Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and Apparent Group Limited ("Company," "we," "our," or "us") governing your access to and use of the GemBrain mobile application ("App") and related services.

By accessing or using the App, you confirm that you are at least 16 years of age and have the legal capacity to enter into these Terms.

2. Company Information

3. Description of Service

GemBrain is an AI-powered mobile application designed to help users identify gemstones, minerals, and crystals through photo recognition, build collections, access information about stones, and view estimated market values. The App is provided for informational and entertainment purposes only.

4. Important Disclaimers Regarding Valuations and Identifications

GEMSTONE IDENTIFICATIONS AND MARKET VALUE ESTIMATES PROVIDED BY THE APP ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY.

• The App does not provide professional gemological appraisals or certifications
• Identifications should not be relied upon for purchasing, selling, or insurance decisions
• Market values are estimates only and do not constitute professional appraisals
• For accurate identification and valuation, consult a certified gemologist or appraiser
• We do not guarantee the accuracy of any identification or value estimate

5. User Accounts

5.1 Account Creation

Some features of the App may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

5.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

6. User Responsibilities

By using the App, you agree that you will:

• Use the App only for lawful purposes and in accordance with these Terms
• Not use the App in any way that could damage, disable, or impair the App
• Not attempt to gain unauthorized access to any part of the App or its systems
• Not use any automated means to access the App without our permission
• Not upload or transmit viruses, malware, or other malicious code
• Not infringe upon the intellectual property rights of others
• Not harass, abuse, or harm other users
• Comply with all applicable laws and regulations
• Not use the App for fraudulent purposes, including misrepresenting gemstone values

7. User Content

7.1 Your Content

You retain ownership of any content you submit, post, or display through the App ("User Content"), including photos, collection data, and sightings. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and improving the App.

7.2 Content Standards

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate the rights of any third party
• Your User Content does not contain illegal, harmful, or objectionable material

7.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we find objectionable, without prior notice.

8. Intellectual Property Rights

8.1 Our Rights

The App, including its design, features, functionality, and content (excluding User Content), is owned by Apparent Group Limited and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our App without our written permission.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial use.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the App will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of gemstone identifications, information, or market value estimates
• Warranties that the App will meet your requirements or expectations

YOU ACKNOWLEDGE THAT GEMSTONE IDENTIFICATION AND VALUATION REQUIRE PROFESSIONAL EXPERTISE AND THAT THE APP SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL GEMOLOGICAL ASSESSMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPARENT GROUP LIMITED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Any damages arising from your use or inability to use the App
• Any damages arising from reliance on gemstone identifications or value estimates provided by the App
• Any financial losses resulting from buying, selling, or insuring gemstones based on App information
• Any damages caused by third-party content or services

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR USE OF THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Apparent Group Limited and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content
• Your reliance on gemstone identifications or value estimates from the App
• Any transaction involving gemstones influenced by App information

12. Third-Party Services

The App may contain links to or integrate with third-party websites, services, or content. We do not control and are not responsible for any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and policies.

13. Modifications to the App and Terms

13.1 App Modifications

We reserve the right to modify, suspend, or discontinue the App or any part thereof at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

13.2 Terms Modifications

We may revise these Terms from time to time. Material changes will be notified through the App or by other means. Your continued use of the App after such changes constitutes acceptance of the revised Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law principles.

14.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.

14.3 EU Consumer Rights

If you are a consumer in the European Union, you may also bring proceedings in the courts of your country of residence. Nothing in these Terms affects your statutory rights as a consumer under applicable EU law.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16. Contact Us

If you have any questions about these Terms, please contact us: