limited to:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Title
- Quiet enjoyment
- Accuracy of data
- Security
We do NOT warrant that:
- The Service will be uninterrupted, timely, secure, or error-free
- The results obtained from the Service will be accurate or reliable
- The quality of any products, services, information, or content obtained through the Service will meet your expectations
- Any errors in the Service will be corrected
- The Service is free from viruses or other harmful components
13.1 No Warranty for Compliance
WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICE:
- Complies with HIPAA or any healthcare regulations
- Is suitable for clinical, medical, or therapeutic use
- Meets any specific regulatory requirements
- Is appropriate for storing sensitive or confidential information
- Will prevent unauthorized access or data breaches
- Meets professional standards for healthcare documentation
- Is legally compliant in your jurisdiction
THE SERVICE IS DESIGNED FOR GENERAL-PURPOSE VISUALIZATION AND DIAGRAMMING ONLY. ANY USE FOR REGULATED HEALTHCARE PURPOSES IS AT YOUR OWN RISK AND IN VIOLATION OF THESE TERMS.
13.2 No Medical or Professional Warranty
GenogramAI is a general-purpose tool for creating relationship diagrams and family maps. We make no claims about:
- The accuracy, completeness, or usefulness of diagrams created
- The appropriateness of the Service for any specific purpose
- The professional quality of outputs
- Compliance with any industry standards
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
14.1 No Liability for Indirect Damages
GENOGRAMAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, whether incurred directly or indirectly, resulting from:
- (a) Your use or inability to use the Service;
- (b) Any unauthorized access to or use of our servers and/or any personal information stored therein;
- (c) Any interruption or cessation of transmission to or from the Service;
- (d) Any bugs, viruses, or similar harmful components transmitted through the Service;
- (e) Any errors or omissions in content, or any loss or damage incurred from use of content posted, emailed, transmitted, or otherwise made available through the Service;
- (f) Any conduct or content of any third party on the Service;
- (g) Your violation of these Terms, including unauthorized storage of PHI;
- (h) Any regulatory fines, penalties, or enforcement actions resulting from your misuse of the Service.
14.2 Cap on Liability
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:
- (a) The amount you paid us in the twelve (12) months preceding the claim, OR
- (b) One hundred dollars ($100 USD)
This limitation applies regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise).
14.3 Exceptions
These limitations do not apply to:
- Death or personal injury caused by our gross negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded by law
Some jurisdictions do not allow limitations on liability, so some of the above limitations may not apply to you.
15. Indemnification
You agree to indemnify, defend, and hold harmless GenogramAI, Inc., its officers, directors, employees, contractors, agents, licensors, suppliers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and legal costs) arising out of or in any way connected with:
- (a) Your violation of these Terms, including but not limited to unauthorized uploading or storage of Protected Health Information (PHI), clinical data, or sensitive health information;
- (b) Your violation of any applicable law or regulation, including HIPAA, HITECH, GDPR, PIPEDA, or other privacy laws;
- (c) Your User Content or any content you submit, post, or transmit through the Service;
- (d) Your use or misuse of the Service, including any actions taken by others using your account;
- (e) Your violation of any rights of another person or entity, including intellectual property rights, privacy rights, or publicity rights;
- (f) Any regulatory fines, penalties, or enforcement actions resulting from your misuse of the Service for HIPAA-regulated or other prohibited purposes;
- (g) Any data breach or security incident resulting from your improper storage of PHI or other sensitive data;
- (h) Any third-party claims arising from your use of the Service;
- (i) Your breach of any representation or warranty in these Terms.
This indemnification obligation will survive termination of your account and these Terms.
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims. You will not settle any claim that affects us without our prior written consent.
16. Changes to Terms
16.1 Right to Modify
We reserve the right to modify these Terms at any time at our sole discretion. We will provide notice of material changes by:
- Posting the new Terms on this page
- Updating the "Last updated" date at the top
- Sending email notification to your registered email address (for material changes)
- Displaying an in-app notification
16.2 Effective Date of Changes
Changes will become effective:
- Immediately for new users upon registration
- 30 days after notice for existing users (for material changes)
- Immediately for non-material changes (e.g., clarifications, formatting)
16.3 Acceptance of Changes
Your continued use of the Service after changes become effective constitutes your acceptance of the new Terms.
If you do not agree to the modified Terms, you must:
- Stop using the Service
- Cancel your subscription
- Export your data before termination
16.4 Version History
You can view previous versions of these Terms at genogramai.com/legal/terms/history
17. Termination
17.1 Termination by Us
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for conduct that we believe:
- Violates these Terms (including but not limited to uploading PHI or clinical data)
- Is harmful to other users, third parties, or us
- Is harmful to our business interests or reputation
- Poses a legal, compliance, or security risk
- Involves fraudulent or illegal activity
- Constitutes abuse of the Service or our staff
17.2 Effect of Termination
Upon termination by us:
- Your right to use the Service will cease immediately
- You will have 30 days to export your data (unless termination is for security reasons)
- After 30 days, your data will be permanently deleted
- No refunds will be provided for violations of Section 4.2 (HIPAA-prohibited uses)
- We are not liable for any data loss resulting from termination
For security-related terminations (e.g., containing PHI), we may delete data immediately without opportunity to export.
17.3 Termination by You
You may terminate your account at any time by:
- Using the "Delete Account" feature in account settings, OR
- Contacting support@genogramai.com
Upon voluntary termination:
- We will process your request within 5 business days
- You may export your data before termination
- Unused subscription fees are generally non-refundable (see Section 9.6)
- Data will be deleted per Section 6.4
17.4 Survival
The following sections survive termination: 4 (Prohibited Data), 6.2 (Content Responsibility), 6.4 (Data Retention), 11 (Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 18 (Governing Law), 19 (Dispute Resolution), and 24 (Entire Agreement).
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
For international users, this choice of law does not affect your statutory rights in your country of residence that cannot be waived by contract.
19. Dispute Resolution
19.1 Informal Resolution
Before filing a claim, you agree to contact us at legal@genogramai.com and attempt to resolve the dispute informally. We will attempt to resolve disputes through good-faith negotiation for at least 30 days.
Include in your notice:
- Your name and contact information
- Description of the dispute
- Relief you are seeking
19.2 Binding Arbitration
If informal resolution fails, any disputes, claims, or controversies arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).
Arbitration Terms:
- Location: San Francisco, California
- Arbitrator: One neutral arbitrator mutually agreed upon
- Language: English
- Governing rules: AAA Commercial Arbitration Rules
- Costs: Each party bears their own costs unless otherwise awarded
The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
19.3 Class Action Waiver
YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. You waive any right to bring claims as a plaintiff or class member in any class action, consolidated action, or representative action.
19.4 Exceptions to Arbitration
Either party may bring a claim in small claims court if the claim qualifies.
Either party may seek injunctive relief in court for:
- Intellectual property infringement
- Unauthorized access to systems
- Violations of Section 4 (HIPAA-prohibited uses)
19.5 Opt-Out
You may opt out of arbitration by sending written notice to legal@genogramai.com within 30 days of first accepting these Terms. Include your name, email, and statement that you opt out of arbitration.
19.6 International Users
For users in the European Union, UK, or other jurisdictions where mandatory consumer protection laws apply, this arbitration clause may not apply to the extent it conflicts with local law.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be:
- Limited or eliminated to the minimum extent necessary
- Replaced with a valid provision that best reflects the intent of the original provision
The remaining provisions of these Terms shall remain in full force and effect.
21. Export Control and Sanctions
You represent and warrant that:
(a) You are not located in, under the control of, or a national or resident of any country subject to U.S. export restrictions or sanctions, including:
- Cuba
- Iran
- North Korea
- Syria
- The Crimea, Donetsk, and Luhansk regions of Ukraine
- Any other country subject to U.S. sanctions
(b) You are not listed on any U.S. government list of prohibited or restricted parties, including:
- Treasury Department's Specially Designated Nationals List
- Commerce Department's Denied Persons List
(c) You agree not to use the Service in violation of any U.S. export laws, regulations, or sanctions.
Violation of this section is grounds for immediate termination without refund.
22. 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 (earthquakes, floods, hurricanes, etc.)
- War, terrorism, riots, or civil unrest
- Embargoes or government actions
- Fires, explosions, or accidents
- Pandemics or epidemics
- Strikes or labor disputes
- Failures of third-party service providers
- Internet service provider failures
- Power outages
- Cyber attacks or security incidents
- Shortages of transportation, facilities, fuel, energy, labor, or materials
During a force majeure event, our obligations will be suspended for the duration of the event. We will make reasonable efforts to resume service as soon as possible.
23. Assignment
23.1 Your Assignment Rights
You may not assign or transfer these Terms, your account, or any rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void.
23.2 Our Assignment Rights
We may assign these Terms, in whole or in part, at any time with or without notice to you, including to:
- Any affiliate or subsidiary
- Any successor in interest in connection with a merger, acquisition, or sale of assets
- Any third party as part of a bankruptcy proceeding
These Terms will bind and inure to the benefit of the parties' permitted successors and assigns.
24. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Service, constitute the entire agreement between you and GenogramAI, Inc. regarding the Service.
These Terms supersede and replace any and all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, regarding the Service.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
25. No Agency
No agency, partnership, joint venture, or employment relationship is created between you and GenogramAI as a result of these Terms or your use of the Service. You do not have any authority to bind GenogramAI in any manner.
26. Contact Information
For questions, concerns, or notices regarding these Terms, please contact us:
General Inquiries:
- Email: legal@genogramai.com
- Address: GenogramAI, Inc., 177 E Colorado Blvd, Pasadena, CA 91105
Privacy Matters:
- Email: privacy@genogramai.com
Data Protection Officer:
- Email: dpo@genogramai.com
Security Issues:
- Email: security@genogramai.com
Professional Edition Inquiries:
- Email: professional@genogramai.com
- Website: genogramai.com/professional
Support:
- Email: support@genogramai.com
- Website: genogramai.com/support
27. Acknowledgment
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:
- This Service is NOT HIPAA-compliant
- You will NOT use this Service for patient, client, or medical data
- You understand the prohibited uses in Section 4
- You accept all liability for any misuse of the Service
- Violations may result in immediate termination without refund
Summary
GenogramAI is a general-purpose visualization tool for creating family maps and relationship diagrams. You own your data, we provide the tools. Use the Service responsibly for research, education, and personal projects. Do not upload Protected Health Information (PHI) - use pseudonyms or initials for privacy. This Service is NOT HIPAA-compliant and is not intended for clinical use.