Terms of Service

1. Agreement

These Terms of Service (“Terms”) are a binding agreement between you and gemlist (“gemlist,” “we,” “us”) covering the gemlist app and website (the “Service”). By creating an account or using the Service you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility and your account

You must be at least 16 years old (or older where your local law requires) and able to form a binding contract. You are responsible for your account: keep your credentials safe, keep your account information accurate, and tell us promptly at contact@thegemlist.com if you suspect unauthorized access. One account per person; accounts are not transferable.

3. Your content

You own it. Notes, ratings, photos, clips, voice memos, and every memory you save remain yours. You grant us only the limited, non-exclusive license needed to host, store, process, transmit, and display that content back to you and to anyone you choose to share it with through the Service. This license exists solely to operate the Service and ends when you delete the content or your account, except for brief persistence in encrypted backups.

You are responsible for it. Only upload content you have the right to use. Do not upload content that is unlawful, infringes someone else's rights, or harasses, threatens, or exploits anyone.

4. Acceptable use and community safety

Do not: misuse, probe, or disrupt the Service or its security; access it with automated tools or scrape other users' content; impersonate any person; attempt to access another user's account or data; forge or manipulate Gemcodes or verification status; resell the Service; or use it to violate any law.

Zero tolerance for objectionable content and abuse. Where gemlist lets you share content with other collectors — profiles, usernames, photos, tagged memories, and anything else another person can see — you may not post content that is abusive, harassing, threatening, hateful, sexually exploitative, violent, or otherwise objectionable, and you may not use the Service to abuse other users. There is no tolerance for this. We may remove such content and suspend or permanently eject the responsible account at any time, without prior notice.

Report and block. You can report any collector from their profile and block anyone at any time; blocked collectors cannot see or interact with you. We review reports of objectionable content promptly — our goal is within 24 hours — and act on them, including removing content and ejecting offending users.

5. Gemcodes and official content

Gemcodes, official gems, artist names, venue names, and event metadata may be provided by or refer to third parties. They are offered for your personal, non-commercial use within the Service. Verification statuses reflect our records at the time and are not a guarantee or endorsement by any artist, venue, or promoter.

The website's interactive tour uses fictional sample memories to show how features work. These examples are not verified attendance records or current event listings.

6. Service availability

Features may change, be interrupted, or be removed as gemlist develops. We work hard to protect your collection, but you should keep your own copies of irreplaceable media. You can request a copy of your data by contacting contact@thegemlist.com.

7. Our property

The Service itself — the gemlist name, logo, gem artwork, design, and software — is owned by gemlist and protected by intellectual-property laws. We grant you a personal, non-exclusive, non-transferable, revocable license to use the app on your devices. These Terms transfer none of our rights to you beyond that license.

8. Termination

You can stop using gemlist and delete your account in Settings at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the Service — in which case we will give reasonable advance notice and the opportunity to export your collection. Sections 3 (your ownership), 9, 10, and 11 survive termination.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT CONTENT WILL NEVER BE LOST. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS, SO THEY MAY NOT FULLY APPLY TO YOU.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, gemlist AND ITS OPERATORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AND (B) USD $50. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

11. Indemnification

You will defend and hold harmless gemlist and its operators from claims, damages, and reasonable expenses (including legal fees) arising from content you upload, your use of the Service in violation of these Terms, or your violation of any law or third-party right.

12. Governing law and disputes

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws rules, and disputes will be resolved in the state or federal courts located in Miami-Dade County, Florida. These Terms bind gemlist's operator and any legal entity that later succeeds it. Before filing any claim, you agree to contact us at contact@thegemlist.com and give us 30 days to try to resolve it informally.

13. Changes to these Terms

If we make a material change, we will notify you in the app before it takes effect. Continued use after the effective date means the updated Terms apply. If any provision is found unenforceable, the rest remain in effect; these Terms and the Privacy Policy are the entire agreement between us about the Service.