Gem Logic - Terms and Conditions for jewelry software

General Sales and Use Terms and Conditions of Gem Logic

Thank you for choosing Gem Logic, a software as a service (SaaS) company that provides an all-in-one solution for jewelers to manage your sales, inventory, jewelry repairs, accounting, and customer relationship management (CRM). By accessing or using our software, you agree to be bound by these terms and conditions. If you do not agree to these terms, please do not use our service and software.

This document was last updated on November 28, 2023.

Introduction

This contract is entered into between YEOKI SRL (also referred to as "Gem Logic" or "the Company"), a software-as-a-service (SaaS) provider registered in Belgium under VAT number BE0779315618 and with its registered office at Avenue Winston Churchill 42, 1330 Rixensart, Belgium, and the client (hereinafter referred to as "the client" or "user").

These general terms and conditions are in line with Gem Logic's policy of adopting a fully transparent approach towards its clients.

1. Definitions:

SaaS: A commercial software distribution model that allows a third-party provider to host applications and make them available to clients via the internet.

GDPR: General Data Protection Regulation, officially known as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data.

SLA: Service Level Agreement: A part of a service contract between an IT service provider and its client that defines the expected level of service and associated guarantees.

2. Scope of Service:

Gem Logic provides a SaaS platform tailored to the jewelry industry, the features of which are detailed in the sections below.

3. Software Modules:

Gem Logic undertakes to provide the client with access to its proprietary business management software (where applicable, for jewelry – to be adapted on a case-by-case basis), which includes the following modules:

-Contacts
-Products
-Sales
-Offers
-Inventory Management
-Logistics
-Repairs
-Entrusts
-Certificates
-Basic Accounting
-Files
-Tasks
-Time Sheets
-Prospecting
-Emails
-Calendar
-Gift Cards

4. Financial Terms:

4.1. Pricing and Fees:

The subscription fee listed on the Gem Logic website is calculated excluding VAT, per user per month.

Separate installation fees, not included in the displayed prices, will be discussed and agreed upon with the client based on their specific needs.

On each contract anniversary date, the subscription fees will increase by 7%.

4.2. Invoicing:

The price as displayed by Gem Logic on its website can be paid according to two billing options chosen by the client. The first option is an annual invoice, which will be sent in the first month of use, with a payment deadline set at 30 days from the date of the invoice. The second option consists of monthly invoices, sent at the end of each month of use, with a payment deadline also set at 30 days.

In the case of monthly billing, the amount will be prorated based on the days used, based on the effective date of the month.

4.3. Late Payment:

In case of non-payment of the subscription, a payment reminder will be sent to the user. If payment is not made within two weeks of this reminder, the user's account will be suspended until full payment of the overdue invoice(s) is made.

This implies that the client will not have access to the software until the situation is regularized. Any invoice in arrears automatically accrues interest at the legal interest rate in case of late payment in commercial transactions.

5. Termination:

Clients may terminate their contract at any time. One month after termination, the client will no longer have access to their database. Clients are advised to export their data before this period expires.

Clients wishing to terminate must do so through a registered letter or email.

Gem Logic may also terminate the contract at any time, subject to compliance with the formal conditions outlined in the previous paragraph.

6. Intellectual Property:

The entire software, documentation, and content provided by Gem Logic remain the exclusive property of Gem Logic.

The client is granted a non-exclusive and non-transferable license for the use of the software.

Any new functionality or module developed, even if suggested by the client, remains the intellectual property of Gem Logic.

7. Support and Maintenance:

Gem Logic undertakes to provide continuous assistance to the client from Monday to Saturday, from 9:00 AM to 6:00 PM. Assistance includes technical troubleshooting, advice on software usage, and all necessary corrections due to software defects within a reasonable response time.

Clients can contact Gem Logic via WhatsApp, emails, and phone calls.

Gem Logic recognizes the importance of system stability during high seasons for jewelers. To ensure optimal performance and avoid disruptions during these critical periods, we implement system deployment freeze periods. During these periods, no major updates or software modifications will be made. While we continue to work on requests and improvements during these times, any significant deployment will be postponed and carried out after the high season. This measure is taken to maintain system stability and reliability when our clients need it most.

Maintenance includes updates, enhancements, or modifications to the software to ensure its optimal operation, security, and the integration of new features.

During the term of this agreement, Gem Logic undertakes to deploy all necessary means to correct any software defects, without being able to guarantee a specific result. Upon notification of a defect, Gem Logic will strive to resolve the issue and inform the client.

8. Data Protection:

Gem Logic is committed to scrupulously complying with Regulation (EU) 2016/679 (GDPR) and the Belgian Law of 30 July 2018 on the protection of personal data. As a data processor, we process personal data provided by our clients, who act as data controllers.

We ensure data security through measures such as encryption and regular backups, and we keep the data on secure servers for the duration of our collaboration. The data is retained until the end of this period, unless otherwise instructed by the client, and is then destroyed or returned to the client.

In case of a data breach, Gem Logic will inform the client within 72 hours, in accordance with Article 33 of the GDPR. Procedures are in place to notify breaches to the relevant authorities and affected individuals, if necessary.

For specific details regarding data management and protection, please refer to the GDPR and the aforementioned Belgian law.

9. Hosting and Cloud Service:

9.1. Hosting Provider:

Gem Logic's software is hosted on DigitalOcean, a third-party cloud infrastructure provider.

9.2. Uptime and Service Level Agreement (SLA):

While Gem Logic makes every effort to ensure maximum availability of its software, service availability depends on DigitalOcean's availability. DigitalOcean offers its own SLA, which can be viewed on its website. Gem Logic is not responsible for downtime due to DigitalOcean's unavailability or any other hosting provider-related issues.

9.3. Data Storage and Backups:

All client data is stored in secure data centers operated by DigitalOcean. Although regular backups are performed to prevent data loss, clients are advised to keep their own data copies as an additional precaution.

Furthermore, all data entered into the software by the client can be easily exported from the software, allowing for easy backups and data portability.

9.4. Security:

DigitalOcean is responsible for ensuring the security of the underlying infrastructure, including physical security, network security, and server security. Gem Logic is responsible for the security of its software, including application-level security and user access controls.

Gem Logic will make every effort to keep the software secure, including regular security updates and monitoring.

9.5. Performance:

The performance of Gem Logic's software may occasionally depend on factors related to DigitalOcean's infrastructure. While Gem Logic optimizes its software for maximum efficiency, they cannot guarantee immunity from performance issues caused by DigitalOcean's servers or network.

9.6. Limitation of Liability:

Gem Logic cannot be held responsible for interruptions, delays, failures, or malfunctions of the software or the loss of stored data resulting directly or indirectly from circumstances beyond the control of Gem Logic, including but not limited to DigitalOcean downtime, network failures, or cyberattacks.

9.7. Notification:

In case of known extended downtime or major issues with DigitalOcean that could affect the performance of our software, Gem Logic will make efforts to notify clients in advance when possible.

10. Maintenance and Computer Equipment:

Users must ensure that their hardware and computer equipment are well-maintained, up-to-date, free of viruses, and not obsolete.

10.1. Provision of Hardware:

As part of this agreement, Gem Logic may provide hardware to the client, including but not limited to label printers or scanners.

10.2. Ownership:

Upon delivery and installation, the hardware becomes the property of the client.

10.3. Maintenance and Responsibility:

The client is responsible for the maintenance and upkeep of the hardware. Any issues or malfunctions must be reported to Gem Logic within 5 working days of discovery.

10.4. Warranty:

Gem Logic offers to purchase and install printers and other necessary equipment. However, Gem Logic acts as an intermediary in the purchase of this equipment, not as a manufacturer or direct supplier. Therefore, any hardware-related warranty is provided by the manufacturer of the hardware, not Gem Logic. We encourage clients to refer to the manufacturer's warranty terms for any claims or technical support. Gem Logic undertakes to facilitate communication between the client and the manufacturer for any hardware issues occurring during the manufacturer's warranty period.

11. Limitation of Liability:

Gem Logic is not liable for indirect, incidental, consequential, punitive, special, or exemplary damages, including loss of profits, customers, use, or data.

Gem Logic is not responsible for errors made by the user when using the software, including but not limited to data entry errors. It is the user's responsibility to verify and confirm the accuracy of all information before performing any operations, such as sending invoices.

In case of software malfunctions resulting in errors, it is the user's responsibility to verify and correct these errors before taking any action.

In no event shall Gem Logic's liability to the client exceed an amount equal to the total amount paid by the client for the services they receive.

Gem Logic shall not be held responsible for delays or defects in service provision and/or equipment sales due to circumstances beyond its control.

12. Confidentiality:

Both parties agree to maintain strict confidentiality of all information exchanged or brought to their knowledge during the collaboration. This obligation remains in effect indefinitely after the end of the collaboration, unless otherwise agreed upon by the parties.

13. Training and Integration:

Gem Logic offers comprehensive training based on the number of users. The duration of the training is agreed upon with the client and is included in the installation fees. Online tutorials and basic manuals are provided.

14. Downtime and Updates:

Occasional downtime may occur, mainly during updates, usually performed at night to minimize disruptions. Extended downtime will be preceded by a 24-hour notice.

15. Best Efforts Obligation:

All commitments made by Gem Logic should be understood as obligations of means and not results. This implies that Gem Logic is obliged to make every effort to achieve the services it provides but cannot be held responsible in the absence of a specific result.

16. Renewal and Modification of these General Terms and Conditions:

The contract is automatically renewed on each anniversary date of the collaboration, resulting in the renewal of these general terms and conditions.

At any time, Gem Logic has the right to unilaterally modify these general terms and conditions. Since these terms and conditions are continuously accessible on the Gem Logic website, the client is therefore presumed to have accepted them by continuing to use the services.

17. Dispute Resolution:

Any dispute shall be governed by Belgian law and shall fall within the jurisdiction of the courts of the district of the registered office of YEOKI SRL.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to legal@gem-logic.com

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