Terms and Conditions

Last updated: November 1, 2020​

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using  https://GeniusMessengerCRM.com, https://GeniusMessengerCRM.io websites or any software products offered on those websites, or  joining any reseller or partner programs described on those websites (the “Service”), which are operated by Genius Software Development LLC  (“us”, “we”, or “our”).


Access and Acceptance​


Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, partners, resellers and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.



By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.



If you wish to purchase any product, service, or program made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, violation of these terms and conditions, or any other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies​


We are constantly updating product,  service, and program offerings on the Service. We may experience delays in updating information on the Service, and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information, and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions


Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. You understand and agree that if you reside in a jurisdiction that prohibits any specific Promotion, you will be ineligible to participate, and ineligible to receive any award or prize.



Some parts of the Service are billed on a subscription basis ("Subscription(s)"). For those, you will be billed in advance, on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions, unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information, including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account using to such payment instruments.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes​


We, in our sole discretion, and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with a reasonable prior notice of any change in Subscription fees, to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.



Certain refund requests for Subscriptions may be considered by us on a case-by-case basis, and granted only in our sole discretion.



Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it), and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

We have the right, but not the obligation, to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are our property, or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.



When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Partner Program Terms and Conditions​


Our Partnership fees are non-refundable. You are paying a monthly (or annual) payment for services rendered (access to our software and a set number of user accounts for resale) hence no partnership payments will be refunded.

Our Partnership groups that may be made available on social media or website forums are not part of your payment. Abuse in any such group, including sharing information from the group outside the group, rudeness to other group members, or overall negativity will get you removed from the group at our sole discretion.

You cannot sell your partnership account to another party without our prior written consent. We will, under certain conditions left to our sole discretion, allow such sale or transfers if your business has been conducted ethically, you have not been found in violation of any terms or conditions, and an appropriate, mutually agreeable transfer fee has been paid to us.

You may assign your partnership account to an heir, if you have obtained prior written consent from us, your partnership fees are current, you have not violated any terms or conditions, your heir is willing to continue existing Partnership fees, and your heir accepts all Terms and Conditions then currently in place.

You cannot offer white-label rights to your agency accounts, or let others give away or sell your agency accounts. You can only sell or give away your agency accounts to end-users. You can sell or give away multiple accounts to people (companies), but they must be for their own internal end-users (i.e. a company with many employees). You cannot grant others the ability to re-sell, give away, or allow anyone else to offer our software as a bonus to their offers.

There is an official Reseller Partner Program available for all Partners to sell after all Founding Partner positions have been filled, and if you wish to bring Reseller Partners on board, you may do so through that official program, based on the then-current terms and conditions of said program, which are listed as an Announcement within the official Partner Facebook Group.

You cannot offer Lifetime deals, unless you are a Charter Partner.

You cannot offer Annual pricing to your end users unless you pay your Partner fees annually.

You must abide by minimum advertised pricing set by us. We may change said minimum advertised pricing at any time, and will notify you when any changes are made, but it is your responsibility to know what said minimum advertised pricing is at any time. Minimum advertised pricing means any price offered in any publicly-accessed space, including, but not limited to, social media sites, websites, landing pages, blogs, forums, bulletin boards, print publications, podcasts, and publicly available videos. You may offer discounts below the minimum advertised pricing only through private email, text, instant messenger system, or in person. You may not publicly offer our software as a bonus unless it is for a recurring product, where the recurring price is at least twice the minimum advertised pricing amount.

You cannot offer nor promote our software on deal sites, such as, but not limited to, JVzoo, Appsumo, Clickbank, Warrior Plus, or any other similar site. An exception exception to this may be allowed if you obtain prior written permission from us. Said prior written permission will only be considered if the software is part of a larger course or program (not a bonus, but an actual, integral part of the course or program), and the software name is not mentioned in any sales or JV material, nor are any images, screenshots, or video of the actual software used in any sales or JV material.

If you decide to cancel or leave the partnership, or are removed for violating any terms and conditions, your agency accounts will also be suspended until such time as the end user has made payment arrangements with us.

You are required to disclose to your users (any user to whom you issue an account of our software) that their account is issued and managed by you, can be canceled, suspended, or terminated by you at any time, and is attached to your partner account, and should your partner account get suspended or terminated for any reason, so will any account you have issued under the partner program.

If you violate any of the above-mentioned terms and conditions, your partnership will be terminated, and you will not be refunded.

Accounts Issued and Managed by Partners​​


Some users of our software are granted access to our software through an Authorized Partner in our Partner program. If you received your account any way other than signing up at the main website for our software (https://GeniusMessengerCRM.com or https://GeniusMessengerCRM.io) then your account is issued and managed by one of our Partners.


If you are unsure if your account is managed and issued by an Authorized Partner, please contact our Support directly.


Accounts issued to users under the Partner Program are managed completely through our Partner granting access to the user.


These accounts are fully managed by the Partner and can be revoked, suspended, or terminated at any time as the Partner sees fit. These accounts are considered to be sub-user accounts attached and controlled by the main account belonging to and paid for by the Partner in the Partner program.


Accounts issued and managed by a Partner fall under the terms and conditions between the user and the Partner, given by the Partner when issuing the account, and also fall under our terms and conditions of using our software.


These accounts are attached to the Partners subscription as part of the partner program and if the Partner cancels or is removed from the Partner Program for any reason, all accounts issued by that Partner will also be canceled or suspended without needing any prior notice, although we will make every effort, on a case-by-case basis and at our sole discretion, to honor any existing subscription fee.



Any Partner/User of our Software should first contact the respective software support regarding with queries/questions related to our software or Partnership.


Any escalations in the case of inconvenience or you are not satisfied with support, you should email to support@geniusmessengercrm.com regarding the matter.

Copyright Policy​​


We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.


If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@geniusmessengercrm.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"


You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your alleged copyright.

DMCA Notice and Procedure for Copyright Infringement Claims​​


You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

  • 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;

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at support@geniusmessengercrm.com.

Intellectual Property​​


The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Genius Software Development LLC and its licensors and assigns. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Links to Other Websites


Our Service may contain links to third party web sites or services that are not owned or controlled by us.


We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.


You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.


We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.



We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.


If you wish to terminate your account, you may simply discontinue using the Service.


All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.



You agree to defend, indemnify and hold us and our licensees, licensors, employees, contractors, agents, officers and directors, harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability


In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of 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; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.



Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.


Genius Software Development LLC and Software Creation LLC, as well as our subsidiaries, affiliates, and licensors, do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.



Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law


These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania , United States, without regard to its conflict of law provisions.


Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.


These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.



We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.



If you have any questions about these Terms, please contact us at support@geniusmessengercrm.com.

© Copyright Genius Software Development LLC. All Rights Reserved 2020.