Terms of use

1. Agreement

These Terms of Use ("Terms") are an agreement between you and Tech With You, a Delaware company ("we", "us"), and govern your use of the GemID app and gemidentify.app (the "Service"). By using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old to use the Service.

2. What GemID is, and is not

GemID is a research and record-keeping tool. It suggests possible matches for gemstones and jewelry based on photos, provides reference information, and lets you keep a private record of your pieces.

GemID results are generated by a computer model, may be wrong, and are labelled as possible matches. GemID does not certify, grade, appraise or authenticate gemstones or jewelry, and cannot determine whether a stone is natural, lab-grown, treated or imitation, its origin, carat weight or value. The imitation check reports only visible signs and never confirms that a stone is genuine.

Do not rely on GemID to buy, sell, insure, value or make any financial decision about an item. Consult a qualified gemologist or an accredited gemological laboratory.

3. Your account

You are responsible for your account and for keeping your sign-in details secure. Provide accurate information and tell us at once about any unauthorized use. You can delete your account at any time in Settings.

4. Free scans, purchases and subscriptions

• Each account receives 100 free scans. A scan counts when analysis completes with possible matches or with "Unable to determine". Retakes requested by the App and scans that fail on our side do not count.
• After the free scans you can buy a Scan Pack (a one-time, consumable purchase of 50 scans that do not expire) or subscribe to GemID Plus (up to 100 scans per month).
• All purchases are made inside the App and processed by Apple (App Store) or Google (Google Play) under their terms. Prices are shown in the App before you buy and may vary by country and change in the future.
• GemID Plus renews automatically at the end of each period unless you cancel at least 24 hours before the period ends. Manage or cancel it in your App Store or Google Play account settings. Cancelling stops future renewals; the current period stays active until it ends.
• Refunds are handled by Apple or Google under their refund policies.
• Scans have no cash value and cannot be transferred or exchanged. Unused scans in a Scan Pack remain available while your account exists.
• Fair use: the GemID Plus monthly allowance is for personal use. Automated, bulk or commercial scanning may be limited.

5. Your content

You keep ownership of the photos, notes, certificate files and other content you add ("Your Content"). You give us a worldwide, non-exclusive, royalty-free license to host, process and display Your Content only as needed to provide the Service to you, including sending photos to our AI service provider for analysis. We use Your Content to train or improve models only if you opt in.

You confirm that you have the right to upload Your Content and that it does not violate anyone else's rights. Do not upload images of other people or their personal information without permission.

6. Acceptable use

• Do not use the Service for anything unlawful, deceptive or harmful, including presenting GemID results as a certificate, appraisal or authentication to others.
• Do not attempt to access other users' data, disrupt the Service, bypass usage limits, or reverse engineer the App except where the law allows.
• Do not use automated means to scrape the Service or to submit scans in bulk.

7. Third-party services

The Service may link to third-party websites, such as a gem laboratory's report check page. We are not responsible for third-party services, and your use of them is governed by their terms.

8. Our intellectual property

The Service, including its software, design, reference content and the GemID name and logo, belongs to us or our licensors. We grant you a personal, non-transferable, revocable license to use the App for personal, non-commercial purposes in line with these Terms.

9. Disclaimers

THE SERVICE AND ALL RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY IDENTIFICATION IS CORRECT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS ARISING FROM DECISIONS MADE IN RELIANCE ON GEMID RESULTS. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US$50. Some jurisdictions do not allow these limits, so they may not apply to you.

11. Indemnity

You agree to indemnify us against claims arising from your misuse of the Service, Your Content, or your breach of these Terms, to the extent permitted by law.

12. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or end your access if you breach these Terms or if required by law. Sections that by their nature should survive termination will survive.

13. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Disputes will be resolved exclusively in the state or federal courts located in Delaware, and you and we consent to their jurisdiction. If you are a consumer in a country whose law gives you the right to bring proceedings in your local courts or to rely on mandatory local consumer protections, nothing in these Terms limits those rights.

14. Apple App Store users

• These Terms are between you and us, not Apple. Apple is not responsible for the App or its content.
• Your license to use the App is limited to Apple-branded devices you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• Apple is not responsible for addressing any claims relating to the App, including product liability, legal or regulatory compliance, or consumer protection claims.
• Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the App infringes intellectual property rights.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. Changes to these Terms

We may update these Terms. If changes are significant, we will notify you in the App or by email before they take effect. Continuing to use the Service after the changes take effect means you accept them.

16. Contact

Tech With You · support@gemidentify.app