Terms & Conditions

GEMINI PLUS – TERMS OF USE

Redline vs. Current Terms (Investor‑Ready Additions)

Legend
[NEW] = new language to be inserted
No strike-throughs are required; this is an additive redline.

1. NEW SECTION: User Content; License Grant;
Feedback

Current Terms (excerpt)
Your Terms reference “user submissions” only in liability and indemnity contexts and do not define ownership or a license framework.

[NEW – Insert after “THIRD-PARTY CONTENT” or before “Platform Access”]

USER CONTENT; LICENSE GRANT; FEEDBACK
User Content. You retain any ownership rights you have in content, data, prompts, files, materials, or other information you submit, upload, transmit, or otherwise make available through the Platform (“User Content”).
License Grant. You grant Gemini Plus a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, process, adapt, modify (for technical purposes such as formatting), display, and distribute your User Content solely to (a) provide, operate, maintain, and improve the Platform; (b) prevent or address service, security, or technical issues; and (c) comply with applicable law. If you elect to share User Content publicly or with other users through Platform features, you grant Gemini Plus the right to display and distribute that User Content as necessary to provide those features.
Feedback. If you provide suggestions, ideas, or feedback regarding the Platform (“Feedback”), you grant Gemini Plus a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback without compensation or attribution.

Why investors care: establishes clean IP chain of title and operational rights without claiming ownership.

2. NEW SECTION: AI Features – Inputs, Outputs, and Training (Option B)

Current Terms
Your current Terms contain no AI‑specific disclosures.

[NEW – Insert as standalone section, preferably after User Content]

AI FEATURES
AI Features. Certain features of the Platform may use artificial intelligence or machine learning (“AI Features”). You may submit prompts, instructions, or other User Content to AI Features (“Inputs”) and receive generated responses (“Outputs”). Outputs may be inaccurate, incomplete, or unsuitable for your purposes and may not reflect Gemini Plus’s views.
Non-Reliance; User Responsibility. You are responsible for evaluating Outputs and determining whether they are appropriate for your use, including by using human review where appropriate. Outputs are provided for informational purposes only and are not legal, medical, financial, safety, or other professional advice.
Training and Improvement. Gemini Plus may use de-identified and aggregated Inputs and Outputs to improve AI Features and the Platform, and will take reasonable measures to remove personal identifiers before such use. Gemini Plus will not intentionally use Inputs or Outputs containing directly identifying personal information for model training.

Chosen posture: ✅ Option B (de‑identified / aggregated training)
Why this works: diligence‑safe, growth‑compatible, and consistent with enterprise expectations.

3. NEW SECTION: Payments, Subscriptions, Auto‑Renewal, Refunds

Current Terms (excerpt)
Your Terms note that “products are sold to adults” and reference third‑party fees, but do not define billing, renewal, or refunds.

[NEW – Insert after “YOUR ACCOUNT” or near app/payment language]

PAID SERVICES; BILLING; AUTO-RENEWAL; REFUNDS
Paid Services. Certain features of the Platform may require payment (“Paid Services”). You authorize Gemini Plus and its payment processors to charge your payment method for all fees, taxes, and other amounts due.
Subscriptions; Auto-Renewal. If you purchase a subscription, it will automatically renew for successive billing periods at the then-current rate unless you cancel before renewal.
Cancellation; Refunds. You may cancel through your account settings or other method provided at purchase. Cancellation takes effect at the end of the current billing period unless stated otherwise. Fees are non-refundable except as required by law or as expressly stated at the time of purchase.
Trials and Promotions. If you enroll in a free trial or promotion, you will be charged the applicable fee when the trial or promotion ends unless you cancel before it ends.

Why investors care: revenue enforceability + consumer protection hygiene.

4. NEW SECTION: Copyright; DMCA Notice-and-Takedown

Current Terms
Your Terms prohibit copyright infringement but do not provide a DMCA process or agent.

[NEW – Insert near content/user sections]

COPYRIGHT; DMCA NOTICE-AND-TAKEDOWN
DMCA Policy. Gemini Plus respects intellectual property rights and will respond to notices of alleged copyright infringement in accordance with applicable law. If you believe content on the Platform infringes your copyright, please send a notice to Gemini Plus’s designated agent at:
[DMCA Agent Name / Title]
[Address]
[Email]
[Phone]
Repeat Infringers. Gemini Plus may terminate accounts of users who are repeat infringers in appropriate circumstances.

Why investors care: preserves statutory safe‑harbor protections.

5. NEW SECTION: Export Controls and Sanctions

Current Terms
Your Terms require compliance with local law but do not address sanctions or export controls.

[NEW – Insert near Miscellaneous]

EXPORT CONTROLS AND SANCTIONS
You may not use or access the Platform if you are located in a country or region subject to comprehensive sanctions, listed on a restricted party list, or otherwise prohibited under applicable export control or sanctions laws. You agree not to export, re-export, or transfer the Platform in violation of such laws.

Why investors care: baseline regulatory hygiene for SaaS/AI companies.

6. NEW SECTION: Termination; Effect of Termination

Current Terms (excerpt)
You reserve the right to terminate accounts, but do not define post‑termination effects.

[NEW – Insert after termination rights]

TERMINATION; EFFECT OF TERMINATION
Upon termination or suspension of your account, your right to access the Platform will cease immediately. Gemini Plus may delete or retain User Content in accordance with its Privacy Policy and applicable law. Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

7. OPTIONAL (Strategic): Pre‑Dispute Informal Resolution

Current Terms
Venue and governing law are specified (Ohio / Hamilton County).

[OPTIONAL – Add before Governing Law paragraph]

INFORMAL DISPUTE RESOLUTION
Before filing any claim, you agree to provide Gemini Plus written notice of the dispute and allow thirty (30) days to attempt informal resolution.

(Arbitration can be layered later if desired; this alone already reduces litigation risk.)

Executive Summary (for investors / counsel)

✅ No weakening of limitation of liability, indemnity, or platform control language
✅ Clear IP and AI data posture (Option B selected)
✅ Revenue mechanics enforceable
✅ Regulatory and safe‑harbor gaps closed
✅ Additive, low‑risk amendments suitable for immediate adoption

If you want, I can now:

convert this into a Word‑style redline (.docx),
prepare a one‑page “Why we updated the Terms” memo for investors/board, or
produce a clean final v2 incorporating these inserts verbatim.

Tell me which artifact you want next and I’ll generate it.

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