Terms of Service

1. Acceptance of these terms

These Terms of Service ("Terms") are an agreement between you and GemDiagram.com ("Gem Diagram", "we", "us") covering your use of the Gem Diagram website and design application at gemdiagram.com (together, the "Service").

By creating an account, subscribing to a paid plan, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you confirm you are authorized to accept these Terms for it.

2. The service

Gem Diagram is a browser-based tool for designing gemstone cuts. It includes an interactive facet-diagram designer, a cutting assistant, a rough planner, and supporting documentation and marketing pages. The design application runs in your web browser.

We offer a free tier and a paid Pro subscription plan (monthly or yearly). Features available to you depend on your plan. We may add, change, or remove features over time to improve the Service.

3. Your account

To access certain features you create an account with your email address and a password. We may ask you to verify your email and to complete a one-time email code (email-based two-factor) when signing in. You are responsible for keeping your password and email secure and for all activity under your account.

Accounts are personal and for one person. An account is intended for a single user. You may not share your account, or your login credentials, with anyone else.

One active session at a time. Only one device can be signed in to your account at once. If you sign in on a second device, the first session is automatically signed out. This is by design, both as a security measure and to enforce one-user-per-account. Resetting your password also signs out all active sessions.

You must provide accurate information and keep it current. You must be old enough to form a binding contract to use the Service (see our Privacy Policy regarding children).

4. Plans, billing, and cancellation

Paid plans are billed through Stripe, our payment processor. When you subscribe, you authorize us, through Stripe, to charge your payment method on a recurring basis until you cancel. We never see or store your full card number — payment details are handled by Stripe.

Plans are offered monthly or annually. Annual plans are billed once per year at a discount to the equivalent monthly price. There is no free trial for paid plans; the free tier lets you explore the workflow without a card.

Price changes. We may change subscription prices. If we do, the new price applies to your next billing period, and we will give you reasonable advance notice before it takes effect.

Cancellation. You can cancel at any time from the billing portal in your account. Cancellation takes effect at the end of your current paid period — you keep access until then, and you are not billed again after that.

No refunds. Access to paid features begins immediately on purchase. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial periods. Any refund we choose to give is at our sole discretion and does not obligate us to give another. If you are a consumer in the EU or UK, you are asked at checkout to acknowledge that delivery of digital content begins immediately and to waive your 14-day right of withdrawal; once you do, that withdrawal right no longer applies.

Promotional one-time purchases. From time to time we may offer a plan for a single one-time fee instead of a recurring subscription (for example, a lifetime offer). A one-time promotional purchase is not a subscription: it does not renew, you are never billed again, and there is nothing to cancel. In exchange for the one-time fee, we guarantee access to the plan's features, as the Service exists and evolves from time to time (that is, "as is"), for one year from the date of purchase. After that first year, your access continues at no additional charge for as long as we continue to operate the Service. A promotional purchase is not a commitment that the Service will be operated for any particular period beyond that first year, and if we permanently discontinue the Service after the first year, no refund or credit is owed. All other terms, including the no-refund policy above and the acceptable use rules, apply to promotional purchases.

5. Acceptable use

When using the Service you agree not to:

• share your account or let anyone else use your login;
• scrape, bulk-download, resell, or redistribute our documentation, site content, or software;
• probe, overload, or abuse our contact form, login, or other endpoints, or attempt to bypass the rate limits and security measures that protect them;
• attempt to gain unauthorized access to the Service, other accounts, or our systems;
• use the Service to break the law or infringe someone else's rights; or
• reverse engineer or interfere with the Service except to the extent the law expressly permits.

We may rate-limit, suspend, or terminate access that violates these rules or threatens the Service or other users.

6. Your designs

You own the gem designs you create. The design application runs entirely in your browser, and your designs and facet data are not uploaded to or stored on our servers — they stay on your device unless you choose to export or share them yourself. Because we do not hold your designs, you are responsible for keeping your own backups of any work you want to preserve.

7. Our intellectual property

The Service itself — including the Gem Diagram software, website, documentation, text, graphics, and branding — is owned by GemDiagram.com and protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable license to use the Service under these Terms. Nothing here transfers any of our rights to you. You may not copy, resell, or create derivative works from our content or software except as these Terms or the law allow.

Individual-use license. Your account and license are for you as one individual. You may use the Service for your own personal and professional lapidary work — including designing, cutting, and selling stones you cut, and sharing previews of your own designs with your own clients. You may not resell, sublicense, rent, or share access to the Service; use the Service on behalf of third parties as a bureau, agency, or service provider; use it to build or operate a competing product or service; or otherwise commercially exploit the Service itself. What you create with the Service is yours (see Section 6); the Service itself is licensed for your individual use only.

Copyright complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice with the information required under the U.S. Digital Millennium Copyright Act (identification of the work, the material, your contact details, a good-faith statement, and your signature) to our designated agent at . We respond to valid notices and may remove infringing material and terminate repeat infringers.

8. Disclaimers

The Service provides design guidance and visual previews. It is not professional lapidary, gemological, financial, or other professional advice. Angles, yields, and previews are estimates generated by software; cutting a real stone based on any design is done entirely at your own risk, and results depend on your material, equipment, and skill. Always verify critical measurements yourself before cutting.

No warranty. The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that previews will exactly match a finished stone.

No guarantee of functionality, uptime, or continuity. Except as expressly stated for promotional one-time purchases in Section 4, we do not guarantee any particular feature, level of functionality, uptime, availability, or support, and we do not guarantee that the Service will continue to operate for any period of time. Features may change, break, or be removed, and the Service may be interrupted, suspended, or discontinued at any time. Nothing in these Terms or anywhere else is a service-level commitment.

9. Limitation of liability

To the fullest extent permitted by law, Gem Diagram will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or ruined material (including damaged rough or finished stones), arising out of or relating to your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the twelve months before the claim. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless GemDiagram.com and its owner, affiliates, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or connected with: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any law or of any third party's rights; or (d) any design you create, export, cut, sell, or otherwise use outside the Service. We may assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such matters.

11. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms — including for account sharing or abuse of the Service — or where we must for legal or security reasons. We may also suspend or terminate any account at any time, for any reason or for no reason, at our sole discretion. If we terminate a paid account without cause, we will refund the prorated unused portion of any prepaid subscription period — or, for a promotional one-time purchase terminated without cause within its first year, a prorated portion of the one-time fee. No refund is owed when termination is for breach of these Terms or abuse of the Service. On termination, your right to use the Service ends. Sections that by their nature should survive (such as intellectual property, disclaimers, limitation of liability, indemnification, and the arbitration agreement) continue to apply.

12. Governing law

These Terms are governed by the laws of the United States and the State of Florida, without regard to conflict-of-laws rules. For any dispute that is not subject to arbitration under Section 13, you agree that the state and federal courts located in Florida have exclusive jurisdiction, and you consent to venue there.

13. Dispute resolution and arbitration

Binding arbitration. You and Gem Diagram agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis, rather than in court. Exceptions: either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in English, and held in Florida or remotely by written, telephone, or video submission. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action and jury waiver. You and Gem Diagram each waive the right to a trial by jury and the right to participate in a class action, class arbitration, or any other representative proceeding. Disputes may be brought only in an individual capacity.

Opt-out. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms, stating the email address on your account and that you are opting out of arbitration. Opting out does not affect any other part of these Terms.

14. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you. Continuing to use the Service after changes take effect means you accept the revised Terms.

15. Contact

Questions about these Terms? Email us at .