Terms of Service

Acceptance of Terms

Welcome to genusprgtr AG ("genusprgtr", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our retail customer segmentation analytics platform, website, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you and genusprgtr AG, a company registered in Austria with registration number FN614385a.

Description of Services

genusprgtr provides advanced retail customer segmentation analytics platforms and related services designed to help retail businesses understand their customers, optimise operations, and drive growth through data-driven insights.

Our Services include but are not limited to:

• Customer segmentation and analytics tools
• Predictive analytics and forecasting
• Real-time dashboard and reporting capabilities
• Data integration and processing services
• Technical support and consulting services

User Accounts and Registration

To access certain features of our Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

• Provide accurate and complete registration information
• Update your account information promptly when changes occur
• Maintain the security of your login credentials
• Notify us immediately of any unauthorised use of your account
• Accept responsibility for all activities under your account

Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services for any illegal or unauthorised purpose
• Attempt to gain unauthorised access to our systems or networks
• Interfere with or disrupt the Services or servers
• Upload, transmit, or distribute malicious code or content
• Violate any applicable laws, regulations, or third-party rights
• Use the Services to compete with genusprgtr or develop competing products
• Reverse engineer, decompile, or attempt to extract source code
• Remove or modify any proprietary notices or labels

Data Processing and Privacy

Your use of our Services involves the processing of data, including personal data. Our collection, use, and processing of personal data is governed by our Privacy Policy, which forms part of these Terms.

When you use our analytics services, you may upload or provide access to customer data. You represent and warrant that:

• You have all necessary rights and permissions to provide such data
• Your provision of data complies with all applicable laws and regulations
• You have obtained all required consents for data processing
• The data does not violate any third-party rights or confidentiality obligations

Subscription and Payment Terms

Access to our Services is provided on a subscription basis. Subscription fees are charged in advance and are non-refundable except as expressly stated in these Terms or required by applicable law.

Payment terms include:

• Subscription fees are due and payable in advance
• Automatic renewal unless cancelled in accordance with these Terms
• Price changes with appropriate notice as permitted by law
• Suspension of Services for non-payment after appropriate notice
• All fees are exclusive of applicable taxes, which are your responsibility

Intellectual Property

The Services, including all software, technology, content, and materials provided by genusprgtr, are protected by intellectual property laws and are the exclusive property of genusprgtr and its licensors.

genusprgtr grants you a limited, non-exclusive, non-transferable licence to use the Services in accordance with these Terms. This licence does not include any rights to:

• Modify, copy, or create derivative works of the Services
• Reverse engineer or attempt to extract source code
• Rent, lease, lend, sell, or sublicense the Services
• Remove or alter any proprietary notices
• Use the Services for the benefit of third parties without authorisation

You retain ownership of any data you provide to the Services, subject to the rights granted to genusprgtr to process such data as necessary to provide the Services.

Service Availability and Maintenance

We strive to maintain high availability of our Services but cannot guarantee uninterrupted access. We reserve the right to:

• Perform scheduled maintenance with reasonable advance notice
• Implement emergency maintenance as necessary
• Temporarily suspend Services for security or technical reasons
• Modify or discontinue features with appropriate notice

We will make reasonable efforts to minimise service disruptions and provide advance notice where possible.

Limitation of Liability

To the maximum extent permitted by applicable law, genusprgtr shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Services.

Our total liability to you for any claims arising from or related to these Terms or the Services shall not exceed the amount you paid to genusprgtr in the twelve months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless genusprgtr, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Services in violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Any data you provide to the Services
• Your negligent or wrongful conduct

Warranties and Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. genusprgtr disclaims all warranties, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the Services will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of any content

You acknowledge that your use of the Services is at your own risk.

Termination

Either party may terminate these Terms and your access to the Services at any time, with or without cause, upon written notice. genusprgtr may also suspend or terminate your access immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your account becomes overdue for payment
• We reasonably believe termination is necessary to protect our interests or those of other users
• Required by law or regulatory authorities

Upon termination, your right to access and use the Services will cease immediately. Provisions that by their nature should survive termination shall survive, including intellectual property rights, limitation of liability, and governing law provisions.

Data Export and Deletion

Upon termination of your subscription, you will have a limited period to export your data from the Services. After this period, we may delete your data in accordance with our data retention policies and applicable law.

We will provide reasonable assistance in data export processes, subject to technical limitations and applicable fees.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Austria.

If you are a consumer resident in the European Union, you may also have the right to bring proceedings in the courts of your country of residence.

Dispute Resolution

Before initiating any formal legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations. If informal resolution is not successful, disputes may be resolved through binding arbitration in accordance with Austrian arbitration rules, unless prohibited by applicable consumer protection laws.

Force Majeure

genusprgtr shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, government regulations, internet service provider failures, or other unforeseeable circumstances.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and, where required by law, by direct communication to you.

Your continued use of the Services after the effective date of any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. The unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent.

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and genusprgtr regarding the Services and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms, please contact us: