Terms & Conditions

Acceptance of terms

These Terms and Conditions (“Terms”) form a binding agreement between you and VaVeria GmbH, a limited liability company (GmbH) based in Zurich, Switzerland (“GEMIUS”, “we”, “us”). By creating an account, accessing the website at gemius-stones.com, the application at app.gemius-stones.com, or by integrating our REST API, you accept these Terms in full. If you do not accept them, do not use the Service.

These Terms apply to all users: anonymous visitors, registered free-tier users, paid subscribers, and Enterprise customers, except where a separately signed Master Service Agreement (“MSA”) with an Enterprise customer expressly supersedes a specific provision (see Section 9).

Service description

GEMIUS operates a gemstone pricing intelligence platform built on a proprietary dataset of fair-market price ranges for colored gem species, with attribute-aware variance bands. The Service has two consumption surfaces:

• SaaSBrowser-accessible application at app.gemius-stones.com. Self-serve subscription tiers (Pioneer, Professional, Premier) provide interactive pricing queries, dashboards, price alerts (Tier 3), and shareable valuation links (all tiers).
• DaaS / EnterpriseREST API, webhooks, and batch valuations for jewelers, dealers, auction platforms, and similar professional consumers. Provided under a separately signed Master Service Agreement, at a flat annual price, with dedicated support. See Section 9.

The Service is delivered as a digital service. Access to features, attribute counts, query quotas, and variance bands is governed by the tier you have subscribed to, as published on our Pricing page.

Account registration & eligibility

To access tier-gated features you must register an account. By registering you represent that:

• You are 16+The Service is not directed at users under 16 years of age. If we become aware that we hold personal data of someone under 16, we will delete it.
• Information is accurateThe registration information you provide is accurate and kept up to date.
• Account securityYou keep your credentials confidential and are responsible for activity under your account. You must notify us promptly of any unauthorized access.
• One account per personMultiple accounts to circumvent free-tier rate limits, tier quotas, or to evade a suspension are not permitted.

Subscription tiers, billing & auto-renewal

GEMIUS offers a free tier (Pioneer) and paid tiers (Professional, Premier). Pricing for each tier and billing cadence is shown on the Pricing page at the time of purchase. Both monthly and annual cadences are available.

• Auto-renewalPaid subscriptions automatically renew at the end of each billing cycle (monthly or annual) for the same duration and at the then-current price for your tier, unless cancelled before the renewal date.
• Renewal notice (annual)For annual subscriptions, we send a renewal reminder email at least 30 days before the renewal date.
• Price changesWe may revise tier pricing. Changes apply to your subscription only at the next renewal and only after at least 30 days’ advance notice. You may cancel without penalty before the change takes effect.
• Payment processorPayments are processed by Stripe, acting as merchant of record. Their separate terms govern the payment transaction.
• Failed paymentsIf a renewal payment fails, we will attempt re-charge for up to 14 days. After that, your subscription downgrades to the free Pioneer tier. Saved data is preserved.

Withdrawal, cancellation & refunds

Right of withdrawal (EU/EEA consumers). If you are a consumer resident in the EU or EEA, you have 14 days from the conclusion of your subscription contract to withdraw from it, without giving any reason, under EU Directive 2011/83/EU. The Service is a digital service rather than digital content on a tangible medium, so the service rules apply. To withdraw, send an unambiguous statement to billing@gemius-stones.com before the 14 days expire. Telling us in your own words is enough.

If you ask us to start straight away. Your subscription becomes usable the moment you activate it, which means you have asked us to begin performance during the withdrawal period. You keep the right to withdraw. If you do, you pay an amount proportionate to what was actually supplied to you up to the moment you told us, in line with Article 14(3) of the Directive, and we refund the rest.

Cancellation. You may cancel your subscription at any time from your account settings (or, until in-app cancellation ships, by emailing billing@gemius-stones.com). Cancellation takes effect at the end of your current billing period. You retain access until that date.

Refunds outside the withdrawal period. Once the withdrawal period above has passed, subscription fees already paid are non-refundable and we do not pro-rate a partial billing period. This paragraph does not apply to, limit, or reduce the withdrawal right described above, and it does not affect any other statutory right under mandatory consumer-protection law that cannot be waived.

Discretionary refunds. In cases of duplicate charge, billing error, or service failure on our side, we will refund in good faith. Contact us at billing@gemius-stones.com.

Acceptable use & prohibited conduct

You agree to use the Service only for its intended purpose: making informed valuation decisions about colored gemstones for your own buying, selling, advisory, inventory, or appraisal-related purposes. The following uses are prohibited regardless of tier:

• Reverse engineeringAttempt to derive the source code, model weights, multipliers, pricing matrix, taxonomy keys, or any other component of our methodology, whether by inspection, decompilation, repeated querying, statistical inference, or otherwise.
• Bulk extraction / scrapingUse any robot, spider, scraper, or other automated means to extract data from the Service beyond the rate limits of your tier, bypass authentication or rate-limiting controls, aggregate output across multiple accounts to reconstruct the underlying dataset.
• RedistributionRepublish, redistribute, syndicate, sublicense, sell, rent, or lease the Service or its outputs as a substitute pricing data product to third parties, except as permitted under an Enterprise MSA (Section 9).
• Derivative datasetsAggregate, store, or compile the Service outputs into a database, feed, index, or product that competes with or substitutes for the Service.
• AI / ML trainingUse the Service outputs to train, fine-tune, evaluate, benchmark, or develop any machine-learning model, foundation model, or AI system.
• Account abuseOperate multiple free-tier accounts to circumvent quota or rate-limiting. Share account credentials.
• Unlawful useUse the Service in any way that violates applicable law, including export controls, sanctions, fraud, money laundering, or counterfeiting.
• Security interferenceProbe, scan, or test the vulnerability of any part of the Service. Interfere with or disrupt the integrity, performance, or availability of the Service or its data.

We may suspend or terminate your access to the Service for any material breach of this Section 6, with or without prior notice depending on severity, and recover damages and reasonable enforcement costs.

Certificate uploads (Professional and Premier). You may upload gemstone lab reports to pre-fill valuations. You confirm you are entitled to upload each report. By uploading, you grant GEMIUS a worldwide, royalty-free license to store and process the reports and the attributes read from them, to provide the Service and to improve our certificate-reading, as described in the Privacy Policy. Certificate reading is automated and best-effort, so always check important attributes against the original report. You must not upload malicious files, content you have no right to share, or use the feature to probe or attack the Service. Accounts that abuse or attempt to exploit it may be suspended or terminated.

Intellectual property & dataset ownership

All right, title, and interest in and to the GEMIUS platform, including the underlying gemstone pricing dataset (the bedrock matrix of base prices, multipliers, and dependency rules), the taxonomy, the algorithms that compute variance bands and attribute breakdowns, the user interface, brand marks, and all associated documentation, are owned by GEMIUS or licensed to GEMIUS. The dataset is our trade secret and proprietary intellectual property.

Nothing in these Terms transfers ownership of any GEMIUS intellectual property to you. Use of the Service does not grant you any rights in the underlying dataset, methodology, or brand marks beyond the limited license set out in Section 8.

Output license

The Service produces outputs: price ranges, variance bands, attribute breakdowns, and shareable valuation links (collectively, “Outputs”). Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Outputs as follows:

• PermittedInternal use for your own valuation, advisory, appraisal-prep, inventory pricing, quoting, and educational purposes.
• Permitted (all tiers)Sharing a shareable valuation link with a specific end-customer or counterparty, in the context of a single valuation discussion.
• Permitted (Enterprise)Limited redistribution to your end-customers as part of quotes, listings, or appraisal documentation, subject to the redistribution limits in your Master Service Agreement.
• Not permittedRepublishing Outputs as a price feed, building a derivative pricing product, training AI/ML systems on Outputs, bulk redistribution, or otherwise using the Outputs in a manner that competes with or substitutes for the Service.
• AttributionWhere you display a GEMIUS Output to a third party (a customer, counterparty, or appraiser), please attribute it as generated by GEMIUS and disclose the variance band.

Enterprise / API tier (DaaS)

Enterprise tier access, including REST API, webhooks, batch valuations, and dedicated support, is provided under a separately signed Master Service Agreement (“MSA”) between you and GEMIUS. The MSA governs:

• Volume & rate limitsNegotiated query volumes, burst limits, and concurrency.
• PricingA flat annual price, as specified in the MSA order form.
• Service levelsUptime commitments, response times, and remediation for downtime, where agreed.
• Output redistributionThe scope of permitted redistribution to your end-customers, including any attribution requirements.
• Data processing addendumIf your integration involves processing your end-users’ personal data through GEMIUS, a Data Processing Addendum (DPA) under GDPR Art. 28 is signed alongside the MSA.

These Terms apply by default to Enterprise customers. The MSA supersedes any conflicting provision. To enquire about Enterprise access, contact us via the Contact page.

Output disclaimer

GEMIUS Outputs are estimates generated by a statistical pricing model and presented with an explicit variance band. They are provided for informational purposes only. Without limiting the foregoing:

• Not an appraisalGEMIUS Outputs do not constitute a certified appraisal or a valuation opinion within the meaning of any applicable jurisdiction. For insurance, customs, probate, estate, taxation, or legal proceedings, you must obtain a written valuation from a certified appraiser (e.g. GIA, AGS, SSEF, or an equivalent national body).
• Not investment adviceOutputs are not investment, financial, or trading advice, nor a recommendation to buy or sell any gemstone or financial instrument.
• Estimates onlyPricing varies with origin, treatment disclosure, certification provenance, and market conditions that may not be fully captured in a query. The variance band ( ±5% / ±10% / ±20% depending on tier ) communicates this uncertainty explicitly.
• No guaranteesWe do not guarantee the accuracy, completeness, or timeliness of any Output.
• No relianceYou must independently verify any Output before relying on it for a purchase, sale, valuation, or other transaction. You assume all risk of decisions made in reliance on the Outputs, and we are not liable for any loss arising from such reliance.

Warranty disclaimer

To the maximum extent permitted by Swiss law (Code of Obligations Art. 199 limits this disclaimer in cases of fraudulent concealment), the Service and the Outputs are provided “as is” and “as available”, without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure against unauthorized access. Statutory consumer rights and warranties that apply mandatorily in your jurisdiction are not affected by this Section.

Limitation of liability

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, in particular, liability for unlawful intent or gross negligence under Swiss Code of Obligations Art. 100 para. 1, and liability for personal injury or death caused by our acts or omissions.

Subject to that, and to the maximum extent permitted by law:

• Indirect damages excludedNeither party is liable for indirect, special, incidental, consequential, or punitive damages, lost profits, lost revenue, lost data, or business interruption arising out of these Terms.
• Aggregate capOur total aggregate liability for all claims arising under or in connection with these Terms shall not exceed the greater of (a) the total subscription fees you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) CHF 100.
• Output relianceYou acknowledge that you are responsible for any decisions made on the basis of GEMIUS Outputs and accept that the variance band communicates the inherent uncertainty of those Outputs.

Mandatory consumer-protection rules of your country of habitual residence (under Rome I Art. 6) are not waived by this Section.

Indemnity

You will defend and indemnify GEMIUS against third-party claims arising from (a) your breach of Section 6 (Acceptable Use) or Section 8 (Output License), (b) infringement by content you submit of any third party’s intellectual property rights, or (c) your use of the Service in violation of applicable law, in each case to the extent caused by your act or omission. We will give you prompt notice and reasonable cooperation. This indemnity is limited to the heads of claim listed in this Section and does not extend to general business losses or claims unrelated to your specific use of the Service.

Termination

By you: you may terminate at any time by cancelling your subscription per Section 5 and ceasing use of the Service.

By us: we may suspend or terminate your access for material breach of these Terms (in particular Section 6), non-payment, or where required by law. Where appropriate we will give you notice and an opportunity to cure.

Effect of termination: on termination, your access ceases. We will retain your data per Section 7 of the Privacy Policy. You may request a portable export of your account data within 30 days of termination per the rights described in our Privacy Policy.

Governing law & jurisdiction

These Terms are governed by the substantive laws of Switzerland, excluding conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. The ordinary courts at the seat of GEMIUS in Zurich have exclusive jurisdiction.

EU/EEA consumers. Nothing in this Section deprives you of the protection of mandatory consumer-protection rules of the country where you have your habitual residence, nor of the right to bring proceedings in the courts of that country (Rome I Regulation Art. 6, Brussels I Recast Arts. 17–19).

General provisions

• Force majeureWe are not liable for any failure or delay in performance caused by events beyond our reasonable control, including outages of third-party infrastructure, network, or hosting providers, denial-of-service attacks, acts of government, or natural events. Our obligations are suspended for the duration of the event.
• SeverabilityIf any provision of these Terms is held invalid or unenforceable, that provision is limited or severed to the minimum extent necessary, and the remaining provisions continue in full force.
• No waiverOur failure to enforce any provision is not a waiver of our right to enforce it later. A waiver is effective only if given in writing.
• AssignmentYou may not assign or transfer these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets.
• Entire agreementThese Terms, together with the Privacy Policy and, for Enterprise customers, the MSA, are the entire agreement between you and GEMIUS and supersede any prior understanding on their subject matter.
• SurvivalSections that by their nature should survive termination, Intellectual Property (7), the Output License limits (8), the Disclaimers (10–11), Limitation of Liability (12), and Indemnity (13), survive termination of these Terms.

Changes to these terms & contact

We may update these Terms from time to time. Material changes will be communicated by email and via an in-app notice at least 30 days before they take effect. If you do not accept a material change, you may terminate your subscription without penalty before the change takes effect. The current revision of these Terms is dated at the top of this page.

Contact. For questions about these Terms, email legal@gemius-stones.com. Our registered postal address is listed in the Impressum.