“Everybody is a genius. But if a fish is judged by its ability to climb a tree, it will live its whole life believing that it is stupid.” — Albert Einstein

My Genius Global Terms of Service

Initial Effective Date: June 30, 2025 (AEST)

Latest Revised Date: October 23, 2025 (AEDT)

Version: 1.0.2

This global terms of service applies to your use of My Genius (“we”, “our”, “us” or “My Genius”) website or web pages (mygenius.com.au), web-based or mobile-based software (“My Genius app” or “app”) and its services. When using our website, web pages, app and services, you agree to follow these terms and any other related terms of use.

We provide multiple services as listed below. You will not have access to services not made available in your region. As an Institutional user, you will get access to only those services authorised by your Institution.

A text or voice-based digital coach powered by an Artificial Intelligence chatbot (“AI Coach”).
Clinically verified tools delivered over text or voice (“Digital tools”).
Text or audio-video chats with a human mental health and well-being expert (“My Genius Coach”).
Digital functional behaviour analysis tool services (“FAST Tool”)
Multidimensional neurodiversity behaviour survey services (“Digital Survey”)
Ability to communicate with your Institution Therapists or well-being advisors (“Co-Pilot” or “Support Companion”).

Where we work with your public institution, healthcare institution, educational institution or other organisation to offer our services. These are called Institutional services. Before you can use these Institutional services, you will need to agree to our notices and to the notices of your Institution.

These terms of service and other related terms of use provided are a legal agreement between you and KWCMA Holdings Proprietary Limited ATF Kecaasre Family Trust, our parent holding company registered in Australia. If you are thinking about hurting yourself or others, or have a serious physical or mental health emergency, stop using the app right away. Call your local emergency service or if you are under the age of 18, tell your parents or guardians so they can get you help.

Important Information for Using The App and Services

If you are thinking about hurting yourself or others, or have a serious physical or mental health emergency, stop using the app right away. Call your local emergency service or if you are under the age of 18, tell your parents or guardian so they can get you help.
Currently the app and service are available in English.
You should be the right age to use the app. Your Institution may set age limits.
We do not ask for your personal data unless it is needed for your Institution. We only collect the data we need to help you. Read our privacy policy and related policies to understand how we use your data.
The AI Coach is an artificial intelligence powered software, not a real person, so is restricted in the means of response. The AI Coach is meant to provide evidence-based tools and techniques and to encourage mental well-being in a self-help and self-monitoring context. It will not offer medical or clinical advice and will only suggest that you seek professional help.
If you talk to a human mental health and well-being professional through the app, they are assigned by My Genius to provide My Genius Coach services or assigned by your institution as a part of My Genius Co-pilot services.
The My Genius Coach service uses audio-video or text-based messaging to support you. My Genius Coaches use proven methods to make you feel better and train you to feel good about yourself. They listen without judging and help you solve problems. Our service encourages and supports you to be mentally stronger and to be able to achieve your goals.
You can talk and video chat with a My Genius Coach only when it is allowed. If you do not see this option in your app, it means the service may be unavailable in your region.
My Genius coaches are not meant to replace face-to-face visits to a doctor or psychiatrist. They do not give diagnoses, treatments, monitors or cures for diseases or conditions. They are there to support and help you, not to treat illnesses.
If you are using the app as a part of My Genius Co-pilot services offered by your Institution, your Institution can assign a Therapist or well-being advisor to provide you the necessary support. They can use audio-video or text-based messaging to support you.
The app can help with general mental health and/or parenting support but not with severe or enduring physical or mental health conditions. If you have health problems, check with your local Therapist before using the app.
Where you use voice based services of our AI coach, the intended purpose is to provide support to manage your mental well-being. The voice based service is not intended for emergency purposes.
Keep your conversations private and follow safety rules to secure your data.
Keep the app up-to-date so you get the latest features. Always exit the app properly before updating.
You cannot use the app for research or studies unless My Genius gives permission.

Intended Use Of Our App and Services:

With the apps, you can chat with an artificial intelligence (AI) coach to get access to tools and techniques to help manage your emotions and support your mental and behavioural health and well-being.

My Genius App Multidimensional neurodiversity behaviour survey services (“Digital Survey”) intended use

The app is a digital survey intended to assist individuals with understanding the behaviour and needs of their child or client. It is not a substitute for professional medical advice, and does not provide medical advice or diagnoses. It is not recommended for use in crisis situations, nor is it suitable for use by those with severe and enduring mental health problems. The FAST Tool software uses transparent conditional logic to minimise the question flow for individual users and surface flags to indicate priority areas for users. The FAST Tool software is intended for use in adults age 16 or older and does not suggest potential diagnoses or replace clinical judgement. The FAST Tool cannot offer condition specific advice for any medical conditions nor is it intended to provide a diagnosis, prognosis, treatment or cure of any illnesses, disability or health conditions. We do not guarantee the app will always be accurate or available.

The AI conversational tool is intended to assist individuals with subclinical or clinical symptoms of anxiety or low mood in relation to their parenting or care of a client, in managing emotional distress through evidence based techniques such as Cognitive Behaviour Therapy, goal setting and emotional acceptance. The software provides feedback and personalised insights based on user-input data and helps users set meaningful personal goals and take actionable steps towards positive change. It is intended for use by individuals over the age of 13 (or as agreed by the Institutional provider) as a stand alone support tool or in conjunction with regular physical or mental health focussed clinical care (during waiting periods, between appointments, and/or as an adjunct to individual or group therapy). It is not a substitute for professional medical advice, and does not provide medical advice or diagnoses. It is not recommended for use in crisis situations, nor is it suitable for use by those with severe and enduring mental health problems.

About the AI Coach service
The AI Coach is not a human, but an artificial intelligence system. So it is restricted in the means of response.
The app provides evidence-based tools to help you feel better and manage your mood.
The AI Coach cannot provide any medical advice.
It can help with general mental health but not with severe or enduring physical or mental health conditions.
It cannot offer condition specific advice for any medical conditions nor is it intended to provide a diagnosis, prognosis, treatment or cure of any illnesses, disability or health conditions.
If you are between 13 and 18 years or where approved by your Institution, we may seek parental consent to use our service as required by applicable laws in your country of residence. You will require your parents or guardian to send their consent to theteam@mygenius.com.au or to your Institution if you are an Institutional user.
About the My Genius Coach service
The My Genius Coach is a mental health and well-being professional.
The My Genius coaches use proven methods and tools to train you to be mentally resilient.
You may need to give consent and permissions to use the service.
You might also need to give us details of a person to contact in an emergency for your safety.
If you are between 13 and 18 years or where approved by your Institution, we may seek parental consent to use our service as required by applicable laws in your country of residence. You will require your parents or guardian to send their consent to theteam@mygenius.com.au or to your Institution if you are an Institutional user.
Where decided by us or your Institution, the My Genius Coach conducts online group well-being sessions.

Digital functional behaviour analysis tool (“FAST Tool”) intended use

The FAST Tool is a survey designed to support individuals seeking to understand some likely underlying functions of the behaviours of their child or client in a given situation and to assist with a possible support strategy.
The FAST Tool software uses transparent conditional logic to minimise the question flow for individual users and surface flags to indicate priority areas for user.
The FAST Tool software is intended for use in adults age 16 or older and does not suggest potential diagnoses or replace clinical judgement.
The FAST Tool cannot offer condition specific advice for any medical conditions nor is it intended to provide a diagnosis, prognosis, treatment or cure of any illnesses, disability or health conditions.

My Genius Support Companion or Co-Pilot intended use

The My Genius Support companion is a web based portal designed to work alongside our My Genius app or of its own. The web portal is designed to assist support workers or Therapists or well-being advisors (together the “advisors”) from Provider Institutions to assign tools and resources for users to complete within the My Genius app. It allows the advisors to reach out to users’, to review users' engagement with resources within the My Genius app and to send messages. The advisors are also able to receive messages if configured. When integrated, information can be transferred to the user's health notes in the Institution’s Electronic Patient Record System. The system is intended for use by the advisors only.

Privacy and Data Handling

Please read our Privacy Policy to see how we protect and handle your data.

Limits to What the app can do

The app is not a replacement for face-to-face therapy.
It cannot diagnose, treat, monitor or cure any diseases, disability or conditions.
The app is not for use in crisis or emergencies.
It cannot offer medical or clinical advice—only suggests you seek professional help.
The app is not suitable for complex medical conditions or severe mental health issues such as eating disorders, psychosis, or crisis support such as in case of suicidal thoughts.

Who can Use our app

The app is intended for anyone who is older than 13 years or where approved by your Institution, follow the age criteria and rules set by your Institution. If you are a child, please ask your parent or guardian to read this policy and the terms of service with you. This agreement will then be considered a contract between My Genius, you and your parent or guardian. Your parent or guardian may be required to provide consent by writing to us at theteam@mygenius.com.au as per applicable laws in your country of residence. We do not handle any information about crimes or offences. Please do not share any such information when using our app and services. My Genius is not responsible if someone misrepresents their age to use the app and service.

We do not knowingly collect personal data from children below the approved age. If you think we have any personal data of your child, please write to us. We will respond within one month after verifying the information. If we cannot identify the user correctly, we might not be able to address your request. However, if we find we have collected personal data from your child, we will deactivate their account and take steps towards removing relevant data.

My Genius can refuse access to the service or close your account if you are not eligible, at their discretion. The service is not available to users who have been removed by My Genius before.

Places like public Institutions, educational Institutions, healthcare Institutions and other groups (“Institution(s)”) might offer you the use of the app. These Institutions may add their own extra features in the app (“Institution Version”). As an Institution user, the Institution's rules and privacy notices will also apply to you. If needed, your Institution might ask you and your parents or guardian for permission before letting you use the app. The app might have links to other websites or content not controlled by the Institution or My Genius. Always check the terms and Privacy Policy of these third-party websites before using them. You can use the app only if you are allowed by the Institution and you follow their instructions on how to install and access it.

Licence

By using this Agreement, you have permission to use the app and service. This permission is non-exclusive, and non-transferable. You can only use the app and service for yourself and according to its features. My Genius owns all rights to the app, service, and My Genius Content. My Genius can take away your permission to use the app and service anytime, with or without a reason.

My Genius Account

My Genius might make it necessary to create an account for certain services. If that happens, here is what you need to know:

Setting Up: You might need to make an account with a username and password to use some services.
Accurate Information: When creating your account, you must give true and complete information. If your information is wrong or incomplete, My Genius can cancel your account.
Your Responsibility: Keep your account password safe. Use strong passwords (mix of letters, numbers, and symbols). If possible, enable two-step verification for extra security.
Security Issues: Tell My Genius immediately if someone else uses your account without permission. My Genius is not responsible for any problems caused by unauthorised use of your account.
Use: You cannot use someone else’s account.
Settings and Notices: You can change your account settings anytime through the app. My Genius might send you important emails as notices.

Remember, My Genius can also suspend or cancel your account if you do anything that threatens the app or its services.

Use of My Genius Coach or Therapist

When you use the My Genius Coach or Co-Pilot/Support service on the app, please understand and agree to the following:

My Genius Coach or Co-Pilot/Support service is a premium service provided through the app.
This service helps build emotional strength and support you in achieving your goals.
Do not share personal information or sensitive data (like your medical info, financial info, or political opinions) unless it is an emergency.
You can use a nickname to access the service. You are responsible for what happens under your name.
My Genius Coach or Therapist are well-trained and qualified to provide this service.
The service can be used through text messages or audio-video. It helps you work towards your well-being goals by offering support and guiding you to use your strengths.
My Genius Coach or Co-Pilot/Support service is not a replacement for face-to-face psychotherapy and does not provide medical diagnosis or treatment based service.
My Genius Coach or Therapist do not give medical advice. They only offer support to help you manage your emotions and achieve your identified and agreed goals.
The service is not for emergencies. If you have an emergency, contact your local emergency services immediately.
You may be asked to provide informed consent and emergency contact details before your first session.
You can change your Coach or Co-Pilot/Support anytime by emailing theteam@mygenius.com.au.
You are responsible for scheduling your sessions. If you cancel or reschedule a session, do it at least 3 hours before the session starts.
Your text conversations with My Genius Coach are stored in the app for your reference. You can delete them anytime using the “Reset my data” option in the app settings.
Audio-Video sessions are not recorded. You also agree not to record them.
If your Coach or Therapist is unavailable, My Genius will provide another one or reschedule your session.
The app lets you send offline text messages to your Coach or Therapist. Your Coach or Therapist will reply to your messages when they can.
Other My Genius coaches may see your messages for ensuring quality assurance for all therapy sessions so that we can provide high quality service to our users if needed.
Our system will detect any safety risks in your messages and share them with your Coach or Therapist and Institution.
The objective is to help you build capacity and strength for better engagement with your child or client. You and the Coach or Therapist are partners in this process.
You are responsible for your conduct, messages, and posts while using the app.
You agree to be polite and follow good manners when messaging your Coach or Therapist, as stated in the User Content section of this agreement.
My Genius checks the backgrounds of all Therapists. You can see their profiles in the app.
The Coach or Therapist will not share your information with others without your permission. All data use will follow the Privacy Policy.
The app connects you to the service. We do not guarantee:
The app will always be accurate or available.
The Coach or Therapist will always be willing or able to listen.
The Coach or Therapist advice will always be relevant, useful, accurate, or satisfactory.
The Coach or Therapist advice will be 100% safe or suitable for you and everyone else.
Your access to the Coach or Therapist may end if our contract with your Institution ends.

Use of FAST Tool Service

When you use our FAST Tool service, you understand and agree to the following:

This service does not provide face-to-face therapy and does not diagnose or offer medical advice.
This app and service is not for emergencies. For any emergencies, contact local emergency services immediately.
Our system will detect any safety risks in your messages, and provide contact details for urgent care support.
Your submitted information gets deleted from our systems after use.
Once you submit, you will not be able to retrieve, view, edit, update or delete your information.
We do not guarantee the app or service will always be accurate or available.
You are responsible for what you submit when you use the service.

Use of Institution Therapist or Well-being advisors within Co-Pilot Service

When you use our app to connect with your institution therapist or well-being advisor, you understand and agree to the following:

We will share personal data and records with your Institution during your use of the service, as stated in our Privacy Policy.
Therapists or well-being advisors who communicate with you are chosen by your Institution.
Your Institution decides if you can chat with your assigned Therapist or well-being advisor.
You will not be able to text message your Therapist or well-being advisor after you no longer use the service or contract with your Institution ends.
Other Therapists or well-being advisors assigned by your Institution may see your messages if needed.
Our system will detect any safety risks in your messages and share them with your Therapist or well-being advisor and Institution.
This app is not for emergencies. For any emergencies, contact local emergency services immediately.
Your Therapist or well-being advisor can see your AI Coach progress to help provide care.
Your Therapist or well-being advisor will schedule reviews as reminders to check your progress and offer support.
You can always see your message history in the app.
You are responsible for your conduct, messages, and posts while using the app.
The app connects you to the service. We do not assure that:
The app will always be accurate or available.
The Therapist or well-being advisor will always be willing or able to listen.
The Therapist’s or well-being advisor’s advice will always be relevant, useful, accurate, or satisfactory.
The Therapist’s or well-being advisor’s advice will be safe or suitable for you or anyone else.

Additional service-related terms

We may connect with your Institution's systems to safely and securely transfer the agreed information as part of the services. My Genius is not responsible for any mistakes or missing information that may occur in the data after this transfer has been completed.
You have rights, and you can learn more about them in our Privacy Policy. If you have any questions or complaints, email us at theteam@mygenius.com.au. My Genius might ask for more information to handle your request properly. We may also need to verify who you are before answering your questions.
We use a small amount of anonymous data for internal research to make our services better and help improve mental well-being around the world.
We may collaborate with your Institution or may conduct research studies of our own. Joining our research studies is your choice. Details about the study will be shared with you via a URL, and you will be asked for your consent at the start. Agreeing to join does not guarantee you will be in the study; you must meet certain criteria to be selected as a participant. Selection and shortlist to a study is automated based on approved study criteria. We will never discriminate. Your data will be used according to our Privacy Policy. Generally, you will not receive any payment or benefits for participating in these studies. My Genius and its team are not responsible for any damages or losses connected to the research study as much as the law allows.
Our services depend on various things like software, hardware, and network connections. We do not guarantee that our app will always work perfectly, without interruptions or errors.
Sometimes, My Genius or your Therapist might have to share your data to meet legal requirements, such as court orders or for your safety.
Our app might have links to other websites or services. My Genius does not control these links and is not responsible for their content, products, or services. We are not liable for any damages or losses from using these third-party sites. We recommend you review their terms of service and privacy practices before use.
While My Genius has put in place reasonable clinical safety and data protection controls, you understand and acknowledge that AI is a developing technology. The potential risks inherent to this technology may not be fully understood and fulsome safeguards may not be fully developed. Due to the nature of the technology, you may sometimes get incorrect responses that do not accurately reflect the action required.
Using technology has risks, and you accept these risks. Protect your device and chats with good security practices like passwords. Do not share your password and keep your device safe. My Genius is not responsible if someone else accesses your chats or data.
If you and My Genius have any disagreements or claims about this agreement, we will try to resolve them together, possibly over email or the phone. If we cannot resolve it within 60 days, we will follow the dispute resolution terms in this agreement.

Service Rules

You agree not to knowingly or recklessly engage in any of the following prohibited activities:

Do not copy, share, or show any part of the service in any way, including using any computer programs or methods like "scraping."
Do not use any automated tools like "robots," "spiders," or "offline readers" to access the service in a way that sends more requests to our servers than a person could by using a normal web browser.
Do not send spam, chain letters, or other junk emails.
Do not try to mess with or break the service's security or figure out any messages sent to or from our servers.
Do not do anything that puts a heavy load on our system, more than what is fair or manageable, as decided by us.
Do not upload bad data, viruses, worms, or other harmful software through the service.
Do not collect or share any personal information, like account names, from the service.
Do not use the service to ask people for money or business.
Do not pretend to be someone else, lie about who you are, or hide your identity.
Do not interfere with the proper working of the service.
Do not access any content on the service using methods or technology that we have not approved.
Do not try to get around the measures we use to stop or limit access to the service, including methods that prevent copying content or enforce rules on how the service is used.

User Content

Some areas of the service may, either now or later, allow you to post content such as chat content, profile Information, videos, comments, questions, and other content or Information or any such materials a User submits, posts, displays, or otherwise makes available on the service ("User Content"). We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the service, You agree to allow Us, authorised Institutions or other authorised persons (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. My Genius has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the service.

You agree not to post or transmit User Content that:

may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
may create a risk or any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party's trade secrets);
contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
contains any Information or content that You know is not correct and current;
violates any school, Institution or other applicable policy, including those related to cheating or ethics;
interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity;
except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

Copyrights and Intellectual Property Rights

You may not copy, share, or use personal identifying or business contact Information about other Users. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. My Genius reserves the right, but is not obligated, to reject and/or remove any User Content that My Genius believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In order to honor and protect the My Genius intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about the My Genius practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the My Genius Service or Your relationship with My Genius;

In connection with your User Content, You affirm, represent and warrant the following:

You have the consent of each and every identifiable natural person in the User Content to use such a person's name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
Your User Content and My Genius's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third-party, including but not limited to any Intellectual Property Rights and privacy rights. My Genius takes no responsibility and assumes no liability for any User Content that You or any other User or third-party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that in spite of Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that My Genius shall not be liable for any damages or injury or losses You allege to incur as a result of User Content.

User Content License Grant

By posting any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant, to My Genius a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list Information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.

Use of User Content

My Genius conducts research on our global platform. All data including User Content if any is anonymized before use for research purposes. This research looks at how different activities on Mobile Software impact mental well-being measures. My Genius may use User Content and other data collected from the User in accordance with the Agreement for the purpose of this research. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful for the support You provide towards this mission by sharing Your data.

About Mobile Software

We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software, You must have a mobile device that is compatible with the Mobile Software. My Genius does not warrant that the Mobile Software will be compatible with Your mobile device. My Genius hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one My Genius Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third-party or use the Mobile Software to provide time sharing, conduct independent clinical or research studies without explicit permissions or provide similar services for any third-party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that My Genius may from time-to-time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and My Genius or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. My Genius reserves all rights not expressly granted under this Agreement.

The Mobile Software originates in India, and is subject to Indian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the Mobile Software and the My Genius Service.

Our Proprietary Rights

Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "My Genius Content"), and all Intellectual Property Rights related thereto, are the exclusive property of My Genius and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any My Genius Content. Use of My Genius Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place My Genius under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, My Genius does not waive any rights to use similar or related ideas previously known to My Genius, or developed by its employees, or obtained from sources other than You.

No Professional Advice

If the Service provides any Information (which includes My Genius Content, medical or legal information among others) including recommending tools and techniques (e.g. Yoga or activity or exercises), such Information is for Informational purposes only and should not be construed as professional advice. No action should be taken based upon any Information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.

About Privacy, Security, Third-Party Links and Monitoring

We deeply care about the privacy of Our Users. You understand that by using the Services You consent to the collection, use and disclosure of Your Personal data and aggregate data as set forth in our Privacy Policy, and to have Your data collected, used, transferred to and processed by Us in accordance with Our Privacy Policy.

We deeply care about the integrity and security of Your Personal data and maintain security measures as required under applicable data protection laws to ensure its authorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal data for improper purposes. You acknowledge that You provide Your Personal data at your own risk. Refer to the Privacy Policy for how we handle Your data.

The Service may contain links or other content related to third-party websites, advertisers, products and/or services, special offers, or other events or activities offered by third parties that are not owned or controlled by My Genius. My Genius has no control over any such links, content, web sites, products or services or any Information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third-party. My Genius does not endorse or assume any responsibility for any such third-party sites, Information, materials, products, opinions or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. If You access a third-party website or application from the Service, You do so at Your own risk, and You understand that these Terms of Service and My Genius's Privacy Policy do not apply to Your use of such sites. You expressly relieve My Genius from any and all liability, directly or indirectly, arising from Your use of any third-party website, application, software, service, or content and also for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, application, software, content, product and/or service. We do not promote third party offers as a part of the App experience. Your Institution may conduct advertising or marketing of My Genius Services. We may place ads online to test take-up of a specific Service or to promote a specific Service using only authorised advertisers and ad managers. Additionally, Your dealings with or participation in promotions of advertisers, if any, found on Our Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that My Genius shall not be responsible for any loss or damage or injury of any sort relating to Your dealings with such advertisers. If You disclose Your Information to others, different rules may apply to their use or disclosure of such Information. We do not control the privacy policies of others. We encourage You to ask questions before You disclose Your personal Information to others. My Genius encourages You to, at a minimum, be aware when You visit or use a third-party website, application, software or service and to review the terms of service and privacy practices related to such third-party;

Subject to the Agreement, We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include Information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the Information provided by You and that every User remains in consonance with the terms provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such Information with any governmental authority as per procedures laid down by the law for the time being in force in India. It is hereby clarified that My Genius has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, My Genius shall not be liable for any claims, losses, damages costs or expenses that may arise as a consequence of the User Content published by You or any other User on the Website and Mobile Software.

Termination

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service, if in Our sole determination You violate any provision of the Agreement. Upon termination for any reason or no reason, You continue to be bound by the Agreement. You are responsible for all the mobile data usage resulting from the use of the Service. Consult Your mobile operator concerning your plan, data rate charges and limits.

My Genius, in its sole discretion and for any reason, reserves the right to modify or discontinue or terminate, temporarily or permanently, any Service in or on the My Genius App, with or without notice to User. User agrees that My Genius shall not be liable to User or to any third party for any losses or damages or injury that may result to User or any third party from such discontinuation or interruption of Service. However, if Service is temporarily or permanently discontinued by My Genius, My Genius will initiate the refund of Fees paid by the User on a pro-rata basis for the relevant month or any unused portion of the Services. Such refund shall be in accordance with the refund policy and terms and conditions of Google Play or Apple iTunes (whichever applicable). In such an event, You are required to contact Us for such requests. You will need to send an email request with reasons from Your Google or Apple email ID to theteam@mygenius.com.au. My Genius will address any such request on a case by case basis;

Indemnity and Warranty

Indemnity

[For some institution version of My Genius App, My Genius App may provide links to support from the institution’s EAP service or health provider, in which case their terms and Privacy Policy will apply.]

You agree to defend, indemnify and hold harmless My Genius and its subsidiaries, employees, officers and directors, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party's access and use of the Service with Your unique username, PIN, password or other appropriate security code.

You are solely responsible for Your interactions with other My Genius Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. My Genius shall have no liability for Your interactions with other Users, or for any User's action or inaction.

Warranty

The service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. to the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from My Genius or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, My Genius, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

My Genius does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the My Genius Service or any hyperlinked website or Service, and My Genius will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall My Genius, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will My Genius be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your Account or the information contained therein. To the maximum extent permitted by applicable law, My Genius assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third-party; (vi) any errors or omissions in any content or for any loss or damage or injury incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third-party. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of My Genius (including its affiliates, agents, directors, employees, suppliers, or licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the greater of USD 100 or the total amount of fees paid to My Genius by such person for or in connection with the Services in the twelve (12) month period preceding this applicable claim.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if My Genius has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and operated from facilities in Australia and India. You understand and agree that, while Services meet all applicable laws in Australia, the Service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, Australia or India. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Australia.

Governing Law and Dispute Resolution

The App is controlled by My Genius from its offices in Australia. You agree that: (i) Access to, or use of, the app and services and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which You are accessing the app and service. We make no representation that the information contained herein is appropriate or available for use in other locations. (ii) Where contracted with My Genius, the terms of this Agreement shall be governed by and construed in accordance with the laws of Australia shall have exclusive jurisdiction on all matters, claims, actions or disputes arising from these Terms, without regard to the principles of conflicts of laws.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with Our obligations under these Agreement if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by My Genius without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement

My Genius may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by My Genius in Our sole discretion. My Genius reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. My Genius is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address you provide us. My Genius may, in its sole discretion, modify or update this Agreement from time-to-time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the 'last modified' date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new terms. If You do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.

Entire Agreement/Severability.

This Agreement, together with any amendments, policies and any additional agreements You may enter into with My Genius in connection with the Service, shall constitute the entire agreement between You and My Genius concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and My Genius's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Who can You contact for additional questions, comments or concerns?

If You have any questions, comments, or concerns about this Agreement or practices, please contact us at theteam@mygenius.com.au.

My Genius Global Terms of Service

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