Terms of Service

Last updated: May 28, 2024

Welcome to Generate! We’re delighted to have you here. These terms outline the guidelines and regulations for using Generate’s Products. By using Generate’s Products, you agree to these Terms. If you don’t agree, do not use or register with Generate.

1. Agreement and Use of Generate Products

Generate is a product of iCoolhunt Spa.

Email: info@nextatlas.com

Address: iCoolhunt S.p.A., Via Stampatori 4, 10122, Torino, Italy

Phone: +39 011/0864065

Your use of Generate Products is governed by this agreement (the “Terms”). To use Generate Products, you must agree to the Terms by registering an Account on Generate’s Platform. If you register or use Generate Products, it implies acceptance of these Terms. Users under 18 may not use Generate Products or the Generate Website. By registering, you affirm that you are over 18 and not barred from receiving Generate Products under your country’s laws. Using Generate Products is not contingent on the delivery of future functionality or features, or any public comments by Generate or its affiliates.

2. Account Responsibilities

You must provide accurate registration information and secure your passwords. Notify Generate immediately if you become aware of unauthorized use. Sharing access credentials constitutes a material breach of these Terms. If using an email from an organization, you represent authority to do so, and the organization may manage your use of Generate Products. Generate will grant administrative privileges to one Admin to set up access for other Authorized Users, who must comply with the Terms. The Admin must de-authorize access for any employee or person no longer an Authorized User within fifteen (15) days. The customer controls who shares Projects. Generate is not liable for how others may access or use shared Projects.

3. Privacy, Personal Data, and Customer Data

The use of Generate Products and the Website is subject to the privacy policy and the Data Processing Agreement (DPA). Customer must ensure compliance with applicable laws for Customer Data and is responsible for configuring and securing Data. We do not knowingly process Sensitive Information; if you choose to do so, it is at your own risk. Customer grants Generate the right to use Customer Data solely to provide and support services, or as required by law. Generate may disclose Customer Data if required by law or governmental authority, with notice to the Customer when permitted.

4. Fees and Billing

Generate Products are provided according to the selected Plan, with automatic renewal unless canceled in advance. Fees depend on your selected Plan and usage within billing cycles, payable in euros. Payment obligations are non-cancellable and non-refundable unless stated otherwise. Billing starts on the first day of the month or Subscription Term and ends on the last day of each month unless agreed otherwise. Generate will automatically charge your payment instrument for Fees. Ensure your payment information is accurate and updated. Late payments may incur interest charges and collection costs, and Generate may suspend or downgrade access until fees are paid. Non-payment for over sixty (60) days may result in account deactivation and data deletion. You may change or cancel your Plan, effective in the next billing cycle. Generate may change pricing and terms with notice, effective in the next billing cycle. You are responsible for paying all applicable taxes. Credit card transactions are managed by Stripe, and invoicing is managed by Fatture24. Issues with payment should be directed to Stripe or Fatture24.

5. Control and Security

You are solely responsible for all Content, Customer Personal Data, your IT infrastructure, access credentials, and results from using Generate Products. Use Generate Products in compliance with laws. Prohibited actions include: modifying or reverse engineering the Platform, commercially exploiting Generate Products without permission, using Generate Products to compete, overloading Generate’s infrastructure, exceeding usage limits, and transferring prohibited content. Data transmission may occur over various networks, and you must secure and back up your Projects. Generate is not liable for unauthorized access, corruption, or loss.

6. Intellectual Property and Use of Generative AI

Generate owns all intellectual property rights in and to Generate IP. This includes any content generated using AI models, such as OpenAI’s ChatGPT or similar Large Language Models (LLMs). These models are integrated into our services to enhance user interaction and automate content creation. Any content generated by these AI models is subject to the same terms as other content within Generate’s services.

You own all rights to your original Content and grant Generate a license to use it to provide services. Feedback provided to Generate is owned by Generate and can be used without obligation. Generate may collect and use data to improve services in aggregate or de-identified form. Open-source components are governed by their respective licenses. The Site, Services, and Software are owned by iCoolhunt and protected by copyright laws. Use of any retrieved content is subject to the respective owner’s license terms. "ICoolhunt", "Nextatlas", and “Generate” are trademarks of iCoolhunt, and other trademarks on the Site are property of their respective owners.

7. Service Modifications and Limitations

Generate may modify functionalities but not adversely without notice, effective in the next Subscription Term. Temporary interruptions may occur due to technical difficulties or maintenance. Generate reserves the right to modify or discontinue functionalities without liability, except where prohibited by law. There is no obligation for Generate to maintain, support, upgrade, or update services unless legally required.

8. Deactivation and Deletion

You can deactivate/delete your Account anytime by requesting it through support. This takes effect at the next billing cycle. Generate may suspend or delete your Account for any violations or legal reasons without notice. Generate can deactivate or delete accounts with thirty (30) days' notice and refund the pro-rated portion of prepaid services. You are responsible for exporting your Projects before account termination. Inactive accounts may be deleted, and Generate reserves the right to modify or discontinue services or accounts.

9. Reporting Rights Violations

If you believe Content violates rights, report it with evidence to iCoolhunt. iCoolhunt will address clear claims and reserves the right to contact involved parties for clarification. False claims may result in liability for damages.

10. Arbitration and Dispute Resolution

Disputes are subject to the exclusive jurisdiction of the Court of Torino, Italy.

11. Changes to the Terms

Generate may modify these Terms with notice. Continued use after changes implies acceptance.

12. Limitation of Liability

Generate and its affiliates are not liable for indirect, incidental, special, consequential, or punitive damages, loss of profits or revenues, or loss of data resulting from the use of services.

13. Indemnification

You agree to indemnify Generate for any claims, liabilities, damages, losses, and expenses arising from your use of the services or violation of these Terms.

14. Arbitration and Dispute Resolution

These Terms shall be interpreted, evaluated, and enforced in all senses according to the Italian law. Users agree to submit to the exclusive jurisdiction of the Italian Courts and to the exclusive competence of the Courts of Turin.

15. Nextatlas Terms

For the Nextatlas platforma analysis and data included in Generate refer to https://www.nextatlas.com/legal/terms