Terms of Use

Article 1. Purpose

The Gemster application, available on the web, is a cultural hub that allows any individual user to track, organize and discover cultural works of all kinds: movies, TV shows, video games, manga, comics and books.

These Terms of Use define the terms and conditions for accessing the services offered by the application, as well as the rights and obligations of each party.

The Terms of Use constitute the entire agreement between GEMSTER and the user and supersede any prior agreement with the same purpose. They are accessible at any time from the application.

Article 2. Application operator

The application is operated by GEMSTER, a French SAS registered under SIREN number 102 386 059, with registered office at 68 Rue du Président Doumer, 33500 Libourne, France.
Email: hello@gemster.io

Article 3. Acceptance of the Terms

When registering, the user declares that they have read and expressly accepted these Terms of Use through the checkbox provided for that purpose. Acceptance must be full and complete. Any user who does not accept the Terms must not access the application or use the services.

Article 4. Access to the services

The application is accessible to any individual with full legal capacity and at least 13 years old. Users under 16 must obtain prior approval from their legal representative before creating an account.

Access to the services requires an internet connection, for which the user is solely responsible. Service quality depends directly on that connection.

Article 5. Registration and user account

5.1 Registration process

To access the services, the user must create an account by providing a valid email address and password. Incomplete registrations will not be validated. A confirmation email will be sent to the provided address to activate the account.

GEMSTER reserves the right to implement any verification process deemed useful after registration.

5.2 Strictly personal use

Only one account per user is allowed. The user agrees to use the services strictly personally. The user is solely responsible for the confidentiality of their credentials and for all activity carried out through their account. In case of unauthorized use, the user agrees to notify GEMSTER immediately at hello@gemster.io.

Article 6. Description of the services

6.1 Tracking, organizing and listing works

The application allows users to add cultural works to personal lists, create and manage custom lists, indicate a progress status, assign a rating and write personal comments. This data forms the user's personal library.

6.2 Personalized recommendations

Gemster's proprietary algorithm analyzes user preferences to suggest works likely to match their taste, including lesser-known works. GEMSTER does not guarantee that recommendations will specifically meet every user's expectations, as the algorithm is continuously improved.

6.3 Social space

Users may add other users as friends to view recent cultural activity, share discoveries and receive advice based on shared tastes. Users control the visibility granted to their profile and activity at all times.

6.4 Browsing and cultural information

The application provides browsing and cultural information sections, including upcoming releases, latest releases, personal history and cultural statistics. This content and data are regularly updated from partner databases.

Article 7. Financial terms

Access to the application and basic services is free. Internet connection costs remain the sole responsibility of the user.

GEMSTER reserves the right to introduce a paid premium offer in the future. In that case, pricing and related features will be clearly communicated before any subscription, in accordance with applicable law.

Article 8. User obligations

When using the services, users agree to comply with all applicable laws and regulations. It is prohibited to publish through the application:

• pornographic, obscene, violent, racist, xenophobic or defamatory content;
• content infringing third-party rights, including intellectual property rights;
• misleading, fraudulent or deceptive content;
• content harmful to computer systems, such as viruses or malware;
• any content infringing a third party's privacy.

Users are solely responsible for the content they publish and interactions they initiate within the application.

Article 9. Intellectual property of user content

Users retain ownership of the content they create in the application. By publishing it, they grant GEMSTER a non-exclusive, worldwide, free license to display it within the application, especially as part of social features.

Work records, visuals and cultural metadata available in the application come from third-party databases and remain the property of their respective rights holders.

Article 10. Personal data

GEMSTER processes users' personal data in accordance with its Privacy Policy, available from the application. Data is processed solely to provide the services described in these Terms.

In accordance with Article L.223-1 of the French Consumer Code, users may register on the Bloctel telephone solicitation opt-out list (www.bloctel.gouv.fr).

Article 11. Duration of services

These Terms apply throughout the user's use of the services, until account deletion.

Article 12. Termination by the user

Users may delete their account at any time from their personal settings. Deletion immediately terminates the services and removes associated data under the conditions set out in the Privacy Policy.

Article 13. Termination for breach

If the user breaches any obligation under these Terms, GEMSTER reserves the right to suspend or terminate access to the services after formal notice remains ineffective for ten (10) calendar days. In the most serious cases, suspension may occur immediately and without notice.

Article 14. GEMSTER liability

GEMSTER undertakes to provide the services diligently and according to professional standards, under a best-efforts obligation. Its liability is limited to providing the services described in these Terms.

GEMSTER may not be held liable for service interruptions caused by maintenance, malicious acts by third parties, force majeure or telecommunications network failures.

Information about cultural works is provided for information only and may not be exhaustive or current.

Article 15. Changes to the Terms

GEMSTER reserves the right to modify these Terms at any time. Users will be informed of any substantial change at least fifteen (15) days before it takes effect, by in-app notification or email. Continued use after that period constitutes acceptance of the new Terms.

Article 16. Applicable law and jurisdiction

These Terms are governed by French law. In the event of a dispute, users are invited to contact Gemster customer service first at hello@gemster.io or by mail to GEMSTER's registered office.

If no amicable resolution is reached within two (2) months, users may refer the matter to an approved consumer mediator or to the European online dispute resolution platform (ec.europa.eu/consumers/odr).

Failing amicable agreement, any dispute will be submitted to the competent courts of the registered office of GEMSTER.

Article 17. Entry into force

These Terms came into force in May 2025.

GEMSTER SAS - SIREN 102 386 059 - hello@gemster.io