Terms Of Use Agreement for Origene Web Application and Mobile Application
Date: May 22, 2025
The Origene Web Application and Mobile Application (collectively, “Service”, “App’) is a website and application owned and operated by the Milky Way Entertainment LLС, company, registered at 30 N Gould st Ste 4118, Sheridan, WY 82801, USA +8772370608 (hereinafter “we”, “us”, “Milky Way Entertainment LLС” etc.).
Origene provides non-genetic facial analysis services that deliver personalized reports based on uploaded facial images. Features include:
The Service is intended solely for entertainment and general informational purposes. It does not constitute, and should not be interpreted as, the provision of medical, genetic, or health-related advice, diagnosis, or treatment. The results generated by the Service are not scientifically validated and should not be relied upon for medical, diagnostic, genetic, legal, or other critical decision-making purposes. Always consult a qualified professional for any medical or health-related concerns.
This Terms of Use Agreement (this “Agreement”) describes the terms according to which you may legally use the Service, and the content contained there.
By entering into this Agreement, and/or by accessing or using the Services, you expressly acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement applies to all visitors, users, and others who access or use the Services (“users,” “you,” or “your”). Origene reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time, by posting changes to this page. Your continued access to or use of the Services after such posting confirms your consent to be bound by this Agreement, as amended. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.
By your use of this App, you agree to be bound by the terms and conditions of this Agreement, including any policies and procedures incorporated by reference, including this Terms of Use Agreement and our Privacy Policy.
You also represent and warrant that you have the legal authority to accept the Agreement. If you do not agree to all of the terms in this Agreement, you are not authorized to use or access the Service.
You agree to be bound by any affirmation, assent, or agreement you transmit through the Website. You agree that when you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable as to the terms thereof and the legal equivalent of your handwritten signature.
In order to understand the rules of the Agreement clearly you shall familiarize yourself with the meaning of terms used in the Agreement. In this Agreement the following terms, when capitalized, shall have the following meanings:
DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, We and Our affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, express or implied, as to the accuracy, adequacy or completeness of any of the information contained in Our Service or created by the services.
The Content in Our Service is provided to You on an “as is” basis, without any warranties. We do not guarantee that You will attain any anticipated result from the use of the Service. Further, We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Services or otherwise relating to such materials or on any sites linked to its Services.
We make no warranty that:
a) the Service will meet your requirements;
b) the Service will be uninterrupted, timely, secure, or error-free;
c) content and material will be hosted and/or transmitted without interruption or cessation;
d) any products, sites, information, or other material, whether in tangible or intangible form, downloaded or obtained by you through the service, will meet your expectations or any standard of quality; and
e) any defects in the operation or functionality of the service or related software will be corrected.
Any service downloaded or otherwise accessed through the use of Our Service is at Your own discretion and risk and We shall have no responsibility or liability for any errors or omissions.
We are not responsible for any damages, whether direct or indirect, special or consequential, suffered by You or by any other person from the use of the Service, even if You have been advised of the possibility of such damages.
No advice or information, whether oral or written, obtained by You from Us or Our Service shall create any warranty not expressly stated in the Agreement. Under no circumstances shall Our liability or of any of Our affiliates pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by You for access to the Service. Furthermore, We shall have no responsibility or liability for delays or failures due to circumstances beyond Our control.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Origene ENTITIES OR THEIR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF Origene HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
CHANGES AND MODIFICATIONS
We may change or amend this Agreement from time to time. If we make material changes, we will endeavor to notify you that our terms have changed, either through the user interface, in an email message, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute your consent to the changed terms.
If you do not agree to the change(s), you must immediately stop using the Service; otherwise, the new terms will apply to you.
LEGAL CAPACITY AND AGE
The Service is intended for adults only. You must be 18 years of age or older to use the Service. If You install and/or use the Service, You confirm that You are at least 18 years old and have full legal capacity to enter into the Agreement.
By accessing or using the Service, you represent and warrant that you are at least 18 years of age and have the legal authority to enter into this Agreement. If you do not meet these requirements or do not agree to all the terms of this Agreement, you are not authorized to use or access the Service.
By clicking “I agree,” “I consent,” or taking any similar action to accept or access the Service, you also confirm that you meet the minimum age requirement and agree to be bound by this Agreement. If you do not meet these requirements or do not agree to all the terms of this Agreement, you are not authorized to use or access the Service.
DEVICE
If You intend to download onto and/or run the Service on any Device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with this Agreement whether or not You own the Device.
If You do not own the Device, You are allowed to install and/or use the App only through Your Account.
If You use the Device together with other people, please, make sure that nobody except You can use the Service from Your Account. All actions taken in Your Account are considered Your actions in disregard of who actually takes such actions. You are fully responsible for all actions taken in Your Account.
If You decide to sell or otherwise dispose of the Device, You shall delete the Application from the Device.
ACCOUNT
In order to access some features of Our Services‚ you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register‚ you agree to provide Us with accurate and complete registration information‚ and to inform Us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use Our Services in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF OUR SERVICES BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Photos uploaded to Origene are not stored, not shared, and not reused. Processing is done locally or transmitted securely to a server only for temporary analysis, after which the image is permanently deleted. We do not retain biometric or facial data post-processing.
You agree to use the Service in accordance with the law and these Terms. You may not:
INTELLECTUAL PROPERTY
All content, trademarks, logos, and software in the Service are owned by or licensed to the publisher and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes.
You may not sell, resell, distribute, redistribute, rent, lease, sublicense, assign, copy, or in any other way transfer or grant any rights to the Service to any third party.
You may not distribute or make the Service available over any network where it could be downloaded or used by multiple users at the same time, except when it is expressly authorized by Us.
You may not decompile, disassemble, reverse engineer or create derivative works of the Service or any parts thereof. All modifications or enhancements to the Service remain the sole property of the Company.
You may not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Service.
USES OF THE SERVICE
You agree not to, and will not assist, encourage, or enable others to:
RELATED SERVICES AND ADVICE
Please, take into account that any kind of data provided to You through the App is provided for information purposes only. It is up to You whether to use this information as the basis for Your activities and decisions. Under no circumstances shall We be responsible for any consequences of using such information as the basis for Your activities and decisions.
Origene's features can change in the future, including adding and removing features, restricting the list of features available in the free/paid plan, open source some parts or all of the app source code.
LINKS TO EXTERNAL SITES AND SERVICES
The App may contain links to external sites and services (for example, applications for mobile devices). If You decide to visit and/or use such external sites and services, You do this at Your own risk. Under no circumstances shall We be responsible for the content of such sites and services. We cannot guarantee that these sites and services will be available for You or that Your use of such sites and services will be safe.
This Agreement does not regulate Your relations with owners and/or administrators of such external sites and services. Please, check in terms of service, privacy policy or any other related document that regulates usage of external sites and services.
NOTIFICATIONS AND NEWSLETTER
By registering with Origene and providing your email address, you agree to receive communications from us regarding valuable updates, service notifications, news, and specially curated content designed to enhance your experience with our brain training platform. If at any point you decide you no longer wish to receive these communications, you have the option to unsubscribe through the link provided in our emails or by reaching out to us directly via our contact page. Please note, opting out may limit your access to essential updates and exclusive content from Origene.
SUBSCRIPTION PLANS AND PRICING
Origene offers access through a subscription-based model:
Payments are processed securely via Worldpay (Vantiv). Subscription fees are billed in advance and automatically renew unless you cancel at least 24 hours before the end of the current subscription period.
PURCHASING SUBSCRIPTION. TRIAL PERIOD
The App as a whole or its certain part (additional Content) is provided on a paid subscription basis. The fee may vary depending on the App, the period of the Subscription duration.
Direct Purchase from the Company.
1. You may purchase a Subscription directly from the Company, in which case it is the Company and the external payment service providers (Recurly etc.), that collects money.
2. The costs of all Subscriptions along with this ToU as well as Privacy Policy are available for your attention on the Website and web-page of the App before the purchase.
3. When You purchase a Subscription, the payment is processed by a payment processing system you use.
4. The digital content is made available to You immediately after the trial period begins or after the Subscription fee is charged.
5. Please kindly note that we offer refunds in case of Direct Purchase from the Company (please see clause “REFUND POLICY”).
6. Trial periods may be provided depending on the particular Subscription and the App you choose. You may use the App or its additional Content free of charge during this period. Please, take into consideration that at the end of the trial period it will automatically transform into a paid Subscription and Your Account will be charged for the cost of such Subscription, unless You cancel the Subscription through the subscription settings of Your Account at least 24 hours prior to the end of the free trial period.
AUTOMATIC RENEWAL OF SUBSCRIPTION. CANCELLATION OF SUBSCRIPTION
REFUND POLICY
PLEASE BE INFORMED THAT YOUR REFUND REQUEST SHALL CONTAIN ALL THE INFORMATION DESCRIBED BY THE PRESENT CLAUSE IN ORDER TO ALLOW US TO PERFORM A REFUND. THE LACK OF INFORMATION FROM YOUR SIDE IN YOUR REQUEST WILL LEAD TO A LACK OF TECHNICAL ABILITY TO MAKE A REFUND PAYMENT. IN CASE YOUR REFUND REQUEST DOES NOT CONTAIN ALL THE INFORMATION REQUIRED BY THE PRESENT CLAUSE WE WILL BE UNABLE TO PERFORM A REFUND.
3. We will review your application and notify you (by email) whether your application is approved. If the application is approved, your refund will be processed, and a credit will be automatically applied to your credit card or original method of payment, within 14 days.
4. In order to cancel automatic renewal of the Subscription, please, change subscription settings of Your Account. After the end of the Subscription the App as a whole or its additional Content will be available only if a new Subscription is purchased.
UPDATES
We may, though not obliged, update the App from time to time, by making such updates, supplements or new versions of the App available to You. If We release an update (including a new version of the App) We may request You to update the App. The update may be downloaded and installed automatically or on the basis of Your consent depending on the updates settings of Your Device.
The materials appearing on Milky Way Entertainment LLС's Services could include technical, typographical, or photographic errors. Milky Way Entertainment LLС does not warrant that any of the materials on its Services are accurate, complete, or current. Milky Way Entertainment LLС may make changes to the materials contained on its Services at any time without notice. Milky Way Entertainment LLС does not, however, make any commitment to update the materials.
The content of any update, supplement or new version of the App is determined exclusively by the Company. Under no circumstances do We accept any orders, requires or requests for further development of the App. We reserve the right to modify or discontinue any part, or function, or feature of the App at Our own discretion with or without a prior notice.
If We introduce certain features or functions of the App, We may need to set certain rules for using such features or functions. In this case We will introduce changes to the Terms of Use that will take effect on the day when such features or functions are released.
We are committed to making Service usable and accessible to the widest possible audience, regardless of technology or ability. While We strive to ensure the accessibility of Service, you may find some limitations. Please report any problems to the support team at Service ([email protected]).
VIOLATION OF THIS AGREEMENT – TERMINATION
We may suspend or terminate your access to and use of the Service at any time, with or without notice, if you breach any provision of this Agreement. Where reasonably possible and appropriate, we will provide you with a notice and an opportunity to remedy the breach within a reasonable period before termination. However, We reserve the right to terminate access immediately if the breach is serious or irreparable, or if continued access would pose a legal or security risk.
If We end Your rights to use the Service:
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Origene ENTITIES OR THEIR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF Origene HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You expressly understand and agree that we and our affiliates will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages that may be incurred by you, however caused and under any theory of liability.
Exclusions and Limitations. Some jurisdictions do not permit the exclusion of certain warranties or conditions, or the limitation or exclusion of liability for certain damages. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and, in such instances, our liability and that of our affiliates will be limited to the maximum extent permitted by law. You agree that Milky Way Entertainment LLС's liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release Milky Way Entertainment LLС from any and all obligations, liabilities and claims in excess of this limitation.
Indemnification. You agree to defend, indemnify, and hold Us and Our Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) we may incur in connection with any claim arising out of your breach of this Agreement or your use of the Service. We reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
MISCELLANEOUS