Terms & Conditions

Please read these Terms & Conditions carefully before registering for our Platform and/or Services.

If you do not agree to be bound by the terms of these Terms, you must not use our Platform or Services.

We recommend that you print and retain a copy of these Terms for future reference.

You should also read our Privacy Policy, Platform Acceptable Content Use Policy and Cookie Policy (which we may subsequently refer to in the Terms).

Information about us and how to contact us

We are Generation App Ltd (“GenFam”, “we”, “us” or “our”), a company registered in England and Wales with company number 14900573 and registered office at L39, 39th Floor, One Canada Square, Canary Wharf, London, United Kingdom, E14 5AB.

You can contact us by email at [email protected], or by post at L39, 39th Floor, One Canada Square, Canary Wharf, London E14 5AB.

If we have to contact you, we will usually do so by writing to you at the email address you provided when registering. We may also call you or send a text message to the mobile number you provided.

Important information about these Terms

These Platform terms & conditions of supply (“Terms”) set out the terms and conditions on which we supply our services to you. Any references to “you” or “your” mean you as a recipient of the Services, pursuant to your registration as a user on our Platform (or your registration through your school or other institution or organisation).

Please read these Terms carefully before you register for or use our Platform. They tell you who we are, how we will provide Services to you, how you and we may change or end our relationship, what to do if there is a problem, and other information.

If you think there is a mistake in these Terms, please contact us at [email protected] to discuss.

Types of user on our Platform

When registering for an account, you will be given the choice of registering as one of the following user types:

• Parent (over the age of 18): can create an account in their own name, create a sub-account for their Child, post pictures and videos, monitor their Child’s accounts, message and call friends, comment, download posts, and approve or request connections on their Child’s accounts.
• Child (under the age of 13): accessing the Platform through a Parent Account, can view memories and pictures, post pictures and videos on their memories and stories, view posts and memories of their friends, and message their friends.

Your registration with us

On our Platform we set out information relating to the various Services we make available from time to time. The registration form is made available to you in blank for you to populate and submit via the Platform. As part of registration, you may be asked to provide information and supporting documents for identity and age verification checks.

Our acceptance of your registration will be indicated on the Platform, at which point a contract comes into existence between you and us in respect of the Services you have registered for. If we are not in a position to accept your registration, we will endeavour to inform you in writing.

Our rights to make changes

We may change the Platform and/or Services to reflect changes in relevant laws and regulatory requirements, to implement technical adjustments and improvements (for example to address a security threat), or for other reasons.

We may also make changes to these Terms or more significant changes to the Platform or Services. If we do, we aim to give you reasonable notice, and you may then choose to deactivate your account before the changes take effect.

Charges

The Services and access to the Platform are, following registration, provided to the user free of charge at this time.

In the future, we may introduce a premium tier of use attracting a subscription or other charge.

Intellectual property

All IP rights in or arising out of the Platform and/or Services (other than IP rights in materials provided by you) shall be owned by GenFam. You may print off one copy, and download extracts, from any page for your personal use.

With regard to content you submit or upload, you retain ownership of your IP, but you grant us a perpetual, worldwide, fully paid-up, transferable, non-exclusive, royalty-free, sub-licensable right to use, copy, modify, distribute, reproduce, display, publish and process such content in connection with our provision of the Platform and/or Services.

You warrant that any content you upload shall not infringe the rights of third parties, and you agree to indemnify us against any losses arising from such claims.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platform and/or Services for any purpose, including the development, training, fine-tuning or validation of AI systems or models.

This clause should be treated as an express reservation of our rights, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

Your rights to deactivate your account

You may ask us to deactivate your account by locating and clicking the “Delete Account” functionality on our Platform. If you registered via email, you will be notified by email once your account has been deactivated. There is no charge for this.

Once deactivated, you will not be able to access the Platform or content you have uploaded. To use the Services again, you will need to re-register.

Our responsibility for loss or damage suffered by you

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, or for fraud.

If we fail to comply with these Terms, we are only responsible for direct (excluding consequential) loss or damage that is a foreseeable result of our breach. We are not responsible for indirect or consequential losses, including loss of profit, savings, goodwill, contracts, data or use.

Except where liability cannot lawfully be limited, our liability to you for breach of these Terms or on any other basis is limited to £50,000.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy and Cookie Policy.

Please be aware that internet transmissions are never completely private or secure and that any message, document or information you send using the Services may be read or intercepted by others.

General

Neither party shall be in breach of these Terms nor liable for delay or failure to perform if such delay or failure results from events beyond its reasonable control.

These Terms — together with our Privacy Policy, Platform Acceptable Content Use Policy and Cookie Policy — constitute the entire agreement between you and us in relation to your use of our Platform and/or Services.

These Terms and their subject matter shall be governed by the laws of England and Wales, and the courts of England shall have exclusive jurisdiction to settle any dispute arising out of or in connection with them.