Gemma Terms of Service

General

Thank you for choosing to use Gemma ("the Platform" or "the App"), an AI-powered jewelry discovery and referral platform.
The Platform is designed to help users discover jewelry through personalized AI-driven recommendations, semantic search, and curated collections from partner sellers.
Use of the Platform and the content displayed therein is subject to the terms set forth in this document ("Terms of Service" or "Terms").
Please read these Terms carefully, as browsing and using the Platform constitutes full agreement to them.
If you do not agree to any of these Terms, you must refrain from using the Platform.
The Privacy Policy of the Platform (detailed separately) is an integral part of these Terms, and by using the Platform you also express your agreement to the Privacy Policy.
Platform Operator: The Platform is operated by Gemma. For inquiries, contact us at gemmafind.team@gmail.com.

1. Definitions

"The Platform" or "Gemma": The web application and all its pages, content, features, and services, including the AI recommendation system, search functionality, discovery interface, referral links, and related features.
"User": Any individual or entity who visits, browses, or makes any use of the Platform and its content, whether directly or indirectly, including Guest Users, Registered Users, Business Users, and Administrators.
"Guest User": A user who accesses the Platform without creating an account, automatically assigned a temporary anonymous identifier.
"Registered User" or "Consumer": A user who has created an account on the Platform.
"Business User" or "Seller": A user who has registered a business account to upload and sell jewelry items through the Platform.
"Seller Terms": A separate document applicable to business users/sellers, available at: Seller Terms, and which forms part of these Terms with respect to Sellers.
"Platform Management": The owners and/or operators of the Platform and anyone acting on their behalf, responsible for managing and operating the Platform.
"External Website" or "Third Party": Any website, service, or other entity not under the control of Platform Management, including external seller stores linked from the Platform.
"Items": Jewelry products displayed on the Platform, uploaded by Business Users or sourced from partner collections.
"Referral": Redirecting a user to an external seller's website or platform.

2. Agreement to Terms of Use

Agreement to Terms: Browsing the Platform and using it indicate your agreement and approval of the full Terms of Service. If you do not agree to any term in these Terms, you must refrain from using the Platform.
Changes to Terms: Platform Management reserves the right to update and change these Terms from time to time, at its sole discretion. The last update date will be noted at the beginning of these Terms. Continued use of the Platform after updating the Terms constitutes agreement to the updated terms. If a material change is made to the Terms, Platform Management will endeavor to publish a notice on the Platform within a reasonable time before the change takes effect.
Use of the Platform: The Platform may be accessed from any device (computer, mobile phone, tablet, etc.) and is provided as-is. Platform Management may restrict or block access to the Platform for users who do not comply with the Terms or as required by law, in accordance with Section 9 below.
Additional Seller Terms: Opening a business/seller account or using business features on the Platform constitutes agreement to the Seller Terms as well. In the event of a conflict between these Terms and the Seller Terms, with respect to a Seller, the Seller Terms shall prevail.

3. Platform Purpose and Services

Nature of Service: Gemma is an AI-powered jewelry discovery platform that provides personalized recommendations, semantic search capabilities, and curated collections. The Platform uses machine learning models to tailor recommendations and search results to user preferences.
Discovery Features: Users can discover jewelry through a swipe-based interface (like, dislike, superlike), text-based semantic search, trending items, and style-based filtering across 18+ style categories.
Marketplace Features: The Platform connects users with jewelry sellers. Purchases are currently completed on external seller websites only. If in-platform purchase/payment becomes available in the future, these Terms will be updated. Gemma is not a party to the transaction, does not process payments, does not issue invoices to consumers, and is not responsible for customer service, fulfillment/delivery, returns, or warranties of third parties.
AI Recommendations: The Platform uses AI to build personalized style profiles based on user interactions. These recommendations are algorithmic suggestions based on visual similarity and should not be considered professional advice or guarantees of quality.
No Warranty regarding Availability, Price, or Accuracy: While the Platform facilitates discovery and connection with sellers, Platform Management does not manufacture, sell, or guarantee the quality, authenticity, accuracy, fitness for purpose, or availability of any jewelry items. Purchases are completed directly with third-party sellers under their own terms and conditions.
Guest User Experience: Guest users can access the Platform without registration. Guest data is stored temporarily and may be converted to a permanent account upon registration. Guest accounts inactive for 30 days may be automatically removed.
Referral and Commission Model: Gemma generates revenue through partnerships with sellers. When users click on external links to seller websites or complete purchases through referenced sellers, the Platform may receive a referral commission from the seller. This usually does not affect the price paid by users, but depends on the seller's terms. For the purpose of measuring referrals and commissions, we (or our partners) may use identifiers or parameters in the links. Users are encouraged to compare prices and verify product details directly with sellers before making purchases.
Disclosure: Some links on the Platform are affiliate/referral links. Gemma may be compensated for interactions with these links. This disclosure is provided to ensure transparency regarding our business model.
Future Payments: Currently, the Platform does not process payments directly. If payment or purchase services are added in the future, these Terms will be updated, and relevant policies (cancellations, refunds) will be displayed in accordance with the law.

4. User Accounts

Account Types: The Platform supports Guest Users (anonymous browsing), Consumers (registered individual users), Business Users (sellers), and Administrators.
Registration: Creating an account requires providing accurate information including email address and password. Users are responsible for maintaining the confidentiality of their account credentials.
Account Security: Users must use a secure password (minimum 8 characters) and must not share their login credentials. Users are responsible for all activities that occur under their account.
Guest to Registered Conversion: Guest users who register will have their interaction history, preferences, and any saved items transferred to their new registered account.
Business/Seller Account: Opening a business account and using business features are subject to the Seller Terms, including providing accurate business information and seller obligations as set forth therein.

5. Use of the Platform

Free Access: Basic access to the Platform is free and does not require payment from users for browsing, discovering, and interacting with jewelry items.
Personal and Legitimate Use Only: Consumers/Guests may use the Platform for personal, non-commercial purposes only, subject to all applicable laws and these Terms. Commercial use of the Platform is permitted only for Sellers and subject to the Seller Terms. Scraping or automated access is prohibited without explicit written permission from Platform Management.
Prohibited Activities: Users must not engage in any illegal or unauthorized use of the Platform. This includes but is not limited to: unauthorized access to servers or databases, disruption of Platform operation, use of automated tools (robots, spiders, scrapers) to extract data, attempts to bypass security mechanisms, or distribution of malware or harmful content. Specific to the open nature of the marketplace, users must not: submit fake reports to harm sellers, impersonate sellers, manipulate clicks or referrals, or scrape catalogs at scale.
Respectful Conduct: Users must not post or transmit content that is defamatory, harassing, privacy-violating, offensive, inciting, or illegal. Platform Management may remove such content and suspend or terminate accounts.
AI and Data Use: By using the Platform, you consent to the collection and processing of your interaction data (likes, dislikes, searches, views) for the purpose of improving recommendations and Platform services.

6. Use by Minors

Parental Consent: Use of the Platform by minors (under age 18) is conditional upon consent from a parent or legal guardian. Minors may browse the Platform only after their parent or legal guardian has reviewed these Terms and approved their use.
Parental Responsibility: Platform Management bears no responsibility for use of the Platform by minors without appropriate consent. Such responsibility lies with the parents or guardians. Minors (or their parents/guardians) waive in advance any claim against Platform Management regarding the minor's use of the Platform.
Age-Appropriate Content: Platform Management endeavors to ensure that the Platform does not contain content inappropriate for minors. We employ reporting and removal mechanisms for inappropriate content, but cannot guarantee that all content will be suitable for all audiences at all times.

7. Intellectual Property

Platform Ownership: All rights, including intellectual property rights (copyrights, trademarks, trade secrets, patents, etc.) in the Platform content and all its components - including design, text, images, graphics, video, source code, databases, logos, and marks - are the property of Platform Management or have been properly licensed.
Permitted Use: For Consumers/Guests - browsing the Platform and using its content is permitted for personal, non-commercial purposes only. For Sellers - commercial use is permitted within the scope of Business Services and subject to Seller Terms. Nothing in the use of the Platform grants the user any right in the Platform content.
Prohibition on Distribution and Copying: Users may not copy, distribute, reproduce, publish, broadcast, make available to the public, process, translate, sell, or make any commercial use of any content appearing on the Platform without explicit prior written permission from Platform Management.
User-Generated Content: By uploading content to the Platform (including but not limited to images, reviews, or profile information), users grant Platform Management a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content for the purpose of providing, operating, marketing, and demonstrating the Platform and its services.
Third-Party Content: Where the Platform displays content belonging to third parties (such as product images from sellers), the intellectual property rights in such content remain with their original owners.
Notice and Takedown: If you believe that any content on the Platform infringes your rights or is offensive, counterfeit, or illegal, please report it to us at gemmafind.team@gmail.com. We undertake to handle such reports within a reasonable time.

8. Liability and Limitation of Liability

AS-IS: The Platform, its content, and the services offered are provided as-is, without any commitment from Platform Management. The content is general and not tailored to the specific needs of each user. Platform Management makes no representation or warranty that the content will be accurate, complete, up-to-date, or meet user expectations. User reliance on Platform content is at their sole responsibility.
No Liability for Damages: Under no circumstances shall Platform Management be liable for any direct, indirect, consequential, special, or other damages caused to the user or any third party due to use of the Platform, inability to use the Platform, or reliance on its content.
AI Recommendations: The AI-powered recommendations are algorithmic suggestions based on user interactions and visual similarity. They do not constitute professional advice, endorsement of product quality, or guarantee of user satisfaction.
Third-Party Transactions: Platform Management is not a party to transactions between users and third-party sellers. All purchases are made directly with the seller under their terms. Platform Management bears no responsibility for product quality, authenticity, shipping, returns, or any disputes arising from such transactions. Gemma does not adjudicate disputes between users and sellers; however, we reserve the right to remove a seller or forward complaints at our discretion.
External Links: The Platform may contain links to external websites. Clicking on such links and visiting external sites is the user's responsibility. Platform Management is not responsible for the content, privacy practices, or operations of external websites.
Service Interruptions: Platform Management endeavors to maintain Platform availability but does not guarantee uninterrupted service. Platform Management is not liable for any interruptions, errors, or technical failures.
Indemnification: Users agree to indemnify and hold harmless Platform Management from any claims, damages, losses, or expenses arising from their violation of these Terms or any applicable law.

9. Changes and Termination of Service

Platform Changes: Platform Management reserves the right to make changes and updates to the Platform at any time, including to the services and content offered, Platform structure, appearance, design, scope, and availability of information, as well as any other technical or content aspect - all at its sole discretion and without prior notice. For material changes, we will endeavor to publish a notice on the Platform.
Service Termination: Platform Management may, at any time and at its discretion, terminate Platform operations, in whole or in part, temporarily or permanently.
User Blocking: Platform Management may block user access to the Platform, prevent their use, limit their activity, or revoke their usage permission - with or without notice, at its discretion - if the user has violated the Terms or engaged in conduct that harms or may harm Platform Management, other users, or any third party. We are entitled to remove, edit, or restrict content or accounts at our discretion, even without prior notice, for compliance with law or protection of users.

10. Accessibility

We operate to make the Platform accessible to all users. If you encounter an accessibility issue, please contact us at gemmafind.team@gmail.com.

11. Governing Law and Jurisdiction

Language Precedence: These Terms may be available in additional languages for convenience only. In the event of any conflict between versions, the Hebrew version shall prevail.
Governing Law: These Terms, their interpretation, existence, and application, as well as any dispute or legal issue arising from them or from user use of the Platform, shall be governed exclusively by the laws of the State of Israel.
Jurisdiction: The competent courts in Tel Aviv-Yafo shall have exclusive jurisdiction to hear any dispute, claim, or lawsuit relating to these Terms and/or arising from use of the Platform.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
No Waiver: Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Reservation of Rights: These Terms supplement any rights and remedies available to Platform Management under any law and do not detract from user rights under applicable law. In case of conflict between these Terms and mandatory legal provisions, the legal provisions shall prevail. Nothing in these Terms shall derogate from rights granted to consumers under cogent law.

12. Contact

For any questions, clarifications, requests, complaints, or comments regarding these Terms of Service, please contact us at: gemmafind.team@gmail.com