These Terms of Service (the “Terms”) govern your access to and use of GEMtrust DAO’s (“GEMtrust,” “we,” “us,” or “our”) websites, web applications, mobile applications, and associated sites (collectively, the “Site”), as well as the services (the “Services”) we offer. These Terms, along with any documents incorporated by reference, form a legally binding agreement between you (“you” or “your”) and GEMtrust. By using our Site and Services, you agree to these Terms. If you do not agree, do not use the Site or Services.
By using GEMtrust’s Site and Services, you acknowledge that you have read, understand, and agree to these Terms.

1.1. GEMtrust is a technology provider, not a financial institution. We provide a platform offering information about and access to the GEM Token and GET Token, digital assets issued by GEMtrust DAO. The Services facilitate access to these tokens via software, APIs, and messaging protocols.

1.2. No Execution or Clearing Services: GEMtrust does not operate a digital asset exchange, provide trade execution or clearing services, or act as an agent or intermediary in user transactions. Any purchase, sale, or exchange of GEM or GET tokens is conducted directly by you and is your sole responsibility.

1.3. Third-Party Transactions: You acknowledge and agree that any secondary transactions involving GEM or GET tokens occur directly between users on the Ethereum blockchain (or other applicable blockchains). GEMtrust is not party to, and is not responsible for, these transactions.

1.4. Independent Product Terms: Your use of the GEM Token is subject to any applicable agreements between you and GEMtrust DAO LLC. These Terms do not alter or replace any such agreements, and GEMtrust is not responsible for any actions or omissions related to these agreements.

1.5. Informational Pricing: Any pricing information provided on the Site is for informational purposes only and is not an offer to sell, a solicitation to buy, or advice on any transactions.

2.1. Sole Responsibility: You are solely responsible for your use of the Site and Services, as well as for the custody, control, and transfer of your digital assets. This includes securing your private keys, managing your digital wallets, and ensuring the accuracy of transaction details.

2.2. No Fiduciary Duty: To the fullest extent permitted by applicable law, GEMtrust explicitly disclaims any fiduciary duties or liabilities to you or any other party. Any duties that might exist at law or in equity are expressly waived.

2.3. Risk Awareness: You acknowledge that digital assets, including GEM and GET tokens, involve a high degree of risk, and that the value of these assets may fluctuate greatly.

2.4. Regulatory Compliance: You are responsible for adhering to all applicable laws and regulations relevant to your use of the Services and digital assets. This includes compliance with commodity, securities, and tax laws in your jurisdiction.

3.1. DAO Structure: GEMtrust DAO is a decentralized autonomous organization (DAO) that governs the GEM Token. As a DAO, GEMtrust operates without central authority, and governance is community-driven.

3.2. No Ownership by the DAO: The DAO has no ownership over the physical gemstones, the gemNFTs, or the cash equivalents that serve as backing for GEM Tokens. These assets are owned and managed by an independent entity. The DAO does hold a right to reference and utilize the value and properties of gemNFTs.

3.3. Community Governance: GEMtrust DAO implements a governance model in which GET token holders participate in key decisions about the GEM token.

4.1. Trademarks: All product and service names, logos, and marks on the Site or Services, including the GEMtrust name and logo, are trademarks owned by GEMtrust, its affiliates, or licensors. You are prohibited from using them without prior written consent.

4.2. No Implied Rights: These Terms do not grant you any intellectual property rights. You may not remove, obscure, or alter any legal notices displayed on the Site or within the Services.

5.1. Flawed Services: You acknowledge that the Services and Site are subject to flaws, and you are responsible for evaluating any code provided. GEMtrust has no ongoing obligation to notify you of all potential risks.

5.2. Accuracy of Information: Although we aim to provide accurate information, the Site may contain inaccuracies or errors. You should verify all information independently before making decisions.

5.3. No Guarantee of Token Value: GEMtrust does not guarantee the value, performance, or liquidity of GEM Token or GET Token. These values are subject to market volatility and other risks.

5.4. Blockchain Protocol Risks: GEMtrust does not control the underlying software protocols of blockchains like Ethereum and is not responsible for their functionality, security, or availability.

5.5. Gemstone and NFT Backing Risks: GEMtrust DAO does not own the physical gemstones, gemNFTs, or cash equivalents backing the GEM token, and it is not responsible for their custody, management, or valuation.

5.6. Forward-Looking Statements: Any statements about future plans or expectations are forward-looking and involve risks. Actual results may differ, and GEMtrust is not obliged to update such statements.

6.1. No Exchange Platform: GEMtrust is a software developer and does not operate a digital asset exchange or offer trade execution or clearing services. We have no control over user transactions. 

6.2. Peer-to-Peer Transactions: All secondary transactions are executed peer-to-peer through smart contracts, and GEMtrust is not involved in these transactions.

7.1. Indemnification Obligation: You agree to defend, indemnify, and hold harmless GEMtrust, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, representatives, suppliers, and contractors (the “Indemnified Parties”) from any claims arising from your use of the Site or Services, your digital assets, your feedback, your violation of these Terms, or your infringement of any third-party rights. 

7.2. GEMtrust’s Control: GEMtrust may control any action or proceeding and decide whether to settle and on what terms. You agree to cooperate fully with GEMtrust in the defense.

8.1. No Liability: To the maximum extent permitted by law, GEMtrust shall not be liable for any indirect, consequential, or special damages arising from your use of the Services or Site. This limitation includes damages related to lost profits, business interruption, or loss of data, even if GEMtrust has been advised of the possibility of such damages.

9.1. Confidential Information: You agree to maintain the confidentiality of proprietary information, financial details, and operational methods related to GEMtrust. This includes information about the structure of GEMtrust DAO, smart contract details, or any other non-public information related to the operation of the GEM token or GET token ecosystem. 

9.2. Disclosure Exception: The confidentiality obligation persists even after the termination of this agreement, except where required by law or regulation.

11.1. Termination by GEMtrust: GEMtrust reserves the right to terminate your access to the Site and Services at any time, with or without cause and without notice. 

11.2. Termination by You: You may terminate your use of the Site and Services at any time.

12.1 Marshall Islands Law: These Terms are governed by the laws of the Marshall Islands, without regard to its conflict of laws principles.

13.1. DAO Governance: Any disputes arising from the buyback mechanism or other operational aspects of the DAO shall be resolved by a DAO governance vote, with no recourse to GEMtrust or any of its affiliates.

If you have any questions regarding these Terms, please contact us at office@gemtrust.net.

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