- Agreement to Terms
These Terms of Service (“Terms”) govern your access to and use of the GemLabs website and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.
- Description of Services
GemLabs provides software development services including but not limited to:
- AI automation and integration services
- Web application development
- Mobile application development
- UX/UI design services
- Product strategy and consulting
- Custom software solutions
The specific scope, deliverables, timeline, and pricing for any project will be outlined in a separate agreement or statement of work.
- Use of Services
- Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.
- Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit any harmful, threatening, or offensive content
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Services
- Use the Services for any fraudulent or illegal purpose
- Intellectual Property Rights
- Our Property
All content, features, and functionality of our website and Services, including but not limited to text, graphics, logos, images, and software, are the exclusive property of GemLabs and are protected by copyright, trademark, and other intellectual property laws.
- Client Projects
Unless otherwise agreed in writing, upon full payment for services rendered, you will own the final deliverables created specifically for your project. GemLabs retains the right to:
- Showcase the work in our portfolio (unless confidentiality is agreed upon)
- Reuse general techniques, processes, and knowledge gained
- Retain ownership of any pre-existing intellectual property or reusable components
- Payment and Fees
Pricing for our Services will be outlined in project-specific agreements. General payment terms include:
- Payment terms will be specified in project agreements or invoices
- Late payments may incur additional fees or interest
- Work may be suspended if payment terms are not met
- All fees are non-refundable unless otherwise stated in writing
- You are responsible for all taxes associated with the Services
- Project Timeline and Delivery
While we strive to meet all agreed-upon deadlines, project timelines are estimates and may be subject to change based on:
- Scope changes or additional feature requests
- Delays in receiving necessary materials or feedback from you
- Unforeseen technical challenges
- Force majeure events beyond our reasonable control
We will communicate any potential delays promptly and work with you to establish revised timelines.
- Warranties and Disclaimers
We warrant that services will be performed in a professional manner consistent with industry standards. However:
- The Services are provided “as is” without warranties of any kind
- We do not guarantee that the Services will be uninterrupted or error-free
- We are not responsible for issues arising from third-party services or integrations
- You are responsible for maintaining backups of your data
- Limitation of Liability
To the maximum extent permitted by law, GemLabs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use or inability to use the Services
- Any unauthorized access to or use of our servers
- Any bugs, viruses, or similar harmful code
- Any errors or omissions in content
Our total liability for any claims under these Terms shall not exceed the amount paid by you to GemLabs in the twelve (12) months preceding the claim.
- Indemnification
You agree to indemnify, defend, and hold harmless GemLabs from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Content or materials you provide to us
- Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our business relationship. This obligation continues after the termination of services. A separate Non-Disclosure Agreement (NDA) may be executed for additional protection when necessary.
- Termination
Either party may terminate services with written notice. Upon termination:
- You remain responsible for payment of all services rendered up to the termination date
- We will deliver all completed work upon receipt of payment
- Any ongoing subscriptions or maintenance agreements will cease
- Provisions that by their nature should survive termination will remain in effect
- Dispute Resolution
In the event of any dispute arising from these Terms or our Services, both parties agree to first attempt to resolve the matter through good-faith negotiation. If a resolution cannot be reached within 30 days, the dispute may be submitted to mediation before pursuing legal action.
- Governing Law
These Terms shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions.
- Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new “Last updated” date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
- Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
- Entire Agreement
These Terms, together with any project-specific agreements or statements of work, constitute the entire agreement between you and GemLabs regarding the use of our Services and supersede all prior agreements and understandings.
Contact Us
If you have any questions about these Terms of Service, please contact us at:
GemLabs
Email: legal@gemlabs.ee