Draft under review. This page is being updated and is not final; items in [[double brackets]] are still to be completed.

Effective: [[DATE]] · Last updated: [[DATE]]

These Terms are an agreement between you and [[LEGAL ENTITY NAME]] (“gend.me”, “we”, “us”), a company based in Toronto, Ontario, Canada. They apply to gend.me and every service we provide — website and app building, hosting, storage, backups, email, Leo AI, Content Campaigns, the community, store, marketplace, projects, contracts, wallets and payments, rewards, affiliate programs, templates, done-for-you services and the GenD Web Builder desktop app (the “Services”). Some Services have extra terms, shown when you sign up for them; if they conflict with these Terms, the extra terms apply to that Service.

Consumers: nothing in these Terms takes away rights you have under the consumer protection laws of your province, including the Ontario Consumer Protection Act, 2002 and the Quebec Consumer Protection Act. Where a clause below says “unless you are a consumer”, it does not apply to you if you use the Services mainly for personal, family or household purposes.

Our Privacy Policy explains how we handle personal information and is part of these Terms.

1. Your account

• You must be at least 18, or the age of majority where you live, and able to enter a binding contract. If you use the Services for an organization, you confirm you are authorized to bind it, and “you” includes that organization.
• Give us accurate information and keep it current. Keep your password and connected devices secure; you are responsible for activity on your account. Tell us right away at [[support@gend.me]] if you suspect unauthorized access.
• One free trial per person or organization. Do not create accounts to get around limits, bans or fees.

2. The Services

• Building and hosting: websites, stores, communities and apps (“Member Sites”) built with our tools or Leo AI, hosted on dedicated containers or managed servers on Google Cloud, with media, database and code storage plans.
• Backups: automatic backups at the frequency and storage size of your backup plan; when your backup storage is full, the oldest backups are removed first.
• Email: mailboxes, sending plans, domains and community emails, delivered through Mailgun.
• Leo AI: AI site building, content, design, marketing analysis and agents, paid for with Leo Tokens (bought in Canadian dollars as Leo Token Packs), plan allowances or DGEN.
• Content Campaigns: blogging, SEO, analytics, Tag Manager, social publishing and scheduling, evergreen and drip campaigns, channel profiles and advertising tools for the accounts you connect.
• Community: profiles, groups, directories, activity feeds, messaging and member calendars.
• Commerce: stores, checkout, the vendor app marketplace, Remote Projects (clients and service providers), Contracts & Payments, task credits, and payments in Canadian dollars, PayPal, store credits and digital currencies (section 6).
• Programs: Member Rewards, referral, affiliate and Sales Team commission programs.
• Templates and done-for-you services: theme, page, email and content templates, onboarding tasks, branding and managed posting delivered by our team or partners.
• GenD Web Builder desktop app and the gend.me compute network (section 8).

We may improve, change or retire features. If we remove a material feature of a paid plan you are using, we will give you at least 30 days’ notice and you may cancel for a prorated refund of prepaid fees.

3. Prices, payment and taxes

• Prices are in Canadian dollars unless shown otherwise. The price shown before you pay includes every mandatory fee we charge; only sales taxes (GST/HST/PST/QST) and, where you choose to pay in a digital currency, the network or gateway fee shown at checkout are added, and both are shown before you confirm.
• Usage-based Services (for example AI requests, email volume, storage and compute) are charged at the rates on the plan or pricing page at the time of use.
• You authorize us and our payment processors to charge your chosen payment method for each purchase and renewal. If a payment fails we will tell you; after [[7]] days unpaid we may suspend the affected paid Services until it is paid.
• We send an electronic receipt for every charge.

4. Subscriptions, renewals and cancellation

• Renewal. Subscriptions renew automatically for the same period until you cancel. For annual plans we remind you by email at least 30 days before renewal [[and, for Ontario and Quebec consumers, follow the renewal notice rules of your province]].
• Cancel anytime from your account or by contacting support. Cancellation takes effect at the end of the current period, and you keep access until then.
• Free trials. We tell you the trial length, the price that will apply and the renewal date before you start, and email you a reminder [[3]] days before the first charge. Cancel before the trial ends and you will not be charged.
• Price changes. We will email you at least 30 days before a price change on your plan takes effect, with the new price and date. You may cancel before then without penalty.
• Refunds. You may request a full refund within 30 days of your first payment for a plan, and within 30 days of an annual renewal. Refunds for monthly renewals, usage already consumed (AI requests, emails sent, tokens used), done-for-you work already delivered, and third-party fees such as domain registrations are not available, except where the law requires them or we made a billing error. Refunds go back to the original payment method.
• Your statutory rights. If you are an Ontario or Quebec consumer and we did not give you the information the law requires before an internet or distance contract, you may have the right to cancel within the period your province allows and get a refund; nothing in these Terms limits that.
• Chargebacks. Please contact us first. If you dispute a valid charge with your bank, we may suspend the related Services while it is resolved.

5. Credits, tokens and balances

The Services use several kinds of prepaid or earned units:

• Credits you buy do not expire. Promotional or bonus credits we give you for free may expire on the date we tell you when we give them.
• Units are personal and may not be sold or transferred outside the Services, except where a feature lets you send them to another member.
• We may correct balances credited by mistake, by fraud or in breach of these Terms, and will tell you why.
• If we discontinue a type of purchased credit, we will give at least 60 days’ notice and refund unused purchased amounts.

6. DGEN, wallets and digital currencies

[[LEGAL REVIEW: confirm regulatory status (FINTRAC) before public launch — see review notes.]]

• What DGEN is. DGEN is gend.me’s internal reward and settlement unit, valued at 1 DGEN = 1 Canadian dollar. DGEN cannot be bought. It is earned only through gend.me smart contracts — for example sales commissions, rewards, project and contract payments, and compute-network earnings — according to the terms of each contract.
• Open ledger. Every DGEN payout is recorded on an open ledger visible to members, showing who was paid, under which contract, and how much. By earning DGEN you agree that this information is shown.
• Using DGEN. You can use DGEN to pay for any gend.me service — unlike Leo Tokens, which pay only for AI compute and models — and, where available, withdraw eligible DGEN to PayPal, a bank account or a supported crypto wallet. DGEN is not a bank deposit, does not earn interest for you, and is not insured by the Canada Deposit Insurance Corporation or any other insurer.
• Withdrawals. Before the first withdrawal, and whenever the law requires, we may ask you to verify your identity. Withdrawals are processed within [[10]] business days; any network or processor fee is shown before you confirm. We may delay or refuse a withdrawal we reasonably believe is fraudulent, unlawful or under dispute, and we comply with our reporting obligations under Canada’s anti-money-laundering laws.
• Digital-currency payments. You can pay with GEND, USDC and other supported digital assets. Blockchain transactions are irreversible: check the address, network and amount before sending — we cannot recover funds sent to the wrong address or network. The value of digital assets other than DGEN can change quickly, and wallet addresses and transactions are public on the blockchain.
• Features in internal testing. Treasury yield distribution, revenue-share, marketing-pool, scoring and derivative features are being tested internally by gend.me and are not available to the public. If we decide to offer any of them, we will publish separate terms and only do so where the law allows.
• No advice. Nothing on gend.me is financial, investment, legal or tax advice.
• Taxes. You are responsible for reporting and paying tax on your earnings, sales and digital-asset transactions. We may issue tax slips where the law requires.

7. Leo AI

• AI output is generated automatically and may be inaccurate, incomplete, biased or similar to content produced for others. Review it before you rely on it or publish it; do not use it as professional (legal, financial, medical) advice.
• As between you and us, you own the content you put in and the output generated for you, to the extent the law allows. We do not let AI providers train their models on your content.
• Do not use AI features to create content that is illegal, deceptive, infringing, sexually explicit involving minors, hateful, or meant to impersonate people or organizations, or to generate spam or malware.
• AI requests are processed by our AI providers or the compute network (section 8), as described in our Privacy Policy. De-identified patterns from sites built with Leo help improve future builds (the “Brain”). Under Settings › Privacy & data you can opt out of the Brain and choose to have your AI requests processed only on gend.me servers.

8. Desktop app and the compute network

• We give you a personal, non-exclusive, non-transferable licence to install and use the GenD Web Builder desktop app on devices you own or control to use the Services. Do not reverse-engineer, resell or redistribute it, except as the law allows.
• If you register a device as a compute station, it may receive AI jobs from members of the groups you administer and from gend.me’s own group (except members who chose gend.me servers only). You agree to process them only to answer them, not to read, copy, keep or disclose their content, and to keep the device secure. You earn the station share shown on the Gas Stations page, credited as DGEN. You are responsible for your device, electricity, internet and any taxes on earnings. We may pause or remove a station that returns wrong results, is unsafe or breaches these Terms.

9. Hosting, backups and availability

• We aim to keep hosted Member Sites available 99.9% of the time each month, excluding scheduled maintenance announced in advance and causes outside our reasonable control. [[If you want to keep a guarantee, add the service credit you will give when you miss it.]]
• You give us access to your Member Sites, databases and servers to host, secure, update, back up and restore them. To fix security problems we may apply updates or remove malicious code, and will tell you what we did.
• Backups are a safety net, not a guarantee. Keep your own copies of important content; you can export your site at any time.
• When a plan ends or you delete a site, its files, database and storage are deleted, and its backups are permanently deleted 30 days later. Export anything you want to keep first.
• Fair use: if a site uses resources in a way that harms other members (for example a denial-of-service attack, crypto-mining or runaway processes), we may limit it and will work with you to move it to a suitable plan.
• Domains you register through us are also governed by the registrar’s and registry’s terms; registration fees are not refundable once the domain is registered.

10. Email

• When you send email through the Services you are the sender and must comply with Canada’s Anti-Spam Legislation (CASL) and other anti-spam laws: have consent, identify yourself, and include a working unsubscribe link in commercial messages. No purchased, rented or scraped lists.
• We may pause sending when bounce or complaint rates threaten deliverability for everyone, and will tell you why. Plan limits on emails per month and mailbox storage apply.

11. Connected accounts and Content Campaigns

• When you connect a social or Google account, you authorize us to act on that account as you direct — publish, schedule, reply, read results and, where the network allows, update your profile. You confirm you have the right to use that account.
• You must follow each network’s own terms, including the YouTube Terms of Service, Meta’s, X’s, LinkedIn’s, TikTok’s, Pinterest’s and Google’s. Networks can change or withdraw features at any time; we are not responsible for their actions, outages or limits.
• You are responsible for what you publish, including advertising and endorsement disclosures required by the Competition Act (for example disclosing paid partnerships or affiliate links).
• Scheduled posts depend on the networks being available and your connection remaining valid; we will tell you when a post fails and retry where possible.

12. Community rules

You may not use the Services to:

• break any law, or help others do so;
• post content that is defamatory, harassing, hateful, threatening, sexually exploitative, or that promotes violence or discrimination based on a protected ground;
• share others’ personal information without consent, or impersonate anyone;
• infringe intellectual property or privacy rights;
• send spam, run phishing or scams, or engage in deceptive marketing, pyramid schemes or fake reviews;
• distribute malware, attack, probe or overload any system, or get around security or usage limits;
• sell regulated or prohibited goods or services without the required licences;
• resell, share or publish credentials, API keys or access to the Services without our written permission.

Report content or behaviour to [[abuse@gend.me]]. We may remove content, limit features or suspend accounts that break these rules, and will tell you why unless the law or safety prevents it. You may ask us to review the decision.

13. Your content

• You keep ownership of everything you create or upload. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, back up, display, transmit and adapt it (for example resizing images) only as needed to run the Services for you, and to show your public content to the audience you choose. The licence ends when you delete the content, except for copies in backups until they expire and content others have already shared.
• You are responsible for your content and for having the rights and consents it needs, including your Member Site visitors’ personal information and a privacy policy for your site.
• Copyright. Under Canada’s Copyright Act notice-and-notice regime, send copyright notices to [[copyright@gend.me]]; we forward valid notices to the member concerned and may remove clearly infringing content.
• If you send us suggestions, we may use them without obligation to you.

14. Marketplace, projects and contracts between members

• When you buy an app from a vendor in the marketplace, hire a service provider through Remote Projects, or sign a contract with another member through Contracts & Payments, the agreement is between you and that member. We provide the platform, payment processing and records, and are not a party to it unless we say so.
• Vendors and service providers must describe what they offer accurately, deliver it as promised, honour their own refund terms and comply with the law, including consumer protection and tax law.
• Where we hold payment for a project or contract until work is accepted, we release it according to the project’s terms. If there is a dispute, we may hold the funds and help resolve it based on the records in the Services; either party may still go to court.
• Electronic signatures and records created in Contracts & Payments are intended to be valid under Ontario’s Electronic Commerce Act, 2000 and similar laws; check that electronic signing is appropriate for your document.

15. Rewards, referrals, affiliates and the Sales Team

• Program rules, commission rates and payout thresholds are shown in each program and may change with 30 days’ notice for future earnings.
• Commissions are earned only on genuine, paid, non-refunded sales to new customers who are not you, your account or someone acting with you. Self-referrals, cookie stuffing, spam, paid search on our brand, and misleading claims are not allowed and void the related commissions.
• When you promote gend.me or a member’s products, you must clearly disclose your affiliate relationship.
• Earnings are paid as described in each program (usually DGEN) and you are responsible for any tax on them.

16. Templates and done-for-you services

• Templates are licensed for use on your own Member Sites (and your clients’ sites if you are an agency), not for resale as templates.
• For services delivered by our team (onboarding tasks, branding, content, managed posting, development using Task Credits), we will describe the deliverable and timing before you buy. You get [[2]] rounds of revisions unless stated otherwise. When delivered and accepted, or [[7]] days after delivery without a revision request, the work is complete and you own the final deliverables we create for you (excluding our pre-existing tools and third-party materials, which are licensed to you).

17. Third-party services

The Services work with services we do not control (Google, Meta, X, LinkedIn, TikTok, Pinterest, PayPal, Stripe, Mailgun, blockchain networks and others). Their terms and privacy policies apply to your use of them, and we are not responsible for them.

18. Support

Support is available through live chat and our help forum, [[Monday to Friday, 9 a.m. to 5 p.m. Eastern Time]], in English [[and French]]. Keep a backup before giving support staff access to your site.

19. Warranties and liability

• We provide the Services with reasonable care and skill. Beyond that, and unless you are a consumer, the Services are provided “as is” and “as available”, and we disclaim implied warranties and conditions to the extent the law allows.
• Unless you are a consumer, we are not liable for indirect, incidental, special or consequential damages, lost profits, lost revenue or lost data, and our total liability for any claim is limited to the fees you paid us in the 12 months before the claim.
• Consumers: warranties and conditions implied by law cannot be excluded, and our liability is not limited where the law does not allow it, including in Quebec. Nothing in these Terms limits liability for fraud, gross negligence, intentional misconduct, or death or personal injury caused by negligence.

20. Indemnity

Unless you are a consumer, you will compensate us for reasonable losses and legal costs from third-party claims arising from your content, your Member Sites, your use of connected accounts or your breach of these Terms or the law.

21. Suspension and termination

• You may close your account at any time from your settings.
• We may suspend or close an account for serious or repeated breach of these Terms, non-payment, fraud, legal requirements or risk to others. Except in urgent cases or where the law prevents it, we will tell you first and give you a chance to fix the problem and to export your content.
• If we close your account without cause, we refund prepaid fees for the unused period and let you withdraw eligible balances.
• Sections that by their nature continue (fees owed, content licences for backups, liability, disputes) survive termination.

22. Disputes and governing law

• Please contact us first at [[support@gend.me]]; most problems can be solved quickly.
• These Terms are governed by the laws of Ontario and the federal laws of Canada that apply there. Unless you are a consumer, disputes will be decided by the courts of Toronto, Ontario.
• Consumers keep the protection of the laws of the province where they live and may bring proceedings in their home province. Nothing in these Terms requires a consumer to go to arbitration or waives a consumer’s right to join a class action where the law (including in Ontario and Quebec) protects it.

23. Changes to these Terms

We will email you and show a notice in your dashboard at least 30 days before a change takes effect, with the new wording, what changed and the date. If you do not accept the change, you may cancel before it takes effect and get a prorated refund of prepaid fees for the unused period. Changes needed for legal reasons or to fix errors that do not affect your rights may take effect sooner.

24. General

• If part of these Terms is unenforceable, the rest still applies. Not enforcing a right is not a waiver.
• You may not transfer these Terms without our consent; we may transfer them to a successor of our business, and will tell you.
• Neither of us is responsible for delays caused by events outside reasonable control.
• These Terms and the policies they mention are the whole agreement between us about the Services.
• Language. A French version of these Terms is available and is presented first to customers in Quebec, who may choose to be bound by this English version. Both versions are equally authoritative. / La version française est présentée en premier aux clients du Québec, qui peuvent choisir d’être liés par la version anglaise.

25. Contact

[[LEGAL ENTITY NAME]] · [[STREET ADDRESS]], Toronto, Ontario [[POSTAL CODE]], Canada · [[support@gend.me]] · Privacy: [[privacy@gend.me]]