Terms & Conditions
1. Introduction and Acceptance
These Terms and Conditions (“Terms”) form a legally binding agreement between you (“Client” or “User”) and TheGenX Media (“the Company,” “we,” or “us”), a media technology agency based in Barsha Heights, Dubai, United Arab Emirates.
By visiting our website at thegenxmedia.com, submitting an inquiry, or engaging any of our services, you confirm that you have read and agreed to these Terms in full. If you do not accept these Terms, you should refrain from using our website or services.
These Terms apply across all services and offerings provided by TheGenX Media, including but not limited to programmatic advertising, influencer marketing, gaming and metaverse activations, crypto and NFT marketing, token launch campaigns, audience targeting, sustainability media solutions, travel media, in-taxi advertising through Binary RTA, Chinese audience targeting via YOYI Tech, and branded water solutions through Ourwatr.
2. Services
2.1 Scope of Services
TheGenX Media provides cutting-edge media ad-tech solutions across multiple sectors and industries. The specific scope, deliverables, timelines, and commercials applicable to each engagement will be agreed in writing through a proposal, insertion order, or Statement of Work (SOW) prior to commencement of any work. Such documents shall be read alongside and subject to these Terms.
2.2 Service Delivery
We will use reasonable skill, care, and diligence in delivering services that meet the agreed specifications. All timelines and projections are estimates based on available information at the time of engagement. Where third-party platforms, publishers, or technologies are involved in delivery, their respective terms and technical constraints may affect outcomes, and TheGenX Media shall not be held liable for delays or limitations originating from such third parties.
2.3 Revisions and Amendments
Any revisions to the agreed scope of work must be requested in writing. Amendments that materially alter the deliverables, timeline, or resources required may be subject to revised pricing and timelines, which will be communicated to the Client before implementation.
2.4 Third-Party Platforms and Partners
Certain services offered by TheGenX Media are delivered in partnership with or through third-party platforms, including, but not limited to, Roblox, YOYI Tech, Binary RTA, and programmatic advertising networks. TheGenX Media facilitates access to these platforms on the Client’s behalf and cannot guarantee outcomes that fall outside our direct control. Clients acknowledge that use of third-party platforms is subject to the respective platform’s own terms of use.
3. Client Responsibilities
To facilitate the timely and effective delivery of services, the Client agrees to:
Provide accurate, complete, and timely briefs, creative assets, brand materials, and any other inputs required for service delivery
Appoint a dedicated point of contact with the appropriate authority to approve work and make decisions on behalf of the Client organization
Ensure that all materials submitted to TheGenX Media (including images, copy, logos, and video content) are owned by or properly licensed to the Client, and do not infringe upon any third-party intellectual property, privacy, or other legal rights
Obtain all necessary regulatory approvals, licenses, and consents relevant to the subject matter of the campaign or content, including where campaigns relate to financial products, crypto assets, NFTs, or regulated industries
Comply with all applicable laws and advertising standards in the UAE and any other jurisdiction in which the services are deployed
4. Fees and Payment
4.1 Fees
All fees are as agreed in the signed proposal, insertion order, or SOW. TheGenX Media reserves the right to revise its standard rates periodically, with reasonable advance notice provided to existing clients on retainer arrangements.
4.2 Payment Terms
Unless otherwise agreed in writing, payment terms, including deposit requirements, milestone schedules, and final settlement timelines, will be set out in the relevant proposal or SOW for each engagement. All invoices are payable within the timeframe specified therein.
4.3 Late Payments
TheGenX Media reserves the right to pause or suspend services on any engagement where a payment remains outstanding beyond its due date, without incurring liability for any resulting delays or impact on campaign performance. Persistent non-payment may result in late payment charges, the rate and application of which will be communicated to the Client in writing prior to enforcement.
4.4 Currency
All fees are quoted and payable in UAE Dirhams (AED) unless an alternative currency is explicitly specified in the proposal or agreement.
4.5 Taxes
All fees are exclusive of applicable taxes, including Value Added Tax (VAT) where applicable under UAE law. VAT or any other applicable tax will be itemized separately on invoices and is payable by the Client in addition to the agreed fees.
5. Intellectual Property
5.1 Client-Owned Materials
All content, logos, trademarks, creative assets, and data provided by the Client remain the exclusive property of the Client. The Client grants TheGenX Media a limited, non-exclusive license to use such materials solely for the purpose of executing the agreed services.
5.2 Ownership of Deliverables
Upon receipt of full and final payment, ownership of the custom deliverables produced specifically for the Client will transfer to the Client. Until full payment is received, all work in progress, creative outputs, and campaign materials remain the intellectual property of TheGenX Media.
5.3 Proprietary Tools and Methodologies
TheGenX Media retains ownership of its proprietary strategies, tools, processes, and pre-existing intellectual property used in the delivery of services. Clients receive the benefit of these in the context of their engagement, but do not acquire ownership of or license rights to the underlying methodologies.
5.4 Third-Party Assets
Where third-party software, data feeds, creative libraries, or platform technologies are incorporated into a campaign or deliverable, the Client is responsible for compliance with applicable third-party license terms. TheGenX Media will advise the Client of any relevant third-party licenses where appropriate.
5.5 Portfolio and Case Study Rights
TheGenX Media reserves the right to reference completed engagements in its portfolio, credentials documents, and marketing materials, including social media. If the Client requires confidentiality over the engagement, this must be requested in writing prior to project completion.
6. Crypto, NFT, and Token-Related Services
TheGenX Media offers marketing and promotional services in connection with cryptocurrency projects, NFT launches, and token generation events. Clients engaging these services acknowledge the following:
TheGenX Media provides marketing and media services only and does not provide financial, investment, legal, or regulatory advice in connection with any crypto or token-related project
The Client is solely responsible for ensuring that their project complies with all applicable regulations in the UAE and any other jurisdiction in which the project is promoted
TheGenX Media accepts no liability for regulatory action, investor claims, or financial loss arising from the Client’s project or its promotion
7. Influencer Marketing Services
Where TheGenX Media coordinates influencer campaigns on behalf of the Client:
TheGenX Media will identify and recommend suitable influencers based on the Client’s brief and target audience; however, the Client retains final approval over all influencer selections
Influencer content is subject to the individual creator’s style and platform guidelines; TheGenX Media does not guarantee specific content outputs unless these are expressly agreed in writing
All influencer content must comply with the UAE National Media Council (NMC) regulations and applicable advertising disclosure requirements. The Client and influencer jointly bear responsibility for ensuring compliance
TheGenX Media is not liable for reputational or commercial damage arising from influencer conduct outside the scope of the agreed campaign
8. Confidentiality
Both parties agree to keep confidential any proprietary, commercial, technical, or strategic information shared during the course of the engagement that is reasonably understood to be confidential in nature. Neither party shall disclose such information to any third party without prior written consent from the disclosing party, except where required by applicable law or regulatory authority.
This confidentiality obligation shall remain in effect for a reasonable period following the conclusion or termination of the relevant engagement, as appropriate to the nature of the information disclosed.
9. Data and Privacy
TheGenX Media handles all personal data in accordance with applicable data protection laws. For full details of how we collect, process, and protect personal information, please refer to our Privacy Policy available at thegenxmedia.com.
Where campaign delivery involves the use of audience data or targeting parameters, the Client warrants that any data provided to TheGenX Media for this purpose has been lawfully collected and that its use for targeting purposes complies with applicable privacy laws.
10. Limitation of Liability
10.1 To the fullest extent permitted by applicable law, TheGenX Media shall not be liable for any indirect, incidental, consequential, or special damages arising in connection with the delivery or non-delivery of our services, including but not limited to loss of revenue, loss of data, damage to reputation, or loss of anticipated business opportunity.
10.2 The Gen X Media’s total aggregate liability to the Client under or in connection with any engagement shall not exceed the total fees paid by the Client during the period immediately preceding the event giving rise to the claim.
10.3 TheGenX Media does not guarantee specific outcomes from any media, advertising, or marketing campaign, including impressions, reach, engagement rates, follower growth, search rankings, conversion volumes, or return on advertising spend, as such outcomes depend on factors outside our control.
11. Warranties and Representations
Each party represents and warrants that:
It has full legal capacity and authority to enter into and perform its obligations under these Terms
Its performance under these Terms will not violate any applicable law, regulation, or third-party agreement
TheGenX Media warrants that services will be performed with reasonable professional skill and care in accordance with industry standards. All other warranties, conditions, or representations not expressly stated herein are excluded to the maximum extent permitted by law.
12. Termination
12.1 By the Client
The Client may terminate an ongoing engagement by providing reasonable written notice to The Gen X Media. In such cases, the Client remains liable for all fees in respect of work completed, costs incurred, and any third-party commitments made on the Client’s behalf up to the date of termination. Initial deposits or advance payments are non-refundable.
12.2 By TheGenX Media
TheGenX Media reserves the right to suspend or terminate services immediately where:
The Client is in material breach of these Terms and has failed to remedy the breach within a reasonable notice period as specified in a written notice from TheGenX Media
The Client becomes insolvent, enters administration, or ceases to operate as a going concern
The Client requests activities that, in TheGenX Media’s reasonable assessment, are unlawful, contrary to platform policies, or damaging to the reputation of TheGenX Media
12.3 Effect of Termination
Upon termination of an engagement, each party shall promptly return or securely destroy the other party’s confidential materials. Clauses relating to fees, intellectual property, confidentiality, limitation of liability, and governing law shall survive termination of these Terms.
13. Website Use
By accessing thegenxmedia.com, you agree that you will not:
Use the website for any unlawful, fraudulent, or harmful purpose
Attempt to gain unauthorized access to any area of the website, its underlying systems, or associated infrastructure
Conduct automated scraping, data harvesting, or bulk data extraction without prior written consent from TheGenX Media
Post, submit, or transmit any content that is defamatory, offensive, infringing, or otherwise in violation of applicable law
TheGenX Media reserves the right to restrict or terminate access to the website for any user found to be in breach of these conditions, without prior notice.
14. Third-Party Links and Content
Our website may contain links to third-party websites, partner platforms, or external resources. These links are provided for informational convenience only. TheGenX Media has no control over the content, availability, or privacy practices of such external websites and accepts no liability for any loss or harm arising from their use. The presence of a link does not constitute an endorsement by TheGenX Media.
15. Force Majeure
TheGenX Media shall not be held liable for any failure or delay in the performance of its obligations where such failure or delay results from circumstances beyond our reasonable control. These include, without limitation, acts of God, natural disasters, government or regulatory actions, war, civil unrest, cyberattacks, epidemic or pandemic events, or disruptions to third-party infrastructure or platform availability. In such circumstances, TheGenX Media will notify the Client promptly and endeavor to resume normal service delivery as soon as reasonably practicable.
16. Amendments to These Terms
TheGenX Media reserves the right to update or amend these Terms at any time. Revised Terms will be published on our website with an updated effective date. For clients in active engagements, material changes will be communicated by email. Continued use of our website or services following the publication of updated Terms constitutes acceptance of the revised version.
17. Governing Law and Dispute Resolution
These Terms are governed by and shall be construed in accordance with the laws of the United Arab Emirates and, where applicable, the laws of the Emirate of Dubai.
In the event of any dispute arising out of or in connection with these Terms or any engagement with TheGenX Media, the parties agree to first seek resolution through good-faith negotiation. Should the matter remain unresolved following a reasonable period of negotiation, it shall be referred to the competent courts of Dubai, UAE, which shall have exclusive jurisdiction over such disputes.
18. Entire Agreement
These Terms, together with any signed proposal, insertion order, or Statement of Work, constitute the entire agreement between the parties in relation to the relevant engagement and supersede all prior representations, discussions, or agreements, whether oral or written.
19. Severability
If any provision of these Terms is found to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.
20. Contact Us
For any questions or concerns relating to these Terms and Conditions, please contact us at:
TheGenX Media
Barsha Heights, Dubai, United Arab Emirates
P.O. Box 31705
Email: info@thegenxmedia.com
Phone: +971 58 560 1701
Website: www.thegenxmedia.com