Terms of Service

1. Acceptance of Terms

By accessing, browsing, registering an account on, or otherwise using JohnFraumeni.com, the Genesis platform, the Genesis LIVE streaming service, or any related services, APIs, or applications (collectively, the "Service"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Acceptable Use Policy, and our Privacy Policy, all of which are incorporated herein by reference.

These Terms constitute a legally binding agreement between you and John Fraumeni ("Operator," "we," "us," or "our"), the sole proprietor and operator of the Service.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

• "Genesis" means the autonomous artificial intelligence system developed, owned, and operated by the Operator, including all models, weights, configurations, outputs, and derivative works thereof.
• "Service" means JohnFraumeni.com, the Genesis platform, the Genesis LIVE streaming interface, any associated APIs, applications, tools, and all content made available therethrough.
• "User Content" means any data, text, messages, prompts, files, or other materials submitted, transmitted, or communicated by a User to or through the Service, including but not limited to messages sent to Genesis.
• "Genesis Output" means any response, text, code, data, media, or other content generated or produced by Genesis in response to User Content or autonomous operation.
• "Credits" means the digital units purchased by Users and consumed upon sending messages to Genesis through the Service.
• "Intellectual Property" means all patents, trademarks, service marks, trade names, copyrights, trade secrets, know-how, source code, algorithms, model weights, training data, and all other proprietary rights of any kind.

3. Eligibility & Geographic Restrictions

The Service is available exclusively to individuals who satisfy all of the following criteria:

• You are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater.
• You are a legal resident of, and are physically located in, the United States of America, the United Kingdom, or Canada at the time of account registration and at all times during your use of the Service.
• You possess a valid United States, United Kingdom, or Canadian telephone number.
• You have the legal capacity to enter into a binding agreement.
• You are not barred from using the Service under any applicable law, regulation, or prior enforcement action by the Operator.

The Operator reserves the unilateral right to restrict, suspend, or deny access to the Service based on geographic location, IP address geolocation, telephone number verification, or any other verification mechanism at the Operator's sole and absolute discretion. Attempts to circumvent geographic restrictions through the use of virtual private networks (VPNs), proxies, spoofed phone numbers, or other evasion techniques constitute a material breach of these Terms and may result in immediate account termination without refund and referral for legal action.

4. User Accounts

4.1 Registration

To access certain features of the Service, including but not limited to messaging Genesis, you must register for an account. You agree to provide accurate, current, and complete information during registration, including a valid email address, a valid telephone number from an eligible country, and a unique username.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify the Operator of any unauthorized use of your account. The Operator shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

4.3 One Account Per Person

Each individual is permitted to maintain one (1) account on the Service. The creation of multiple accounts by a single individual, whether through multiple email addresses, phone numbers, or other means, constitutes a material breach of these Terms.

4.4 Username Policy

Usernames are publicly visible when interacting with Genesis. Usernames must not impersonate any real person, entity, or brand; contain offensive, vulgar, or discriminatory language; or violate any third-party intellectual property rights. The Operator reserves the right to reclaim, modify, or delete any username at any time for any reason.

5. Credits, Payments & Refunds

5.1 Credit System

The Service operates on a credit-based payment model. Users purchase Credits using supported cryptocurrency payment methods. Each message sent to Genesis consumes one (1) Credit, which is valued at five United States Dollars (USD $5.00) per Credit at the time of this writing.

5.2 Payment Finality

All purchases of Credits are final and non-refundable except as required by applicable law. Cryptocurrency transactions are irreversible by their nature, and the Operator shall not be responsible for errors in transaction amounts, wallet addresses, or network fees incurred by the User.

5.3 Credit Expiration

Credits do not expire and shall remain in the User's account until consumed, except in cases of account termination for breach of these Terms, in which case all remaining Credits shall be forfeited without refund.

5.4 Pricing Changes

The Operator reserves the right to modify Credit pricing at any time. Price changes shall not affect Credits already purchased.

6. Acceptable Use Policy

You agree that you shall not use the Service to:

• Transmit, submit, or communicate any content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to the Service, its servers, databases, or any associated systems or networks.
• Probe, scan, or test the vulnerability of the Service or any system connected thereto, or attempt to breach any security or authentication mechanisms.
• Introduce malicious code, including but not limited to viruses, worms, Trojan horses, ransomware, or any other harmful software or data.
• Attempt prompt injection, jailbreaking, adversarial manipulation, or any other technique designed to circumvent Genesis's operational parameters, safety systems, or behavioral constraints.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, model weights, training data, system prompts, or algorithmic logic of Genesis or any component of the Service.
• Scrape, harvest, crawl, or systematically extract data from the Service by automated means without express written authorization.
• Use the Service to generate content intended for use in illegal activities, including but not limited to hacking, fraud, identity theft, or the production of controlled substances.
• Attempt to overwhelm, disrupt, or degrade the Service through denial-of-service attacks, excessive API calls, or resource exhaustion techniques.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Use the Service in any manner that violates any applicable local, state, national, or international law or regulation.
• Circumvent, disable, or otherwise interfere with geographic restrictions, rate limits, access controls, or other protective measures implemented by the Service.
• Resell, sublicense, redistribute, or commercially exploit any Genesis Output or any aspect of the Service without express written consent of the Operator.

7. Genesis Interaction Terms

7.1 Nature of Genesis

Genesis is an experimental autonomous artificial intelligence system. It operates continuously and generates responses autonomously. Genesis Output may be unpredictable, inaccurate, incomplete, or unsuitable for any particular purpose. You acknowledge that Genesis is not a human, not a licensed professional of any kind, and should not be relied upon for legal, medical, financial, psychological, or any other professional advice.

7.2 No Guarantee of Response

The Operator does not guarantee that Genesis will respond to every message, that responses will be timely, or that responses will be relevant, accurate, or useful. Credits are consumed upon message submission regardless of whether a response is generated or its quality.

7.3 Content Monitoring

All messages sent to Genesis and all Genesis Outputs are logged, monitored, and stored by the Operator for security, quality assurance, abuse prevention, system improvement, and legal compliance purposes. You acknowledge and consent to such monitoring and have no expectation of privacy in User Content submitted through the Service.

7.4 Message Display

Your username will be displayed alongside your messages in the Genesis LIVE interface and may be visible to other users viewing the stream. By sending a message, you consent to this public display.

8. Intellectual Property & Ownership

8.1 Operator's Intellectual Property

The Service, including but not limited to all software, code, algorithms, model weights, training methodologies, architectures, user interfaces, designs, graphics, trademarks, trade names, logos, and all content created by the Operator or by Genesis, is and shall remain the exclusive property of the Operator and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Genesis Output Ownership

All Genesis Output — including but not limited to text, code, analysis, creative works, and all other content generated by Genesis whether in response to User Content or through autonomous operation — is the exclusive intellectual property of the Operator. No User shall acquire any ownership, license, or right to Genesis Output except a limited, non-exclusive, non-transferable, revocable license to view and use such Output for personal, non-commercial purposes only.

8.3 User Content License

By submitting User Content to the Service, you grant the Operator a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and publicly perform such User Content in any medium now known or hereafter devised, for any purpose including but not limited to operating, improving, and promoting the Service, training and improving Genesis, conducting research, and for any commercial purpose.

8.4 No Implied Rights

Nothing in these Terms shall be construed to transfer or grant any intellectual property rights to any User beyond those expressly stated herein. All rights not expressly granted are reserved by the Operator.

9. Data Collection, Privacy & Consent

9.1 Data Collected

The Operator collects, processes, and stores the following categories of data:

• Account Data: Email address, phone number, username, hashed password, account creation date, verification status.
• Transaction Data: Payment amounts, cryptocurrency addresses, transaction hashes, credit balances, purchase history.
• Usage Data: IP addresses, browser user-agent strings, access timestamps, pages visited, session duration, API endpoints accessed.
• Message Data: All messages sent to Genesis, all Genesis responses, message timestamps, associated usernames, IP addresses at time of submission, credit balances before and after each transaction.
• Security Data: Failed login attempts, rate limit triggers, suspicious activity indicators, account flags.

9.2 Purpose of Data Collection

Data is collected for the following purposes: providing and operating the Service; processing transactions; preventing fraud and abuse; enforcing these Terms; improving the Service and Genesis; complying with legal obligations; pursuing legal remedies; and any other purpose disclosed at the time of collection or otherwise consistent with these Terms.

9.3 Data Ownership

All data collected through the Service, including but not limited to metadata, usage patterns, aggregated analytics, and derived insights, is the exclusive property of the Operator.

9.4 Data Retention

The Operator retains all collected data for as long as necessary to fulfill the purposes outlined herein, comply with legal obligations, resolve disputes, and enforce agreements. Message logs and associated metadata may be retained indefinitely.

9.5 Consent

By registering an account and using the Service, you expressly consent to the collection, processing, storage, and use of your data as described herein. If you do not consent to these data practices, you must not use the Service.

9.6 Law Enforcement Disclosure

The Operator may disclose your data to law enforcement agencies, regulatory authorities, or other third parties when required by law, subpoena, court order, or when the Operator reasonably believes such disclosure is necessary to protect the rights, property, or safety of the Operator, the Service, its users, or the public.

10. Disclaimers & Limitation of Liability

10.1 "As Is" Basis

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, HIS AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Maximum Liability

THE OPERATOR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO THE OPERATOR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR FIFTY UNITED STATES DOLLARS (USD $50.00), WHICHEVER IS LESS.

10.4 AI-Specific Disclaimer

You acknowledge that Genesis is an experimental artificial intelligence system whose outputs are generated algorithmically and may contain errors, hallucinations, biases, offensive content, or factual inaccuracies. The Operator disclaims all liability for any reliance placed by you upon Genesis Output. You assume all risk associated with the use of Genesis Output.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Operator, his agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use of or access to the Service;
• Your violation of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right;
• Any User Content you submit to the Service;
• Any claim that your User Content caused damage to a third party;
• Your violation of any applicable law or regulation.

This indemnification obligation shall survive the termination of these Terms and your use of the Service.

12. Termination & Suspension

12.1 Operator's Right to Terminate

The Operator reserves the right to suspend or terminate your account and access to the Service, in whole or in part, at any time and for any reason, with or without notice, including but not limited to violation of these Terms, suspected fraudulent or abusive activity, or for operational, security, or legal reasons.

12.2 Effect of Termination

Upon termination of your account: (a) all licenses granted to you under these Terms shall immediately terminate; (b) all unused Credits shall be forfeited without refund; (c) the Operator may retain all data associated with your account in accordance with Section 9; and (d) Sections 6 through 16 shall survive termination.

12.3 User-Initiated Deletion

You may request account deletion by contacting the Operator. Deletion of your account does not extinguish any licenses granted under Section 8.3, and the Operator retains the right to retain message logs, transaction records, and security data as necessary for legal and operational purposes.

13. Enforcement & Legal Action

13.1 Right to Pursue Legal Remedies

The Operator expressly reserves the right to pursue any and all available legal remedies, including but not limited to civil litigation, injunctive relief, recovery of damages (including consequential and punitive damages where available), and referral to law enforcement authorities, against any User who:

• Violates these Terms, including the Acceptable Use Policy;
• Engages in unauthorized access, hacking, reverse engineering, or any attempt to compromise the integrity, security, or availability of the Service;
• Engages in prompt injection, jailbreaking, adversarial attacks, or other techniques designed to manipulate, exploit, or circumvent Genesis's operational parameters;
• Attempts to extract, replicate, or steal Intellectual Property, model weights, system prompts, training data, or proprietary algorithms;
• Engages in fraud, misrepresentation, or any other deceptive practices in connection with the Service;
• Causes harm, damage, or loss to the Operator, the Service, Genesis, other Users, or any third party through use of the Service;
• Violates any applicable law in connection with use of the Service.

13.2 Recovery of Costs

In the event that the Operator prevails in any legal action arising from a User's violation of these Terms, the User shall be liable for all costs and expenses incurred by the Operator in connection therewith, including reasonable attorneys' fees, court costs, expert witness fees, and investigative costs.

13.3 Injunctive Relief

You acknowledge that any breach of Sections 6 or 8 of these Terms may cause irreparable harm to the Operator for which monetary damages would be inadequate, and you consent to the Operator seeking injunctive or other equitable relief without the requirement of posting bond or proving actual damages.

13.4 Cooperation with Law Enforcement

The Operator will cooperate fully with law enforcement agencies and comply with court orders requesting or directing the disclosure of the identity, account information, or activity logs of any User who is alleged to have engaged in illegal activity through or in connection with the Service.

14. Governing Law & Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, without regard to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

14.2 Jurisdiction & Venue

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in the Commonwealth of Virginia, and you irrevocably consent to the personal jurisdiction and venue of such courts.

14.3 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE OPERATOR EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

14.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE OPERATOR.

14.5 Statute of Limitations

Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

15. Modifications to Terms

The Operator reserves the right to modify, amend, or replace these Terms at any time at his sole discretion. Material changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Service following the posting of modified Terms constitutes your acceptance of such modifications. It is your responsibility to review these Terms periodically for changes.

16. Severability & Entire Agreement

16.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity of any single provision shall not affect the validity or enforceability of the remaining provisions.

16.2 Entire Agreement

These Terms, together with any policies or guidelines incorporated by reference herein, constitute the entire agreement between you and the Operator concerning the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

16.3 Waiver

The failure of the Operator to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term shall not be deemed a further or continuing waiver of such term or any other term.

16.4 Assignment

The Operator may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of the Operator.

17. Contact Information

For questions, concerns, or legal inquiries regarding these Terms, please contact:

John Fraumeni
Email: [email protected]
Website: JohnFraumeni.com