Terms of Use & Privacy Statement

Genco is a content studio, a trade name of Keijser Films, registered with the Dutch Chamber of Commerce under number 75710420, email admin@gencocreate.com (“Genco”, “we”). We produce image and video content for our clients’ social-media channels, delivered through an online portal (the “portal”). “You” or “Client” is the business that signs up and uses the service. “Content” means the image and video material we make for you.

These terms and the privacy statement together form the agreement between you and Genco for use of the portal and the service. By signing up you agree to them.

The service is intended for businesses acting in the course of their profession or business, not for consumers. If we sign a separate service agreement for your situation, that agreement prevails over these terms to the extent they conflict; otherwise these terms continue to apply.

We deliver a batch of image and/or video content periodically (usually monthly), tuned to your brand and style, through the portal. The exact scope (number of posts, image/video ratio) follows from the plan you choose. Genco provides a best-efforts obligation and aims to keep the portal available, but does not guarantee uninterrupted availability; maintenance, updates and short interruptions may occur.

Genco decides which means and techniques are used to produce the content. We use professional production tools and modern software, including third-party generative AI tools. Creative direction, brand understanding and final editing stay with us. You are aware that AI is part of our way of working.

You declare that you are 18 or older and authorised to agree on behalf of your business. You keep your account details accurate and current, keep your login credentials secret, and are responsible for everything that happens under your account. If you suspect misuse or a data breach, you notify us as soon as possible.

For everything you supply (logos, photos, product imagery, examples, copy) you warrant that:

• you hold all rights, licences and consents needed to let us use and edit it, including editing with software and AI;
• for every recognisable person in supplied imagery there is valid consent (a quitclaim) for commercial use and for processing with software, including AI;
• the material does not infringe third-party rights (copyright, trademark, image rights) and is not unlawful.

You fully indemnify Genco against third-party claims arising from material you supply or from missing rights or consents as described above. This indemnity survives termination.

You do not use the portal or the service for unlawful purposes and do not supply briefs or material that breach the law or third-party rights. You may not:

• copy, reverse-engineer or decompile the portal or its underlying software, or circumvent its security;
• scrape or overload the portal through automated means;
• resell your account or the service, or transfer it to a third party without our written consent;
• supply or generate material that is hateful, misleading, infringing or otherwise unlawful.

After full payment for the relevant period you may use, publish and distribute that period’s content without restriction on your own channels, worldwide and without time limit. To the extent transferable rights apply to the content, we transfer them to you on full payment. Note: content generated wholly or largely by generative AI may, under current law, not be protected by copyright; we therefore cannot guarantee exclusivity on such content. Until full payment, all rights stay with Genco and you have no right of use.

You grant Genco a non-exclusive, worldwide, royalty-free right to use the content made for you for Genco’s own promotion and marketing (including portfolio, website, social media, advertising, pitches and case studies), noting that it was made for you.

This promotional right survives the end of the subscription or agreement: cancelling does not end it. Content we use for our promotion we may keep using after cancellation, and promotional material already published does not have to be removed.

You may exclude specific content from this use in advance in writing. You may also ask us in writing at any time to stop new promotional use of particular content; we then stop new placements of it, but are not obliged to take down material already published.

Where recognisable people appear in the content, our promotional use also depends on those people’s consent (quitclaim). If a depicted person withdraws that consent, we stop future use of that content as far as reasonably possible.

The portal, our software, templates, workflows, way of working, brand and all related intellectual-property rights remain with Genco (or its licensors). Nothing in these terms transfers those rights to you; you only receive the right to use the delivered content described in clause 8.

You decide how, where and when you use and publish the delivered content: which channels, captions, claims and audience. You are responsible for the lawful use of the content on your own channels, including compliance with rules on advertising, misleading practices and consumer protection. Genco is a production studio and not the publishing party; we are not liable for the way you use or publish the content. This does not affect our own responsibility for how the content is produced, as set out in clauses 6, 8 and 17.

Laws and regulations (including the EU AI Act) may require AI-generated or AI-edited images and videos to be recognisable or labelled when published, especially when recognisable people appear. As the publishing party you are responsible for this; on request we provide the information or technical labelling needed. You indemnify Genco against fines or claims arising from non-compliance.

The price follows from the plan you choose and is exclusive of VAT unless stated otherwise. We invoice in advance per period; payment is due within fourteen (14) days of the invoice date. If you pay late we may suspend delivery until outstanding invoices are paid. If payment is more than thirty (30) days overdue we may terminate the agreement immediately. The Trial Pack is a one-off trial with no ongoing subscription.

• New customers and new subscription periods always apply at the price in force at that time.
• Once a year Genco may adjust the price in line with the consumer price index (CPI) published by Statistics Netherlands (CBS), measured over the preceding twelve months. This indexation follows an objective benchmark and applies without a right to terminate.
• If Genco wishes to raise the price above this indexation, we announce it directly at least one (1) month in advance (by email; a notice on the website alone is not sufficient). If you do not agree with such an increase, you may terminate the subscription as of the date the increase takes effect, provided you let us know before that date. If you use the service after the effective date, that counts as acceptance of the new price.
• We may apply price reductions and temporary promotions without prior notice.

• Genco may amend these terms and the privacy statement, for example because of new functionality, changed suppliers or laws and regulations.
• Minor or textual changes and changes required by law take effect when published in the portal.
• Changes that are materially to your detriment we announce directly at least thirty (30) days in advance (by email). If you do not agree with such a change, you may terminate the agreement as of the date the change takes effect. If you use the service after that date, that counts as acceptance.
• The most current version is always in the portal; the version number and effective date are shown at the top of this document.

A subscription has a minimum term of three (3) months and then continues monthly. After the minimum term it is cancellable per calendar month with one (1) month’s notice, in writing or by email. Content already delivered or in production for the current period is not credited on cancellation.

We may suspend access to the portal or terminate the agreement in case of payment arrears of more than thirty (30) days or misuse of the service (clause 7). After termination your access to the portal ends; we give you a reasonable period to download content already delivered, after which we are no longer obliged to keep it available.

Genco provides a best-efforts obligation and does not guarantee any specific reach, follower count, sales or other commercial result. Our liability per event is limited to the amount you paid Genco in the three (3) months before the event, capped at € 5,000. We are not liable for indirect damage, consequential damage, lost profit or reputational harm. These limitations do not apply in case of intent or wilful recklessness on Genco’s part.

In case of force majeure we are not required to perform our obligations and performance is suspended for as long as the force majeure lasts. Force majeure includes outages or failures at our suppliers and sub-processors (including AI, hosting and email services), internet outages, cyber-attacks and government measures.

The parties treat confidential information they receive from each other as confidential and use it only to perform the agreement.

• Except for clauses 13 and 14, changes only apply if agreed in writing.
• If a provision is void or voidable, the remaining provisions stay in force and we replace it with a valid one that matches the intention as closely as possible.
• You may not transfer your rights and obligations under the agreement to a third party without our written consent; Genco may do so in the context of a transfer of its business.
• Not exercising a right (immediately) does not waive it.
• These terms are governed by Dutch law; disputes are submitted to the competent court in the district where Genco is established.

For the data you supply (including imagery of recognisable people) you are the data controller and Genco acts as processor. For your own account and contact data we are the controller. On request we conclude a separate data-processing agreement under the GDPR.

• Account data (name, company, email, billing details) — to perform the agreement. Basis: performance of the contract.
• Brand and content material (everything you supply) — to produce the content. Basis: performance of the contract; for imagery of recognisable people: your consent as controller.
• Public social-media data — for the brand analysis we fetch publicly visible posts from your account (via Apify). Basis: performance of the contract.
• Usage data and logs — for security and improving the service. Basis: legitimate interest.
• Email address for updates and tips — only if you opt in at signup. Basis: your consent, which you can withdraw at any time.

To deliver the service we use specialised suppliers. Some process data outside the EU (mainly the US), based on EU Standard Contractual Clauses (SCCs):

• Google Workspace — email & collaboration (processor; no advertising use)
• Supabase — database & authentication (EU region)
• Vercel — portal hosting
• Resend — email delivery (US, SCCs + Data Privacy Framework)
• OpenAI — AI text/image via API (does not train on API data; US, SCCs)
• Anthropic (Claude) — AI text via API (does not train on API data; US, SCCs)
• Higgsfield — AI image/video generation (may use input/output for model training and its own promotion)
• Firecrawl — web data & research
• Apify — fetching publicly visible social-media posts for the brand analysis
• Stripe — payment processing (SCCs where applicable)

To produce your content we process material in third-party AI tools (see clause 23). This applies both to material you supply yourself and to material we gather about your brand on your instruction, such as your product catalogue, webshop content and publicly visible social posts.

Some of those AI suppliers (including Higgsfield) may use this material and the generated output to train and improve their models, and in some cases for their own promotion and marketing. By using the service you agree to this. So do not supply confidential or special-category personal data that you do not want processed at such parties.

Genco takes appropriate technical and organisational measures to protect your data against loss and unlawful use, including encrypted connections, access control and separated tenant data. In the event of a data breach with risk to individuals, we notify the Dutch Data Protection Authority and the individuals where required under the GDPR.

We keep your billing data for seven (7) years due to the statutory tax-retention obligation. Your other account and contact data, the brand material you supply and the generated content stay available for as long as you have an active subscription; after cancellation we remove them from the portal within sixty (60) days, unless you ask for an archive copy. Two exceptions apply: (a) content we keep using for our own promotion under clause 9, and (b) data we are required to retain longer by law. Backups are overwritten within a limited period.

You have the right to access, rectification, erasure, restriction, data portability and objection, and you may withdraw any given consent at any time. You can send a request to admin@gencocreate.com; we respond within the statutory period. You also have the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).

The portal uses only functional and strictly necessary cookies, such as for logging in and remembering your language preference. We do not use cookies for advertising or third-party tracking.

Changes to this privacy statement follow clause 14. This statement is governed by Dutch law. Questions about your data can be sent to admin@gencocreate.com.