PointGenie – Global Terms and Conditions

1. Acceptance of Terms

By accessing, registering for, purchasing from, or otherwise using the Platform, you agree to these Terms and our Privacy Policy at https://www.pointgenie.com/privacy. If you do not agree, do not use the Platform. If you act for a company or organization, you represent that you have authority to bind it.

2. Eligibility

You must be legally permitted to use digital services and enter binding agreements in your jurisdiction. The Platform is not directed to children under 13, or the higher minimum age required by local law. Business purchasers must be at least 18 and authorized to act for the business.

3. PointGenie Services

The Platform may include venue discovery, live place signals, social check-ins, experiences, events, user-generated posts and media, business pages, digital menus, review links, NFC and QR engagement tools, analytics, dashboards, notifications, and experimental Proof of Experience ("PoX") features. Features may vary and may change over time.

4. Accounts and Security

You are responsible for accurate account information, safeguarding credentials, and all activity under your account. We may require identity, email, phone, or business verification before granting access to sensitive features.

5. Business Listings, Claims, and Activation

Business information may originate from public sources, third-party providers, users, or business representatives. You must be an owner or authorized representative to claim a listing.

Some orders, including free QR orders, create an inactive business record and activation code. The business becomes active only after the recipient scans the assigned QR or NFC code and completes the account-claim process. PointGenie may reject, merge, correct, or suspend duplicate, misleading, or unauthorized listings.

6. Free Business QR Offer

The free offer includes one digitally generated PointGenie QR code and a basic business landing page, subject to eligibility and availability. No purchase is required. The recipient must claim and activate the business account. The offer does not include an NFC product, custom onboarding, guaranteed Google ranking, guaranteed reviews, or ongoing content management.

7. GenieTags and Product Orders

GenieTags are physical NFC and QR products that connect compatible devices to digital destinations configured through PointGenie. Device compatibility, browser settings, third-party availability, and tag condition or placement may affect performance.

Product descriptions, quantities, and prices shown at checkout control the order. Taxes, shipping, and other charges are shown before payment when applicable. We may correct obvious pricing errors, cancel unavailable orders, and limit quantities.

8. White Glove Launch

Unless checkout states otherwise, the $299 White Glove Launch is a one-time service for one business location. It includes one physical GenieTag, an initial business-presence and Google Business Profile audit, PointGenie account and page configuration, initial digital menu and social-link setup using customer-supplied information, and guided optimization recommendations.

White Glove does not include ownership of third-party accounts, recurring page management, paid advertising, photography, unlimited revisions, or guaranteed rankings, reviews, sales, or revenue. Additional locations, tags, or ongoing updates require a separate purchase or written agreement.

9. Payments, Taxes, and Promotions

Payments are processed by authorized third-party providers. You authorize the amount displayed at checkout, including applicable tax and shipping. Discounts may have separate conditions and may not be combined. Unless expressly described as recurring, GenieTag and White Glove purchases are one-time charges.

10. Shipping and Delivery

Available methods, estimated delivery windows, and charges are displayed at checkout. Estimates are not guarantees. Shipping is free or included only when the applicable product or checkout page expressly says so. The White Glove package currently includes standard U.S. shipping for its included GenieTag; international duties or special delivery charges may still apply.

11. Returns and Refunds

To request help with an eligible GenieTag order, contact us within 30 days of delivery with the order number and reason. Damaged or defective products may be replaced or refunded after verification. Return instructions must be followed.

Professional-service work becomes non-refundable once substantial White Glove work has started, except where required by law or where PointGenie fails to deliver the purchased service. Any approved package refund may be reduced by completed work, nonrecoverable costs, or unreturned products.

12. Google Reviews and Third-Party Rules

PointGenie provides easier access to third-party destinations but does not create, control, verify, or guarantee Google reviews or rankings. You may not use PointGenie to fabricate reviews, review-gate customers, offer prohibited incentives, or violate Google policies or consumer-protection laws.

13. User and Business Content

You retain ownership of content you submit. You grant PointGenie a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, display, distribute, and create technical derivatives as needed to operate, improve, and promote the Platform and your business page, subject to your settings and our Privacy Policy. You must have the rights and permissions needed for submitted names, logos, menus, photos, videos, and other materials.

14. Location, Check-Ins, and Marketing Assets

Location features and check-ins are voluntarily initiated by users. Depending on account settings and permissions, PointGenie may transform eligible check-ins, events, and business information into social cards, videos, highlights, or other marketing assets. Automated assets may contain errors and should be reviewed before publication.

15. Genie Token and PoX Disclosure

Any Genie Token or PoX reward is an experimental utility mechanism. It has no guaranteed monetary value, is not legal tender, is not a security or investment, and has no guaranteed liquidity, transferability, or market value. Nothing on the Platform is financial, investment, legal, or tax advice.

16. Intellectual Property

The Platform, excluding user content, and its software, designs, trademarks, logos, and proprietary technology are owned by or licensed to PointGenie. These Terms grant only a limited, revocable, non-transferable right to use the Platform for its intended purpose.

17. Prohibited Uses

You may not violate law or third-party rights; impersonate another person or business; submit fraudulent check-ins, reviews, claims, or orders; use unauthorized scraping or automation; interfere with security or operation; reverse engineer protected components; upload malicious code; or use the Platform for deceptive, abusive, defamatory, or harmful activity.

18. Third-Party Services

The Platform may link to or integrate with Google, payment processors, carriers, social networks, maps, messaging providers, and other services. Their terms and privacy practices apply. PointGenie does not control their availability, content, or actions.

19. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." POINTGENIE DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OPERATION, DATA ACCURACY, BUSINESS RESULTS, REVIEWS, TRAFFIC, RANKINGS, OR REVENUE.

20. Limitation of Liability

To the maximum extent permitted by law, PointGenie and its personnel will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, data, reputation, or business opportunity. Aggregate liability arising from a paid product or service will not exceed the amount paid for that product or service during the twelve months preceding the claim. Some jurisdictions do not permit certain limitations.

21. Indemnification and Termination

You agree to defend, indemnify, and hold harmless PointGenie and its personnel from claims, damages, losses, and reasonable expenses arising from your content, misuse, violation of these Terms, or infringement of another party's rights.

We may suspend access, remove content, or deactivate a listing when reasonably necessary to protect users, comply with law, investigate fraud, address security risks, or enforce these Terms.

22. Arbitration and Class-Action Waiver

Except where prohibited by law or eligible for small-claims court, disputes arising from these Terms or the Platform will be resolved through binding arbitration on an individual basis. You and PointGenie waive participation in class, collective, or representative actions. The parties agree to attempt informal resolution for at least 30 days after written notice.

23. Governing Law

These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict-of-law rules, except where mandatory consumer law provides otherwise. If any provision is unenforceable, the remaining provisions remain effective.

24. Changes and Contact

We may update these Terms as the Platform changes. Material updates will be posted with a revised date and, when required, additional notice. Continued use after the effective date constitutes acceptance.

Questions may be sent to [email protected] or PointGenie LLC, Doral, Florida 33178, USA.