1. Scope
1.1 Application. This Cancellation and Refund Policy (the "Policy") applies to all subscriptions to the GeniOS service (the "Service") sold by Homians Private Limited, a company incorporated under the Companies Act, 2013, with corporate identity number U62099UP2021PTC153281, at its registered office and at its office in New Delhi, India ("we", "us" or "our"), and paid through Stripe, our payment processor, or by invoice.
1.2 Part of the Terms. This Policy forms part of our Terms of Service. Words defined in the Terms of Service have the same meaning here. If there is a conflict between this Policy and the Terms of Service on cancellation or refunds, this Policy prevails.
1.3 Order Forms. Where you have an Order Form signed by us that sets out different cancellation, renewal or refund terms, the Order Form applies to the subscription it covers.
1.4 Statutory rights. Nothing in this Policy excludes or limits any right to a refund that cannot be excluded or limited under Applicable Law.
2. Delivery of the Service
2.1 Digital service. GeniOS is a software service delivered online. No physical goods are sold, shipped or delivered, no shipping or delivery charges apply, and no delivery address is required.
2.2 Delivery on payment. The Service is delivered to your account as soon as your payment succeeds, or, for a free trial, as soon as your account is created. We send a receipt to the email address on the account.
2.3 Access problems. If paid features are not available on your account within 24 hours after a successful payment, write to us at hello@thegenios.com with your account email and the payment reference, and we will either activate them or refund the payment in full.
3. Subscriptions and renewal
3.1 Billing period. Plans are sold as subscriptions billed in advance, monthly unless an Order Form states otherwise, at the prices shown on our Pricing page at the time of purchase. Fees are stated and charged in United States dollars (USD) unless an Order Form states otherwise, plus applicable taxes, including GST where applicable.
3.2 Automatic renewal. Each subscription renews automatically at the end of each billing period for a further period of the same length, at the then-current price for the Plan, unless you cancel before the renewal date. By subscribing, you authorise us and Stripe to charge your payment method at the start of each billing period until you cancel.
3.3 Indian cards and e-mandates. Recurring charges on cards issued in India are processed under the Reserve Bank of India's framework for e-mandates on recurring transactions. You may receive a pre-debit notification before each charge, and charges above the limit set by the Reserve Bank of India may require additional authentication. If a mandate is not registered, is withdrawn or is not authenticated, the charge is treated as a failed payment under section 9.
3.4 Free trials. A free trial, such as the 7-day trial of the Early plan, does not require a payment card and does not renew into a paid subscription unless you choose a Plan and add a payment method. No cancellation is needed at the end of a trial.
4. How to cancel
4.1 Methods. You may cancel a subscription at any time by either of these methods:
(a) from the billing settings of your GeniOS account, by choosing to cancel your Plan; or
(b) by writing to hello@thegenios.com from the email address of the account owner or an administrator, stating the account and the Plan you wish to cancel.
4.2 Who may cancel. Only the account owner or an administrator may cancel a subscription. We may ask for verification before acting on a cancellation request received by email.
4.3 Acknowledgement. We will acknowledge each cancellation by email. If you do not receive an acknowledgement within 2 Business Days of a request made by email, please contact us again, as the cancellation may not have been received.
4.4 Acts that are not cancellation. Disconnecting a source, removing Authorised Users, uninstalling an application, ceasing to use the Service, or withdrawing a card mandate with your bank does not by itself cancel a subscription, and does not release you from Fees already due.
5. When cancellation takes effect
5.1 End of the paid period. Cancellation stops future renewals. It takes effect at the end of the billing period you have already paid for, and you keep access to your Plan until then. No further charges are made after cancellation, other than amounts already due.
5.2 After the paid period. When the paid period ends, paid features stop and our access to your connected sources stops. Your data is then handled as set out in the Terms of Service, including the data export window, and in our Privacy Policy.
5.3 Reactivation. You may subscribe again at any time at the then-current price. Data that has been deleted in accordance with our Privacy Policy cannot be restored.
6. Refund eligibility
6.1 First-payment refund. You may obtain a full refund of the first payment for a Plan if all of the following conditions are met:
(a) you request the refund in writing within 7 days after the date of that first payment;
(b) you have not consumed more than 10 per cent of the Credits included in that Plan for the billing period;
(c) the account, or any other account of the same organisation, has not previously received a refund under this section 6.1; and
(d) the account has not been suspended or terminated for breach of the Terms of Service, and we do not reasonably suspect fraud or abuse.
6.2 Plans with unlimited Credits. For a Plan that includes unlimited Credits, a refund under section 6.1 is at our discretion, having regard to the use recorded on the account during the refund window.
6.3 Other refunds. Outside sections 2.3, 6.1 and 11, payments are non-refundable, except where the Terms of Service expressly provide for a refund or Applicable Law requires one.
6.4 Renewals and Order Forms. Section 6.1 does not apply to renewal payments, or to subscriptions under an Order Form for a committed term unless the Order Form provides otherwise.
7. Non-refundable items
Unless this Policy or Applicable Law expressly requires otherwise, the following are not refundable, in whole or in part:
(a) renewal payments, once the renewal date has passed;
(b) any partial billing period, including the remainder of a period after cancellation, downgrade or account closure;
(c) any period during which you did not use the Service, or used it less than you expected;
(d) Credits, whether used or unused, including promotional and service Credits, which have no cash value;
(e) add-ons, additional seats or Agents, onboarding, implementation, setup, training or other professional services, once they have been provided or work on them has begun;
(f) amounts paid at a promotional or discounted price, except under section 6.1;
(g) Fees for any period in which the account was suspended or terminated because of your breach of the Terms of Service or non-payment;
(h) bank charges, currency conversion costs and foreign transaction fees charged by your bank or card issuer; and
(i) amounts you pay to providers of Third-Party Services, connected sources or third-party Agents, which are governed by their own terms.
8. Upgrades and downgrades
8.1 Upgrades. An upgrade to a higher Plan takes effect immediately. You are charged a prorated amount for the remainder of the current billing period, calculated as the difference between the prices of the two Plans for the unused time, and the full price of the new Plan applies from the next billing period.
8.2 Downgrades. A downgrade to a lower Plan takes effect at the start of the next billing period. You keep your current Plan until then. No refund or credit is given for the difference in price.
8.3 Limits on downgrade. If your use exceeds the limits of the lower Plan when the downgrade takes effect, for example in the number of Agents or domain expertise packs, some features or items may be restricted or disabled until your use fits the new Plan. You are responsible for exporting any data you wish to keep before the downgrade takes effect.
8.4 Changing billing interval. Where we offer more than one billing interval, a change of interval takes effect at the start of the next billing period unless we state otherwise at the time of the change.
9. Failed payments and suspension
9.1 Retries and reminders. If a payment fails, Stripe may retry the charge several times over the following days, and we will notify you by email so that you can update your payment method.
9.2 Suspension. If an amount remains unpaid 14 days after its due date, we may suspend paid features until it is paid in full.
9.3 Termination for non-payment. If an amount remains unpaid 30 days after its due date, we may terminate the subscription and the account in accordance with the Terms of Service, after which data is handled under the Terms of Service and the Privacy Policy.
9.4 Amounts remain due. Suspension or termination does not cancel any amount already due. We do not charge a late fee on a failed card payment that is settled during the retry period. Interest under the Terms of Service may apply to invoiced amounts that are overdue and to any amount that remains unpaid after suspension.
9.5 Restoration. We restore suspended features promptly after the outstanding amount is paid in full.
10. Chargebacks and payment disputes
10.1 Contact us first. If you believe a charge is wrong, please write to us before contacting your bank or card issuer. Most billing questions can be resolved directly and faster than through a dispute.
10.2 Effect of a chargeback. If you raise a chargeback or payment dispute, we may suspend the account until the dispute is resolved. We may provide your bank, card issuer and Stripe with information to show that the charge was valid, including records of your acceptance of the Terms of Service, account activity and use of the Service.
10.3 Disputes resolved in our favour. If a chargeback is resolved in our favour, or you raise a chargeback for a charge that was validly made under the Terms of Service, the disputed amount remains payable, together with any dispute or chargeback fee charged to us, and the chargeback is a breach of the Terms of Service for which we may terminate the account.
10.4 No double recovery. You may not obtain both a refund from us and a chargeback for the same payment. If a chargeback is granted, we will not issue a refund for the same amount, and any refund already issued may be reversed or recovered.
11. Service failure and errors
11.1 Billing errors. If you were charged twice, charged an amount other than the correct price, or charged after a valid cancellation took effect, we will refund the amount charged in error in full.
11.2 Reduction of core functionality. If we materially reduce the core functionality of your paid Plan during a billing period you have paid for and do not offer a reasonable alternative, we will refund the Fees for the unused part of that period, as set out in the Terms of Service.
11.3 Service failure. If the Service is materially unavailable to you for a sustained period for reasons within our reasonable control, we may, at our sole discretion, offer a service credit or a partial refund. Service credits are Credits under the Terms of Service and have no cash value. This section does not create a service level, and no credit or refund is due for:
(a) planned or emergency maintenance;
(b) outages, changes or errors in Third-Party Services, connected sources, Agents or Model Providers;
(c) Force Majeure Events as defined in the Terms of Service;
(d) problems caused by your systems, network, devices, configuration or permissions; or
(e) the content or accuracy of any Output.
11.4 Time limit. A request under section 11.3 must be made in writing within 30 days after the event.
11.5 Exclusive remedy. To the extent permitted by Applicable Law, a credit or refund under section 11.3 is your sole and exclusive remedy for the unavailability it relates to, and is subject to the limitation of liability in the Terms of Service.
12. Refund method and timelines
12.1 How to request. To request a refund, write to hello@thegenios.com with your account email, the date and amount of the charge, the payment reference shown on your receipt, and the reason for the request.
12.2 Acknowledgement and decision. We will acknowledge your request within 2 Business Days and tell you our decision within 7 Business Days of receiving all the information we need.
12.3 Method. Approved refunds are made through Stripe to the original payment method. We do not refund in cash, by cheque or to a different card or account, except under section 12.6.
12.4 Timelines. We initiate an approved refund within 5 Business Days of approving it. Your bank or card issuer usually takes a further 5 to 10 Business Days to credit it to your account, and the timing of that credit is outside our control.
12.5 Currency. Refunds are made in the currency of the original charge. The amount credited to you may differ from the amount charged because of exchange rate movements or charges applied by your bank or card issuer, for which we are not responsible.
12.6 Original method unavailable. If the original payment method is no longer available, we may, after verifying your identity, refund to a bank account held in the name of the account owner or the paying organisation.
12.7 Amount. A refund cannot exceed the amount we actually received for the charge, after taking account of section 13.
13. Taxes on refunds
13.1 GST. Where we refund a charge on which goods and services tax ("GST") was charged, we will issue a credit note under section 34 of the Central Goods and Services Tax Act, 2017 and refund the GST component with the base amount, provided the credit note is issued within the time limit in that section. Where Applicable Law does not permit us to adjust the GST already paid, we will refund the base amount only.
13.2 Input tax credit. If you have claimed input tax credit on a charge that is refunded, you are responsible for reversing that credit as Applicable Law requires.
13.3 Tax deducted at source. Where you deducted tax at source from a payment, we will refund the amount we actually received. Any tax deducted and deposited by you will be dealt with as Applicable Law permits, and we may ask you for documents before refunding any amount relating to it.
13.4 Other taxes. Customers outside India are responsible for any adjustment to taxes payable in their own jurisdiction.
14. Changes to this Policy
We may update this Policy from time to time. We will post the updated Policy on this page with a new effective date and, for a material change, notify you by email or through the Service before it takes effect. A change applies to payments made after its effective date and does not reduce any refund for which you had already become eligible.
15. Contact
For questions about cancellation, billing or refunds, write to hello@thegenios.com, or by post to Homians Private Limited, IIIT-Delhi, New Delhi, India, or use our contact page. Complaints about our handling of personal data in billing records may be sent to the Grievance Officer named in our Privacy Policy.