Gem Studio — Terms of Service

Last updated: July 20, 2026

Overview

The terms "we," "us," and "our" refer to Gem Studio. Gem Studio operates this store and website, including all related information, content, features, tools, products, and services that provide you, the customer, with a curated shopping experience (the "Services"). Gem Studio is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced here (the "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information covering warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access the Services.

Section 1 — Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete, and that you have the rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 — Our Products

We have made every effort to represent our products accurately. Colors and product appearance may differ from what you see on screen due to your device type, settings, and configuration. We do not warrant that the appearance or quality of any product will meet your expectations or match what is depicted online.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product and to limit the quantities we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Gem Studio reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment first. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after acceptance. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided.

Purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed and set out in your order confirmation email. Unless expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices online may differ from those in physical or third-party stores.

Promotions may be governed by separate terms. If those terms conflict with these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase and account information, and to update it promptly so we can complete your transactions and contact you as needed. You represent and warrant that the credit card information you provide is true and complete, that you are authorized to use the card, that charges will be honored, and that you will pay all charges at the posted prices, including shipping, handling, and applicable taxes.

Section 5 — Shipping and Delivery

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

Section 6 — Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Gem Studio, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any material on the Services without our prior written consent. Nothing in these Terms grants any license or rights under any patent, trademark, copyright, or other intellectual property of Gem Studio, Shopify, or any third party except as expressly provided. All rights not expressly granted are reserved.

Gem Studio's names, logos, product and service names, designs, and slogans are trademarks of Gem Studio, its affiliates, or licensors, and may not be used without prior written permission. Shopify's marks are trademarks of Shopify. All other marks belong to their respective owners.

Section 7 — Optional Tools

You may be given access to third-party tools that we neither monitor nor control. We provide access to these tools "as is" and "as available" without any warranties, representations, or conditions, and without endorsement. We have no liability arising from your use of optional third-party tools. Any use is at your own risk, and you should review and approve the relevant third party's terms. New features or tools we release in the future are also part of the Services and subject to these Terms.

Section 8 — Third-Party Links

The Services may contain materials and links to websites operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm related to your access, purchase, or use of third-party sites, products, or services. Review third-party policies carefully before transacting, and direct any related complaints to that third party.

Section 9 — Relationship with Shopify

Gem Studio is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Gem Studio. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Gem Studio, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Gem Studio.

Section 10 — Privacy

All personal information we collect is subject to our Privacy Policy, and certain information may be subject to Shopify's Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes information about your use of the Services to provide and improve them. Information you submit may be shared with Shopify and third parties, which may be located in countries other than where you reside, to provide services to you. See our Privacy Policy for details.

Section 11 — Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display it in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives received in connection with it, and that it complies with these Terms. We have no obligation to keep Feedback confidential, to compensate you, or to respond.

We may, but are not obligated to, monitor, edit, or remove Feedback we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's rights or these Terms. Your Feedback must not violate any third-party right, contain unlawful or abusive material, or contain any virus or malware. You may not use a false email address, impersonate anyone, or mislead us as to the origin of Feedback. You are solely responsible for your Feedback and its accuracy.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally information in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order. We undertake no obligation to update information except as required by law.

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any regulations, rules, laws, or ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate against any person; (e) to transmit false or misleading information; (f) to use or re-use material that does not comply with these Terms; (g) to transmit spam, junk mail, chain letters, or similar solicitations; (h) to impersonate any person or entity; or (i) to engage in conduct that restricts anyone's use of the Services or that may harm Gem Studio, Shopify, or users.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraper, data-extraction tool, AI tool (such as agentic AI), or automated means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other access-restriction measures. We reserve the right to suspend, disable, or terminate your account at any time, without notice, for any violation of these Terms.

Section 14 — Agents

14.1 This section (the "Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with Section 14.4 at all times. No Agent may access the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose its name by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that access is from an Agent, including by mimicking human behavior or by completing or circumventing CAPTCHAs or similar measures; (iii) respond truthfully to any prompt seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent any measure intended to block, limit, or control how Agents interact with the Services.

Section 15 — Termination

We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive.

Section 16 — Disclaimer of Warranties

Information presented through the Services is provided for general information only. We do not warrant its accuracy, completeness, or usefulness, and any reliance on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY GEM STUDIO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

Section 17 — Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL GEM STUDIO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THEM, EVEN IF ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Gem Studio, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of: (1) your breach of these Terms or the documents they incorporate; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, though a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims.

Section 19 — Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, it shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed. This determination will not affect the validity of the remaining provisions.

Section 20 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver. These Terms and any policies posted by us constitute the entire agreement between you and us, superseding any prior agreements, communications, or proposals, including prior versions of the Terms. Any ambiguities in interpretation shall not be construed against the drafting party.

Section 21 — Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations without our prior written consent, and any such attempt is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 — Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the state of Utah, and by the federal and state courts located in the jurisdiction where Gem Studio is headquartered. You and Gem Studio consent to venue and personal jurisdiction in such courts.

Section 23 — Headings

Headings are for convenience only and will not limit or otherwise affect these Terms.

Section 24 — Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

Section 25 — Contact Information

Questions about these Terms should be sent to us at contact@gemstudio.com.

Gem Studio contact@gemstudio.com 9 N University Ave, Provo, UT 84601 (385) 246-8491