In this agreement, “Gen” refers to Gen Financial Inc. (also referred to as “Gen,” the “Group,” or the “Company”) and its wholly owned subsidiary, Gen Invest LLC (“Gen Invest”), including [Gen Capita], its interactive website, mobile application, and related services, all accessible via https://www.gencapita.com . These Terms and Conditions, along with any agreements between you and Gen Financial Inc., Gen Invest LLC, and/or Gen Capita (including any client or account agreements), govern your access to and use of the software, products, services, content, tools, and information provided by these entities.

General

The Gen Capita website and mobile application (collectively, the “Service”) provide access to certain content (the “Content”). This Content includes, without limitation, account details such as positions, balances, transactions, confirmations, and order history, as well as general news, commentary, research reports, educational materials, and data on financial markets, securities, and related topics. The Service also offers market data, including securities quotations and transaction information reported under federal securities regulations, along with interactive financial and investment tools such as alerts and calculators, tools for tax preparation, bill payment, and account management. Additionally, the Service includes company names, logos, product and service names, trade names, trademarks, and service marks (collectively, “Marks”) owned by Gen and by third-party providers (defined below), as well as any other information, content, services, or software available through the platform.

Certain Content is supplied by third parties (“Third-Party Providers”), and this “Third-Party Content” includes information, services, or software available through platforms like social media, blogs, wikis, online conferences, telecasts, podcasts, and similar forums (collectively, the “Forums”). Third-Party Content may be accessible through framed sections or links to Third-Party Providers’ websites.

Acceptance of Terms & Conditions

By using or downloading the Service and its Content, you agree to be bound by these Terms and Conditions, including all related policies. Customers of Gen Financial, Gen Invest, and Gen Capita may have additional access to the website. Their relationship with Gen is also governed by other agreements, such as the Customer Agreement, which specifically covers their account(s) and additional terms of use.

Disclaimers and Limitations of Liability

GEN AND ITS THIRD-PARTY PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSSES RELATED TO PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GEN OR ANY THIRD-PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH DAMAGES MAY RESULT FROM: (1) YOUR USE OR INABILITY TO USE THE CONTENT OR SERVICE; (2) COSTS TO OBTAIN SUBSTITUTE GOODS OR SERVICES DUE TO ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED, OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS MADE THROUGH THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS, OR DATA DUE TO YOUR ACTIONS, INACTION, OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATED TO THE CONTENT OR SERVICE.

The Content and Service are provided “as is” and “as available.” To the fullest extent allowed by law, Gen and its Third-Party Providers disclaim all warranties regarding the Content and Service, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Gen and the Third-Party Providers do not guarantee the accuracy, timeliness, completeness, or usefulness of any Content, and you agree to use the Content and Service at your own risk.

Gen and the Third-Party Providers do not endorse or approve any Third-Party Content, which is provided solely for informational purposes. Content is not intended as financial, legal, tax, or investment advice unless specifically identified in writing as a personalized recommendation. You are solely responsible for deciding if any self-directed investment, strategy, or related transaction aligns with your investment goals, financial situation, and risk tolerance. We recommend consulting a legal or tax professional regarding your individual circumstances.

Disclaimers and Limitations of Liability

Content on the Service is published as of its stated date or, if none is specified, the date of its initial posting. Gen and its Third-Party Providers have no obligation to update this information after it is posted. Gen does not create, edit, or endorse Third-Party Content. Gen makes no guarantee regarding the accuracy, timeliness, completeness, or usefulness of Third-Party Content and assumes no responsibility or liability for any content, advertising, products, or materials available from third-party sites.

You agree not to hold Gen or any Third-Party Provider responsible for (a) inaccuracies, errors, delays, or omissions in the Content, or (b) any loss or damage resulting from (i) errors, delays, or interruptions in Content transmission; (ii) interruptions due to force majeure events, such as floods, extreme weather, earthquakes, fires, wars, riots, labor disputes, governmental actions, or communication or power failures; or (iii) any other causes beyond the reasonable control of Gen or any Third-Party Provider, or (iv) non-performance.

Price quotes may be delayed by 20 minutes or longer, as regulated by applicable exchanges and Third-Party Providers. Gen and the Third-Party Providers make no guarantees regarding the accuracy or timeliness of price quotes or the present or future value or suitability of any transaction, sale, or trade involving any security or other investment. Content is provided solely for personal, non-commercial use.

No part of the Service or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) on any other computer, server, website, or other medium for publication, distribution, or commercial purposes without Gen’s prior written consent. You acknowledge that Gen is the exclusive owner of Gen Marks, and other Marks are the property of their respective owners. You agree not to use any Marks for any purpose without the prior express written consent of their respective owners.

Communication

Artificial Intelligience

• GENCAPITA incorporates AI-powered functionalities, including but not limited to GENiE, an interactive assistant providing insights, recommendations, and other investment-related support. By using GENiE, you acknowledge and agree that:
  1. GENiE is a tool designed to assist with financial decision-making but does not constitute personalized financial, legal, tax, or investment advice unless expressly stated.
  2. The recommendations and insights provided by GENiE are based on historical data, market trends, and algorithmic predictions. These may not always reflect real-time market conditions or your unique financial circumstances.
  3. You retain full responsibility for evaluating and acting on any insights or recommendations from GENiE.
• Limitations: While GENiE is designed to provide accurate and timely insights, Gen does not guarantee the accuracy, completeness, or reliability of the insights provided; AI predictions are inherently probabilistic and may not always result in desired outcomes; GENiE’s performance may vary based on the quality of input data, and its capabilities are subject to technical and operational limitations.
• Data Usage and Privacy: By using GENiE, you agree to the collection and use of data under the Gen Privacy Policy, including input data provided by you for generating insights (e.g., financial goals, preferences, or strategies); and the use of anonymized data to improve AI algorithms and user experience.
• Liability Disclaimer: To the fullest extent permitted by law, Gen and its subsidiaries are not liable for any direct, indirect, incidental, special, or consequential damages arising from the use of GENiE, including but not limited to financial losses, missed opportunities, or errors in investment strategy. The use of GENiE and other AI features is entirely at your own risk.
• Prohibitions: You agree not to use GENiE or related AI features to engage in illegal, fraudulent, or harmful activities; misrepresent inputs to manipulate AI-generated outcomes; or Reverse engineer, decompile, or otherwise attempt to extract the source code or algorithms underlying GENiE.
• Updates: Gen reserves the right to modify, enhance, or discontinue GENiE or any AI-related features without prior notice. Continued use of the Service after such changes constitutes your acceptance of these modifications.
• Third-Party Content: Some functionalities of GENiE may integrate third-party data or services. Gen Financial Inc. does not guarantee the accuracy or reliability of such third-party contributions and is not liable for any errors or omissions arising from their use.

External Links

Gen and its Third-Party Providers may include links to external websites or resources. Since Gen and its Third-Party Providers do not control these sites or resources, you acknowledge and agree that they are not responsible for their availability. Gen and the Third-Party Providers do not endorse, and are not liable for, any content, advertising, products, or other materials on or available through these external sites or resources. You further acknowledge and agree that Gen and its Third-Party Providers are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by your use of or reliance on any content, goods, or services available through these external sites or resources.

Additional Policies

Your access to and use of the Content and the Service are also subject to Gen’s applicable policies, including the Gen Privacy Policy available on the Service. By using the Service, you agree to comply with these policies and any other policies Gen has in place for accessing and using the Content and Service. Your use of the Service indicates your consent for Gen and its affiliates to process and transfer your personal data as needed. As part of delivering the Service, Gen may send you necessary communications, such as service updates and administrative messages, which may not have opt-out options.

Indemnification

You agree to indemnify and hold harmless Gen and its Third-Party Providers, along with their officers, directors, agents, partners, employees, licensors, distributors, and representatives, from any and all claims, demands, actions, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from your access to or use of the Content (including Third-Party Content) or any interactions related to your account. This includes, but is not limited to, claims arising from inaccurate, incomplete, or misleading information; libel; invasion of privacy; infringement of copyrights, trade names, trademarks, service marks, or other intellectual property rights; any defective product; or any injury or damage to persons or property resulting from products sold or distributed in connection with the Service; as well as any violations of applicable laws.

Governing Law & Severbility

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms and Conditions must be brought exclusively in the courts of Delaware, and you consent to the personal jurisdiction and venue of those courts. If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision will be considered severable, and will not affect the validity or enforceability of the remaining provisions.

Termination

You acknowledge that Gen may terminate these Terms and Conditions or suspend your access to the Service or Content at any time, without prior notice and for any reason, effective immediately. These Terms and Conditions will automatically terminate without notice if you fail to comply with any provision, as determined solely by Gen. Gen will not be liable to you or any third party for any claims arising from the termination or suspension of the Service or Content. Additionally, Gen and/or Third-Party Providers may discontinue or modify the Content or any part of it at any time. You agree to release, indemnify, and hold harmless Gen and the Third-Party Providers from any loss or damages resulting from such discontinuation or modification.