GEM4ME Terms of use

These Terms of use (“Terms”) governs relationships between you (“you” or “user) and GEM4ME CUSTODIAN SERVICES LTD ("us", "we", or "our") regarding your use of GEM4ME platform (“Platform”).

The Terms cover this document, appendices hereto, the Privacy Policy and other documents to which the Terms and the Platform refer to.

You confirm that you read, understand and accept the Terms in full with no reservations and derogations upon registration with the Platform. Without accepting it you cannot use the Platform.

General
1. The Platform lets you reach people you know. Among other things you can send messages, photos, attachments to your friends from your phone book, make voice and video calls to them, subscribe for bots and channels.After registration you can use and manage settings of the Platform using your account, exploit functionality of the Platform among other services which can be accessed to via the Platform.Use of the Platform for other purposes constitutes substantial breach of the Terms.
2. After registration you provide us with your contact list from the telephone book on your device so that you can communicate with your friends using the Platform, and access to the content of your device – so that you can exchange it with your friends. Without the telephone book and access to the content your use of the Platform will be limited or impossible.
3. After providing us with the contact list you can see who from the contact list uses the Platform. If a person is not a user you can invite him/her to use the Platform.
4. After registration you can use functionality of the Platform using special app (“App”) and the web-site (“Website”).In the terms:
  - “App” refers to GEM4ME messenger application which can be downloaded from application market
  - “Website ” refers to the web-version of the Platform which can be accessed upon scanning of the bar-code on web.gem4me.com.
  - Note that the web-version can provide you with limited functionality of the Platform.
Your ageYou must be at least 13 year old, competent, legally capable and can enter the Terms under applicable laws.If you are not of legal age or your capacity is limited under applicable law your legal representative must agree with the Terms on your behalf.At our request you provide us information at our discretion which confirms compliance with the requirement hereof. Without such information we can deny your registration with the Platform, limit or remove your access to the Platform without possibility to restore it.
Registration
1. To use the Platform you must get through registration process by providing data about you in registration form in the App.
2. To register with the Platform you enter data about you: telephone number, geo-location, user name, nickname among other data required with the form in the App.At our request you provide us additional data at our discretion to complete registration. Without such data we can deny registration.
3. After submitting the data we verify your number by providing you with the verification code.
4. We notify you when the registration is completed.
5. By registering with the Platform you confirm:
  - You provide accurate data about you when registering with the Platform.We can request additional data to verify the accuracy.If you change it you must update such data through your account using the Platform settings.
  - You have sufficient device, software, Internet connection among other technical abilities to use the Platform.We do not provide such technical ability and are not liable for your impossibility to use the Platform.
  - You have paid all fees and taxes for services associated with your use of the Platform.We do not pay and are not responsible for such payments.
  - You do not violate any laws and third party’s rights by submitting the data about you.
  - You execute the Terms personally and do not assign any rights and/or obligations hereof to third parties.If you do not meet the requirements hereof we can limit or remove your access to the Platform without possibility to restore it and without prior notice.
6. We can charge you for the use of the Platform. In this case you are responsible for all fees and taxes associated with such payment.
7. Upon registration we create your personal account with the Platform.You can use your account to adjust the Platform setting, notifications, change user name and nickname, see your contacts, shared media, block list among other things within functionality of the Platform.
8. After your registration you become responsible for confidentiality of your account data.You are responsible for any action made through your account.If your account is violated please contact us immediately using legal@gem4me.com
Intellectual property
1. Ownership: the Platform, including the code, logo, graphics, design and any other content, is proprietary information and materials protected by law, including intellectual property.We are the sole and exclusive owner of these information and materials and permit you to use it as set forth herein. You cannot use the Platform otherwise without our permission.Among others, you cannot reverse engineer, alter, modify, create derivative works from, decompile, or extract code from the Platform or any part thereof.
2. The Platform and supporting services may include certain third party software components and open source software components that are subject to separate licenses, such as detailed at: www.agora.io/3Plicenses.By using the Platform you agree to comply with the terms of such licenses and be personally liable in case of their violation. Please read them carefully before using the Platform.
3. License: After your acceptance of the Terms we provide you with a personal right (license) to download the App and install it on your device, access it via the Web-site and use the Platform within its functionality.We grant you a license which is:
  - Non-exclusive, which means we can grant the same or similar rights to other people
  - Revocable, which means that we can terminate your right unilaterally if you do not comply with the Terms or in other cases set forth herein
  - Non-sublicensable, which means you cannot provide rights in full or in part to the Platform to a third party
  - Non-assignable, which means that it is personal and you cannot transfer your rights hereof to a third party.Use of the Platform in conflict with our intellectual property rights and license terms constitutes substantial breach of the Terms.In this case, we can, without a prior notice to you and specifying the reasons for it, limit or remove your access to the Platform at any time and with no possibility to restore it, and, upon our request, you must pay compensation of damages resulted the violation of our intellectual property rights as requested via bank transfer without resorting to litigation within 5 (five) business days after our request.
4. You must have sufficient rights and permissions over the messages and the content you exchange via the Platform.We do not receive or claim ownership rights over such messages and content.You grant us the license to use your messages and content to operate the Platform so that you can use it and its functionality in full. Such use covers display your account data, data on delivery of your messages, storage of your messages.Such license is non-exclusive to us. We can assign and sublicense our rights to our affiliates and partners only to meet the above purpose.You can revoke the license any time. In this case your use of the Platform can be limited or impossible.
LimitationsThe use of the Platform is subject to the following limitations:
1. The Platform is intended for the purposes described herein and for your personal use only. You cannot use the Platform for other purposes, including for making business or receipt of commercial benefit otherwise.
2. You can use the Platform provided that you respect privacy and data of other users. You cannot collect or use data of other users in a way conflicting with law, including selling it or receiving commercial benefit otherwise.
3. You cannot use the Platform for in any way conflicting with law or in any other inappropriate way.This can cover commission or promotion of crimes or any illegal activity, exchanging with obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive messages, communication of viruses or harmful computer code, exchanging falsehoods, misrepresentations or misleading statements, fishing, bulk messaging, auto-messaging, auto-dialing among similar messages.
4. You can create the account using your personal telephone number only unless the Terms set forth otherwise. Registration with the Platform without permission of the telephone number owner, through illegal or automated means is prohibited.
5. You can have one only one account with the Platform connected to your telephone number. If you change the number you must update it in the account settings.
6. You cannot use the Platform in violation of laws and third party’s rights, including intellectual property rights.
7. You cannot break or bypass technical or any other means of protection over the Platform. Getting unauthorized access to the Platform servers or systems, interference with or disruption integrity of the Platform is prohibited.The list of limitations is not exhaustive. At our discretion, we can consider any other activity inappropriate and apply liability measures to the user.
Third-party servicesThe Platform can provide you with possibility to access or use otherwise third-party products or services.In this case the Terms do not apply to your relationships with such third party. Such relationships are governed with the parties’ policies available. Please read such policies carefully before using third-party products and services.
Termination
1. You can terminate the Terms at any time by uninstalling the App from your device.In this case termination is possible if you have no debts to for use of the Platform or if you have no claims or suits with your involvement in connection with the use of the Platform.
2. Any violation of the Terms is substantial. If you violate the Terms, we can, without a prior notice to you and specifying the reasons for it, limit or remove your access to the Platform at any time and with no possibility to restore it, and, upon our request, you must pay compensation of damages resulted the violation of the limitations as requested via bank transfer without resorting to litigation within 5 (five) business days after our request.
3. At our discretion we can limit or remove the access to the Platform at any time and with no possibility to restore the account unilaterally without resorting to litigation with a prior notice if possible and specifying the reasons for such termination at any time.
Warranty
1. The Platform is intended solely for the purposes expressly set forth herein.You agree that the Platform is provided ‘as is’ without any express or implied warranties of any kind, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer virus or other harmful code.
2. We do not guarantee that the Platform:
  - meet your requirements and expectations
  - contains accurate, complete or useful information and materials
  - is reliable, secure and available with no interruptions, error, delays, disruptions, imperfections and defaults
  - information and materials are displayed correctly on your device.
3. If any technical problems arise while using the Platform you can report us about it using supportservice@gem4me.com .
Messages
1. Automatic messages: Upon filling up the registration form in the App you agree to receive text messages and phone calls with codes to register with the Platform among other messages in connection to your use of the Platform.
2. In-Platform messages: After registration you agree to receive messages from bots you subscribe, public messages among other messages receipt of which the Platform is intended for. You can adjust notifications on such messages in your account.
3. Advertising: You agree that we can send you advertising messages and show advertising during your use of Platform from us and our partners as set forth in the Privacy Policy.
Liability
1. We are not responsible and will not be liable:
  - for your use of the Platform and compliance with the Terms, including information, materials you exchange via the Platform and actions you perform through it
  - to you for any consequential, special, punitive, indirect, or incidental damages and lost profits relating to, arising out of the Terms and in connection to the use of the Platform.
2. You defend, indemnify and hold harmless us, our affiliates, partners, our and their directors, officers, employees and agents from liabilities, damages, losses and expenses of any kind, including expenses for legal representatives, in connection to your use of the Platform, compliance with the Terms or meeting your warranties hereof, including those arising of or related to:
  - any claim by any third party
  - any breach, violation or failure to perform or comply with any of your warranties or obligations
  - any act, including negligence, recklessness, misconduct or criminal act, through your account
  - violation of any intellectual property rights, privacy or any other third party’s right
  - death of or injury to any person, damage to any property or any other damage, loss or injury, by whomsoever suffered, resulting or claimed to result, in whole or in part, from your use of the Platform.If any of the grounds hereof takes place, upon our request, you must pay compensation of damages in full as requested via bank transfer without resorting to litigation within 5 (five) business days after our request.
Updates and changes
1. From time to we can update, provide additional content or other modifications to the Platform. This can be, for example, to improve Platform service, to add new or update features or to resolve software bugs.In this case, we temporality limit access to the Platform so that it can be unavailable to you and require to update the App.
2. We can amend or update the Terms by posting the “Last Modified” date in the document. You agree to regularly check the updates by yourself.New version of the Terms will available in the App and on the Web-site.Your continued use of the Platform after the change confirms your acceptance with the new version of the Terms as amended.If you do not agree with such changes you must stop using the Platform and remove the account.
Other provisions
1. GOVERNING LAW: the Terms and any dispute or claim arising out of or in connection with it and use of the Platform are governed by, and construed in accordance with the laws of Malta and applicable international agreements and contracts with no conflict of law provisions applicable.
2. DISPUTE RESOLUTION: any claims and disputes arising out of the Terms and in connection to the use of the Platform must be settled by a competent court of law in the jurisdiction of our residence.
3. SEVERABILITY: If, for any reason, any provision of the Terms is found to be invalid or unenforceable in whole or in part, such recognition will not entail the invalidity or inapplicability of other provisions of the Terms. Such invalid and non-applicable provisions are separable from other provisions of the Terms.
4. APPLICABLE LAW: if distribution of the Platform or its use violates the law of the country you reside we can limit or remove access to the Platform for such country without prior notice about it.
5. COMPLIANCE WITH LAW AND REGUILATIONS: you must be solely responsible and liable for compliance with law which apply to you, including payment of any fees and taxes in connection to your use of the Platform.
6. ASSIGNMENT: the Terms are personal to you. You cannot transfer any of your rights or obligations under our Terms to a third party.We can freely assign our rights and obligations hereof to any of our affiliates and partners or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise.We can transfer the information and materials you provide to us on to any of our partner, affiliates, successor entities or new owner. In this case the Terms will continue to apply to your relationship with such third party.If you do not agree to such assignment you must stop using the Platform and remove the account.
Contact UsIf you still have questions about the Terms, please feel free to contact us using supportservice@gem4me.com or using the requisites in “contact us” section.