Terms of Service

Last updated: June 16, 2024

These Terms of Service (these “Terms”, the“Terms of Service”) apply to your access to and use of the websites, other online products and services (collectively, our “Services”) provided by MainFunc Inc.("MainFunc") or any of its subsidiaries or affiliated entities, including without limitation Genspark Inc. (“Genspark”), a wholly owned subsidiary of MainFunc (collectively, “we”, “us” or “our”) .

By clicking your consent (e.g. “Create”, “Continue”, “Sign-in”, or “Sign-up”) or by using our Services, you are agreeing to be bound by these Terms. These Terms apply to all visitors, users and others who access or use the Service, including our website. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Service.

If you’re agreeing to the Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you.

Our Services

The Services include a search and content generation service, which allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. The service is available via https://genspark.ai. We also publish and maintain websites located at http://mainfunc.ai. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

Acceptable Use

To use our Services, you must be at least 13 years old. If you are under 18, you must have your parent or legal guardian’s permission to use the Service. In addition, you may not use the Services and may not accept the Terms of Service if: (a) you are a person barred from accessing, using, or receiving the Services under the applicable laws of the United States or any other country, including the country in which you are resident, or from which you use the Services; or (b) Your Account (as defined below) (including any alternative Account controlled by you) is suspended, terminated, or otherwise is not in good standing.

You may need to register for an account (an “Account”) to access some or all of our Services. You consent to us collecting and using your email address and any other information you provide to create your Account. If there are any changes to the information you provide us, you must notify us of those changes and keep your information accurate, complete, and up-to-date at all times. You agree not to share, transfer, or sell your Account and to be responsible for all activities on your Account. You agree not to share your Account or password with anyone else.

We grant you, subject to your complete and ongoing compliance with the Terms, a non-exclusive, non-transferable, non-sublicensable, revocable license solely to (a) access and use the Genspark Services we make available to you; (b) copy and display Content (as defined below) created with or submitted to the Services by other users of the Services (collectively, “User Content”) and modify User Content.

We do not grant you any rights owned by our licensors (including any advertisers, affiliates, and partners) or third-party software governed by its own terms (e.g., open source software). We and any of our licensors reserve all rights, title, and interest not expressly granted under the Terms, and it is your responsibility to comply with any applicable third-party or open source license terms. All rights not expressly granted to you in this section are reserved by us.

You agree to refrain from utilizing the Service in any way that could potentially result in damage to the Service or compromise its availability and accessibility. Furthermore, you agree not to engage in any unlawful, illegal, fraudulent, or harmful activities through the Service, including but not limited to acts of hate, harassment, violence, political manipulation, spam, or malware. In addition, you agree that you will not publish or promote any inappropriate User Content using the Services. Inappropriate content includes, but is not limited to:

Explicit Material: Content that includes nudity, sexual acts, or explicit imagery.
Violent or Graphic Content: Images or descriptions that depict violence, gore, or other graphic material.
Hate Speech and Discrimination: Language or imagery that promotes hatred, discrimination, or violence against individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected categories.
Harassment and Bullying: Content that intimidates, demeans, or harasses individuals or specific groups of people.
False Information and Misrepresentation: Deliberately misleading or fraudulent information or impersonation of individuals or organizations.
Illegal Activities: Promotion of illegal activities or content that violates laws and regulations.
Spam and Malware: Unsolicited promotions, commercial messages, or content that contains harmful software.
Infringes, violates, or misappropriates the intellectual property rights of any other person.

You hereby agree to refrain from conducting any systematic or automated data collection activities, including scraping, datamining, extraction, or harvesting, either on or in relation to the Service. Such prohibited activities include, but are not limited to, utilizing the Service as an input for other services, websites, or databases. Additionally, you agree not to republish any content generated by the Service without clearly acknowledging its source and the associated context. Any misrepresentation of the content's origin or the nature of its creation is strictly prohibited.

You agree to use the Services only for your own internal, personal, non-commercial use, and not on behalf of, or for the benefit of, any third party.

We reserve the right to remove any User Content, terminate an Account, or otherwise restrict access to the Services to ensure compliance with these Terms.

User Content

The Service may allow you to upload, submit, store, send or receive content.

You acknowledge that you are solely responsible for all information, data, text, software, music, audio, photographs, graphics, videos, messages, tags, and other materials (collectively, "Content") that you upload, post, email, transmit, or otherwise make accessible through the Service, whether shared publicly or transmitted privately. You will comply with any requirements or restrictions imposed on usage of User Content by their respective owners, which may include “all rights reserved” notices, Creative Commons licenses, or other terms and conditions that may be agreed upon between you and the owners. We exercise no control over the Content posted through the Service and, therefore, cannot guarantee its accuracy, integrity, or quality. You understand that by using the Service, you may encounter Content that is offensive, inappropriate, or objectionable. We shall not be held liable in any way for any Content, including but not limited to any errors or omissions within Content, or any losses or damages incurred as a result of using any Content shared, emailed, transmitted, or otherwise made accessible through the Service.

You consent to assess and assume all risks associated with using any Content, including any reliance on its accuracy, comprehensiveness, or usefulness. In this context, you acknowledge that you cannot rely on any Content generated by or submitted to the Service. By using the Services you release and hold harmless us from any and all liability arising from your use of any third party website or service. Any interactions with other users of the Services are solely between you and such other users and we are not responsible for any loss or damage that may result from such interactions, and we are not under any obligation to become involved in any dispute between users of the Services unless there is a violation of these Terms or our Privacy Policy. In the event of any dispute between you and any other user of the Services, you hereby release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his, her, or its favor at the time of executing the release, and that, if known by him or her, would have materially affected his settlement with the debtor or released party.”

You acknowledge and agree that we may retain Content and, if legally obligated, may disclose Content as well.

Genspark Content

As a user of the Services, you may view or otherwise access Content that is developed and/or published by us (collectively, “Genspark Content”), such as content published on our website by us, including without limitation blog posts by us or additional information about us that we may provide.

While we will use reasonable efforts to ensure that any Genspark Content is complete, accurate, and current, we make no representations or warranties as the to the completeness, accuracy, or currency of any Genspark Content. All Genspark Content is provided “AS IS” and we are not responsible for any errors or omissions.

Intellectual Property Rights

All Genspark Content is the property of us and/or any applicable third party licensors. Without our prior written consent, you may not copy, store, publish, modify, transmit, create derivative works based on, distribute, or otherwise use Genspark Content except in connection with your use of or access to the Services. You agree to comply with all reasonable requests from us to the extent reasonably necessary to protect and/or perfect our proprietary and intellectual property rights in the Genspark Content. We grant you a limited, non-transferable license to use or access Genspark Content solely for purposes of, and only the extent necessary for, utilizing the Services as contemplated in these Terms.

You retain your ownership of any intellectual property rights to any Content that belongs to you and is posted, uploaded, or otherwise made available using the Services.

Unless otherwise agreed in writing, by submitting, uploading, sending, displaying content on or through the Services, you grant us (and those we work with) a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, store, host, reproduce, modify, adapt, publish, translate, create derivative works, distribute, publicly perform, publicly display your content to the extent reasonably necessary to deliver the Services. We need this license because this Content is not owned by us and we therefore can not display it across its various surfaces (i.e., mobile, web) without permission. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new ones. You hereby represent that you have the necessary rights to grant us this license for any Content that you submit to our Services.

We acknowledge and respect the intellectual property rights of all individuals and entities, and expects the same level of respect from all users of our Service. Any unauthorized attempts to reverse engineer, duplicate, replicate, or illegally acquire intellectual property associated with the Service will not be tolerated and may lead to legal actions.

We reserve the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law.

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like us, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

We will remove infringing materials in accordance with the DMCA if properly notified that Content infringes another person’s copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us by sending a Copyright Infringement Notification Requirement email to [email protected]. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services, sufficient for us to locate the material;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify us by sending a Counter Notification email to [email protected]. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

a physical or electronic signature of the user of the Services;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
your name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.

Under the U.S. Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

LIMITATION OF LIABILITY

IN NO CIRCUMSTANCES SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSSES OF PROFITS, DATA, USAGE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM: (I) YOUR ACCESS TO OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USAGE, OR MODIFICATION OF YOUR TRANSMISSIONS OR CONTENT. THIS APPLIES REGARDLESS OF WHETHER THE LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE AND A REMEDY SPECIFIED HERE FAILS TO ACHIEVE ITS INTENDED PURPOSE, WE SHALL NOT BE HELD ACCOUNTABLE. OUR AGGREGATE LIABILITY ARISING OUT OF, OR RELATING TO, THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

Geoblocking

Scope and Applicability: Geoblocking within the Services applies to specific geographic regions or countries. Users should be aware of potential geoblocking implications before accessing the Services and by using the Services, agree to the terms set forth herein with respect to geoblocking.

Conditions for Geoblocking: Geoblocking within the Services may be based on one or more of the following conditions:

Legal Requirements: Compliance with applicable laws, regulations, industry standards, or governmental requirements may restrict service provision within specific geographic regions;
Compliance Requirements: To ensure compliance or security, access to the service within specific geographic regions may be restricted;
Our Discretion: Based on our discretion for business considerations, access to the service within specific geographic regions may be restricted.

Geoblocking may affect the following aspects:

Functionality Access: Users within specific geographic regions may be unable to access some or all service functionalities.
Content Access: Users within specific geographic regions may be unable to access specific content, including but not limited to text, images, audio, video, etc.
Geolocation Identification: We may identify users' geographic locations through IP addresses, geolocation information, or other technical means to implement geoblocking.

Changes to Geoblocking Restrictions: We reserve the right to modify or update its geo-blocking policies and restrictions at any time without notice. Such changes may expand or restrict the Services available to you based on your location.

Compliance with Local Laws: You are responsible for ensuring that your use of the Services complies with all local laws and regulations of your jurisdiction. Accessing Services in a manner that violates local laws may result in termination of your account and access to the Services.

DISCLAIMER

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT OUR SERVICES, ALONG WITH ANY USER CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

WE, OUR SUBSIDIARIES, AFFILIATED COMPANIES, AND LICENSORS DO NOT GUARANTEE THAT: A) THE SERVICE WILL OPERATE WITHOUT INTERRUPTION, BE SECURE, OR BE AVAILABLE AT ANY SPECIFIC TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE RECTIFIED; C) THE SERVICE IS DEVOID OF VIRUSES OR OTHER POTENTIALLY HARMFUL ELEMENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

WE ARE NOT LIABLE FOR SERVICE UNAVAILABILITY OR RESTRICTIONS RESULTING FROM GEOBLOCKING. USERS UNDERSTAND AND AGREE THAT GEOBLOCKING MAY BE INFLUENCED BY VARIOUS FACTORS, INCLUDING BUT NOT LIMITED TO LEGAL REQUIREMENTS, TECHNICAL LIMITATIONS, COMPLIANCE REQUIREMENTS, ETC.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us, and our employees, officers, directors, agents, partners, from and against any losses, liabilities, claims, demands, damages, expenses or costs resulting from or arising out of a）your use and access to the Service, whether by you or any individual using your account and password; b）any violation of these Terms; or c）the Content uploaded or posted on the Service.

Amendments

We may make changes to these Terms from time to time and and at any time, with or without prior notice. If a revision is deemed significant, we will endeavor to provide a notice of at least 30 days prior to the implementation of any new terms. The decision regarding what qualifies as a material change will rest solely with us.

After modification, we will post the revised Terms and update the “Last updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.

Governing Law and Dispute

These Terms and your use of the Services shall be governed by the laws of the State of California, without respect to its conflict of laws principles. For any actions not subject to arbitration, the exclusive place of jurisdiction for any claim, dispute, or controversy arising from or in connection with these Terms or the Services is San Francisco County, California, or the United States District Court for the Northern District of California, and such disputes will be determined under California law. To the fullest extent permitted under applicable law, any dispute concerning these Terms or the Services shall be resolved through binding arbitration. Any arbitration will be administered by the American Arbitration Association ("AAA") under the applicable rules then in effect for the AAA. If the AAA rules conflict in any way with these Terms, the Terms will govern. You can find AAA’s forms at www.adr.org. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. A judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. Where the AAA’s Consumer Arbitration Rules apply, if the arbitrator determines that a party’s claim was frivolous or brought for an improper purpose, the arbitrator must assign all fees and costs associated with the arbitration to that party. All disputes must be brought in the party's individual capacity, and not as a member in any class or representative proceeding. You agree that, by entering into these Terms, you are waiving the right to a trial by jury or to participate in a class action. Nothing in these Terms shall affect any non-waivable statutory rights that apply to you. To the extent any dispute isn’t arbitrable under applicable laws or otherwise, you agree that the dispute will be resolved exclusively in accordance with these Terms.

Contact US

If you have any questions about these Terms, please contact us at [email protected].