Terms & Condi
Gemia is a photo improving software product (hereinafter – the “Product”). The Product is owned and operated by ARVI VR INC and these Terms and Conditions will govern the relationship between you and ARVI VR INC.
The Agreements include information about future changes to the Agreements, automatic renewals, limitations of liability and privacy information.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
About the Product
The Product is provides automated solutions for improving your photos, with which even amateur photos will become more vivid and expressive. You buy our Product and you can use it without time limitation!
Grant of Right
Subject to these Terms and to the payment of fees, if applicable, ARVI grants you a worldwide, unlimited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Product. Except as explicitly provided in these Terms, you may not use the Product for any other purpose.
On-line demo version of Product and paid Products
Currently available on our website: free of charge on-line demo version of the Product with incomplete functionality, but allowing the user to understand the features of the Product and paid Products.
Free of charge on-line demo version of Product. To receive a demo version, the User registers on the website (see below User account) and provides his personal data. The User can try the Product and make an informed and balanced decision regarding the purchase of the Product
Paid Products. ARVI offers for purchase 2 variants of Product – Single License (for one device) and Family License (for 5 devices). Terms of sale and prices for each Product may vary, ARVI may from time to time carry out promotions and offer discounts on a particular Product.
When you register, website: https://gemia.me will ask you to provide certain contact and personal details. False, incorrect, or outdated information, such as an invalid email address, may prevent you from registering and impair the ability to provide you the Product.
You can decide whether you want to provide your personal data to ARVI. In this case, if you do not provide certain Personal Information, you do not gain access to the Product.
To log in, you must provide your email address.
Updates of Product
ARVI may from time to time in its sole discretion provide updates, but ARVI does not make any warranty with respect to the frequency of any updates.
ARVI will send such updates to the Product to your email address which you provided when purchasing the Product. PLEASE, DO NOT FORGET INFORM US (firstname.lastname@example.org) ABOUT CHANGE OF YOUR EMAIL ADDRESS
You may contact ARVI with any question about the Product, at email@example.com will make efforts to address your inquiry promptly.
Payments, Cancellations and Refund Policy
When you buy through the Website, ARVI collects your payment information and processes your payment as described below under “Payment Processing”. There is no charge or service fee for processing credit or debit card payments. Full payment by credit or debit card is required to purchase. Payment will be listed as ARVI on the credit or debit card statement.
- Prices listed on the Website.
- Unless otherwise specified, prices do not include any local taxes/duties or banks fee.
Under this Terms, the payment processing Products purchased on this Website are provided by multiple payment gate way providers on behalf of ARVI, depending on the type of payment method used for the purchase of Gemia. The User is free to choose his/her preferred payment gate way provider.
ARVI provides the full refund of your payment in the following cases:
When you stably encounter an error which is preventing you from using our software properly, and if ARVI not able to correct the error within an acceptable period of time or are unable to suggest a temporary solution.
PLEASE, NOTE: In this case, a refund is only given if you provide detailed information about your error, requested by our support staff, such as screenshots of error messages, log files, detailed descriptions of your actions, file samples, etc.
In all other cases, we do not refund. We assume that you have the opportunity to become familiar with all the features of the Product when testing our on-line demo version and you made an informed decision to purchase the Product.
Acceptable Use of the Product
When using the Product, you will abide by the applicable laws, rules and regulations, and by any usage guidelines ARVI may convey to you from time to time.
You may not access or use the Product for any illegal or abusive purposes, or to develop or create a similar or competitive product or service to the Product.
The User confirms that User does not violate any copyrights when using Product for improving photos. The User confirms that the copyright to the photos that User will use belong exclusively to User and User has the right to change photographs (reprocessing) by their processing by various programs, the scale of use, the creation on their basis of derivatives.
In addition, the User also confirms that:
(i) User has obtained the consent of the model (an individual whose image is in the photograph used the Product) for the use of his photographic image, its reproduction and distribution without any restrictions, as well as changes in photographs (reprocessing), their processing by various programs, the scale of use, the creation on their basis of derivatives.
(ii) User is aware, that only the User has the right to access the photos he has placed of temporary access limited by User`s access (login, password). The User is aware that in the event that his photos are placed in open access, the event can only be due to his negligence and the consequences that will entail such an event become the sole responsibility of the User.
- keep the Product in confidence and not disclose or make them available to any third party;
- not create derivative works based on the Product or any components thereof, or combine the Product with any other software;
- not create derivative works based on the Product or any components thereof, or combine the Product with any other software;
- comply with all laws, rules and regulations applicable to the Products, including, without limitation, the restrictions, laws, rules and regulations of the territory to where Product would be used.
All ARVI`s trademarks, service marks, trade names, logos, domain names, and any other features of the ARVI brand are the sole property of ARVI or its licensors. The Agreements do not grant you any rights to use any ARVI Brand Features whether for commercial or non-commercial use. User have no right, title or interest in any of the intellectual property in or associated with the Product or the ARVI website, including, without limitation, patent, copyright, trademark, trade secret, know-how, ideas, technical information, user interfaces, processes, improvements and modifications (collectively “IP Rights”), and User acknowledge and agree that ARVI retain all of the IP Rights
Except for the rights expressly granted to you in these Agreements, ARVI grants no right, title, or interest to you in the Gemia Product.
Term and Termination
The Agreements will continue to apply to you until terminated by either you or ARVI. ARVI may terminate the Agreements or suspend your access to the Gemia at any time, including in the event of your actual or suspected unauthorised use of the Gemia, or non-compliance with the Agreements. If you or ARVI terminate the Agreements, or if ARVI suspends your access to the Gemia, you agree that ARVI shall have no liability or responsibility to you and ARVI will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Gemia account, please contact us through the contact form. You may terminate the Agreements at any time.
This Terms may be updated from time to time for any reason; each version will apply to information collected while it was in place. We will notify you of any material changes to our Terms by posting the new Terms on our website. You are advised to consult this Terms regularly for any changes. These Terms and Conditions are effective as of July 1, 2019.
These Terms and Conditions are governed by and construed in accordance with the laws of USA and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
As between User and ARVI, the Product is delivered “as is”. ARVI website is provided on an “as is” basis. ARVI does not make any representations, warranties or guarantees of any kind whatsoever.
Limitation of Liability; Indemnification; Release
User shall indemnify, defend and hold harmless ARVI and its affiliates, and each of their officers, directors, shareholders, agents, representatives and employees (each, an “Indemnified Party”), from and against any and all claims, losses, liabilities, damages, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including, without limitation, court costs and reasonable attorneys’ and consultancy fees), arising directly or indirectly, in whole or in part, out of: (a) any breach or threatened breach of this Agreement by User; (b) using the Product in violation of the obligations or guarantees of the User; or (c) User negligence, gross negligence or willful misconduct.
Invalidity of Provision
In the event that any provision of this Agreement is determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. Furthermore, in lieu of such invalid or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
By visiting our web-site and providing information to us, you consent to such transfer to, and processing in the USA.
The Personally Identifiable Information, that you provide
ARVI receives and stores information you enter on our website or give Gemia in any other way. You provide most of your information through forms you fill out to contact ARVI, including, but not limited, the data to communicate with you – your IP address, full user name, email address, city, time zone, phone number, and other information that you decide to provide ARVI with, and to manage your registered user account. In additional, ARVI will receive to following technical information: access device and connection information such as browser type, version and time zone setting, browser plug-in types and versions, operating system and platform.
As a paying user of the Product, ARVI will receive your payment transaction details (for example, the amount paid and the date of payment), from the payment service provider that processed your payment.
When you use online demo version, you upload your photos.Please be informed, that your photos are not used for any kind of human or automated analytics, categorization, whatsoever. All uploaded photos will be deleted after 1 month saving on Gemia. If you delete your photo, it would be removed automatically.
Restictions (Our Policy towards children): You (User) must be older than 18 years and we do not knowingly solicit or collect personal information from children below the age of 18 when offering ARVI (except if explicit consent from parent or custodian is obtained in prior). If we discover that accidentally User collected personal information from a child below this age, we will remove that child’s personal information from our records as soon as reasonably possible.
How we use the Personal Identifiable Information
ARVI may store and use User`s Personal Information and, without further notice to User, provide User`s Personal Information to ARVI affiliates or to third parties:
- to enable the Product’s tools and features, to study and analyze the functionality of the Products and users’ activities, to provide support, to measure Product activity for pricing purposes, to maintain the Product, to make it better and to continue developing the Product:
- to inform User about Product upgrades, our special offers, other commercial and marketing information (including from third parties);
- ensure compliance with legislative requirements;
- ensure compliance with the terms and conditions, including investigations of possible violations; and
- for any other lawful purposes.
If necessary, we will use your personally identifiable information to enforce our terms, policies and legal agreements, to comply with court orders and warrants, and assist law enforcement agencies, to collect debts, prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Product, and to take any action in any legal dispute and proceeding.
Sharing and Disclosure personally identifiable information
ARVI does not use your personally identifiable information in any way other than permitted by law. Based on the above, ARVI can and should disclose your personally identifiable information with service providers and other third parties, if necessary to fulfill the purposes for collecting the information. Any such third party will commit to protect your privacy as required under the applicable law and this policy.
We engage certain trusted third parties to perform functions and provide services to us, including, without limitation:
Service providers: hosting and maintenance, billing, customer relationship, database storage and management, external partners, agents or contractors to provide services on its behalf, including administering our media and services available to User and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
For example, we will share your payment transaction details with the payment services providers, to process and verify your payments. We will use a service provider to manage our email messages transmission.
Affiliates: We may provide your personally identifiable information to our affiliates or related companies for legitimate business purposes.
Compliance with Laws and Law Enforcement: ARVI may disclose User`s personal information if it is required to do so by law or if, in ARVI good faith judgment, such legal disclosure is reasonably necessary to comply with legal processes or respond to any claims. ARVI may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of ARVI or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
Aggregated and Analytical Information
Like many websites, we also use “cookie” technology to collect additional website usage data and to improve the website and our Software. A cookie is a small data file that we transfer to your computer’s hard disk. We may use both session cookies and persistent cookies to better understand how you interact with the website and our Product, to monitor aggregate usage by our users and web traffic routing on the website, and to improve the website and our solutions. A session cookie enables certain features of the website and our Product and is deleted from your computer when you disconnect from or leave the website.
A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the website. Persistent cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
We will share your personally identifiable information only subject to the terms of this policy, or subject to your prior consent.
Rights of the personally identifiable information User
Choice. You can decide whether the User wants to provide User`s personally identifiable information to ARVI. In this case, if you do not provide certain personally identifiable information, you do not gain access to the Product. If you have made the choice and decided to gain access to the Product, ARVI may add to ARVI`s database User`s Personal Information and use it (or instruct designated ARVI persons to use) for the purposes set forth in this Policy and the Terms and Conditions.
Unscribe. At any time, you can unsubscribe our mailing lists or newsletters, by sending us an opt-out request to: firstname.lastname@example.org
Stop using website and Product. At any time you can stop using this website and Gemia. Termination of your account is subject to the terms of your subscription agreement with us.
Changes. If you are a registered user of the website, you may access and update or correct the information you provided to us by e-mailing us at email@example.com.
Access of the personally identifiable information User. At any time, you can contact us at: firstname.lastname@example.org and request to access the personally identifiable information that we keep about you. We will ask you to provide us certain credentials to make sure that you are who you claim to be and to the extent required under the applicable law, will make good-faith efforts to locate your personally identifiable information that you request to access. If you are eligible for the right of access under the applicable law, you can obtain confirmation from us of whether we are processing personally identifiable information about you, and receive a copy of that data, so that you could:
- verify its accuracy and the lawfulness of its processing;
- request the correction, amendment or deletion of your personally identifiable information if it is inaccurate or if you believe that the processing of your personally identifiable information is in violation of the applicable law.
Your EU Data Subject Rights
If User is residing in the European Union, User is aware and agree, that User`s personally identifiable information transferred outside the European Union or the European Economic Area.
If EU data protection laws apply to the processing of your personal data by ARVI, then the following terms apply:
For the purposes of the Gemia Product, ARVI is data processor, but our clients (customers, Users of Gemia Product) are data processor and/or data controllers, as well.
Where we process your personal data as a data controller, the processing is based on the following lawful grounds:
- All processing of your personal data which are not based on the lawful grounds indicated below, are based on your consent.
- We process your account and payment details to perform the contract with you.
- We will process your personal data to comply with a legal obligation and to protect your and others’ vital interests.
- We will further rely on our legitimate interests, which we believe are not overridden by your fundamental rights and freedoms, for the following purposes:
- Communications with you, including direct marketing where you are our client or a user of our client, or where you make contact with us through our website and other digital assets.
- Cyber security.
- Support, customer relations, service operations.
- Enhancements and improvements to yours and other users’ experience with our services.
In addition to your rights under other sections in this policy, you have the following rights:
AT ANY TIME, CONTACT US IF YOU WANT TO WITHDRAW YOUR CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA. EXERCISING THIS RIGHT WILL NOT AFFECT THE LAWFULNESS OF PROCESSING BASED ON CONSENT BEFORE ITS WITHDRAWAL.
You can delete information in your account or request to delete or restrict access to your personal data via email email@example.com. If you exercise one (or more) of the above-mentioned rights, in accordance with the provisions of applicable law, you may request to be informed that third parties that hold your personal data, in accordance with this policy, will act accordingly.
You may ask to transfer your personal data in accordance with your right to data portability.
You may object to the processing of your personal data for direct marketing purposes. Additional information about this right is available under the Choice section in this policy.
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affecting you.
You have a right to lodge a complaint with a data protection supervisory authority of your habitual residence, place of work or of an alleged infringement of the GDPR.
If we need to delete your personal data following your request, it will take some time until we completely delete residual copies of your personal data from our active servers and from our backup systems.
If you have any concerns about the way we process your personal data, you are welcome to contact our team at: firstname.lastname@example.org. We will look into your inquiry and make good-faith efforts to respond promptly.