Gem Studio Terms & Conditions

These terms and conditions apply to the Gem Studio app (hereby referred to as "Application") for mobile devices that was created by Artsem Akhuba (hereby referred to as "Service Provider") as a free, ad-supported service with an optional paid subscription and optional in-app purchases.

Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application.

If you obtained the Application from the Apple App Store, Apple's Licensed Application End User License Agreement also applies to your use of it.

Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.

The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.

Personal data and device security

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application, including the credentials of the account you use to sign in.

The Service Provider strongly advises against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone's security features, and may result in the Application not functioning correctly or at all.

Third-party services

Please note that the Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:

GemStudio Premium subscription

GemStudio Premium is an optional auto-renewing subscription with monthly and annual billing periods. It opens every material in the catalog, removes advertising, and adds monthly AI credits as described below. The price, billing period, and renewal terms are shown in the Application and by the app marketplace you use, Google Play or the App Store, before you confirm a purchase. Payment is charged to your Google Play account or your Apple Account when you confirm the purchase or, if a free trial applies, when the trial ends.

The subscription renews automatically at the end of each billing period at the then-current price unless you cancel it. You can cancel at any time in Google Play (Payments & subscriptions → Subscriptions) or, for an App Store subscription, in your Apple Account settings (Settings → your name → Subscriptions). On the App Store, cancel at least 24 hours before the end of the current period to stop the next renewal: the renewal is charged to your Apple Account within the 24 hours before the period ends. After you cancel, access continues until the end of the period already paid for, and the subscription does not renew. If the store cannot collect a renewal payment, access may continue for a short grace period while you update your payment method. Price changes are announced by the store in advance, as its policies require. Refunds are handled under the refund policies of Google Play or Apple; App Store refunds are requested from Apple.

Free trial. The annual plan may be offered with a free trial to accounts that have not had a GemStudio Premium subscription before; the store decides who is eligible (on the App Store, a free trial is offered once per Apple Account). The length of the trial, the date it ends, and the price that follows are shown before you start it. Unless you cancel in the store before the trial ends (on the App Store, at least 24 hours before it ends), it converts into a paid annual subscription at the end of the trial and the annual price is charged. If you cancel during the trial, you are not charged and access ends when the trial ends. On the App Store, any unused part of a free trial ends when you buy a subscription.

The Service Provider may also grant GemStudio Premium without payment as a promotion, for example to users who bought materials in earlier versions of the Application. Promotional access ends on the date shown in the Application and does not renew automatically.

When a subscription, trial, or promotional access ends, your saved designs stay in your account and remain editable, including the premium materials already placed in them; other premium materials become unavailable for new designs until you subscribe again. Deleting your Gem Studio account does not cancel a subscription or a free trial: cancel it in Google Play or in your Apple Account settings before you delete your account.

In-app purchases and AI credits

The Application also offers one-time in-app purchases of AI credits, which are used to create AI-generated photos of your designs. The number of credits a photo costs is shown in the Application before you create it. AI credits are sold separately from GemStudio Premium and can be bought without a subscription.

While a paid GemStudio Premium subscription is active, the Application adds a bonus of AI credits for each paid month, including each month of an annual subscription; the current amount is shown in the Application. No bonus credits are added during a free trial or promotional access. AI credits have no cash value, cannot be transferred or exchanged for money, and remain in your account after a subscription ends.

Versions of the Application released before version 3.0 sell in-app coins used to unlock materials until those products are retired. These purchases are billed and handled in the same way.

All purchases are billed through the app marketplace you use, Google Play or the App Store, and are subject to that marketplace's payment terms and refund policies. Prices are shown in the Application before you confirm a purchase. Purchases and AI credits are linked to your Gem Studio account; deleting your account permanently removes any remaining AI credits and purchased content.

Connectivity, billing, and availability

Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

If you are using the Application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the Application, or other third-party charges. By using the Application, you accept responsibility for any such charges, including roaming data charges if you use the Application outside of your home territory without disabling data roaming. If you are not the bill payer for the device on which you are using the Application, they assume that you have obtained permission from the bill payer.

Similarly, the Service Provider cannot always assume responsibility for your usage of the Application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

Liability and updates

In terms of the Service Provider's responsibility for your use of the Application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties to provide information to them so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the Application.

The Service Provider may wish to update the Application at some point. The Application is currently available as per the requirements for the operating system, and for any additional systems they decide to extend the availability of the Application to, and these requirements may change. You will need to download the updates if you want to continue using the Application.

The Service Provider does not guarantee that it will always update the Application so that it is relevant to you and compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the Application when offered to you. The Service Provider may also wish to cease providing the Application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the Application, and (if necessary) delete it from your device.

Changes to These Terms and Conditions

The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.

Contact Us

If you have any questions or suggestions about the Terms and Conditions, please contact the Service Provider at gemstudio.app@gmail.com.