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Terms of Service

Last updated: March 19, 2026

1. Acceptance of Terms

By accessing or using the website located at genkidigital.com (the “Site”), along with any associated services, features, content, or applications offered by Genki Digital (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the “Terms”). If you do not agree to these Terms, you must discontinue use of the Site and Services immediately. These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Genki Digital (“Company,” “we,” “us,” or “our”). Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

2. Description of Services

Genki Digital is a digital agency specializing in the design, development, and deployment of artificial intelligence products, software applications, and digital solutions. Our Services are primarily directed toward businesses and organizations operating within the health and cannabis industries, though we may serve clients in other sectors at our discretion.

Our offerings include, but are not limited to: AI product development and integration, technology consulting and strategic advisory, custom web and application development, compliance-aware software engineering, data pipeline architecture, and ongoing technical support. The specific scope, deliverables, and terms of any client engagement are governed by separate written agreements between Genki Digital and the respective client.

The information presented on this Site, including case studies, service descriptions, and capabilities, is provided for general informational purposes only and does not constitute a binding offer or guarantee of availability, pricing, or results.

3. Use of the Website

You agree to use the Site only for lawful purposes and in a manner consistent with these Terms and all applicable local, national, and international laws and regulations. You are solely responsible for ensuring that your use of the Site complies with all applicable legal requirements.

Without limiting the foregoing, you agree not to:

  • Use any automated system, including but not limited to robots, spiders, scrapers, or offline readers, to access the Site for any purpose without our express written permission.
  • Attempt to interfere with, compromise the integrity or security of, or disrupt the proper functioning of the Site or any servers, networks, or infrastructure connected to it.
  • Introduce any viruses, trojans, worms, logic bombs, or other material that is malicious, harmful, or technologically damaging.
  • Use the Site to transmit, distribute, or store material that violates the rights of any third party, including intellectual property rights, rights of privacy, or rights of publicity.
  • Attempt to gain unauthorized access to any portion of the Site, or any systems or networks connected to the Site, by hacking, password mining, or any other illegitimate means.
  • Use the Site for any fraudulent, deceptive, or unlawful purpose, or in any way that could damage, disable, overburden, or impair the Site.

We reserve the right to terminate or restrict your access to the Site at any time, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Intellectual Property

All content, features, and functionality on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video, data compilations, software, source code, design elements, and the overall arrangement and look-and-feel of the Site (collectively, “Site Content”), are the exclusive property of Genki Digital or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Site Content without the prior written consent of Genki Digital, except as incidental to normal web browsing (such as temporary caching by your browser).

Ownership of work product, deliverables, and intellectual property created in the course of client engagements is governed exclusively by the terms of the separate written agreement between Genki Digital and the respective client. Nothing in these Terms shall be construed to affect, modify, or supersede any intellectual property arrangements established in such client agreements.

5. Contact Form & Communications

The Site may provide contact forms, email addresses, or other mechanisms through which you may submit inquiries, requests for proposals, or other communications to Genki Digital. By submitting any information through these channels, you represent and warrant that all information provided is accurate, complete, and current, and that you have the authority to provide such information.

You agree not to use the contact mechanisms on the Site to send unsolicited commercial messages (spam), chain letters, mass mailings, or any form of automated or bulk communication. You further agree not to submit false, misleading, or deceptive information through any contact mechanism.

By submitting an inquiry or providing your contact information, you acknowledge and consent to Genki Digital contacting you in response to your inquiry via email, telephone, or other reasonable means. We will handle your personal information in accordance with our Privacy Policy.

6. Newsletter

Genki Digital may offer an optional email newsletter or periodic communications regarding our services, industry insights, company updates, or related content. Subscription to the newsletter is entirely voluntary and is not a condition of using the Site or Services.

If you choose to subscribe, you may unsubscribe at any time by clicking the “unsubscribe” link included in each newsletter email, or by contacting us directly at hello@genkidigital.com. We will process your unsubscribe request promptly and in accordance with applicable anti-spam and data protection legislation, including Regulation (EU) 2016/679 (GDPR).

7. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GENKI DIGITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Genki Digital does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee the accuracy, completeness, reliability, or timeliness of any information displayed on the Site, including but not limited to case studies, testimonials, performance metrics, project outcomes, or descriptions of results achieved for past or current clients.

Any case studies, success stories, or results presented on the Site are illustrative in nature and reflect the specific circumstances of those particular engagements. Past results do not guarantee or predict future outcomes for any prospective client. You acknowledge that any reliance on information presented on the Site is at your own risk.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENKI DIGITAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF GENKI DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Genki Digital's total aggregate liability to you for all claims arising out of or relating to the use of or inability to use the Site or Services exceed the total amount paid by you to Genki Digital, if any, during the six (6) months preceding the event giving rise to such liability. If you have not made any payments to Genki Digital, the maximum aggregate liability shall be limited to one hundred euros (EUR 100). The limitations set forth in this section shall apply regardless of the form of action and whether or not any action or claim is based on negligence or any other basis.

9. Indemnification

You agree to defend, indemnify, and hold harmless Genki Digital, its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (a) your use of and access to the Site or Services; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property, property, or privacy right; or (d) any claim that your use of the Site caused damage to a third party. This defense and indemnification obligation shall survive the termination of these Terms and your use of the Site.

10. Third-Party Links

The Site may contain links to third-party websites, resources, or services that are not owned or controlled by Genki Digital. These links are provided solely for your convenience and informational purposes. Genki Digital has no control over, and assumes no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or resources.

The inclusion of any link does not imply endorsement, approval, or affiliation by Genki Digital. You acknowledge and agree that Genki Digital 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 the use of or reliance on any content, goods, or services available on or through any third-party website or resource. We strongly advise you to review the terms of service and privacy policies of any third-party websites you visit.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Spain, without regard to its conflict of law provisions, and in compliance with applicable European Union regulations, including but not limited to Regulation (EU) 2016/679 (General Data Protection Regulation) and Directive 2000/31/EC (the E-Commerce Directive).

To the extent that Genki Digital conducts operations through its Buenos Aires, Argentina office, matters arising specifically and exclusively from those operations may be subject to the applicable laws of the Argentine Republic, including but not limited to Ley 25.326 de Protección de Datos Personales and the Argentine Civil and Commercial Code. In the event of any conflict between Spanish/EU law and Argentine law as it pertains to these Terms, Spanish law shall prevail unless otherwise required by mandatory local law applicable to the Argentine operations.

12. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, the parties shall first attempt to resolve the matter through good-faith negotiation. Either party may initiate this process by providing written notice to the other party describing the nature of the dispute and the relief sought. The parties shall endeavor to resolve the dispute within thirty (30) calendar days from the date of such notice.

If the dispute cannot be resolved through good-faith negotiation within the aforementioned period, the parties irrevocably submit to the exclusive jurisdiction of the courts of Barcelona, Spain, for the resolution of any such dispute, claim, or controversy. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding the foregoing, Genki Digital retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties. If such modification is not possible, the offending provision shall be severed from these Terms, and the remaining provisions shall be interpreted so as to best give effect to the original intent of the Terms.

14. Changes to Terms

Genki Digital reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time. When we make material changes to these Terms, we will update the “Last updated” date at the top of this page. We may, but are not obligated to, provide additional notice of significant changes (such as a notice on the Site or an email notification).

It is your responsibility to review these Terms periodically for changes. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the updated Terms, you must stop using the Site immediately.

15. Contact

If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us at:

Genki Digital

Email: hello@genkidigital.com

Barcelona Office

Barcelona, Spain (EU)

Buenos Aires Office

Buenos Aires, Argentina