Terms of Service

Geneva Technologies, Inc. (“Geneva”) provides a range of features designed to help users communicate with one another. By installing or using our apps, services or website, collectively known as our "Services," you are agreeing to our Terms of Service (“Terms”). Please note that these Terms include a class action waiver, and resolution of disputes by arbitration instead of in court.

Minimum Age. You must be at least 18 years old to use our Services.

Account Registration. To create an account you must register for our Services using your phone number, your full name and a username (handle). You agree to receive SMS text messages and/or phone calls containing verification codes to register for our Services or access your account.

Privacy of user data. Geneva does not sell, rent or monetize your personal data.

Please read our Privacy Policy to understand how we safeguard the information you provide when using our Services. For the purpose of operating our Services, you agree to our data practices as described in our Privacy Policy.

Software. In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services.

Fees and Taxes. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services.

Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of Geneva, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and auto-dialing.

Harm to Geneva. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Geneva, our Services, or systems. For example, you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; or (e) sell, rent, or charge for our Services, except as otherwise permitted in our Terms.

Keeping Your Account Secure. If you lose your phone or change your phone number, please email support@geneva.com to change the phone number linked to your account and re-register for our Services. When you register with a new device, your old device will stop receiving all SMS messages and calls.

No Access to Emergency Services. Our Services do not provide access to emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you can contact emergency service providers through a mobile telephone, fixed-line telephone, or other service.

Third-party Services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you access, use, or interact with third-party services, their terms and privacy policies govern your use of those services.

Fees. In order to join certain groups, you may need an active subscription on a third-party service (e.g., if you are subscribed to a paid newsletter and the writer of that newsletter has set up email-gated Geneva groups or rooms, you can gain access by connecting your email to your Geneva account and verifying it). Please note that any payment terms presented to you on third-party services are not deemed part of these Terms, and Geneva is not responsible for any billing or payment issues or disputes on such third-party services.

Your Rights. You own the information you submit through our Services. You must have the rights to the phone number you use to sign up for your Geneva account. In order to display your information from the Services, and to allow other users to enjoy them (where applicable), you hereby grant Geneva a royalty-free, perpetual, sub-licensable, irrevocable, and worldwide license to modify (for technical purposes; for example, making sure your profile, messages and chats are viewable on an iPhone, Android, and a computer), publish, distribute, display and otherwise use your information, in each case to enable us to operate the Services. You also grant us the right to distribute your chats to your friends and friends of your friends on Geneva, and your messages and conversations to those within your group(s) or direct messages, if you use these features of the Services.

Geneva's Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact legal@geneva.com.

Geneva’s License to You. Geneva grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Geneva, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Geneva’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:

Disclaimers. You use our services at your own risk and subject to the following disclaimers. We provide our services on an “as is” basis without any express or implied warranties or conditions, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. Geneva does not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error-free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services. We are not responsible for the actions or information (including content) of our users or other third parties. You release us, affiliates, directors, officers, employees, partners, and agents (together, “Geneva parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.

Limitation of liability. The Geneva parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the Geneva parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed one hundred dollars ($100). The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the Geneva parties will be limited to the fullest extent permitted by applicable law.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Geneva, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Safety. While Geneva strives to create a safe, respectful environment for all users of our platform (through e.g., robust moderation and flagging tools, as well as restrictions on who can initiate a direct message with you), the Geneva parties are not responsible for the conduct of any user outside of the Service. You are solely responsible for your interactions with other users and agree to use caution and good judgment in all interactions, particularly if you decide to communicate outside of the Service or if you decide to meet in person. You understand that Geneva does not conduct identity verification, credit checks, criminal background checks, or otherwise inquire into the background of its users. You agree that Geneva may access, preserve and disclose your account information if required by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to protect the rights, property or personal safety of the Geneva parties or any other person.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.

Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

Resolving disputes. If there is a dispute between participants using the Services, or between users and any third party, you agree that Geneva is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Geneva, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Arbitration Agreement. Please read the following arbitration agreement carefully because it requires you to arbitrate certain disputes and claims with Geneva and limits the manner in which you can seek relief from us. Both you and Geneva acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Geneva’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS/Endispute LLC (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

(b) Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. Geneva will pay all arbitration fees for claims less than $75,000. Geneva will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court. Furthermore, either you or Geneva may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work.

(d) Waiver of Jury Trial. You and Geneva waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury. You and Geneva are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Geneva over whether to vacate or enforce an arbitration award, you and Geneva waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 203 Lafayette St, 5th Floor, New York, NY 10012 postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Geneva to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Geneva agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York.

Ending these Terms. You may end these Terms with Geneva at any time by deleting the Geneva application from your device and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services at any time for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for Geneva. The following provisions will survive termination of your relationship with Geneva: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.

Geneva may update the Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and Geneva regarding our Services. If you do not agree with our Terms, you should stop using our Services.

If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at legal@geneva.com.

The availability of our mobile application (“Application”) is dependent on the third party stores from which you download the application, e.g., the App Store from Apple, Inc. (“Apple”) or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading Applications from such store, including the specific terms relating to Apple App Store set forth below. If there is a conflict between these Terms and any other terms and conditions from an App Store, these Terms will apply.

If you’ve downloaded the Application through the Apple’s App Store, the following additional terms apply: