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Terms and Conditions

Effective: June 11, 2025

Last updated: March 11, 2026

1. Acceptance of Terms

By accessing or using Genuinelink ("Service"), operated by Genuinelink B.V. ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

1.1 Business-to-Business Service

This Service is provided exclusively for business-to-business ("B2B") use. Consumer protection laws do not apply to this Service. By using the Service, you represent and warrant that you are acting in a business capacity and not as a consumer.

1.2 Order of Precedence

In case of conflict between documents, the following order of precedence applies:

  1. Individual Master Service Agreement ("MSA") or Statement of Work ("SOW")
  2. Service Level Agreement ("SLA")
  3. These Terms and Conditions
  4. Acceptable Use Policy ("AUP")
  5. Privacy Policy and other policies

2. Description of Service

Genuinelink is a Software-as-a-Service platform that enables businesses and agencies to conduct LinkedIn outreach campaigns through AI-generated personalized messages. The Service includes:

  • AI-powered message generation and personalization
  • Campaign management and analytics tools
  • Team and client management features
  • Performance tracking and KPI dashboards
  • Integration with third-party data providers

3. User Accounts and Registration

3.1 Account Creation

  • You must provide accurate, complete, and current information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must be at least 18 years old to use the Service
  • One person or entity may not maintain multiple accounts

3.2 Account Security

  • You are responsible for all activities that occur under your account
  • You must immediately notify us of any unauthorized use of your account
  • We are not liable for any loss or damage arising from unauthorized account use

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service only for lawful business purposes and in accordance with:

  • LinkedIn's Terms of Service and User Agreement
  • All applicable local, national, and international laws and regulations
  • These Terms and Conditions

4.2 Prohibited Uses

You agree NOT to use the Service to:

  • Violate LinkedIn's Terms of Service or any platform policies
  • Send spam, unsolicited messages, or engage in harassment
  • Impersonate others or misrepresent your identity
  • Collect or harvest personal information without consent
  • Engage in any fraudulent, deceptive, or illegal activities
  • Reverse engineer, decompile, or disassemble the Service
  • Attempt to gain unauthorized access to our systems
  • Use the Service to compete with us or develop competing products

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service, including all content, features, functionality, and technology, is owned by Genuinelink B.V. and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Your Content

  • You retain ownership of content you create using the Service
  • You grant us a non-exclusive, royalty-free license to use your content to provide the Service
  • You represent that you have all necessary rights to any content you submit

5.3 AI-Generated Content

  • AI-generated messages and content are provided "as is"
  • We do not guarantee the accuracy, appropriateness, or effectiveness of AI-generated content
  • You are solely responsible for reviewing and approving all AI-generated content before use

5.4 Anti-Scraping and Reverse Engineering

You agree not to:

  • Reverse engineer, decompile, or disassemble the Service
  • Attempt to extract source code, algorithms, or data models
  • Use automated tools to access, scrape, or harvest data from the Service
  • Circumvent any technological protection measures (TPM)
  • Benchmark the Service against competing products
  • Use the Service to train competing AI models or algorithms
  • Create derivative works based on our technology or methodologies

5.5 No Benchmarking or Competitive Analysis

You agree not to:

  • Conduct performance benchmarking of our Service
  • Use our Service for competitive intelligence gathering
  • Analyze our Service for the purpose of developing competing products
  • Share performance data or insights with competitors
  • Use our Service in any way that could benefit competing products or services

6. Confidentiality, Non-Compete, and Non-Solicit

6.1 Confidential Information

You agree to maintain the confidentiality of all proprietary information disclosed to you, including:

  • Our business methods, strategies, and processes
  • Technical specifications, algorithms, and AI models
  • Customer lists, business relationships, and lead data
  • Financial information, pricing structures, and revenue models
  • User interface designs, user experience patterns, and feature implementations
  • Any information marked as confidential or reasonably understood to be confidential

6.2 Non-Compete Obligations

During your use of the Service and for a period of [NC_DURATION] thereafter, you agree not to:

  • Develop, market, or provide competing LinkedIn automation services
  • Create products or services that substantially replicate our functionality
  • Engage in feature-parity cloning or UI/UX mimicry of our Service
  • Use our Service to train competing AI models or algorithms
  • Benchmark our Service against competing products
  • Scrape, extract, or harvest data from our Service

6.3 Non-Solicit Obligations

During your use of the Service and for a period of [NC_DURATION] thereafter, you agree not to:

  • Solicit our employees, contractors, or consultants
  • Induce any Company personnel to leave their employment
  • Recruit or hire any Company personnel
  • Solicit our customers or clients
  • Interfere with our business relationships

6.4 Blue-Pencil and Step-Down Provisions

If any non-compete or non-solicit provision is deemed unenforceable by a court of competent jurisdiction, such provision shall automatically be modified to the maximum extent enforceable under applicable law. The following step-down provisions apply:

Duration Step-Down: [NC_DURATION] → 18 months → 12 months → 6 months Territorial Step-Down: [REGION_STEP_DOWN]

6.5 Fallback Package

Where non-compete restrictions are unenforceable, the following fallback package automatically applies:

  • Non-solicit obligations (customers and employees)
  • Anti-poaching restrictions
  • No reverse-engineering or benchmarking
  • Anti-scraping and data extraction prohibitions
  • Trade secret misappropriation protections
  • Intellectual property assignment obligations
  • Confidentiality obligations (indefinite duration)

6.6 Liquidated Damages and Remedies

You acknowledge that breach of these obligations would cause irreparable harm. In addition to injunctive relief, you agree to pay liquidated damages of [LIQUIDATED_DAMAGES_EUR] per breach (or per month of continued breach). You also agree to reimburse our reasonable attorneys' fees and costs in enforcing these provisions.

7. Data Protection and Privacy

7.1 Data Collection

We collect and process personal data in accordance with our Privacy Policy and applicable data protection laws, including GDPR.

7.2 Third-Party Integrations

The Service integrates with third-party providers for data processing. By using the Service, you consent to such integrations and data sharing as necessary for Service functionality.

7.3 Data Security

We implement appropriate technical and organizational measures to protect your data, but cannot guarantee absolute security.

8. Export Controls and Sanctions

8.1 Export Control Compliance

You represent and warrant that:

  • You are not located in, under the control of, or a national or resident of any country subject to comprehensive sanctions
  • You are not on any denied party list maintained by the EU, US, UK, or other relevant authorities
  • You will not use the Service in violation of any export control laws or regulations
  • You will not export, re-export, or transfer the Service to any prohibited destination or person

8.2 Sanctions Compliance

You agree to comply with all applicable sanctions and export control laws, including:

  • EU Dual-Use Regulation (Regulation (EC) No 428/2009)
  • US Export Administration Regulations (EAR)
  • US Office of Foreign Assets Control (OFAC) sanctions
  • UK Export Control Order 2008
  • Other applicable national and international sanctions

8.3 Restricted Uses

You may not use the Service for:

  • Military, defense, or weapons-related applications
  • Nuclear, chemical, or biological weapons development
  • Terrorism or other illegal activities
  • Any purpose prohibited by applicable sanctions

9. Payment Terms

9.1 Subscription Fees

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • We may change pricing with [NOTICE_PERIOD] notice

9.2 Payment Processing

  • Payments are processed through third-party payment processors
  • You are responsible for all applicable taxes
  • Failed payments may result in Service suspension

9. Service Availability and Modifications

9.1 Service Availability

  • We strive to maintain high service availability but do not guarantee uninterrupted access
  • We may perform scheduled maintenance with reasonable notice
  • We are not liable for service interruptions due to third-party issues

9.2 Service Modifications

  • We may modify, suspend, or discontinue the Service at any time
  • We will provide reasonable notice of material changes
  • Your continued use constitutes acceptance of modifications

10. Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

10.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10.4 Liability Carve-Outs

The limitation of liability in Section 10.3 does not apply to:

  • Intentional misconduct or gross negligence by us
  • Intellectual property infringement by us
  • Breach of confidentiality obligations by us
  • Violations of data protection laws by us
  • Death or personal injury caused by our negligence

10.5 LinkedIn Platform Risks

WE ARE NOT RESPONSIBLE FOR ANY ACTIONS TAKEN BY LINKEDIN, INCLUDING BUT NOT LIMITED TO ACCOUNT SUSPENSIONS, RESTRICTIONS, OR TERMINATIONS. YOU USE LINKEDIN AT YOUR OWN RISK AND ASSUME ALL LIABILITY FOR LINKEDIN-RELATED CONSEQUENCES.

11. Indemnification

You agree to indemnify, defend, and hold harmless Genuinelink B.V., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your violation of LinkedIn's Terms of Service

12. Termination

12.1 Termination by You

You may terminate your account at any time through your account settings.

12.2 Termination by Us

We may terminate or suspend your account immediately if you:

  • Violate these Terms
  • Violate LinkedIn's Terms of Service
  • Engage in fraudulent or illegal activities
  • Fail to pay required fees

12.3 Effect of Termination

Upon termination:

  • Your right to use the Service ceases immediately
  • We may delete your data after a reasonable period
  • Provisions that by their nature should survive termination shall remain in effect

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute.

13.3 Jurisdiction

The courts of Amsterdam, Netherlands shall have exclusive jurisdiction over any disputes not subject to arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision.

14.4 Assignment and Change of Control

  • Customer Assignment: You may not assign these Terms without our prior written consent, which shall not be unreasonably withheld
  • Company Assignment: We may assign these Terms without restriction, including in connection with mergers, acquisitions, or asset sales
  • Change of Control: In the event of a change of control of your organization, you must notify us within 30 days and obtain our consent for continued use
  • Successor Liability: Any permitted assignee shall be bound by these Terms

14.5 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control.

15. Contact Information

For questions about these Terms, contact us at [email protected].

Annex A: US Arbitration (Optional)

A.1 Opt-In US Arbitration

For US-based customers, you may opt into US arbitration by providing written notice to [email protected] within 30 days of account creation.

A.2 Arbitration Rules

If you opt into US arbitration, disputes shall be resolved through:

  • Arbitration Provider: JAMS or AAA (your choice)
  • Rules: Commercial Arbitration Rules
  • Location: [FORUM] or mutually agreed location
  • Language: English

A.3 Class Action Waiver

You waive the right to participate in class actions or collective proceedings, except where prohibited by law.

A.4 Jury Trial Waiver

You waive the right to a jury trial, except where prohibited by law.

By using Genuinelink, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.