PointGenie – Global Terms and Conditions

1. Acceptance of Terms

By accessing, downloading, installing, registering for, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and any additional policies or guidelines referenced herein. If you do not agree, you must discontinue all use of the Platform.

2. Eligibility

You may use the Platform only if you are legally permitted to do so under applicable laws in your jurisdiction. By using the Platform, you represent and warrant that you meet all legal requirements necessary to access digital services where you reside or operate. PointGenie does not knowingly permit use of the Platform by individuals prohibited by law from accessing such services.

3. Services

PointGenie provides a location-based digital platform that may include, without limitation:

• Venue and location discovery tools
• Social check-ins and activity sharing
• User-generated content features, including posts, reviews, photos, and media
• NFC-enabled products and digital engagement tools
• Analytics, insights, and dashboards for users and businesses
• Experimental Proof of Experience ("PoX") reward mechanisms

4. Genie Token & Proof of Experience (PoX) Disclosure

The Genie Token is an experimental digital utility unit associated with the Platform’s Proof of Experience (PoX) system. You acknowledge that Genie Tokens have no monetary value, are not legal tender, are not securities or investments, and there is no guarantee of liquidity, transferability, or market value. Participation in PoX features is voluntary and undertaken at your own risk.

5. No Financial Advice

Nothing on the Platform constitutes financial, investment, legal, or tax advice. PointGenie does not provide investment recommendations or financial guidance of any kind.

6. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify PointGenie immediately of any unauthorized access or security breach. PointGenie is not responsible for losses resulting from unauthorized use of your account.

7. User-Generated Content

Users are solely responsible for all content they upload, post, share, or otherwise make available through the Platform. PointGenie does not verify, endorse, monitor, or guarantee the accuracy, legality, or appropriateness of user-generated content and disclaims all liability arising from such content.

8. Location & Check-Ins

All location-based features, including check-ins, are voluntarily initiated by users. You acknowledge that sharing location data or content related to physical locations or individuals may carry inherent risks. PointGenie is not responsible for consequences resulting from voluntary disclosure of location information.

9. Intellectual Property

All intellectual property rights in and to the Platform, including software, code, designs, logos, trademarks, content, and proprietary technology, are owned by or licensed to PointGenie. No rights are granted to you except as expressly set forth in these Terms.

10. Prohibited Use

You agree not to:

• Violate any applicable laws or regulations
• Infringe the rights of others
• Upload unlawful, misleading, defamatory, or harmful content
• Interfere with the operation or security of the Platform
• Attempt unauthorized access to systems or data

11. Products & NFC Disclaimer

All physical and digital products, including NFC tags and related hardware or software, are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, express or implied. PointGenie does not guarantee business outcomes, performance metrics, or results of any kind.

12. Third-Party Services

The Platform may integrate or link to third-party services, websites, or applications. PointGenie is not responsible for the content, availability, or practices of third parties and disclaims all liability arising from third-party interactions.

13. Termination

PointGenie reserves the right to suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including violation of these Terms.

14. Limitation of Liability

To the maximum extent permitted by law, PointGenie shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of data, profits, reputation, or business opportunities.

15. Indemnification

You agree to indemnify, defend, and hold harmless PointGenie, its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, or expenses arising from your use of the Platform or violation of these Terms.

16. Arbitration & No Class Actions

Any dispute arising out of or relating to these Terms or the Platform shall be resolved exclusively through binding arbitration on an individual basis. You expressly waive any right to participate in class actions, collective actions, or representative proceedings.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to conflict-of-law principles.

18. Changes to Terms

PointGenie may update these Terms at any time. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

19. Contact Information

Legal inquiries may be directed to: [email protected]