Terms of Service

Last updated: Dec 7, 2023

Thank you for using Gemoo! These Terms of Service (the “Terms”) govern your access to and use of the Gemoo (“we”, “our” and “us” in Terms) services. You acknowledge that these Terms, which apply to all users of our products and services, including casual visitors, will apply to you by creating an account.

1. Registration and Software

Gemoo provides software services for you. Follow the steps on the home page to download and register to use the smooth and productive service.

Subject to these Terms, Gemoo grants to its authorized users a limited, non-exclusive, non-transferable, non-sublicensable license to download and use the software to the extent necessary to use the services.

When you register, Gemoo may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry, and personal interests. You can edit your account information at any time. But don't worry, we have a dedicated team to securely encrypt and protect your private information.

And we have the right to update software and change the terms of service automatically.

2. User Eligibility

You may use Gemoo only if you can form a legally binding contract with us and comply with these terms and all applicable local, state, national, and international laws, rules, and regulations.

To use Gemoo, you must be at least 13 years of age, and in some cases even older (please check your local laws for the age of digital consent). You represent and warrant that you meet the applicable age requirements and have the capacity to agree to these Terms, or, if you are unable to form a binding contract under applicable law, you represent and warrant that you have the permission of your parent or legal guardian to use Gemoo and that your parent or legal guardian also agrees to these Terms.

If you are a parent or legal guardian of a Gemoo user who cannot form a binding contract under applicable law, you agree to these Terms and are responsible for the activities of the Gemoo user.

3. License

We grant you a non-exclusive, non-transferable, revocable license to use our products for personal or commercial purposes, subject to these Terms of Service.

4. Prohibited Activities

You agree not to engage in any of the following activities while using our software:

• Breaking any laws or rules that may be relevant

• Infringing upon the intellectual property rights of others

• Uploading or sharing content that is illegal, harmful, or offensive

• Interfering with the proper functioning of our platform

• Attempting to gain unauthorized access to our systems

• Transmit viruses, worms, or other software agents through Gemoo

• Engaging in any fraudulent or deceptive activities

If you lead or participate in any of the restricted events mentioned, Gemoo will have the right to ban your account and stop other services provided by us, as well as to defend our interests through legal means.

5. Pricing and Payment

The Site and Services' prices, promotions, and exclusive deals are all subject to change at any time. Without any commitments, responsibilities, or advance warning, Gemoo retains the right to change the subscription costs for using FocuSee paid plans, Clippa paid plans, or other premium features on the Site and Services.

• Fees

The customer acknowledges and accepts that the Fees must be paid in line with the Order's payment conditions. The customer is responsible for paying applicable Taxes.

• Renewals

Unless otherwise stated on an Order, each Subscription Term will automatically renew, unless the customers cancel their subscription at least 60 days prior to renewal.

Customer authorizes Gemoo to charge Customer’s credit card on file or invoice Customer for each renewal until Customer cancels their subscription.

• Downgrades

Gemoo may downgrade the customer with reasonable notice if the customer doesn't pay the fees when they're due. Although these Terms will still be in effect if Customer is downgraded, they will no longer have access to some features or capabilities.

• Price Changes

If Gemoo raises its prices, it will notify customers at least 30 days in advance and the new price will take effect at renewal. Customer allows Gemoo to collect payment for the increased price if Customer does not cancel its membership before renewal.

6. Disclaimer of Warranty

Our software is provided on an "as is" and "as available" basis. We do not warrant that our service will be uninterrupted, error-free, or secure. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

In no event shall we be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of our products. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses.

8. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses arising out of or in connection with your use of our products or any violation of these Terms of Service.

9. Changes to Terms

We reserve the right to modify or update these Terms of Service at any time without prior notice. It is your responsibility to review these terms periodically for any changes.

10. Suspension and Termination

• Suspension

Gemoo may suspend a user's access to the services in the following circumstances: (a) to the extent required by law, (b) to prevent risk of injury, death or credibility to Gemoo, the services or its users, (c) for repeated violations of our terms and policies (including our copyright policy). If feasible, Gemoo will make reasonable efforts to contact users and give our user an opportunity to resolve the issue prior to suspension.

• Termination

For convenience, users may terminate these terms at any time by deleting accounts, including all associated administrator and authorized user accounts. Upon termination, Gemoo may delete or anonymize all user data for a commercially reasonable period of time, and each party will return or delete any other confidential information in its possession.

11. Applicable Laws

When completing your purchase, a billing statement including ‘gemoo.com’ and the country code such as 'HK’,'UK’, etc. would be displayed on the payment page and/or your card statement. All purchases are governed by the Local Law of the corresponding country, as indicated by the country code in the billing statement.

12. Third Party Links and Integrations

We are partnering with third-party services to provide you with instant access to millions of video, audio, and image files. By using our site and services, you represent and warrant that you have accepted the T&C and the TOS of the following third-party services:

Artlist: https://artlist.io/help-center/privacy-terms/terms-of-use/

Epidemic Sound: https://www.epidemicsound.com/policy/general-terms-and-conditions/

Fesliyan Studios: https://www.fesliyanstudios.com/policy

Unminus: https://www.unminus.com/terms

Pixabay: https://pixabay.com/service/terms/

13. Privacy

We are committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information.

14. Security

We have implemented commercially reasonable technical and organizational measures designed to protect your content from accidental loss and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat these measures or use your content for improper purposes. You understand that Internet technology has the inherent potential for disclosure. You acknowledge that you provide your content at your own risk. You can learn more about our security measures at Security.

15. Contact Us

If you have any questions or concerns regarding these Terms of Service, please contact us at cs@gemoo.com.