Privacy Policy OF USE

Introduction

Getgems ("Company", "us", "we", "our") is a digital art marketplace operating on The Open Network blockchain ("TON").

Any natural person or legal entity which uses the Getgems Platform/Services (as defined hereunder) may be referred to in these Terms as the "User", "you", "yours".

These terms of use (the "Privacy Policy") make a contract entered into by and between you and Getgems and govern access to our website https://getgems.io (the "Website", the "Platform"), our software, content, special tools, technologies, products, or functionality of our Platform, including but not limited to, processes of creating, buying, selling, trading digital assets (the "Service").

PLEASE READ THESE TERMS CAREFULLY BEFORE ANY USE OF OUR PLATFORM OR SERVICES. By accepting these Terms electronically (for example, by clicking "I AGREE"), accessing our Platform, logging in with your digital wallet on the Platform, or by any other way of interacting with our Platform or Services, you agree to be bound by these Terms and all documents or policies mentioned herein.

1. Description of Service

The Getgems Service allows Users to create, buy, sell, and trade non-fungible tokens ("NFT") through smart contracts.

Getgems is an intermediary between Users of the Platform and cannot be considered a party to any contract entered into by Users. Relationships between Users are subject to separate agreements.

You cannot address any claims against us regarding Products purchased on the Getgems Platform. We accept no responsibility for the legitimacy, authenticity, or other characteristics of any Product listed, created, traded, or sold on our Platform.

2. Eligibility

You may use our Services only if you can form a binding contract with Getgems.

You are not allowed to use or to have access to our Services/Platform if you are under the age of 18 or the legal age established under applicable laws for entering into binding contracts.

You may be required to pass applicable KYC/AML verification in order to receive access to our Services/Platform or to complete certain transactions.

3. Accessing the Platform

You may start to use our Platform and Services with your existing TON Wallet, Tonkeeper, or any other allowed wallet (the "Wallet") by connecting them via the TON Wallet browser extension to our Website.

We have no access to your Wallet or its contents (crypto, NFTs, etc.).

By using our Services, you guarantee that:

• You will not share access to the Wallet with any third party
• You are fully responsible for all activities involving your Wallet
• You are aware that Getgems charges fees for its Services

4. Minting NFTs

To mint NFTs with Getgems, you must first create your Collection.

The Collection page may include: name, description, links to your social media profiles, and all other allowed information.

Getgems reserves the right to limit or block access to mining services on the Platform at any time.

5. Terms of Sale

All transactions on Getgems are carried out with the use of smart contracts based on the TON blockchain.

By purchasing an NFT, you do not receive any underlying intellectual property rights to such content.

All transactions are final. We do not provide refunds for any Products or for any fees and royalties.

6. Auction Rules

Getgems provides three types of auctions:

1. Highest bid auction
2. Auction with the reserve price

All bids are irrevocable and should be preauthorized.

7. Fees and Royalties

Getgems charges:

• Transaction fee (Gas Fee)
• Service fee (5% of the NFT sale price)
• Creator Royalties (0-50% set by the creator)

Getgems reserves the right to change fees at any time.

8. Intellectual Property

All content displayed on our Platform is intellectual property of our Company unless otherwise stated.

You grant Getgems a perpetual license to display and distribute your content for Platform operations and marketing purposes.

10. General Provisions

These Terms may be updated at any time at our sole discretion.

Getgems may terminate your access to the Platform at any time without notice.

If any provision of these Terms is held invalid, the remaining provisions will remain in full effect.