Terms of use

(Last Updated: February 6, 2025)

These Terms of Use (“Terms”) govern the relationship between you (“you” or “user”) and Marketspace Solutions OU, a company duly incorporated and existing under the laws of the Republic of Estonia, having its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-301, 10152 (“Publisher” and “Administrator”), regarding your use of the Gem Space (“Platform”).

These Terms include this document, any appendices hereto, the Privacy Policy, and any other documents referenced within the Terms or the Platform. These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire and exclusive agreement between you and Marketspace Solutions OU regarding your use of the Platform. They supersede and replace any and all prior or concurrent oral or written understandings or agreements between you and us relating to the subject matter herein.

General

Definition and Scope of the Platform

The Platform refers collectively and individually to all versions of Gem Space, including but not limited to the web version, Android application, and iOS application. These Terms apply uniformly to all versions, regardless of the method of access.

The web version of the Platform is available at https://web.gemspace.com/ and may provide a different set of features compared to the mobile applications. The mobile applications, available for download on official application marketplaces, offer the full range of Platform functionalities.

By accessing or using any version of the Platform, you acknowledge and agree to be bound by these Terms.

Functionality and Limitations

The Platform provides communication and interactive features, including but not limited to:

Sending and receiving messages, photos, and attachments.
Making voice and video calls.
Subscribing to and interacting with bots and channels.
Managing user settings, notifications, and privacy preferences.

The availability and performance of specific features may vary depending on the version used. Certain functionalities may be restricted in the web version compared to the mobile applications.

We reserve the right to add, remove, or modify any features at our sole discretion. Continued use of the Platform after any such modifications constitutes acceptance of the changes.

Cross-Platform Access and Synchronization

The Platform is designed for use across multiple devices and operating systems. Depending on the version being used:

Some features may be exclusive to mobile applications, such as push notifications or system integrations.
The web version may require QR code authentication or other security measures for login.
Messages, media, and account settings may be synchronized across all versions, but we do not guarantee full synchronization at all times.

We are not responsible for data loss, service interruptions, or feature inconsistencies that may arise due to the use of different versions of the Platform.

Technical Requirements and Compatibility

To use the Platform, you must have a compatible device, a stable internet connection, and a supported web browser or operating system. You are solely responsible for ensuring that your hardware and software meet the necessary technical requirements.

We do not guarantee that the Platform will function optimally on all devices, operating systems, or browsers. Performance may be affected by external factors such as network stability, hardware limitations, or software conflicts.

We assume no responsibility for any loss, malfunction, or damage resulting from incompatibility, insufficient system requirements, or third-party software interference.

Platform Updates and Service Modifications

We reserve the unilateral right to update, modify, restrict, suspend, or discontinue any part of the Platform at any time, with or without prior notice. This includes but is not limited to:

Modifications to features, functionalities, and design.
Changes to system requirements and supported devices.
Security updates and performance enhancements.

These updates may require you to install new versions of the application or adjust your settings to maintain full functionality. Failure to install updates may result in limited access, degraded performance, or inability to use certain features.

We are not liable for any losses, inconvenience, or inability to access the Platform due to system updates, maintenance, or modifications. Your continued use of the Platform after such updates constitutes acceptance of the changes.

By using the Platform, you acknowledge that you are not entitled to any specific features, functionalities, or service guarantees, and we may modify or discontinue any aspect of the Platform at our sole discretion without liability to you.

Your age

Minimum Age for Access

To use the Platform, you must meet the minimum age requirements established under applicable laws in your country of residence.
If you reside in:

The European Union (EU) – You must be at least 18 years old to access and use the Platform.
The United States (US) – You must be at least 13 years old, except where state or federal law requires a higher minimum age.
Other Countries – You must be at least 13 years old, unless the laws of your country require a higher minimum age for online services.

Compliance with Local Laws

You are solely responsible for ensuring that your use of the Platform complies with the laws and regulations of your country of residence.
If the minimum legal age in your jurisdiction is higher than the ages listed above, you must comply with your local laws.

Parental or Legal Guardian Consent

Use of the Platform is strictly prohibited for individuals who have not reached the required minimum age as outlined in these Terms and applicable local laws.
If you are under the required age, you may not register for, access, or use the Platform under any circumstances, even with parental or legal guardian consent.
We reserve the right to verify user age at any time and may request official proof of age.
If we determine that a user is below the required age, we may, at our sole discretion, immediately suspend or terminate the account without prior notice and without the possibility of restoration.
Any attempt to bypass these age restrictions, including by providing false information or using another person’s credentials, will be considered a violation of these Terms and may result in legal consequences.

Verification and Enforcement

We reserve the right to request proof of age or legal capacity at our discretion.
If you fail to provide the requested verification, we may:

Deny your registration.
Restrict or remove your access to the Platform without prior notice and without the possibility of account restoration.

Liability Disclaimer

You acknowledge and agree that we are not responsible for verifying the age of users beyond reasonable measures.
If you misrepresent your age, you assume full responsibility for any legal consequences that may arise from your use of the Platform.

Registration

To create an account, you must register for our Services using your phone number or an authorized third-party authentication method, such as Google or Apple ID.

By registering, you agree to receive text messages and phone calls (from us or our third-party providers) with verification codes to confirm your registration and access our Services. If you choose to register using a third-party authentication service (e.g., Google or Apple ID), you authorize us to collect, store, and use information associated with that account in accordance with our Privacy Policy.

To use the Platform, you must complete the registration process by providing the required data in the registration form in the App, including but not limited to:

Telephone number
Geo-location
User name
Nickname
Other data as required in the form

We may request additional data at our discretion to complete the registration process. If you fail to provide the requested information, we reserve the right to deny your registration.

After submitting your data, we verify your phone number by providing you with a verification code. You will receive a notification once your registration is successfully completed.

By registering with the Platform, you confirm that:

The information you provide is accurate, up-to-date, and complete. We reserve the right to request additional information to verify its accuracy. If your information changes, you must update it through your account settings.
You have a compatible device, software, internet connection, and any other technical requirements necessary to use the Platform. We are not responsible for any technical issues preventing your access to or use of the Platform.
You have paid all fees and taxes associated with your use of the Platform. We do not cover or assume responsibility for such payments.
You do not violate any laws or third-party rights by providing the information required for registration.
You accept and agree to comply with these Terms personally and may not assign any rights or obligations under these Terms to third parties.

If you do not meet the above requirements, we reserve the right to limit or remove your access to the Platform without prior notice and without the possibility of restoration.

We may charge fees for the use of the Platform or certain services. In such cases, you are solely responsible for all associated fees and taxes.

Upon registration, a personal account will be created for you on the Platform. Your account allows you to:

Adjust Platform settings, including notifications
Change your username and nickname
Manage contacts and shared media
Access and modify your block list
Use other functionalities available within the Platform

Completing your registration, you are solely responsible for maintaining the confidentiality of your account credentials. You are also responsible for any actions taken through your account. If you suspect unauthorized access or a security breach, you must notify us immediately at support@gemspace.com.

You may not sell, rent, lease, transfer, assign, or otherwise provide access to your account to any other person or entity without our express written permission. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If we suspect account misuse, we reserve the right to suspend or terminate your account immediately.

Compliance with the Digital Services Act (DSA)

Regulatory Framework

The Digital Services Act (DSA) (Regulation (EU) 2022/2065) establishes a harmonized legal framework for digital service providers operating in the European Union (EU).

As a digital service provider, we ensure compliance with the DSA and maintain transparency in the following areas:

Content restrictions on the Platform.
Content moderation policies and enforcement actions.
Measures against abuse and appeal processes for users.
Recommender systems used by the Platform.
Contact details for DSA-related inquiries.
Monthly active EU user reporting requirements.

For EU-based users, this section is an integral part of these Terms.

Contact Information for DSA Compliance

Regulatory Authorities Contact (Article 11)

The Platform has designated a single point of contact for communications with Member States’ authorities, the European Commission, and the Digital Services Board.

Email: support@gemspace.com

User Contact

Users may contact us regarding any service-related inquiries, legal matters, or complaints.

Email: support@gemspace.com

Legal Representation

The Platform is operated by Marketspace Solutions OU, an Estonian-registered company that meets the EU establishment requirement. Therefore, no external Digital Services Representative (EDSR) is required.

Prohibited Content & Activities

The following activities are strictly prohibited on the Platform:

Spam & Commercial Harassment – Unsolicited advertisements, fraudulent schemes, pyramid schemes.
Hate Speech & Violence – Inciting harm, discrimination, terrorism, or glorification of violent acts.
Illegal Sexual Content – Child sexual abuse materials (CSAM), non-consensual sexual materials, bestiality.
Criminal Activities – Drug trafficking, human exploitation, sale of counterfeit goods, doxing, fraud.
Misinformation & Manipulation – Fake news, impersonation, AI-generated deepfakes intended to mislead.

Violations of these policies may result in immediate account suspension or permanent removal from the Platform.

Notice and Action Mechanisms

Users and regulatory authorities may report illegal content using the in-app reporting tool or by contacting:

Email: support@gemspace.com

Reports must include:

A description of the violation.
A URL/link to the content.
The reporting user’s contact details for follow-up.
False or malicious reports may result in account penalties.

Content Moderation & Enforcement (Articles 17-18)

If content is removed due to a violation, the user will receive:

A statement of reasons for the enforcement action.
Instructions on how to appeal the decision.
If content is suspected of violating criminal laws, we will report it to relevant law enforcement authorities.

Transparency & Compliance Reporting

Transparency Reports (Article 15)

As a micro-sized provider, we are not required to publish annual content moderation reports.

Reporting Monthly Active EU Users (Article 24)

We report monthly active users in the EU to regulatory authorities upon request.

If the Platform exceeds 45 million active EU users, we will comply with Very Large Online Platform (VLOP) obligations.

Recommender Systems & Algorithmic Transparency

The Platform does not use algorithmic amplification for content promotion. Our search system prioritizes:

Verified accounts and channels.
Channels with the highest subscriber count.
Content relevant to the user’s country.

No personalized content recommendations are used.

Intellectual property

Ownership

The Platform, including but not limited to its software code, logo, trademarks, graphics, design, user interface, and all associated content, constitutes our proprietary information and intellectual property, protected under applicable copyright, trademark, trade secret, and other intellectual property laws.
We retain sole and exclusive ownership of all rights, title, and interest in the Platform and all related materials.
Unauthorized use is strictly prohibited. You may not, under any circumstances:

Reverse engineer, decompile, disassemble, modify, or attempt to extract the source code of the Platform.
Create derivative works based on the Platform or any part of its components.
Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in the Platform.
Use, reproduce, or distribute the Platform beyond what is expressly permitted under these Terms.

Any violation of this provision shall be considered a substantial breach of the Terms, entitling us to immediately suspend or terminate your access without prior notice and pursue legal remedies where necessary.

Third-Party Software & Open Source Components

The Platform may include third-party software components and open-source elements that are subject to separate licenses and terms of use.
By using the Platform, you agree to comply with all applicable third-party license terms, including those referenced at: www.agora.io/3Plicenses.
You acknowledge that any violation of such third-party license terms is your sole responsibility, and we disclaim all liability for your failure to comply with those obligations.

License Grant & Restrictions

Upon your acceptance of these Terms, we grant you a limited, personal, non-exclusive, revocable, and non-transferable license to:

Download, install, and use the App on your device.
Access and use the web version of the Platform within its functionality.

This license is subject to the following restrictions:

Non-Exclusive – We retain the right to grant the same or similar usage rights to other users or third parties.
Revocable – We may terminate or restrict your license at any time, without prior notice, if you violate these Terms or for any other lawful reason.
Non-Sublicensable – You may not sublicense, sell, lease, or otherwise transfer any rights related to the Platform to any third party.
Non-Assignable – This license is strictly personal and cannot be transferred to any other person or entity.

Enforcement & Remedies
If you breach this license agreement:

We reserve the right to immediately suspend, restrict, or terminate your access to the Platform without prior notice and without the possibility of reinstatement.
We may, at our sole discretion, pursue legal action and demand compensation for damages caused by your violation of our intellectual property rights.
Upon our request, you agree to pay all damages and costs resulting from your violation via bank transfer within five (5) business days without the need for litigation.

User-Generated Content & Messaging

You retain ownership of any messages, media, or other content you exchange via the Platform. We do not claim ownership rights over user-generated content.
However, by using the Platform, you grant us a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to:

Store and process your messages and media.
Display and deliver your messages to recipients.
Use necessary metadata (e.g., timestamps, delivery status) to facilitate communication.

This license is granted solely for the purpose of operating and improving the Platform.

Restrictions & Revocation

You must have all necessary rights and permissions for any content you transmit or share.
You may revoke this license at any time by deleting your content or account. However, revocation may result in limited or complete loss of access to the Platform and its services.
We reserve the right to restrict, remove, or delete content that violates these Terms or applicable laws.

Limitations

Your use of the Platform is subject to the following strict limitations to ensure compliance with legal and security requirements, protect user privacy, and maintain the integrity of the Platform. Any violation of these restrictions may result in immediate suspension or termination of your account, without prior notice, and potential legal action.

Permitted Use & General Restrictions

The Platform is provided solely for personal, non-commercial use as described in these Terms.
You may not use the Platform for:

Business purposes, including advertising, soliciting, or generating commercial benefit.
Any activity that competes with, disrupts, or interferes with the Platform’s intended use.
Any unauthorized data collection, mining, scraping, or other exploitation of Platform content.

User Privacy & Data Protection

You must respect the privacy of other users and comply with all applicable data protection laws.
You may not:

Collect, store, process, or share any personal data of other users without their consent.
Sell, transfer, or exploit user data for commercial, advertising, or unauthorized purposes.

Prohibited Conduct & Illegal Activities

You may not use the Platform for any illegal, abusive, or unethical activities, including but not limited to:

Criminal or unlawful activities, such as:

Promotion or facilitation of terrorism, violence, fraud, drug trafficking, human trafficking, or cybercrime.
Engaging in fraudulent, deceptive, or misleading activities.

Harmful or offensive behavior, including:

Harassment, bullying, threats, intimidation, stalking, or defamation.
Hate speech, including content that is racist, xenophobic, discriminatory, or promotes violence against any group or individual.
The exchange or distribution of obscene, pornographic, or illegal sexual content (including CSAM).

Cybersecurity violations, such as:

Uploading viruses, malware, spyware, or other malicious code.
Engaging in phishing, hacking, or unauthorized system access.
Spamming, auto-messaging, auto-dialing, or any mass messaging operations.

Third-party services

The Platform may provide access to or integrate with third-party products, services, websites, applications, or content ("Third-Party Services"). These services are not owned, operated, or controlled by us, and we do not assume any responsibility for their content, functionality, or security. Your use of Third-Party Services is at your own risk, and we do not endorse, guarantee, or make any representations regarding their quality, reliability, legality, or security.

We are not liable for any loss, damage, or harm resulting from your access to or use of Third-Party Services, including but not limited to unauthorized access, data breaches, security vulnerabilities, service failures, or inaccuracies. When using Third-Party Services, you enter into a direct relationship with the third-party provider, and your interactions are governed solely by their terms of service, privacy policies, and other applicable agreements. We are not responsible for any obligations, disputes, or liabilities that arise from your engagement with Third-Party Services.

You are responsible for carefully reviewing and accepting the terms, policies, and conditions of any Third-Party Service before using it. If you do not agree with a third party’s policies, you should not access or use their services through our Platform. If you choose to link or integrate your Platform account with Third-Party Services, you acknowledge that we may share certain data with such third parties as necessary for service functionality, subject to our Privacy Policy.

We reserve the right to modify, restrict, or discontinue access to any Third-Party Services at any time without liability or prior notice. We may also remove, block, or suspend access to any Third-Party Services that violate applicable laws, pose security risks, or conflict with these Terms. By using the Platform, you acknowledge that we have no control over Third-Party Services and agree that we bear no liability for your use of them.

External Links Disclaimer

The Platform may contain links to third-party websites, applications, content, or services (“External Links”) that are not owned, controlled, or operated by us. These External Links are provided for convenience only, and we do not endorse, guarantee, or assume any responsibility for their accuracy, reliability, legality, security, or availability.

By accessing any External Links through the Platform, you acknowledge and agree that:

We do not monitor, review, or control third-party content and are not responsible for any information, advertisements, products, services, or other materials available on or through such External Links.
We are not liable for any loss, damage, or harm arising from your use of or reliance on External Links, including but not limited to malware, data breaches, fraudulent activities, or third-party privacy practices.
Your interactions with third-party websites, applications, or services are solely between you and the respective third party, and their terms, policies, and conditions will apply.
We reserve the right to remove, restrict, or modify access to any External Links at our discretion, without prior notice or liability.

You acknowledge that your use of any External Links is at your own risk, and we strongly encourage you to review the applicable terms, policies, and security measures before engaging with any third-party content. If you have concerns about an External Link found on the Platform, please contact us at support@gemspace.com.

Termination

You may terminate these Terms at any time by deleting your account within the Platform settings and uninstalling the application from your device or ceasing to use the web version of the Platform.

To delete your account, go to Settings > Account > Delete Account in the application. Please note that simply uninstalling the application or stopping use of the web version does not automatically delete your account; you must complete the account deletion process as described.

Termination of your account is subject to the condition that you have no outstanding financial obligations, disputes, claims, or legal proceedings related to your use of the Platform. If any such obligations exist, termination will not release you from your liabilities, and we reserve the right to pursue any outstanding claims.

Any violation of these Terms constitutes a material breach. In the event of a violation, we may, at our sole discretion and without prior notice or explanation, restrict, suspend, or permanently remove your access to both the application and the web version of the Platform. Account termination due to a breach is final and irreversible. Additionally, upon our request, you must compensate us for any damages resulting from your violation within five (5) business days via bank transfer, without the need for litigation.

We reserve the unilateral right to suspend, restrict, or permanently remove your access to the Platform at any time, with or without prior notice, if we determine that such action is necessary to protect our legal rights, ensure the integrity of the Platform, or comply with applicable laws and regulations. In cases where prior notice is feasible, we may inform you of the reason for termination; however, we are under no obligation to provide justification.

By using the Platform, you acknowledge that account termination does not entitle you to any refunds, reimbursements, or restoration of lost data. We are not liable for any consequences resulting from account suspension or termination, including but not limited to data loss, loss of access to purchased services, or impact on third-party integrations.

Warranty

The Platform is provided on an "as is" and "as available" basis, without any express or implied warranties, guarantees, or representations of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted access, and freedom from viruses or other harmful components.

We do not warrant, represent, or guarantee that the Platform will:

Meet your expectations, specific requirements, or achieve any intended results.
Be free from defects, interruptions, errors, delays, disruptions, technical issues, or other malfunctions.
Be fully secure, free from unauthorized access, or resistant to cyber threats.
Display content, materials, or functionalities correctly on your device.
We are not responsible for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of data, business, revenue, profits, goodwill, or reputation, even if we have been advised of the possibility of such damages.

By using the Platform, you acknowledge that:

You assume full responsibility for any risks associated with its use.
We are not liable for technical failures, data breaches, service unavailability, system malfunctions, or unauthorized access to your account.
You are solely responsible for ensuring that your device, internet connection, and security settings are adequate for using the Platform.

If any technical issues arise while using the Platform, you may report them to support@gemspace.com.

However, we do not guarantee that reported issues will be resolved, that support services will be available, or that any corrections, updates, or modifications will be provided.

To the fullest extent permitted by law, you waive any rights to claims, liabilities, or legal actions against us related to your use of the Platform. If you do not agree with these terms, your sole and exclusive remedy is to stop using the Platform.

Messages

Upon using the Platform, you acknowledge and agree to receive various types of messages as part of the service, including but not limited to registration messages, in-platform communications, and advertising.

Automated Registration Messages

By completing the registration process in the App or Web version, you consent to receiving automated text messages and phone calls, including verification codes and other communications necessary to facilitate your registration and access to the Platform. These messages may be sent directly by us or through third-party service providers.

In-Platform Communications

After registration, you agree to receive messages from bots, public channels, and other Platform-related communications. These messages may include service updates, system notifications, and interactions with content or features that you have subscribed to. You may customize or disable certain types of notifications in your account settings; however, essential service-related messages may still be sent as they are necessary for the functionality and security of the Platform.

Advertising & Promotional Messages

By using the Platform, you consent to receiving advertising content from us and our authorized partners, as outlined in our Privacy Policy. These may include targeted promotions, sponsored messages, and personalized advertisements based on your activity. You may manage your advertising preferences in your account settings where applicable.

By continuing to use the Platform, you acknowledge that certain communications are an integral part of the service, and opting out of essential notifications may limit your ability to fully utilize its features.

User Content Warranties & Removal

Representations and Warranties

By submitting, posting, or otherwise sharing any content on or through the Platform, you represent and warrant that:

You own, or have obtained all necessary rights, licenses, and permissions to post such content and to grant the licenses set forth in these Terms.
Your content does not infringe, misappropriate, or violate any third-party rights, including but not limited to intellectual property, privacy, publicity, or contractual rights.
Your content complies with all applicable laws, regulations, and these Terms.
Your content does not contain any material that is defamatory, obscene, offensive, illegal, or otherwise objectionable.
Your content does not contain malicious code, viruses, or any software that could harm the Platform, users, or third parties.
You assume full responsibility for any claims, damages, or legal actions that arise from your content.

Content License Grant

By posting content on the Platform, you grant Marketspace Solutions OU a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to:

Store, reproduce, distribute, publicly display, and modify the content for the purpose of operating, improving, and promoting the Platform.
Share and distribute your content based on user interactions and Platform functionality (e.g., sharing posts, public forums).
Retain and use content for backup, security, and compliance purposes, even after its deletion, in accordance with our Privacy Policy.

This license remains in effect until you remove your content from the Platform, except in cases where retention is legally required or permitted.

Content Monitoring & Removal

We are not obligated to monitor all content shared on the Platform. However, we reserve the right (but have no obligation) to review, screen, modify, delete, or restrict access to any content at our sole discretion, including but not limited to cases where:

The content violates these Terms or applicable laws.
The content infringes intellectual property or other rights of third parties.
The content is deemed inappropriate, offensive, defamatory, or harmful.
The content poses security risks, contains malware, or is used for illegal purposes.
A government authority or law enforcement agency requests its removal.

We may remove or disable access to content without prior notice, and we are not liable for any loss of data or damages resulting from such removal.

User Content Reporting

If you believe that any content on the Platform violates these Terms, infringes your rights, or is otherwise harmful, you may report it by contacting us at:

Email: support@gemspace.com

All reports must include:

A description of the content and the reason for the report.
The URL or location of the content.
Your contact details for follow-up.

We reserve the right to investigate reports and take appropriate action at our sole discretion.

No Liability for User Content

We are not responsible for user-generated content, including its accuracy, legality, or reliability. Users assume all risks associated with their content, including reliance on its accuracy or any claims arising from its use. We disclaim all liability related to user content, except where required by law.

Content Retention & Account Termination

We may retain content after account termination or deletion for legal, security, or compliance reasons.
We are not obligated to restore deleted content under any circumstances.
We reserve the right to suspend or terminate your access if you repeatedly violate these Terms or applicable laws related to content.

Liability

Disclaimer of Warranties

You acknowledge and agree that you use the Platform at your own risk. The Platform is provided on an "as is" and "as available" basis, without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from viruses or other harmful code.

We do not guarantee that:

The Platform will function without errors, interruptions, security vulnerabilities, delays, or defects.
The information, content, or services provided on the Platform will be accurate, complete, or useful.
The Platform will be compatible with all devices, operating systems, or third-party services.

We do not control and are not responsible for how users engage with the Platform, nor are we obligated to monitor user behavior, actions, or content. We bear no liability for third-party actions, illegal activities, or interactions occurring within the Platform.

If you are a resident of a jurisdiction where such disclaimers are not fully enforceable, this disclaimer applies to the maximum extent permitted by law.

Limitation of Liability

We are only liable to the extent required by mandatory legal provisions.

We bear no liability for any damages except where explicitly required by applicable law, such as cases involving personal injury, death, willful misconduct, or gross negligence. In all other cases, you acknowledge that you use the Platform at your own risk, and we make no guarantees regarding its reliability, availability, or suitability for any particular purpose.

We exercise professional diligence in providing the Platform. Provided that we have acted with such diligence, we are not responsible for:

Any losses, damages, or claims not directly caused by our breach of these Terms.
Any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, revenue, business opportunities, data, goodwill, or reputation, even if we have been advised of the possibility of such damages.
Losses or damages that are not reasonably foreseeable at the time you accepted these Terms.
Any events beyond our reasonable control, including but not limited to force majeure, third-party failures, cyberattacks, legal restrictions, or technical disruptions.

To the maximum extent permitted by law, we, our affiliates, directors, officers, employees, partners, and agents (collectively, the “Platform Entities”) disclaim all liability for any claims, damages, or losses arising from or related to your use of the Platform.

If applicable law does not allow the complete exclusion of liability, our liability shall be limited to the minimum extent required by law.

By using the Platform, you acknowledge and agree that your sole and exclusive remedy for any dissatisfaction with the Platform is to stop using it.

Indemnification

You agree to fully indemnify, defend, and hold harmless the Platform Entities from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:

Any violation of these Terms, applicable laws, or third-party rights caused by your use of the Platform.
Any content, data, or information you upload, transmit, or share through the Platform.
Any third-party claims resulting from your actions, omissions, negligence, misconduct, or illegal activity.
Any unauthorized, improper, or unlawful use of the Platform, including infringement of intellectual property, privacy, or other legal rights.

You agree to fully compensate us for all resulting damages within five (5) business days of receiving our request via bank transfer, without the need for litigation. You further agree to cooperate fully in the defense of any claim.

If you are a resident of a jurisdiction where full indemnification is restricted, this indemnification applies to the maximum extent permitted by law.

Updates and changes

Platform Updates and Modifications

We reserve the right to update, modify, enhance, restrict, or discontinue any part of the Platform at any time, with or without notice, and at our sole discretion. This includes, but is not limited to:

Improving performance, security, or stability.
Adding, modifying, or removing features and functionalities.
Fixing software bugs or technical issues.
Complying with legal, regulatory, or operational requirements.

Such updates may require temporary or permanent suspension of Platform access, and we shall not be liable for any inconvenience, data loss, or unavailability resulting from these changes. You acknowledge that continued use of the Platform does not guarantee access to any specific feature, service, or functionality, and we are not obligated to maintain or restore any discontinued elements.

Additionally, you may be required to update the App or web version to continue using the Platform. Failure to install updates may result in degraded performance, loss of access, or inability to use certain features.

Amendments to the Terms

We reserve the right to amend, revise, or replace these Terms at our discretion. Any updates will be reflected by modifying the "Last Updated" date at the top of the document. The revised Terms will be made available within the App and on the Website, and it is your responsibility to regularly review them.

By continuing to use the Platform after the Terms have been updated, you expressly agree to be bound by the revised Terms. If you do not agree to any modifications, your sole and exclusive remedy is to stop using the Platform and delete your account.

We are not required to notify users individually about changes to the Terms, and lack of awareness of an update does not exempt you from compliance.

Law Enforcement Cooperation

Compliance with Legal Requests

We reserve the right to cooperate with law enforcement agencies, government authorities, and regulators to the fullest extent permitted by law. This may include disclosing user information, account data, content, or other relevant information when:

We receive a valid and lawful request, such as a subpoena, court order, or other mandatory legal demand.
We determine, in our sole discretion, that disclosure is necessary to prevent fraud, abuse, security threats, or illegal activities.
We have a good faith belief that such disclosure is necessary to protect the rights, safety, or property of our users, the public.

Notice to Users

Where required by law, we will make reasonable efforts to notify users before disclosing their information to law enforcement, unless:

We are legally prohibited from doing so (e.g., due to a gag order or confidentiality requirement).
We believe that providing notice would create a risk of harm, illegal activity, destruction of evidence, or interference with an ongoing investigation.

Voluntary Disclosure

We may voluntarily disclose user information or activity records to law enforcement or government agencies when we believe, in good faith, that:

There is an imminent threat to life, health, or public safety.
The information is necessary to investigate or prevent illegal activities, including but not limited to fraud, cybercrime, money laundering, human trafficking, terrorism, child exploitation, or other criminal offenses.
A user has engaged in conduct that violates applicable laws, our Terms of Use, or threatens the integrity of our Platform.

No General Monitoring Obligation

We are not obligated to actively monitor user activity or content on the Platform. However, we reserve the right to investigate and take appropriate action in response to:

Reports of unlawful behavior.
Law enforcement requests.
Threats to the security or integrity of our Platform.

Data Retention and Preservation Requests

Upon receiving a valid legal request, we may preserve user data and account information for a limited period as required by law, even if the user deletes their account. If law enforcement requires data preservation beyond the standard retention period, they must submit a formal data preservation request in accordance with applicable laws.

Governing Law, Dispute Resolution, and Compliance

Governing Law

These Terms and any dispute or claim arising out of or in connection with them, including your use of the Platform, shall be governed by and construed exclusively in accordance with the laws of Estonia, without regard to conflict of law principles or provisions that would result in the application of any other jurisdiction's laws.

Dispute Resolution

Any disputes, claims, or legal proceedings arising out of or relating to these Terms or your use of the Platform shall be exclusively resolved in the competent courts of Estonia. You agree to submit to the personal and exclusive jurisdiction of the courts of Estonia and waive any objection to jurisdiction, venue, or inconvenient forum.

To the maximum extent permitted by law, you waive any right to participate in class-action lawsuits, collective actions, or other group legal proceedings against us. Any claim you bring must be filed individually, and claims that are not filed within one (1) year from the date they arise shall be deemed permanently waived.

To the fullest extent permitted by law, you agree that any dispute, claim, or controversy between you and the Platform shall be resolved on an individual basis and not as part of any class, collective, consolidated, or representative proceeding. You waive any right to participate in a class action, mass arbitration, collective action, private attorney general action, or other representative proceeding against the Platform, as well as any right to a jury trial. Disputes shall be resolved through individual arbitration or litigation, as outlined in the Dispute Resolution section of these Terms. If any portion of this waiver is found to be unenforceable, the remainder shall remain in effect, and claims may proceed only on an individual basis. If you do not agree to this provision, you must discontinue use of the Platform immediately.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be severed, and the remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the enforceability of the remaining Terms.

Compliance with Local Laws

You are solely responsible for ensuring that your use of the Platform complies with all applicable laws and regulations in your jurisdiction, including but not limited to data protection laws, import/export controls, and content restrictions. If the use or distribution of the Platform is restricted or prohibited in your country, we reserve the right to limit, restrict, or terminate your access to the Platform without prior notice.

Assignment of Rights

These Terms are personal to you, and you may not transfer, assign, or delegate any of your rights or obligations under these Terms to any third party without our prior written consent.

We reserve the right to assign, transfer, or delegate our rights and obligations under these Terms at any time, including in connection with a merger, acquisition, restructuring, sale of assets, or corporate reorganization, without notice or your prior approval. Your continued use of the Platform after such assignment constitutes your acceptance of the transfer.

If you do not agree with any such assignment, your sole remedy is to stop using the Platform and delete your account.

Contact Us

If you have any questions, concerns, or inquiries regarding these Terms, the Platform, or any related matters, you may contact us using the following details:

General Inquiries & Support

For general questions, technical issues, or support-related inquiries, please contact our support team at:
Email: support@gemspace.com

Legal & Regulatory Matters

For legal inquiries, compliance matters, or official requests from regulatory authorities, please direct your correspondence to:
Email: support@gemspace.com

Business & Partnership Inquiries

For business collaborations, partnership opportunities, or media-related inquiries, please reach out to us at:
Email: support@gemspace.com

DSA Compliance & Content Moderation

For inquiries related to the Digital Services Act (DSA), content moderation, or reporting of illegal content, please contact:
Email: support@gemspace.com

Registered Office Address

Marketspace Solutions OU
Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-301, 10152
Republic of Estonia

Please note that our support team primarily operates via email. We do not guarantee response times for inquiries sent via postal mail, and we may not process physical correspondence unless required by law. For urgent support matters, we recommend using our email channels to receive a timely response.

These Terms of Use were last modified on February 6, 2025. We reserve the right to amend or update these Terms at any time, with or without notice, by posting the revised version here. Please check this page periodically for changes. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree with the revised Terms, you must stop using the Platform and delete your account.

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