General
- Welcome to Gemma ("the Platform" or "the App"). Gemma is a platform built first for jewelry sellers — a branded online store, an AI photo studio, AI marketing tools and analytics — and also a consumer marketplace where shoppers discover and buy from those sellers.
- These Terms of Service ("Terms") govern use of the Platform. They apply to everyone who uses Gemma, but they are written primarily as the agreement between Gemma and its Sellers (our paying customers). Provisions specific to consumers/shoppers are set out in Section 13.
- By creating an account or using the Platform, you agree to these Terms and to our Privacy Policy, which is an integral part of these Terms. If you do not agree, do not use the Platform.
- Operator & business details: The Platform is operated by Gemma, HaRodion 6, Kochav Yair, Israel. Phone: 054-648-2824. Email: gemmafind.team@gmail.com.
1. Definitions
- "Gemma" or "the Platform": the web application and all its pages, content, features and services — the Seller tools (branded Storefront, AI photo studio, AI marketing tools, catalog management, analytics), the AI recommendation and search systems, and the consumer Marketplace.
- "Seller" or "Business User" ("you", "the Customer"): a business or individual that registers a business account to sell jewelry through the Platform. Sellers are the primary customers of the Platform.
- "Consumer" or "Shopper": a user who browses or buys Items on the Marketplace.
- "Marketplace": Gemma's consumer-facing area where shoppers discover and purchase Items offered by Sellers.
- "Storefront": a Seller's branded store hosted on Gemma (for example, gemmafind.com/yourbrand).
- "Items": jewelry products offered for sale on the Platform by Sellers.
- "Plans": Gemma's paid subscription tiers. "Credits": prepaid digital usage units consumed by certain AI generations.
- "Marketplace Commission": the fee Gemma charges a Seller on a sale made through the Marketplace, as set out in the Seller's Plan; charged to the Seller and never to the consumer.
- "Payment Processor": the third-party payment service provider (Grow / Meshulam) used to process payments.
2. The Agreement Is With You, the Seller
- These Terms are primarily an agreement between Gemma and the Seller. The individual who opens the account is the contracting party and represents that they are authorized to bind the business on whose behalf they act.
- You are responsible for all activity under your account and for keeping your credentials secure.
- Changes: we may update these Terms from time to time; the last-updated date appears above. For material changes we will endeavor to post notice on the Platform in advance. Continued use after an update constitutes acceptance.
3. Eligibility & Account Registration
- To register or purchase, you must be at least 18 years old and have the legal capacity and authority to enter into these Terms (including on behalf of your business).
- You must provide accurate registration information and keep it up to date, and use a secure password (minimum 8 characters).
- You may not use the Platform if you are barred from doing so under applicable law or under the policies of our payment or advertising partners (e.g., a business previously terminated by such a partner).
4. The Services
- Gemma provides Sellers with: a branded Storefront; an AI Photo Studio (product imagery, on-model shots, retouching); AI marketing tools (content, captions, planning); catalog management and analytics; and listing of Items in the consumer Marketplace.
- Some features require a paid Plan or Credits (Section 5). We may add, change, or remove features at our discretion.
5. Plans, Credits, Fees, Billing & Taxes
- Plans: paid subscription tiers (e.g., Pro, Business), purchased monthly or annually.
- Credits: prepaid digital units consumed by certain AI generations; may be included with a Plan and/or bought separately as one-time top-ups; they are a digital product with no cash value.
- Prices & VAT: prices are presented at purchase. Charges are made in New Israeli Shekels (₪) and include VAT as required by law (unless stated otherwise for business transactions). A receipt/invoice is issued for each payment as required by law.
- Payment Processor: payments are processed by a third-party provider (Grow / Meshulam). Card details are entered and handled on the processor's secure systems; Gemma does not store full card numbers. Your use of the payment service is also subject to the processor's terms.
- Auto-renewal: subscriptions renew automatically at the end of each cycle (monthly or annual) using your saved payment method, at the then-current price, until cancelled. By subscribing you authorize these recurring charges; we will make commercially reasonable efforts to notify you of material price changes in advance.
- Failed payments: if a renewal charge fails, we may retry, suspend, or downgrade the paid features until payment is completed.
- Taxes: you are responsible for your own income tax and VAT, and for any tax due on your sales.
6. Cancellation & Refunds
- Cancelling a subscription: you may cancel at any time through your account settings or by contacting us at the details in Section 22. Cancellation stops future renewals; it takes effect within 3 business days of your notice (6 business days if sent by registered mail), or on a later date you specify. After cancellation you will not be charged for subsequent cycles.
- Current paid period: unless the law requires otherwise, cancellation applies going forward; you retain access until the end of the period already paid for, and the fee for the current period is generally non-refundable. Where the law on continuous transactions applies, you are charged only for the proportional (pro-rata) use actually made.
- Statutory cooling-off (distance sale): to the extent the Consumer Protection Law, 5741-1981 applies to you, you may cancel a distance transaction within 14 days, subject to a cancellation fee of up to 5% of the transaction or NIS 100 (whichever is lower), and subject to the exceptions in the Consumer Protection Regulations (Cancellation of a Transaction), 5771-2010.
- Credits (digital content): Credits are "information" within the meaning of the Computers Law, 5755-1995, and are excluded from the statutory return right under the Cancellation Regulations. Credits that have already been used are non-refundable; unused Credits are non-refundable but remain available for use while your account is active and until their expiry, if any.
- How refunds are made: approved refunds are made to the original payment method through the Payment Processor within the timeframe required by law.
- Nothing in this Section derogates from any mandatory right you may have under applicable consumer-protection law.
7. Supply / Provision of the Service
- The paid Services are digital and are supplied online — there is no physical product and no shipping. Access to subscription features and/or purchased Credits is generally made available in your account immediately upon confirmation of payment, and no later than a reasonable time thereafter.
- If, for technical reasons, the service or Credits are not made available after a successful payment, please contact us at the details in Section 22 and we will make them available or refund the relevant payment.
8. Marketplace Commission
- For sales made through the Gemma Marketplace (sales Gemma brings you), Gemma charges the Seller a Marketplace Commission on the sale value, as set out in your Plan (currently 15% / 8% / 3% for the Free / Pro / Business plans). The commission is charged to the Seller and never to the consumer.
- Sales you make on your own Storefront through your own connected payment provider (Section 11) are not charged a Marketplace Commission.
9. Seller Obligations & Catalog
- You must keep your listings, prices, availability and inventory accurate. You are solely responsible for your goods, fulfillment, customer service, returns, cancellations and warranty to your customers.
- Prohibited products: you may not upload or sell counterfeit, IP-infringing or stolen items, goods that are illegal or restricted for sale in Israel, or products barred by law or by the policies of our payment or advertising partners.
- Compliance: you represent that your Items and business comply with applicable law — including labeling, standards, hallmarking and disclosure obligations where relevant — and that you can provide proof on request.
10. Your Content, IP & AI-Generated Assets
- You retain ownership of the content you upload (images, text, descriptions, etc.). You grant Gemma a non-exclusive, worldwide, royalty-free license to host, store, display, adapt (e.g., resize/compress/convert) and process that content — including through the AI features — to provide, operate, market and improve the Services.
- You represent and warrant that you own or are properly licensed to use all content you upload and that it does not infringe any third-party rights.
- AI outputs: outputs from the AI Studio and marketing tools are generated automatically. We do not warrant their accuracy, fidelity, or that they are free of third-party rights; review them before use, and you are responsible for how you use them.
11. Seller-Operated Payments (Grow / Meshulam)
- Gemma may let you connect your own payment provider account (e.g., Grow / Meshulam) to accept payments from your customers on your Storefront. Where you do so, the sale is solely between you and your customer.
- You are the merchant of record for those sales and are solely responsible for connecting and operating the payment integration, and for the transaction and its charging, supply/delivery, invoicing, customer service, returns, cancellations, refunds, chargebacks, warranty, and your own legal compliance (including your own store terms, consumer-protection and tax obligations). Your use of the provider is governed by your own agreement with it.
- Gemma is not a party to these transactions, does not process or hold the funds, and charges no commission on them. Gemma may introduce such fees in the future, in which case you will be notified in advance and they will apply on a going-forward basis only.
12. Integrations (Shopify / Wix / WooCommerce / Instagram)
You may connect third-party platforms (such as Shopify, Wix, WooCommerce and Instagram) with your authorization and at your responsibility, subject to those third parties' own terms and policies. Gemma is not responsible for outages, API changes or third-party limitations, and is not liable for the acts of those third parties. By connecting an integration you authorize the data exchange needed to enable it.
13. The Marketplace & Consumers
- Items are offered for sale by Sellers. A Marketplace purchase is a transaction between the consumer and the Seller, who is the merchant of record; Gemma is not a party to it, does not issue invoices to the consumer, and is not responsible for the seller's fulfillment/delivery, returns, cancellations, warranty or customer service.
- Consumers are never charged a Marketplace Commission or any Gemma fee.
- Discovery: AI recommendations and search are algorithmic suggestions based on visual similarity and interactions; they are not professional advice or a guarantee of quality. Shoppers are encouraged to compare prices and verify product details with the seller before purchasing.
- Guest users may browse without registration; guest data is handled per the Privacy Policy and may be removed after a period of inactivity.
14. Acceptable Use
- You must not make any illegal or unauthorized use of the Platform, including: infringing intellectual-property or other rights; fraud or scams; harassment or unlawful content; distributing malware; unauthorized access to servers/databases; scraping or automated data extraction; reverse-engineering or bypassing security; manipulating clicks, referrals or reviews; misusing the AI tools; or impersonating a seller or Gemma.
- We may remove content and suspend or terminate accounts for violations, as set out in Section 18.
15. Gemma's Intellectual Property
- The Platform, its software, templates, design and "look and feel", logos and marks are owned by Gemma or licensed to it. You receive a limited, revocable, non-transferable license to use the Services; no other rights are granted. You may not copy, resell, or reverse-engineer the Platform.
- Notice and takedown: if you believe content on the Platform infringes your rights or is otherwise unlawful, report it to gemmafind.team@gmail.com and we will handle it within a reasonable time.
16. Warranty Disclaimer & Limitation of Liability
- The Services are provided on an "AS-IS" and "AS-AVAILABLE" basis. We endeavor to provide the Services reliably but do not warrant that they will be uninterrupted or error-free, or that AI-generated outputs will meet a specific expectation, quality, or business result. Gemma and anyone acting on its behalf shall not be liable for any direct or indirect damage caused as a result of using the Services, the Platform, or any content obtained through them; reliance on the Services and their content is at the user's sole responsibility.
- To the maximum extent permitted by law, Gemma's aggregate liability in connection with the Services shall not exceed the total amounts actually paid by you to Gemma for the Services in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms derogates from mandatory rights under applicable law.
17. Indemnification
You will indemnify and hold Gemma harmless from any claims, damages, losses or expenses arising from your content, your Items, your conduct, your taxes, your breach of these Terms, or your violation of any law or third-party right.
18. Suspension & Termination
- You may stop using the Platform and cancel your subscription per Section 6. Gemma may suspend, limit or terminate access — with or without notice — for breach of these Terms, risk, suspected fraud, legal requirements, or violation of our payment/advertising partners' policies.
- On termination, access to the Services ends, unused Credits expire, and outstanding fees remain due. Sections that by their nature should survive termination do so — including Definitions, Fees due, Intellectual Property, Warranty Disclaimer & Limitation of Liability, Indemnification, and Governing Law.
19. Changes to the Terms & the Service
We may update these Terms and change, suspend or discontinue the Services (in whole or in part) at our discretion. For material changes to the Terms we will endeavor to post notice on the Platform in advance. Continued use after a change constitutes acceptance of the updated Terms.
20. Governing Law & Jurisdiction
- These Terms are governed exclusively by the laws of the State of Israel, and the competent courts of Tel Aviv-Yafo shall have exclusive jurisdiction over any dispute.
- If any provision is found invalid, the remaining provisions continue in effect. Failure to enforce a right is not a waiver of it.
- These Terms may be available in additional languages for convenience; in the event of conflict, the Hebrew version prevails. Nothing in these Terms derogates from rights granted to consumers under cogent law.
21. Accessibility
We work to make the Platform accessible to all users. If you encounter an accessibility issue, please contact us at gemmafind.team@gmail.com.
22. Contact
For any question, clarification, request or complaint regarding these Terms, please contact us:
Gemma
HaRodion 6, Kochav Yair, Israel
Phone: 054-648-2824
Email: gemmafind.team@gmail.com