Terms of Service

Last updated: July 31, 2025

Welcome to GemIQ! GemIQ ("GemIQ," "we," "us," or "our") offers an image hosting service to serve digital images through web browsers and apps. We also offer jewelry photo retouching services, as well as a wide range of jewelry photography and video solutions (collectively, the "Services").This Terms of Service shall apply to GemIQ, Picup Media, GemHub and any other related company, brand, services, products, and platforms managed by us. 

Prior to using our Services, you must carefully review the following Terms of Service (the “Terms”) set out below. These Terms, along with any additional terms and conditions set out on GemIQ’s website (picupmedia.com or gemiq.com), including GemIQ’s Privacy Policy (collectively, the “Agreement”), form a legal agreement between you ("you," "your," or "User") and GemIQ. Your use of GemIQ’s Services constitutes your acceptance of this Agreement. You should periodically check this page to make sure you have read the current version of these Terms. Your use of the Services is entirely conditioned on and subject to your compliance with these Terms.

By using GemIQ, you agree to be bound by Part 1 of these terms – it applies to all users including casual visitors. By registering for a GemIQ account, you also agree to be bound by Part 2 of these terms, and all registered and unregistered users agree to be bound by Part 3. If you use our Services on behalf of a company or other entity, that company or entity agrees to them too, and you represent to us that you have the authority to bind that business or entity to these Terms. If you do not agree with these terms, do not access or use the Services.

Part 1.

Provisions Applicable to All Users of the Service (whether registered or not)

1.1. Availability and Modification of Service

GemIQ uses reasonable endeavors to ensure that the Service is available 24 hours a day, 7 days a week. However, there may be occasions when the Service will be interrupted for upgrades, emergency repairs, or due to failure of telecommunication links and equipment that are beyond the control of GemIQ. Every reasonable step will be taken by GemIQ to minimize such disruption where it is within our reasonable control. We reserve the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that GemIQ shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof. You understand and acknowledge that the Service may contain inaccuracies or typographical errors. 

1.2. Privacy and Data Protection

GemIQ is committed to protecting your privacy. Your submission of personal information through this site is governed by our Privacy Policy, which is incorporated herein by reference. We will not review, share, distribute or reference any personal information, except as provided in this Agreement, as provided in our Privacy Policy, or as may be required by law.

You acknowledge that for GemIQ to provide the Services, you may provide us with personal information. You represent and warrant that this personal information has been collected in accordance with applicable laws and that you have the authority to provide such data to GemIQ. GemIQ shall process personal information as needed to provide the Services, in accordance with your instructions, or as required or permitted by law. 

Each party warrants that it shall comply at all times with its obligations under applicable local data privacy legislation (the "Privacy Laws"), including (without limitation where applicable) the EU General Data Protection Regulation and the California Consumer Privacy Act. For clarity, you (and your affiliates) may act as data controllers, and GemIQ, its affiliates, and subprocessors may act as data processors, as those terms may be defined in the Privacy Laws. 

GemIQ implements reasonable operational, technical, and organizational measures to protect personal information against accidental or unlawful destruction or alteration and unauthorized disclosure or access. If GemIQ becomes aware of a security breach (as defined in any applicable Privacy Law) that compromises the security, confidentiality, or integrity of your personal information (an "Incident"), GemIQ will take appropriate actions to contain, investigate, and mitigate the Incident and notify you as required by applicable Privacy Laws. 

You authorize GemIQ to use its affiliates, suppliers, and subcontractors, including for data processing, hosting, and storage purposes, provided that GemIQ remains responsible for their compliance with the Privacy Laws as applied to data processors.

1.2.1 Disclaimer Regarding Data Loss

You acknowledge and agree that GemIQ is not responsible for any data stored within the GemIQ/GemHub app. We will not be liable for any complete or partial loss of photos, videos, images, or any other information. We strongly recommend that you maintain your own backups of any content you deem important.

1.3 Trademarks

All brands, service names, logos, and product names used in this Service that identify GemIQ or third parties and their services are proprietary marks of GemIQ and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of GemIQ or any third party with respect to any such image, logo, or name. You will not use GemIQ trademarks without previous authority in writing from GemIQ. 

1.4 Copyright and Intellectual Property

GemIQ, unless otherwise stated, is the owner or licensee of all copyright and other Intellectual Property Rights (as defined below) in the Service and its contents (excluding Your Content). You may not publish, distribute, extract, re-utilize, or reproduce any such GemIQ content in any material form without written permission from GemIQ. We reserve all rights not expressly granted to you in these Terms. 

"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction. 

We do not claim copyright or ownership of any Content (as defined in Section 2.10) that you upload or provide to GemIQ.

For more information regarding our intellectual property please visit our Intellectual Property Policy.

1.4.2. Ideas and Feedback

You may submit comments, suggestions, recommendations, feedback, or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. 

Part 2.

Provisions Applicable to Registered Users

2.1 Registration

To register as a user of the Service you must be 18 years of age or over. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address since that is the primary way in which we will communicate with you about your account. Your registration information must not misrepresent your identity or your affiliation with any person or organization. We reserve the right to refuse service or account registration to anyone for any reason at any time.

If you are using the Services on behalf of a business or entity, you represent to us that you have authority to bind that business or entity to these terms, and that business accepts these terms. 

2.2 Password and Account Responsibilities

When you register as a user, you will be asked to provide a password. You are fully responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account, including for any actions taken by persons to whom you have granted access to the Account. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You should change your password immediately if you believe that your password is no longer confidential. You agree to immediately notify GemIQ of any unauthorized use, or suspected unauthorized use of your Account, or any other breach of security of your Account. We reserve the right to require you to alter your password if we believe that your password is no longer secure. GemIQ is not liable for any loss or damage arising from your failure to comply with these security obligations. 

2.3 Products and Services

2.3.1. GemIQ Jewelry Photo Retouching Service

GemIQ will use commercially reasonable efforts to deliver your image within your requested time frame. Whilst GemIQ will endeavor to return edited images back to you within the committed timeframes, note that GemIQ does not guarantee that an order will meet its requested delivery date.

GemIQ may use third-party software and public web addresses to accept images from or return images to you. To use any such software and public web addresses, you agree to the terms and conditions imposed by the third-party software provider. The agreement to use such software will be solely between you and its third-party provider. GemIQ makes no representations or warranties concerning, and is not liable or responsible for, any such software.

Should there be a discrepancy on the committed timeframe and actual delivery date of more than 48 hours (excluding weekends), please contact the GemIQ team and we may, at our sole discretion, refund any difference in time.

Note that the returned image will be deemed accepted by you, with no further work required from GemIQ unless, within ten (10) days of receiving the image, you notify GemIQ through written communication via email or through GemIQ’s website by specifying any errors by GemIQ. Note that it is in GemIQ’s sole discretion to rework any services. You will review any corrected image(s) and accept or reject the same in accordance with this Section.

GemIQ deletes from its system all images approximately thirty (30) days after respective acceptance. GemIQ is not responsible for the quality of returned images if the image you originally submitted does not meet GemIQ’s current guidelines.

2.3.2. GemIQ Applications, known as  GemIQ or any other future applications that GemIQ might create in the future (the “GemIQ Applications”): Content Ownership and Data Management

You retain sole ownership of all intellectual property rights in any images, videos, or other media that you capture using the Applications ("The GemIQ ApplicationContent"). GemIQ does not access your GemIQ Content unless you explicitly provide it to us or grant us permission.

IMPORTANT NOTICE REGARDING DATA DELETION: THE GemIQ APPLICATIONS SMARTPHONE APPLICATION STORES DATA, INCLUDING ALL GemIQ APPLICATIONS CONTENT, LOCALLY ON YOUR DEVICE. DELETING THE GemIQ APPLICATIONS SMARTPHONE APPLICATION FROM YOUR DEVICE WILL RESULT IN THE PERMANENT AND IRREVERSIBLE DELETION OF ALL SUCH LOCALLY STORED DATA. YOU ARE SOLELY RESPONSIBLE FOR REGULARLY BACKING UP YOUR GemIQ APPLICATIONS CONTENT TO A SEPARATE LOCATION TO PREVENT DATA LOSS. GemIQ SHALL HAVE NO LIABILITY FOR ANY LOSS OF GemIQ APPLICATIONS CONTENT OR OTHER DATA RESULTING FROM THE DELETION OF THE GemIQ APPLICATIONS SMARTPHONE APPLICATION BY YOU.

2.3.3 Delivery Information

Delivery charges for all physical products are included in the final product price, allowing us to offer complimentary shipping on all orders. There are no separate shipping fees charged by GemIQ at checkout.

NOTE: ALL SHIPPING COSTS ARE NON-REFUNDABLE. YOU ARE RESPONSIBLE FOR PAYING ANY APPLICABLE TAXES, DUTIES, OR TARIFFS RELATING TO YOUR ORDER, EXCEPT TAX ON GemIQ'S INCOME.

2.3.4. International Shipments, Customs, Duties, and Taxes

All products are shipped from our international fulfillment centers. Prices displayed on the website are exclusive of any applicable import duties, taxes, and customs fees.

When ordering from GemIQ for delivery to the United States, you are the Importer of Record and are solely responsible for ensuring the product can be lawfully imported. You are responsible for the payment of all customs duties, import taxes, and any other fees levied by U.S. Customs and Border Protection (CBP) or other authorities upon the shipment's arrival in the U.S. GemIQ has no control over these charges and cannot predict what they may be. Customs policies vary widely; you should contact your local customs office for more information. Failure to pay these charges may result in the shipment being delayed, returned, or destroyed, and you will not be entitled to a refund.

For all other international deliveries (outside of the United States), you are the Importer of Record and are solely responsible for ensuring the product can be lawfully imported into the destination country. You are responsible for the payment of all customs duties, import taxes, and any other fees levied by the customs and border protection authorities of the destination country upon the shipment's arrival. GemIQ has no control over these charges and cannot predict what they may be. Customs policies vary widely; you should contact your local customs office for more information. Failure to pay these charges may result in the shipment being delayed, returned, or destroyed, and you will not be entitled to a refund.

2.4. Payment, Refunds, Subscriptions, Upgrading, and Downgrading

2.4.1 Payments

The price of Services shall be as set out in the price list on GemIQ’s website or as otherwise agreed. GemIQ reserves the right to update its price list at any time without prior notice. All payments are to be made in United States Dollars. By submitting payment to GemIQ, you represent and warrant that you have the legal authority to enter into this Agreement, and you have the right to use any credit card(s) or other payment means used to initiate any transaction.

2.4.2. Returns & Refunds

All payments to GemIQ for retouching orders are non-refundable, except when GemIQ has incorrectly charged due to miscalculations.

Return Policy for Unopened Physical Products within 30 Days:

1. Physical products are not intended for testing and return. Unopened products may be returned within 30 days.

2. The customer is responsible for return shipping costs, taxes, and customs duties, which will not be reimbursed.

3. All returned items will be inspected at GemIQ’s offsite facility. Initiate your return request by contacting us at support@picupmedia.com or submitting a ticket on our contact page.

4. If the returned item passes our inspection and is in its original, unopened condition, and is returned within 30 days, a refund will be issued to your original payment method within 10 business days. It may take additional time for the refund to reflect in your account, depending on your bank's processing times.

Policy for Faulty Physical Products:

1. If a product is defective or damaged upon arrival, contact us immediately and within 7 days. For complete details on how to report defective, damaged, or missing items, please visit https://support.picupmedia.com/replacement-policy.

2. All claims for damaged or missing items must be reported within 7 days of receiving the product.

3. GemIQ reserves the right to refuse a replacement after 7 days of receiving the product.

4. Faulty physical products will be replaced, not refunded.

5. GemIQ may request images or videos to verify the product's condition before replacing it.

By accepting our Terms of Service, you acknowledge and agree to adhere to our Refunds and Returns policy.

2.4.3 Subscription Services

"Subscription Services" shall mean the paid plans offered by GemIQ that provide a User with access to a defined set of features and services. These Services are offered through various tiers and payment structures, including, but not limited to:

  • Paid Accounts: Accounts billed on a recurring monthly or annual basis in advance.
  • Subscription Bundles: Packages, such as the "GemLightbox Pro Bundle," or any other packages offered by us to you, which consist of an initial payment followed by a recurring monthly fee. Any changes to the GemLightbox Pro Bundle will be notified to you or shall be included within our webpage for your information. 
  • Yearly or Custom Subscriptions: Annual or bespoke subscription plans that can be modified or canceled within 14 days or as otherwise agreed upon with GemIQ.
  • Lifetime Subscriptions: A plan characterized by a one-time payment granting the User access to a defined set of features for the period during which GemIQ continues to offer and support the specific service plan.

All payments shall be made in United States Dollars. GemIQ offers several Subscription Service tiers, each with associated features and fees as detailed on our official website. GemIQ reserves the right to modify the features, limits, and pricing of these tiers at any time. Your monthly fee will be determined by your selected tier and/or your usage of the service during the previous billing period, in accordance with the then-current rates. GemIQ also reserves the right to introduce new features as part of premium tiers or as add-ons requiring an additional fee. Your continued use of specific features or tiers constitutes your agreement to the associated fees.

In addition to the Subscription Services, you can add additional services like retouching or any other service offered by GemIQ for an additional fee.

2.4.4. Upgrading, Downgrading & Cancellations (GemIQ Accounts)

1. Free accounts do not require a registered credit/debit card.

2. Paid accounts are charged monthly or annually in advance to your registered credit/debit card. 

3. For customers who purchase the GemIQ Pro Bundle, and any other subscription bundle package (the "Subscription Bundle”), which includes a free subscription, the initial payment will be charged to your registered credit/debit card. After the first year, a monthly fee of $199 (or the then-current rate) will be automatically charged to your card. 

4. You can upgrade, downgrade or cancel a monthly subscription at any time. Upgrades and downgrades are initiated immediately. Your registered card will automatically be charged for any upgrades and the charge is calculated on a pro-rata basis. Downgrades receive a credit to be used against future charges and for new GemIQ products.This credit is calculated based on the unused portion of your current subscription period, is non-refundable, expires twelve (12) months from the date of issuance, and is applicable only towards future GemIQ subscription fees and products.  All cancellations and refunds are effective at the end of the current month. Your subscription will then be automatically downgraded to a free account in the following month. 

5. You can also upgrade, downgrade, or cancel a yearly or custom subscription (excluding any Subscription Bundle) within 14 days or as agreed upon with GemIQ. Please contact your GemIQ representative for further information on these subscriptions.

6. Unless agreed otherwise, invoices are generated monthly, within 3 days of the day of the month your subscription commenced.

7. You must ensure that GemIQ can take payment from your card. If GemIQ is unable to take payment, you must enter new card details. Your account will be frozen in 30 days if payment has not been received.

8. Any unpaid balance due on your account must be paid.

GemIQ reserves the right to change subscription fees upon fifteen (15) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes. 

2.4.5. Lifetime Subscriptions

1. General: GemIQ may, from time to time, offer a "Lifetime Subscription" plan. This subscription is typically characterized by a one-time payment granting the User access to a defined set of features for the duration specified in this section.

2. Definition of "Lifetime": For the purpose of this Agreement, a "Lifetime Subscription" refers to the period during which GemIQ continues to offer and support the specific "Lifetime Subscription" service plan to which you subscribed. It does not refer to the lifetime of the User, nor does it guarantee the perpetual existence of GemIQ or the "Lifetime Subscription" service in its original or any form.

3. Included Features:  A "Lifetime Subscription" grants access to the core photography features, defined as the basic functions of capturing an image and 360 video of the jewelry, of the GemIQ (or other specified service) as they exist at the time of your subscription purchase. These features are provided without additional recurring subscription charges, subject to the terms herein. GemIQ reserves the right, in its sole discretion, to modify, update, enhance, or discontinue certain features or functionalities within the scope of the "Lifetime Subscription" over time as the Services evolve. New premium features or separate services introduced by GemIQ after your "Lifetime Subscription" purchase may not be included and may require separate payment.

4. Storage Limitation: Users with a "Lifetime Subscription" are entitled to a maximum of 30GB of cloud storage for their Content associated with the "Lifetime Subscription" features. Cloud storage can be changed at any time by GemIQ, any change to the cloud storage shall be informed to you. Should this storage limit be exceeded, the User will be required to purchase additional storage at the then-current rates or reduce their stored Content to within the 30GB limit. Failure to do so may result in account limitations as described in Section 2.8 (Locked Accounts).

5. Exclusions: The "Lifetime Subscription" does not include:

      i. Services beyond the core photography features explicitly designated as part of the "Lifetime Subscription" at the time of purchase.

      ii. Physical products, jewelry photo retouching services (unless explicitly bundled and stated), or other services offered by GemIQ that are not part of the defined "Lifetime Subscription" software features.

      iii. Support levels beyond standard support offered for the service, unless otherwise specified.

6. Non-Refundable: Payments for "Lifetime Subscriptions" are non-refundable, except as may be required by applicable law or as explicitly stated otherwise by GemIQ at the time of purchase.

7. Service Discontinuation or Transfer of Ownership: In the event that GemIQ decides to discontinue the specific "Lifetime Subscription" service offering, or in the event of a sale, merger, or transfer of ownership of GemIQ or its assets related to the Service, GemIQ will endeavor to provide reasonable notice to "Lifetime Subscription" holders. GemIQ makes no guarantees regarding the continuation of the "Lifetime Subscription" by a successor entity, although it may, at its discretion, offer a transition plan or alternative. The "Lifetime Subscription" will be considered terminated if the specific service plan it pertains to is no longer offered or supported by GemIQ or its successor.

8. Account Activity: The terms outlined in Section 2.6 (Storage Period and Account Inactivity) apply to "Lifetime Subscriptions."

9. Agreement to Terms: By purchasing a "Lifetime Subscription," you acknowledge that you have read, understood, and agree to these specific terms, in addition to all other applicable Terms of Service.

2.5. Storage Limit

Your account has a storage limit measured in gigabytes (GB). If you need more space, you can upgrade to a higher plan or contact us to discuss tailoring a plan to suit your needs.

2.6. Storage Period and Account Inactivity

GemIQ provides online storage of content to its users. If your account becomes inactive for a period of 6 months, GemIQ may, at its option, suspend or terminate access to the account altogether (including deletion of any account information and Your Content held by GemIQ). GemIQ may change this policy at any time, without  notice.

2.7. Service Level Agreement

GemIQ commits to providing the best service availability to all paid accounts. We also have a 24/5 live chat and email support team to address any other issues you may face.

2.8. Locked Accounts

Notification emails will be sent if your account is approaching or has reached the permitted storage/usage limit of the plan you have chosen. If your account remains above those limits, your account may be locked.

When an account is locked:

      1. Images will cease to be served to any of your websites.

      2. Files cannot be uploaded to your account. 

To unlock an account, you must either:

      1. Register a valid credit/debit card and upgrade to a suitable plan;

      2. Or permanently delete sufficient files to return within your existing plans’ limit. Deleted files go to your Trash until you permanently delete them. 

Your account will be unlocked within 5 minutes once you have completed one of the options above.

2.9. User Termination

You may cancel your account and terminate this Agreement at any time by deactivating your account. Termination of your account does not relieve you of any obligation to pay any outstanding fees. No refunds will be provided for cancellation prior to the end of a billing cycle. 

2.10. Your Content and License Grant

The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, and other materials or information (“Content” or "Your Content"). GemIQ does not claim ownership rights in any of Your Content contained in your account. You retain all rights in Your Content, subject to the rights you granted to us in these Terms. 

For the sole purpose of enabling us to provide, operate, promote, and improve the Service, and to develop new services and features, and fulfilling any orders for you or those you have shared Your Content with, you grant GemIQ and its subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right (through multiple tiers of sublicenses, including but not limited to GemIQ’s subcontractors) to host, use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display Your Content throughout the world in any media. 

You may modify or remove Your Content via your Account or by terminating your Account, but Your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

2.10.1. Data Collection and Use for AI Training and Service Improvement

You agree that GemIQ may collect and use data, including but not limited to images you upload, your usage patterns, metadata, and other information related to your use of the Services ("User Data"), for the purposes of training GemIQ's artificial intelligence (AI) models or jewelry intelligence (JI) models. JI includes the automated descriptions, model images, lighting environment and any other features that drive the end to end photography process GemIQ enables the user to access when using our hardware and software.

The purpose of the User Data is to improve existing Services (including quality control and algorithm refinement), developing new services and features, and for other analytical and operational purposes. GemIQ will have this usage as an integral part of the Services we provide. Our collection and use of User Data, including any personal information, is further detailed in our Privacy Policy. By using the Services, you grant GemIQ a perpetual, worldwide, non-exclusive, royalty-free, fully-paid, sublicensable, and transferable license to use your User Data (including Your Content) for these purposes. Where feasible, GemIQ will endeavor to use anonymized or aggregated data for AI or JI training and analytical purposes.

2.11. User Conduct and Restrictions

You are responsible for all of Your Content you upload, share or copy using the Service. You must have the legal right to copy and display each image and all content that you upload, share, or print. Professional content that is provided to you by professional content creators or made available through websites or other resources is protected by copyright and should not be uploaded, shared, or copied using the Service.

You agree not to use the Service, nor permit any third party, directly or indirectly, to:

1. for any unlawful purposes including advocating illegal activity; 

2. to upload, post, email or otherwise transmit or communicate any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with GemIQ’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose GemIQ, its affiliates or its customers to harm or liability of any nature; 

3. to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent, or other intellectual property right or any moral right of any party including, but not limited to GemIQ;

4. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

6. to upload, post, email or otherwise transmit any material which is likely to cause harm to GemIQ or anyone else’s computer systems, including but not limited to that which contains any virus, worm, corrupt files, Trojan horses, data, or other files or programs or forms of corruptive code designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service (collectively Corruptive code);

7. as part of any commercial communications campaign that has not been solicited by the recipients (i.e. spam);

8. as part of any non-natural SEO campaign using spam links;

9. as a link to materials associated with any of the above;

10. export the Services, which may be subject to export restrictions imposed by US law or other applicable law; 

11. engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (OFAC) or other similar regulatory bodies; 

12. access or monitor any material or information on any GemIQ system using any manual process or robot, spider, scraper, or other automated means, unless explicitly permitted by GemIQ in writing; 

13. violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services, except to the extent that any restriction is expressly prohibited by law; 

14. perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; 

15. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from GemIQ, except as expressly permitted; 

16. use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm; 

17. otherwise use the Services except as expressly allowed under these Terms. 

Violation of any of these agreements will result in the termination of your GemIQ account. While GemIQ prohibits such conduct and content on its site, you understand and agree that GemIQ cannot be responsible for the content posted on its website and you nonetheless may be exposed to such materials and that you use the GemIQ service at your own risk.

All Content (whether private or public) is the sole responsibility of the person who submitted it. You are solely responsible for your Content. By viewing the services, you may be exposed to Content that you consider offensive. You take sole responsibility for any such exposure. GemIQ, in no way, guarantees the accuracy, quality, or appropriateness of Content available through the Services.

If we reasonably suspect that your GemIQ Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your GemIQ Account, and any of your transactions with law enforcement. 

2.12. Monitoring and Removal of Content

You must implement a process through which infringing, abusive, or otherwise unlawful content can be reported to you and removed in accordance with applicable laws, regulations, rules, guidelines, codes, and industry best practices.

If Your Content is hosted by GemIQ, and you become aware of a possible violation regarding any Content that is uploaded to the GemIQ hosted services, as applicable, you must promptly notify GemIQ.

You acknowledge that although GemIQ has no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. GemIQ may also monitor such Content to detect and prevent fraudulent activity or violations of these Terms. 

You acknowledge and agree that nothing in this section prevents GemIQ from suspending services to comply with an applicable court order and that you are solely responsible for all content and activity that occurs on your user account.

2.13. Suspension, Modification, and Termination by GemIQ

You agree that GemIQ may, at any time without notice (or with notice where feasible or required by law):

  • refuse to accept your application to create a GemIQ account;
  • remove or suspend any part of the Service; 
  • refuse to fulfill any order, or any part of any order;
  • suspend or terminate your GemIQ Account or your access to any Service, at any time for any reason, including if, in GemIQ’s sole discretion, you fail to comply with any of these Terms, if a competent regulatory authority requires GemIQ to do so, or if you fail to make any payment due. 
  • modify any username or other content that could be confusing with any GemIQ services or which contains any explicit/objectionable content.

We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your GemIQ Account, where appropriate. 

2.13.1. Effect of Termination

If these Terms or your GemIQ Account is terminated or suspended for any reason: (a) any rights granted under these Terms will end, (b) we may (but have no obligation to) delete your information and account data, including Your Content, stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. Any outstanding payment obligations will survive termination. 

2.14. User Representations and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Terms; (c) any information you provide in connection with the Services accurately and truthfully represents your identity or your business; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these Terms. 

Part 3: General Provisions

3.1. Amendment of the Terms

GemIQ reserves the right to amend these Terms from time to time. We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined below) that arose before the changes will be governed by the Terms in place when the Dispute arose. You can review the most current version of the Terms of Service at any time at https://picupmedia.com/terms-of-service/.

3.2. Applicable Law and Jurisdiction; Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates applicable therein, without regard to its choice of law or conflicts of law principles.

Alternative Dispute Resolution:

Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (hereinafter, a "Dispute"), shall first be subject to settlement attempts by mediation. The parties shall endeavor to resolve any Dispute amicably through good faith negotiations, potentially with the assistance of a mediator agreed upon by the parties.

If the Dispute is not settled by mediation within thirty (30) days of the commencement of such mediation (or such further period as the parties may agree in writing), the Dispute shall be referred to and finally resolved by binding arbitration.

The arbitration shall be administered by the Dubai International Arbitration Centre (DIAC) in accordance with the DIAC Arbitration Rules in force at the time of the arbitration (the "Rules"). The number of arbitrators shall be one, to be appointed in accordance with the Rules. The seat, or legal place, of arbitration shall be Dubai, United Arab Emirates. The language to be used in the arbitral proceedings shall be English.

Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, or application may be made to such court for judicial recognition or acceptance of the award and an order of enforcement, as the case may be.

No Class Actions:

To the extent permitted by applicable law, you and GemIQ agree that each may bring disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. You and GemIQ each agree not to participate in a class action, a class-wide arbitration, disputes brought in a private attorney general or representative capacity, or consolidated disputes involving any other person or entity in connection with any dispute. 

If any provision of these Terms is found to be unenforceable, this shall not affect the validity of any other provision.

3.3. General

These Terms, including the Privacy Policy and any other policies or terms referenced herein, constitute the entire agreement between you and GemIQ with respect to your use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service. GemIQ’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision or any future enforcement of that right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. 

3.4. Operator

This Service is operated by GemIQ..

GemIQ is also referred to in these terms as “we”, “us” and “the Service”. If you have any comments or questions about the Service please contact us by email through our contact form.

3.5. Disclaimer of Warranties and Limitation of Liability

3.5.1. Disclaimer of Warranties

THE SERVICE AND ANY CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GemIQ, ITS LICENSORS, AND SUBCONTRACTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 

GemIQ MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE QUALITY OF THE SERVICE OR ANY CONTENT WILL MEET YOUR EXPECTATIONS; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (E) THE SERVICE WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE; OR (F) ANY OF THE SERVICE OR MATERIALS IS APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED ARAB EMIRATES (OR YOUR JURISDICTION). 

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR USER DATA TO GemIQ AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR USER DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT AND USER DATA. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

3.5.2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GemIQ, ITS AFFILIATES, LICENSORS, SUBCONTRACTORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE, OR ANY CONTENT OBTAINED THROUGH THE SERVICE. 

UNDER NO CIRCUMSTANCES WILL GemIQ BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR GemIQ ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. 

IN ALL CASES, GemIQ’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE,11 WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO GemIQ FOR THE SPECIFIC SERVICE(S) THAT DIRECTLY GAVE RISE TO THE DAMAGES CLAIMED DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00). 

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GemIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

Nothing in this Agreement shall affect any liability which GemIQ may have in respect of the death of, or personal injury to, any person resulting from GemIQ's negligence or operate to limit or exclude any liability for fraud or fraudulent misrepresentation or other liability which cannot be excluded by Applicable Law. 

3.6. Indemnity

You will indemnify, defend, and hold harmless GemIQ and its processors, licensors, subcontractors (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of United Arab Emirates or any other country; (e) any third-party claims made related to Your Content or your use of the Services; and (f) any other party’s access and/or use of the Services with your unique username, password or other appropriate security code. 

3.7. Notices

We may provide disclosures and notices required by law and other information about your GemIQ Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your GemIQ Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. All notices to GemIQ must be sent via the contact form on our website or to any other address GemIQ may specify.

3.8. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without GemIQ's prior written consent, and any attempted transfer or assignment will be null and void. GemIQ may assign its rights and obligations under these Terms, in whole or in part, without restriction and without notice to you. This Agreement shall be binding upon the successors and permitted assigns of each party. 

3.9. Severability

If any term, clause or provision of these Terms is held unlawful, void or unenforceable by a court of competent jurisdiction, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. 

3.10. Force Majeure

Neither party is liable to the other party for losses, damage, detention, or delays, or will be responsible if its performance becomes commercially impracticable, due to causes beyond the reasonable control of that party, including but not limited to strike, lockout, labor disputes or shortages, riot, revolution, mobilization, war, epidemic, pandemic, transportation difficulties, difficulties in obtaining necessary materials, manufacturing facilities, or transportation, working difficulties, machine breakdowns, accidents, fires, floods or storms, failure of suppliers, acts of God, sabotage, civil unrest, government imposed restrictions or embargoes, acts of civil or military authority, Applicable Law, inability to obtain material, hardware or transportation (collectively "Force Majeure"). In the event of delay in performance due to Force Majeure, any dates set out in the Agreement will be postponed by such period as may be reasonably necessary to compensate for the delay. 

3.11. Third-Party Beneficiaries

Except as otherwise expressly provided in these Terms (e.g., licensors or third-party software providers where specified), no provision in these Terms is intended or shall create any rights with respect to the subject matter of these Terms in any third party. 

3.12. No Relationship

This Agreement does not create any form of partnership, joint venture, agency, franchise, or employment relationship between you and us. 

3.13. Survival

In addition to any payment obligations, the following sections of these Terms survive and remain in effect in accordance with their terms upon termination: 1.2 (Privacy and Data Protection), 1.3 (Trademarks), 1.4 (Copyright and Intellectual Property, including 1.4.2 Ideas and Feedback), 1.5 (Confidentiality), 2.10 (Your Content and License Grant, including 2.10.1 Data Collection and Use for AI Training), 2.13.1 (Effect of Termination), Part 3 (General Provisions, including 3.2 Applicable Law, 3.5 Disclaimer of Warranties and Limitation of Liability, 3.6 Indemnity), and any other provisions that by their nature should survive termination.