DPI End User License Agreement

Genians USA, Inc. (“Genians”) delivers a flexible subscription service that allows our subscribers to access Genians Device Platform Intelligence application (“GDPI”) via SQL or Cloud API method. As used in the Terms of Use, “GDPI subscription service”, “our service” or “the service” means the subscription service provided by Genians for accessing and using Genians Device Platform Intelligence including the Full Database and other information and features described in the Pricing section of DPI page. GDPI does not contain any personally identifying information.

By accepting below, Genians and Subscriber have agreed to these Terms of Use governing GDPI subscription services.

  1. The Service: Genians grants subscriber a non-exclusive, non-transferable, non-sub-licensable subscription license to use (1) GDPI, including the GDPI application programming interfaces (“APIs”) and the GDPI subscription service, and (2) the data and content generated therefrom (collectively, “Generated Content”) solely in accordance with the following:
    • Subscriber is only permitted to use Generated Content during the subscription period.
    • Subscriber is permitted to call the GDPI APIs and the service to request, receive and use Generated Content so that subscriber can create an application or service or enhance an existing application or service offered to its customers.
    • Subscriber is permitted to store the Generated Content from the service within their product in order to facilitate the display of Generated Content to Licensee’s customers
    • Subscriber shall not disclose or provide the APIs to any person or entity other than to Licensee’s employees.
  2. Generated Content from the Service
    • The GDPI database updates are provided at least once a week
    • For database subscription, the database is provided in SQL format.
    • The Cloud API allows users to report undetected devices. Genians can add new detection patterns and information through received reports.
    • Generated Contents may be altered in accordance with the manufacturer’s policy and request. Any changes will be noticed to customers accordingly.
    • Generated Content is only allowed to use for products specified in the contract and the database shall not be resold in any form.
    • Genians may not be able to provide platform detection unless reported undetected reports have information to detect the platform.
  3. Free Trial
    • The service may start with a free trial via Cloud API option. This is only for Platform Detection REST API and it is free to call 300 requests per hour.
    • This free trial is open for public use but Genians may limit eligibility or duration to prevent free trial abuse.
    • Genians reserves the right to revoke the free trial in the event that Genians determines that the subscriber is not qualified or eligible to run the free trial.
  4. Warranties and Limitation of Liability
    • Genians (which, for this purpose, includes its licensors) represents and warrants that it has all rights in the service (including the APIs, the GDPI database and the Generated Content) necessary to grant subscriber, the rights contemplated by these Terms of Use.
    • For the service, Genians guarantees that we will assume the liabilities of Generated Contents unless subscriber uses the service illegally. Illegal usages include but are not limited to: acts of cyber criminality, terrorism, denial of service attacks, war crimes, and/or anything that would have been illegal under Massachusetts state laws and/or under U.S. federal laws. Subscriber’s proposed usage outlined in these Terms of Use is deemed to constitute a permitted and legal usage.
    • Certain Generated Contents available via the Service may include contents from third-parties. Genians does not warrant that contents from third-parties included in the Generated Content is error free. Third-party links on the Service may direct subscribers to third-party websites that are not affiliated with Genians. Genians will not have any liability or responsibility for any third-party content on such third-party websites.
  5. Billing: Genians offers monthly or annual subscriptions for the usage of GDPI. The service covers the usage and access to Generated Content using the GDPI APIs as further detailed above.
    • Automatic Bill Payment: By purchasing a Monthly Subscription, subscriber agree to an initial and recurring subscription fee at the then-current Monthly Subscription rate, and subscriber must accept responsibility for all recurring charges until subscriber cancel the service.
    • Manual Bill Payment: Genians can send an invoice monthly prior to the billing cycle (12 days before the due).
    • Subscriber can update the billing information, change your subscription from monthly to annual billing, or cancel your subscription at any time by contacting us (invoice@genians.com).
  6. Overdue Payment
    • 30 Days: If subscriber has an outstanding balance on the account for more than 30 days, Genians may block API access.
    • 60 Days: If subscriber has an outstanding balance on the account for more than 60 days, Genians may delete subscriber’s account. After this deletion, subscriber will not be able to reactivate the account.
    • Genians acknowledges that any outstanding balance that is being disputed in good faith will not trigger deletion of the account.
  7. Subscriptions Cancellation, Refunds, and Termination
    • Cancellation: Subscriber can cancel the subscription service anytime. When subscriber cancels a subscription, subscriber will continue to receive your subscription benefits until the end of the current billing period. It may take up to a few days to process subscriber’s cancellation or plan change, but all cancellations and changes will be effective as of the date that Genians receives subscriber’s change request.
    • Refund: Subscriber will not receive a refund of any portion of the subscription fees subscriber paid for the current or prior billing periods.
    • Termination: Either Party may terminate the service for any reason or no reason, upon 180 days written notice to the other Party. If either Party breaches a material provision of the subscription terms and fails to cure such breach within thirty (30) days after receiving written notice of the breach, the non-breaching party shall have the right to terminate the service at any time thereafter. Genians may terminate the service with subscribers if Genians is transitioning to no longer providing the Services to subscribers in the country in which subscriber is resident or from which subscriber uses the service; or the provision of the Services to subscribers by Genians is, in Genians’ decision, no longer commercially viable.
  8. Performance; Failure of Service Performance: For any service delay and downtime, API errors, force majeure, or other failures of service performance, Genians will use commercially reasonable efforts to correct any service performance problem and may suspend operation pending such correction.
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