GEMS Live Terms of Service

Last Updated: August 8, 2026

These Terms of Service ("Terms") are a legally binding agreement between GEMS Live LLC ("GEMS Live", "Company", "we", "us", or "our") and you ("you" or "your"). They govern your access to and use of the GEMS Live platform, including our website at https://gemslive.tv and our mobile applications (together, the "Platform" or the "Services"). By creating an account, clicking to accept, or otherwise accessing or using the Platform, you agree to these Terms, our Privacy Policy, and our Community Guidelines, each of which is incorporated here by reference. If you do not agree, do not use the Platform.

PLEASE READ SECTION 25 (DISPUTE RESOLUTION; ARBITRATION & CLASS-ACTION WAIVER) CAREFULLY. IT AFFECTS HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED AND, UNLESS YOU OPT OUT, REQUIRES INDIVIDUAL ARBITRATION INSTEAD OF COURT PROCEEDINGS OR CLASS ACTIONS.

1. Acceptance of These Terms

You accept these Terms through an affirmative click-through acceptance process when you register or when we present updated Terms. You represent that you have the legal capacity to enter into this agreement and that all information you provide is accurate. These Terms apply to every user of the Platform, whether you play, watch, stream, create, or simply browse.

2. Eligibility & Age Requirements

You must be at least 18 years old to create an account or use the Platform. By using the Platform, you represent and warrant that you are 18 or older and have the legal capacity to enter into these Terms. We may request proof of age or identity at any time and may restrict or deny access to anyone at our discretion. The Platform may not be available in every location. You are responsible for complying with the laws that apply to you, and we may restrict or decline access from jurisdictions where any part of the Services is not permitted.

3. Your Account

When you create an account, you agree to:

  • Provide accurate, current, and complete information and keep it up to date;
  • Keep your login credentials secure and confidential;
  • Not share, sell, or transfer your account, which is personal to you and non-transferable;
  • Accept responsibility for all activity that occurs under your account.

We may suspend, restrict, or terminate your account if we detect fraud, abuse, security risks, or violations of these Terms. You may close your account at any time by contacting us or using in-app settings where available.

4. About GEMS Live (The Services)

GEMS Live is a social platform for live, face-to-face gameplay, creator livestreaming, and community interaction. Through the Platform you can, among other things:

  • Play skill-based games with and against other people in real time, including NY-style Spades, Checkers, Crazy Eights, and Four-In-A-Row;
  • Go live on camera, host and join live game rooms, and watch other creators;
  • Build a profile, follow and connect with others, and send messages;
  • Purchase and use virtual tokens to access features and support creators;
  • Subscribe to GEMS Plus for enhanced membership benefits.

We may add, change, or discontinue features at any time. Some features are offered on a beta or early-access basis (see Section 19).

5. Skill-Based Games & Fair Play

All games offered on the Platform are games of skill. Outcomes are determined by each player’s own decisions, strategy, and ability, not by chance. The Platform does not offer games of chance, and any use of virtual tokens to enter a game is a contribution to participate in a skill-based competition—not a bet on an uncertain event. Rewards from competitions are based on player performance and skill. To keep competition fair, the following are strictly prohibited:

  • Using bots, scripts, macros, or any automation to play or gain an advantage;
  • Colluding with others to influence the result of a game;
  • Intentionally disconnecting to affect an outcome;
  • Exploiting bugs, or any other form of cheating or manipulation.

We may review game logs, video, and related data to investigate disputes and enforce fair play. Our determinations regarding game results and fair-play violations are final and binding, and we may reverse results, withhold rewards, or take enforcement action where we find a violation.

6. Virtual Tokens (Emeralds & Rubies)

The Platform uses two kinds of virtual tokens:

  • "Emeralds" are virtual credits you purchase with real-world currency to use within the Platform (for example, to enter games, send gifts, or access features). Emeralds have no cash value, are not your property, are non-refundable except as required by law or applicable app-store policy, and cannot be redeemed for cash.
  • "Rubies" are rewards you earn through eligible activity on the Platform. Rubies are not purchased.

Verified, eligible creators may redeem Rubies for real-world payouts through the Payout Program described in Section 8, subject to verification and the limits, holds, and fees we post. Tokens are a limited, revocable license to use features within the Platform, not a stored-value instrument, security, or bank deposit. We may manage, adjust, or modify the token system, exchange ratios, and available features from time to time, and we will endeavor to provide reasonable notice of material changes. If your account is terminated for violations of these Terms, unused Emeralds and unredeemed Rubies may be forfeited to the extent permitted by law.

7. Purchases, Billing & Refunds

You can purchase Emeralds and memberships through the Platform or, on mobile, through the applicable app store. Prices are shown at the point of purchase and may change. When you buy through an app store, that store processes the payment and its terms and refund policies also apply. Except where required by law or by an app store’s policy, all purchases are final and non-refundable. You authorize us or our payment processors to charge your selected payment method. You are responsible for any applicable taxes. To protect against fraud and chargebacks, newly added funds and certain first-time transactions may be subject to a temporary hold before associated features or redemptions become available. Fraudulent activity, unauthorized chargebacks, or payment abuse may result in suspension or termination and forfeiture of tokens.

8. Creator Earnings & the Payout Program

Eligible creators may earn Rubies and request payouts through our Payout Program. Participation requires that you are at least 18, complete identity verification (KYC), and comply with these Terms and applicable law. Payouts are made through our third-party payment partners and are subject to the withdrawal limits, cooldown periods, holds, and processing fees we publish, which we may update from time to time. Earnings are not guaranteed and depend on your activity and audience. Your participation does not create an employment, partnership, or agency relationship; creators act as independent participants and are solely responsible for their own taxes and for any information reporting required by law. We may withhold, delay, or reverse payouts where we reasonably suspect fraud, chargeback risk, policy violations, or where required by law.

9. Virtual Gifting

You may use tokens to send virtual gifts to creators as a way to show support during streams and gameplay. Gifting is voluntary, is not a payment for any guaranteed service, and is non-refundable. Creators may convert supported gifts into earnings consistent with Sections 6 and 8. Using gifting to launder funds, evade fees, or manipulate the token economy is prohibited and may result in reversal and enforcement action.

10. GEMS Plus Membership

GEMS Plus is an optional paid membership that provides enhanced benefits, which may include a monthly token stipend, reduced fees, and other perks as described at the point of sale. Membership is billed on a recurring basis through the Platform or the applicable app store and renews automatically until you cancel. You can cancel at any time, effective at the end of your current billing period; except where required by law, fees already paid are non-refundable. We may change membership pricing and benefits on a going-forward basis with reasonable notice.

11. Livestreaming & Content Standards

If you stream or post content, you are responsible for that content and for complying with all applicable laws and these Terms. You may not broadcast, upload, or share content that:

  • Contains nudity, sexually explicit, or sexually suggestive material;
  • Promotes or incites violence, hatred, or discrimination against any individual or group;
  • Depicts, facilitates, or promotes illegal activity;
  • Infringes any copyright, trademark, privacy, publicity, or other right;
  • Harasses, threatens, or endangers others, including minors.

The Platform enables live, real-time broadcasting; you understand that content may be viewed, recorded, or replayed by others. We may remove content, end streams, or suspend accounts that violate these standards, with or without notice.

12. Your Content & the License You Grant

You retain ownership of the content you create and submit ("User Content"). By making User Content available on the Platform, you grant GEMS Live a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from that User Content for the purposes of operating, promoting, and improving the Platform and developing new services. This license continues for content you have shared even after you stop using the Platform, to the extent needed for those purposes and to comply with law. You represent and warrant that you own or have all rights necessary to grant this license and that your User Content does not violate the rights of any third party or any law.

13. AI-Generated Content

Some content on the Platform may be created or assisted by artificial intelligence and is provided for entertainment and engagement. AI-generated content does not necessarily represent the views of any real person, entity, or the Company, and we make no warranties about its accuracy or suitability. You agree to use your own judgment when interacting with it. Where you provide AI-generated content through the Platform, you grant us the license described in Section 12 with respect to that content.

14. Community Guidelines & Prohibited Conduct

You must follow our Community Guidelines. In addition, you agree not to:

  • Harass, bully, threaten, impersonate, or doxx others;
  • Post hate speech or content that promotes violence or discrimination;
  • Spam, distribute malware, or attempt to gain unauthorized access to the Platform or other accounts;
  • Circumvent, exploit, or manipulate the token economy, fees, or Payout Program;
  • Use the Platform for money laundering or any unlawful purpose;
  • Scrape, reverse engineer, or copy the Platform except as permitted by law.

We may investigate and take any action we consider appropriate, including content removal, feature limits, suspension, or termination.

15. Intellectual Property

The Platform and all associated intellectual property—including trademarks, service marks, logos, software, and other proprietary materials—are owned by the Company or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, sell, or create derivative works from any part of the Platform, or use our marks, without our prior written consent.

16. Copyright Complaints (DMCA)

We respect intellectual property rights and respond to notices of alleged copyright infringement. If you believe content on the Platform infringes your copyright, send a written notice to our designated agent (below) that includes: (a) your signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act. We may remove the material and will terminate the accounts of repeat infringers where appropriate. A user whose content is removed may submit a counter-notice. Designated agent for copyright notices: GEMS Live LLC, Attn: Copyright Agent, 3800 Camp Creek Pkwy, Building 1400, Ste 116B #471, Atlanta, GA 30331; support@gemslive.tv.

17. Third-Party Services

The Platform relies on third-party services, including live-video providers, payment processors, and app-store platforms. Your use of those services may be subject to their own terms, and we are not responsible for third-party services or content. Links to third-party sites are provided for convenience and are not endorsements.

18. Privacy

Our Privacy Policy explains how we collect, use, and share information about you. By using the Platform, you agree to our data practices as described in the Privacy Policy, which is incorporated into these Terms by reference.

19. Beta & Early-Access Features

We may offer features, games, or a mobile application on a beta or early-access basis. Beta features are provided "as is", may be incomplete or change without notice, and may contain errors. We may modify or discontinue them at any time. If you provide feedback, you grant us a perpetual, royalty-free license to use it without obligation to you.

20. Mobile Application & App Store Terms

If you download our app from the Apple App Store or Google Play, you also agree to that store’s terms. Where the app is obtained through the Apple App Store, you acknowledge that: these Terms are between you and GEMS Live, not Apple; Apple has no obligation to provide support or maintenance for the app; Apple is not responsible for any product warranties or for addressing claims relating to the app; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Similar terms apply to app stores operated by Google and others.

21. Disclaimers

THE PLATFORM AND ALL CONTENT, SOFTWARE, AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT IS FREE OF HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY PARTICULAR EARNINGS, RESULTS, OR THE AVAILABILITY OF ANY FEATURE, USER CONTENT, OR AI-GENERATED CONTENT. YOU USE THE PLATFORM AT YOUR OWN RISK.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEMS LIVE LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND FORM AN ESSENTIAL PART OF THESE TERMS.

23. Indemnification

You agree to indemnify and hold harmless GEMS Live LLC and its affiliates, officers, employees, agents, and licensors from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Platform, your User Content, your violation of these Terms, or your violation of any law or the rights of another. This obligation survives termination of these Terms.

24. Suspension & Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, for any violation of these Terms or to protect the Platform, its users, or the Company. You may stop using the Platform at any time. On termination, your right to use the Platform ends, and unused Emeralds and unredeemed Rubies may be forfeited to the extent permitted by law; verified creators’ pending, earned payouts will be handled in accordance with the Payout Program and applicable law. Sections that by their nature should survive— including those on intellectual property, User Content, disclaimers, limitation of liability, indemnification, and dispute resolution—will survive.

25. Dispute Resolution; Arbitration & Class-Action Waiver

Please read this Section carefully. Before starting any formal proceeding, you and we agree to try to resolve the dispute informally by contacting each other, and to negotiate in good faith for at least 30 days. If the dispute is not resolved, you and we agree that any dispute arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, rather than in court, except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property. Arbitration will take place in Delaware unless we agree otherwise, and may proceed by phone or video where allowed.

YOU AND GEMS LIVE AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU WAIVE ANY RIGHT TO A JURY TRIAL.

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@gemslive.tv with your name, account, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.

26. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Subject to Section 25, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction and venue.

27. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice, for example by posting the updated Terms on the Platform or notifying you by email. Changes are effective when posted or as otherwise stated. Your continued use of the Platform after changes take effect means you accept the updated Terms.

28. General Provisions

  • Entire Agreement. These Terms, together with the Privacy Policy and Community Guidelines, are the entire agreement between you and us regarding the Platform and supersede prior agreements on that subject.
  • Assignment. You may not assign these Terms without our consent; we may assign them, including in connection with a merger, acquisition, or sale of assets.
  • Severability. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision will be modified to the minimum extent necessary.
  • No Waiver. Our failure to enforce any provision is not a waiver of it.
  • Force Majeure. We are not liable for failures caused by events beyond our reasonable control, including internet or hosting outages, payment-processor downtime, acts of God, or government actions.
  • Notices. We may provide notices to you through the Platform or by email; you may contact us as set out in Section 29.
  • Headings. Headings are for convenience only.

29. Contact Us

Questions about these Terms? Contact us at support@gemslive.tv or write to: GEMS Live LLC, 3800 Camp Creek Pkwy, Building 1400, Ste 116B #471, Atlanta, GA 30331. Website: https://gemslive.tv