Terms & Conditions
1. Agreement Overview
1.1 Introduction
Welcome to BizGenie, a digital platform designed to empower freelancers, consultants, and skilled service providers by helping them connect with clients, deliver quality services, and grow into independent entrepreneurs. These Terms and Conditions ("Terms") govern your access to and use of the BizGenie platform, including our website, mobile applications, and related services (collectively, the “Platform”).
By accessing or using BizGenie, you agree to be legally bound by these Terms. If you do not agree to all of the following terms, you may not access or use the Platform.
BizGenie is owned and operated by CRUX Canada, a company registered in Ontario, Canada. References to “we”, “our,” or “us” in these Terms refer to CRUX Canada. and its affiliated services under the BizGenie brand.
1.2 Our Mission
At BizGenie, we believe that every skill has the potential to become a business, and every professional has the potential to lead.
We are a platform built to support freelancers, consultants, and skilled service providers in unlocking their full potential. Whether you’re just starting out or looking to grow, BizGenie helps you connect with clients, deliver exceptional work, and evolve into a successful entrepreneur.
Our mission is simple: put our users first. We focus on quality, growth, and empowerment; ensuring that every project delivered builds trust, and every expert gains momentum in their journey toward independent success.
1.3 Agreement to Terms
By creating an account, submitting or responding to a project, or using any part of the Platform, you agree to:
- Comply with these Terms and our Privacy Policy;
- Be responsible for all activities under your account;
- Use the Platform in accordance with all applicable laws and regulations.
If you are using the Platform on behalf of a business or legal entity, you confirm that you are authorized to bind that entity to these Terms.
2. Definitions
Unless otherwise expressly stated, the following terms shall have the meanings set out below:
2.1 “Platform”
“Platform” refers to BizGenie, the web-based digital marketplace and related services provided by CRUX International through which Users can post, bid on, and manage freelance or skilled services contracts.
2.2 “BizGenie,” “we,” “us,” or “our”
Refers to CRUX International Inc., the legal entity that owns and operates the BizGenie platform.
2.3 “User”
Refers to any individual or entity who registers on the Platform, whether as a Freelancer, Client, or Service Provider.
2.4 “Freelancer”
Refers to any registered User who offers professional services (such as digital marketing, software development, design, etc.) through the Platform.
2.5 “Service Provider”
Refers to any registered User offering skilled trades or services (e.g., plumbing, HVAC, electrical work, landscaping, etc.) through the Platform.
2.6 “Client”
Refers to any registered User or organization that posts a contract or job on the Platform to hire Freelancers or Service Providers.
2.7 “Contract”
Refers to any agreed-upon work engagement between a Client and one or more Freelancers or Service Providers facilitated through the Platform.
2.8 “Collaboration”
Refers to a feature on the Platform that enables multiple Freelancers or Service Providers to form a team and jointly submit a bid for a single Contract. Payment is only released if all collaborators successfully complete their assigned portions.
2.9 “Bid”
Refers to a formal submission by a Freelancer or Service Provider (or a group via Collaboration) in response to a posted Contract, outlining deliverables, timelines, and compensation.
2.10 “Fees”
Refers to the service charges and payment processing costs deducted by BizGenie or its authorized payment processors from transactions facilitated on the Platform.
2.11 “Dispute”
Refers to any disagreement or conflict between Users (e.g., between Client and Freelancer) regarding the execution, completion, or payment of a Contract.
2.12 “Third-Party Processor”
Refers to any external service provider authorized by BizGenie to process payments, perform identity verification, or provide analytics and infrastructure support.
2.13 “Content”
Refers to any information, files, communication, reviews, proposals, or material posted or transmitted via the Platform by Users or BizGenie.
2.14 “Terms” or “Terms & Conditions”
Refers to this legally binding agreement governing the use of the Platform.
2.15 “Applicable Law”
Refers to all laws, regulations, and rules applicable to BizGenie, including but not limited to those in Canada.
3. User Eligibility
Minimum Age Requirement
You must be at least 18 years old or the legal age of majority in your jurisdiction, whichever is greater. By registering or using the Platform, you represent and warrant that you meet this requirement.
Legal Capacity
You must have the legal capacity to enter into binding contracts. If you are accessing or using the Platform on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
Compliance with Laws
You must comply with all applicable local, national, and international laws and regulations when using the Platform. This includes, but is not limited to, labor laws, tax obligations, and service-related certifications or licenses.
Prohibited Jurisdictions
BizGenie is a global platform; however, access may be restricted in jurisdictions where operation would conflict with applicable laws, international sanctions, financial regulations, or compliance requirements. BizGenie reserves the right to decline registration, suspend functionality, or bar access from any user or region at its sole discretion.
Platform-Specific Restrictions
BizGenie may, at its sole discretion, limit or restrict access to certain features, services, or sections of the Platform based on a user's profile, location, skill category, or platform performance history.
4. Account Registration and Responsibilities
4.1 Account Creation
To access the full features of the BizGenie Platform, Users must register for an account by providing accurate, complete, and up-to-date information. Users agree to:
- Create only one account per individual or business;
- Maintain the confidentiality of their login credentials;
- Promptly update any information that becomes inaccurate or outdated.
BizGenie reserves the right to refuse registration or to suspend or terminate an account at its sole discretion, especially in cases of suspected fraud, impersonation, or misuse.
4.2 Account Types
BizGenie supports two main account types:
- Client Accounts, for individuals or companies seeking to hire talent;
- Expert Accounts, for freelancers, consultants, and skilled service providers offering their services.
Additional account roles or features may be introduced and defined in separate policies or platform updates.
4.3 User Responsibilities
- Use the Platform for lawful purposes only;
- Not impersonate any person or entity;
- Not upload false, misleading, defamatory, or otherwise harmful content;
- Respect the rights of other users, including intellectual property and personal data;
- Conduct themselves professionally in all communications and transactions.
4.4 Security and Access
Users are responsible for maintaining the security of their account. BizGenie is not liable for any loss or damage arising from unauthorized access due to user negligence (e.g., sharing passwords or using weak credentials).
If you suspect any unauthorized access or breach of security, you must notify BizGenie immediately at support@bizgenie.ca.
5. Platform Usage and Conduct
5.1 Acceptable Use
Users agree to use the BizGenie Platform only for lawful, professional, and constructive purposes. This includes, but is not limited to:
- Posting or responding to genuine service requests;
- Communicating respectfully and truthfully;
- Completing work and processing payments through the platform;
- Respecting community standards and platform integrity.
5.2 Prohibited Conduct
Users must not:
- Use the Platform for any fraudulent, abusive, or illegal activity;
- Post or transmit content that is false, misleading, defamatory, harassing, obscene, or offensive;
- Infringe upon the intellectual property, privacy, or rights of any other user or third party;
- Attempt to circumvent the platform’s fee structure or conduct off-platform transactions for projects initiated through BizGenie;
- Use automated systems (bots, scrapers, crawlers) to access the Platform without written consent;
- Upload malware, viruses, or harmful code intended to disrupt or damage the Platform or its users;
- Solicit or promote pyramid schemes, political campaigns, or unrelated third-party advertising.
5.3 Off-Platform Communication
To protect users and ensure accountability, BizGenie encourages all communication and transactions to remain on the Platform. Users found attempting to bypass the platform’s messaging or payment systems may be suspended or permanently removed.
5.4 Platform Monitoring and Enforcement
BizGenie reserves the right to:
- Monitor content and communications posted through the Platform;
- Investigate complaints, suspected violations, or suspicious behavior;
- Suspend or terminate accounts found in breach of these Terms;
- Take legal action against users engaging in prohibited or illegal conduct.
5.5 Reporting Misconduct
Users are encouraged to report any misconduct, abuse, or violation of these Terms through the reporting tools available on the Platform or by contacting support@bizgenie.ca.
6. Collaborations
The term “Collaboration” is defined in Section 2 of this Agreement.
BizGenie enables multiple Expert users to team up through its unique Collaboration feature, allowing them to submit joint proposals and deliver integrated services for client contracts. This structure supports multidisciplinary projects by promoting teamwork, accountability, and shared success.
6.1 Formation of Collaboration
- Any registered Expert may invite other Experts on the Platform to form a Collaboration before submitting a proposal.
- Each member of the Collaboration must accept the invitation and agree to the proposed task roles, income shares, and delivery timeline before the bid is submitted.
- The Collaboration will be treated as a single bidding entity during the evaluation process.
6.2 Shared Responsibility
All members of the Collaboration share full responsibility for successful and timely completion of the contract.
If any member fails to complete their assigned deliverables, it may jeopardize payment for the entire group.
Partial delivery or disputes between members do not entitle the group to partial payment. Payments are only disbursed upon full and satisfactory completion of the contract, as confirmed by the client.
6.3 Payment Distribution
Upon successful completion of the project and approval by the client, payment is released by BizGenie and distributed to each member based on their pre-agreed share, after applicable fees.
BizGenie is not responsible for resolving internal disputes over share allocations or deliverables post-disbursement.
6.4 Risk Acceptance
By forming or joining a Collaboration, each member acknowledges and accepts:
- The collective risk associated with shared performance and payment dependency;
- The need to manage internal communication, accountability, and quality assurance;
- That any misconduct, non-delivery, or violation by one member may affect the entire group’s payment and platform standing.
6.5 Platform Enforcement
BizGenie may monitor Collaborations and suspend or dissolve groups found to be abusing the system, engaging in misconduct, or circumventing platform rules.
Repeated failures or disputes within Collaborations may affect individual user reputations and eligibility for future group bids.
7. Payments and Fees
BizGenie enables secure transactions between Clients and Experts through authorized third-party payment processors. This section outlines the general framework for how payments are processed, how fees apply, and what responsibilities users hold.
7.1 Payment Flow
- Upon bid acceptance, the total project amount is charged and held securely by a third-party payment processor until work is completed and approved.
- BizGenie collects platform and processing fees at the time of bid acceptance. These fees support platform maintenance, operational infrastructure, and secure transaction handling.
- The remaining balance is held in escrow and released to the Expert after successful delivery and client approval.
- In the case of Collaboration bids, payouts are distributed among members according to pre-agreed terms.
7.2 Taxes on Platform Fees (Canada Only)
- Clients located in Canada are subject to applicable GST/HST on BizGenie’s service fee.
- Clients outside Canada are not charged Canadian tax under current laws.
- The applicable tax is calculated and displayed in the invoice provided to the Client.
7.3 Cross-Border Transactions and Currency Exchange
When transactions involve different currencies or international transfers, additional fees such as cross-border charges or currency conversion may apply.
These costs are included in the overall processing structure and are not shown as separate line items.
Final payout amounts to Experts may be adjusted to account for such fees, based on their location and payout method.
7.4 Expert Earnings and Tax Responsibility
Experts are solely responsible for determining and meeting their tax obligations in accordance with their country’s laws.
BizGenie does not collect or remit taxes on behalf of Experts.
Experts may include applicable taxes in their proposed contract value when submitting bids.
7.5 Currency, Payouts, and Local Banking Fees
Clients may select their preferred payment currency during contract initiation.
Experts receive funds in their local currency where supported. Currency conversion and local banking charges may apply.
Any such fees are the responsibility of the Expert and may impact the final payout amount.
7.6 Refunds and Cancellations
Refund requests may be submitted by the Client prior to project completion. BizGenie reserves the right to issue full or partial refunds based on internal review.
Service fees are non-refundable once a bid has been accepted, even if a project is later canceled or refunded.
Processing costs incurred by third-party payment providers are also non-refundable.
7.7 Off-Platform Payment Policy
All payments must be conducted through BizGenie’s authorized channels. Off-platform payments are strictly prohibited.
Any attempts to circumvent the payment system may result in account suspension or termination without notice.
7.8 Pricing Policy
Detailed information on current platform fees, processing charges, and payout schedules is available on the BizGenie Pricing page.
BizGenie reserves the right to update its pricing at any time. Continued use of the platform implies acceptance of the most recent pricing terms.
8. Dispute Resolution
At BizGenie, we strive to create a fair and transparent environment where Clients and Experts can collaborate with confidence. However, we recognize that disputes may arise. This section outlines how such disputes are addressed and resolved.
8.1 General Principles
Clients and Experts are encouraged to communicate directly and promptly to resolve misunderstandings or concerns before escalating to formal dispute processes.
Disputes may include, but are not limited to: non-delivery of services, unsatisfactory work, missed deadlines, or disagreements over project scope and payment.
8.2 Dispute Submission Process
If the parties cannot resolve the matter privately, either party may submit a dispute request through the BizGenie platform within 5 calendar days of project completion or cancellation.
The request must include clear evidence, including communication logs, files submitted, and any agreed-upon contract terms.
8.3 Internal Review by BizGenie
Upon receiving a dispute, BizGenie will initiate an internal review. This includes:
- Reviewing submitted evidence
- Reviewing platform activity and communication
- Contacting both parties if clarification is needed
BizGenie aims to provide a resolution within 10 business days, but this may vary depending on the complexity of the case.
8.4 Possible Outcomes
- Full payment to the Expert
- Partial payment to the Expert
- Full or partial refund to the Client
- Cancellation of the contract without payment to either party (e.g., in cases of mutual fault or insufficient evidence)
BizGenie’s decision in such matters is final and binding, as agreed upon in these Terms of Use.
8.5 Preferred Forum and Limitation of Legal Claims
By using BizGenie, you agree to first attempt to resolve all disputes related to contracts, payments, or project outcomes through BizGenie’s internal resolution process in good faith.
Users acknowledge that BizGenie is not a party to the service contract between Clients and Experts, and acts solely as a facilitating platform. BizGenie will make a good-faith determination based on evidence provided, and its decision shall be considered final within the platform.
Users further agree that no legal claim may be brought against BizGenie for actions or decisions taken in connection with its internal dispute process, unless required by applicable law.
While users retain their legal rights under applicable jurisdictional laws, any external legal action must respect the platform’s Terms, and may not bypass the agreed platform rules or attempt to hold BizGenie liable for the actions of other users.
8.6 Abuse of Dispute Mechanism
Users who repeatedly misuse the dispute process to harass, delay payments, or retaliate against others may face:
- Account suspension
- Loss of platform privileges
- Permanent ban from BizGenie
9. User Conduct
To maintain a trustworthy and collaborative community, all users of BizGenie; including Clients, Experts, and Collaborators must adhere to the following standards of conduct:
9.1 General Expectations
By using BizGenie, you agree to:
- Act honestly, professionally, and respectfully in all interactions
- Comply with all applicable local, national, and international laws
- Represent your skills, experience, and qualifications truthfully
- Deliver and receive work in accordance with the agreed terms of each contract
9.2 Prohibited Conduct
The following activities are strictly prohibited on BizGenie:
- Fraudulent Behavior: Misrepresenting identity, qualifications, or work; submitting plagiarized or AI-generated work without disclosure
- Abuse and Harassment: Sending abusive, threatening, or discriminatory messages; engaging in intimidation, defamation, or personal attacks
- Platform Circumvention: Attempting to bypass the platform to avoid service fees, including moving communication or payments off-platform after a contract has been initiated
- Spam and Self-Promotion: Posting unsolicited advertising, promotional materials, or irrelevant content in messages, bids, or user profiles
- Violation of Intellectual Property: Uploading, sharing, or delivering work that infringes on third-party copyrights, trademarks, or patents
- Harmful Software or Files: Transmitting viruses, malware, or any file designed to harm another user or system
9.3 Collaboration Conduct
For Experts using the Collaboration feature, you agree to:
- Communicate clearly with collaborators before and during the project
- Fulfill your assigned responsibilities as agreed in the collaboration contract
- Accept the shared risk model: failure by one member to complete their portion may result in loss of payment for all
9.4 Reporting and Enforcement
Users may report misconduct or violations through the platform’s support channels. BizGenie reserves the right to take one or more of the following actions, depending on the severity of the violation:
- Issue warnings or notices
- Temporarily suspend account access
- Permanently ban accounts from the platform
- Withhold or reverse payments where fraud or misconduct is proven
9.5 No Tolerance for Illegal Use
BizGenie strictly prohibits the use of its platform for any illegal, harmful, or exploitative activities, including but not limited to:
- Human trafficking or exploitation
- Money laundering or terrorist financing
- Solicitation of or participation in unlawful labor
Any such use will result in immediate termination and may be reported to relevant legal authorities.
10. Intellectual Property
This section governs the ownership and use of content and materials shared on or through the BizGenie platform, including user-created content, platform content, and any work products exchanged through the service.
10.1 Ownership of Work Product
All deliverables or completed work ("Work Product") created by an Expert and delivered to a Client through BizGenie shall be deemed the intellectual property of the Client, provided that:
- Full payment has been made by the Client; and
- No dispute is pending related to the project.
Until full payment is received, the Expert retains full intellectual property rights over the Work Product.
In the case of Collaborations, intellectual property rights are transferred as above, with each collaborator agreeing to waive individual ownership claims once the full project is completed and paid for.
10.2 User-Generated Content
Users may upload content such as profile descriptions, portfolios, images, case studies, or reviews ("User Content").
By uploading or posting User Content on BizGenie, you:
- Represent that you own or have the rights to publish such content.
- Grant BizGenie a non-exclusive, royalty-free, worldwide license to use, display, and distribute the content solely for platform-related purposes (e.g., marketing, platform listings, promotional content).
- Agree that BizGenie may retain copies for backup, legal compliance, or archival purposes.
10.3 Platform Content
All content created by BizGenie or on behalf of BizGenie; including platform designs, logos, text, tools, scripts, and software, remains the exclusive intellectual property of BizGenie or its licensors.
You may not copy, reproduce, republish, or reverse-engineer any aspect of the platform without prior written consent.
10.4 Infringement Claims
BizGenie respects the intellectual property rights of others. If you believe your copyright or trademark has been infringed by a user on our platform, please contact us immediately with supporting documentation.
Verified claims may result in removal of the infringing content and/or disciplinary action against the offending account.
11. Privacy and Data Use
BizGenie is committed to protecting the privacy of its users and maintaining the confidentiality of their data. By using the platform, you consent to the collection, use, storage, and sharing of your information as outlined below.
11.1 Data Collection
We collect personal and professional information necessary for account creation, identity verification, project engagement, communication, and platform functionality. This may include your name, contact information, skills, project history, and relevant documents.
11.2 Use of Data
BizGenie uses collected data to:
- Operate and improve the platform
- Facilitate communication between users
- Process payments through third-party processors
- Prevent fraud and ensure platform security
- Offer support and dispute resolution
- Comply with legal and regulatory obligations
We do not sell your personal data to third parties.
11.3 Sharing with Third Parties
We may share data with:
- Payment processors to facilitate secure transactions
- Service providers who assist with platform operations (e.g., analytics, hosting, support)
- Legal or regulatory bodies where required by law or in connection with an investigation
All third parties are required to comply with appropriate data protection standards.
11.4 User Control and Access
You may access, update, or delete your account information at any time through your dashboard. Certain data may be retained in backups or system logs for a limited time. If you wish to delete your account, refer to Section 12.3.
11.5 Data Retention
BizGenie retains user data only for as long as necessary to fulfill service obligations, comply with legal requirements, and support the resolution of any disputes. Specifically:
- User account information, contract history, and communications may be retained to ensure continuity of service and maintain a record of platform activity.
- Financial transaction records (excluding sensitive banking or card information) may be retained in accordance with applicable laws and requirements set by relevant tax authorities or regulatory bodies, which may require businesses to retain certain records for a defined period.
- Sensitive financial data and identity verification (such as card details, government ID, or bank account information) are not stored or processed by BizGenie but are handled by third-party payment processors responsible for compliance with KYC (Know Your Customer), AML (Anti-Money Laundering), and other financial regulations.
Users may request the deletion of their personal data, but BizGenie may be legally required to retain certain information for compliance or legitimate business purposes.
12. Account Suspension and Termination
BizGenie reserves the right to suspend, restrict, or terminate accounts to protect the integrity of the platform, comply with legal obligations, and ensure user safety.
12.1 Grounds for Suspension or Termination
An account may be suspended or terminated if BizGenie determines, at its sole discretion, that the user has:
- Violated these Terms & Conditions or any other platform policies
- Provided false, misleading, or incomplete information
- Engaged in fraudulent, abusive, or deceptive activity
- Failed to deliver contracted work or payments without valid cause
- Created multiple accounts to circumvent platform rules or fees
- Engaged in harassment, discrimination, or unlawful behavior toward other users or BizGenie staff
- Attempted to manipulate reviews, bids, or project outcomes
- Used the platform for illegal activities or in prohibited jurisdictions
12.2 Effects of Suspension or Termination
Suspension: Access to certain platform features (e.g., bidding, posting jobs, withdrawals) may be temporarily disabled while the issue is reviewed.
Termination: All access to the account is permanently revoked, and remaining funds (if any) will be handled in accordance with Section 7 (Payments).
Ongoing projects may be cancelled, and in-progress funds may be refunded to the Client or held in escrow pending dispute resolution.
Users with terminated accounts may not create a new account without prior written consent from BizGenie.
12.3 Voluntary Account Closure
Users may request to close their accounts at any time. However:
- Any open contracts must be completed or cancelled
- Any disputes must be resolved
- BizGenie may retain necessary data as outlined in Section 11 (Privacy and Data Use)
12.4 No Liability for Suspension or Termination
BizGenie is not liable for any losses, reputational harm, or missed opportunities resulting from suspension or termination, provided the action was taken in accordance with these Terms.
13. Disclaimers and Limitation of Liability
13.1 Platform as a Neutral Marketplace
BizGenie is a technology platform that facilitates connections between independent freelancers, skilled service providers, and clients. We do not employ or manage these individuals or entities, nor do we supervise, direct, or control the work performed. BizGenie does not vet, endorse, or guarantee any user, service, or outcome.
All contracts are entered into directly between users. BizGenie is not a party to these contracts and assumes no responsibility for their execution, enforceability, or results.
13.2 No Professional Advice
Content available on or through the platform; including profiles, blogs, or support materials — is for informational purposes only and does not constitute professional, legal, financial, or business advice. You should consult appropriate professionals for advice tailored to your specific needs.
13.3 No Guarantee of Results or Income
BizGenie does not guarantee that users will find work, earn income, or achieve professional success through the platform. Outcomes are based on multiple factors including user effort, competition, market demand, and client selection. BizGenie bears no responsibility for unmet expectations, failed contracts, or unawarded bids.
13.4 Service Interruptions and Limitations
We strive to keep the platform functional and accessible, but BizGenie does not guarantee continuous, error-free, or secure access. Service may be temporarily unavailable due to maintenance, updates, system errors, cyberattacks, force majeure events, or factors beyond our control.
BizGenie disclaims all liability for any direct or indirect losses caused by:
- Service downtime or unavailability
- Loss of data or corruption
- Unauthorized access or use of platform accounts
13.5 Third-Party Services
The platform integrates with third-party service providers, including payment processors, hosting services, communication tools, and analytics providers. BizGenie does not control these third parties and is not responsible for their conduct, service levels, security practices, or data handling. Use of such services is subject to their own terms and policies.
13.6 User Risk and Responsibility
By using the platform, you acknowledge and accept the following:
- You are solely responsible for selecting collaborators, entering into contracts, and managing relationships.
- You assume all risk arising from reliance on information provided by other users.
- You understand that BizGenie does not guarantee that other users are who they claim to be or that they will perform as agreed.
13.7 Limitation of Liability
To the fullest extent permitted by law, BizGenie, CRUX, their affiliates, directors, officers, employees, agents, and licensors shall not be liable for any:
- Lost profits, data, business, or opportunities
- Indirect, incidental, punitive, special, or consequential damages
- Damages arising out of contract, tort (including negligence), or any other legal theory
This limitation applies even if BizGenie was advised of the possibility of such damages.
Total liability for any claim shall not exceed the total amount of service fees paid by you to BizGenie in the three (3) months preceding the event giving rise to the claim.
13.8 Indemnification
You agree to defend, indemnify, and hold harmless BizGenie, CRUX, and their affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses; including legal fees — arising out of or related to:
- Your use or misuse of the platform
- Your violation of these Terms
- Your infringement of any rights of a third party
- Any dispute or interaction between you and another user
14. Intellectual Property
14.1 Platform Ownership
All content, features, and functionality on the BizGenie platform; including but not limited to text, graphics, logos, icons, images, audio clips, software, source code, and design elements — are the exclusive property of BizGenie, CRUX, or its licensors. These are protected by copyright, trademark, and other intellectual property laws in Canada and internationally.
Users may not copy, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or use any part of the platform’s content without prior written consent from BizGenie.
14.2 Trademarks
The BizGenie name, logo, slogans, taglines, and any related brand elements are registered or unregistered trademarks of CRUX or its affiliates. Unauthorized use of these trademarks is strictly prohibited and may result in legal action.
14.3 User-Generated Content
By uploading, posting, or submitting content to the platform (including but not limited to profiles, portfolios, proposals, comments, and messages), you grant BizGenie a non-exclusive, worldwide, royalty-free license to use, host, display, and reproduce such content solely for the purpose of operating and promoting the platform.
You retain ownership of your content, but you acknowledge that:
- You have the necessary rights to grant the above license.
- Your content does not infringe the intellectual property rights of others.
BizGenie reserves the right to remove or disable any content that, in its sole discretion, violates these Terms or applicable law.
14.4 Client and Freelancer Rights
BizGenie does not claim ownership over the intellectual property created by freelancers while fulfilling contracts. The ownership of work deliverables (e.g., code, designs, documents) shall be governed by the terms of the individual contract between the freelancer and the client.
Unless otherwise agreed between the parties:
- All intellectual property rights in deliverables shall transfer to the client upon full payment.
- Freelancers may retain a copy of their work for portfolio purposes, unless restricted by contract.
14.5 Infringement Claims
If you believe that your intellectual property rights have been violated on the BizGenie platform, please contact us at support@bizgenie.ca with the following:
- A description of the work being infringed
- The URL or specific location of the allegedly infringing content
- Your contact information and signature
- A statement affirming your good faith belief that use of the material is unauthorized
We will investigate all claims and take appropriate action, which may include removal of the content or suspension of the user account.
15. Termination
15.1 Termination by User
You may terminate your account at any time by following the account deletion procedures within your user settings or by contacting support@bizgenie.ca. Upon termination:
- You will lose access to your account and associated data.
- Any active bids, ongoing contracts, or pending payouts will be canceled, subject to applicable refund or payment processing rules.
- Termination does not relieve you of any outstanding obligations or fees owed to BizGenie.
15.2 Termination by BizGenie
BizGenie may, at its sole discretion, suspend or terminate your account without prior notice if:
- You breach any provision of these Terms or any other applicable policies;
- You engage in fraudulent, abusive, or illegal activity;
- Your behavior threatens the integrity or reputation of the platform or its users;
- Required by law or regulatory authority.
BizGenie reserves the right to refuse future access to the platform to users whose accounts have been terminated for cause.
15.3 Effect of Termination
Upon termination by either party:
- All licenses granted under these Terms shall immediately end.
- BizGenie may retain certain information (such as financial records or dispute history) as required by law or for legitimate business purposes (see Section 11 on Data Retention).
- BizGenie is not obligated to return or preserve any content, bids, or messages unless required by applicable law.
15.4 No Liability
BizGenie shall not be liable to you or any third party for any damages resulting from termination or suspension of your account in accordance with these Terms.
16. Modifications and Updates
16.1 Changes to the Terms
BizGenie reserves the right to modify, amend, or update these Terms & Conditions at any time, with or without prior notice, at its sole discretion. When changes are made:
- The revised Terms will be posted on the platform with an updated “Last Updated” date.
- Users are responsible for reviewing the Terms periodically to stay informed.
- Continued use of the platform after the revised Terms are posted constitutes your acceptance of the changes. In the case of material changes that may significantly affect user rights or obligations, BizGenie may, at its discretion, require users to explicitly accept the updated Terms in order to continue using the platform.
If you do not agree with the updated Terms, you must stop using the platform and terminate your account.
16.2 Platform Updates
BizGenie may, from time to time, introduce enhancements, features, or changes to the platform:
- These may include bug fixes, security updates, interface redesigns, or functionality improvements.
- Certain updates may be mandatory in order to continue using the platform or specific services.
BizGenie is not liable for any loss or inconvenience resulting from such updates, provided that they do not violate your legal rights.
17. Disclaimer of Warranties
17.1 As-Is Basis
The BizGenie platform and all services, content, tools, and materials provided through it are offered on an “as-is” and “as-available” basis. BizGenie makes no representations or warranties of any kind, express or implied, regarding:
- The accuracy, completeness, or reliability of any content or information;
- The availability, functionality, or uninterrupted access to the platform;
- The results that may be obtained from use of the platform;
- The conduct, reliability, or performance of any user, freelancer, client, or third-party service.
17.2 No Implied Warranties
To the fullest extent permitted by applicable law, BizGenie disclaims all warranties, express or implied, including but not limited to:
- Implied warranties of merchantability;
- Fitness for a particular purpose;
- Non-infringement;
- Any warranties arising out of course of dealing or usage of trade.
17.3 User Risk
Your use of the platform is at your sole risk. You acknowledge and agree that:
- BizGenie does not guarantee any specific outcomes or business results from use of the platform;
- BizGenie does not vet or guarantee the qualifications or performance of any user;
- Any interactions, contracts, or agreements between users are solely at their own discretion and responsibility.
18. Indemnification
You agree to indemnify, defend, and hold harmless BizGenie, its parent company CRUX, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, expenses, or costs (including reasonable legal fees) arising out of or relating to:
- Your use or misuse of the platform;
- Any breach of these Terms & Conditions or other policies by you;
- Your violation of any applicable law or third-party rights, including intellectual property, privacy, or contractual rights;
- Any content you post, share, or transmit through the platform;
- Your failure to fulfill obligations in any contract or agreement formed on the platform;
- Any dispute between you and another user (client, freelancer, or service provider).
BizGenie reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you agree to cooperate fully with BizGenie in asserting any available defenses.
19. Governing Law and Jurisdiction
19.1 Governing Law
These Terms & Conditions, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.
19.2 Jurisdiction
You agree that any legal proceedings relating to your use of the platform or to these Terms & Conditions must be brought exclusively in the courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts.
19.3 International Users
If you access or use the platform from outside Canada, you are responsible for compliance with all local laws. Your use of the platform may be restricted or prohibited in some jurisdictions.
20. General Provisions
20.1 Entire Agreement
These Terms & Conditions, along with our Privacy Policy and any additional agreements you may enter into with BizGenie, constitute the entire agreement between you and BizGenie concerning your use of the platform and supersede all prior agreements, understandings, or representations.
20.2 No Waiver
Failure by BizGenie to enforce any provision of these Terms shall not be deemed a waiver of our right to enforce such provision in the future or any other provision.
20.3 Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remainder shall remain in full force and effect. The invalid or unenforceable portion shall be interpreted in a way that most closely reflects the original intent of the parties.
20.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without BizGenie’s prior written consent. BizGenie may assign or transfer its rights and obligations without restriction.
20.5 Force Majeure
BizGenie shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, wars, terrorism, labor strikes, internet or utility failures, or government actions.
20.6 Relationship of Parties
Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and BizGenie. You act as an independent party.
21. DMCA and Copyright Policy
21.1 Respect for Intellectual Property
BizGenie respects the intellectual property rights of others and requires all users to do the same. It is BizGenie’s policy to, in appropriate circumstances and at its sole discretion, suspend or terminate the accounts of users who are found to be repeat infringers or who repeatedly submit false infringement claims.
21.2 Copyright Infringement Claims
If you believe that any material available on or through the Platform infringes your copyright, you may file a written notice with our designated Copyright Agent in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. Your notice must include:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved;
- Identification of the material claimed to be infringing, with sufficient detail to enable us to locate it on the Platform;
- Contact information for you, including your name, mailing address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
21.3 Designated Copyright Agent
All DMCA notices must be sent to:
Copyright Agent – BizGenie
Email: support@bizgenie.ca
21.4 Counter-Notification
If you believe that your content was removed or disabled as a result of a mistake or misidentification, you may file a counter-notification. Your counter-notice must include:
- Your physical or electronic signature;
- Identification of the content that was removed or to which access was disabled, and the location where it appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled due to mistake or misidentification;
- Your name, mailing address, telephone number, and email address; and
- A statement that you consent to the jurisdiction of the courts located in Ontario, Canada, and that you will accept service of process from the person who provided the original DMCA notice or their agent.
21.5 BizGenie’s Role and Limitation of Liability
BizGenie acts solely as a service provider and is not responsible for pre-screening content for potential infringement. We will process DMCA notices and counter-notices in compliance with applicable laws but make no guarantee that removal or restoration of content will be immediate.
We are not liable for any damages resulting from the removal, disabling, or non-removal of any material, whether or not a DMCA notice is valid. Filing a knowingly false or misleading notice or counter-notice may result in account termination and potential legal liability.
21.6 Abuse of Process
Users who abuse the DMCA process; including by making false infringement claims, automated mass submissions, or bad-faith notices — may be subject to legal action, platform bans, and liability for damages, including costs and attorney’s fees.