Gems Terms of Service

Effective date: 11 October 2026

These Terms of Service (the Terms) form a legally binding agreement between you and SVG Gems (SVG Gems, we, us or our), the operator of the Gems mobile application, the website at svggems.com and every related service, feature and content we provide (together, Gems or the Service).

Please read these Terms carefully. They limit our liability to you (section 21), require you to compensate us in certain cases (section 22) and set out how disputes are resolved (section 24).

By creating an account, or by accessing or using Gems in any way, you confirm that you have read, understood and agree to be bound by these Terms and by every policy they incorporate. If you do not agree, you must not use Gems.

1. The documents that make up this agreement

1.1 This agreement consists of these Terms together with the following policies, each of which is incorporated into these Terms by reference and published at svggems.com:

• the Privacy Policy (svggems.com/privacy), which explains how we collect and use personal data;
• the Community Guidelines (svggems.com/guidelines), which set out what may and may not be posted;
• the Moderation, Appeals and Transparency Policy (svggems.com/moderation), which explains how we enforce these Terms;
• the Child Safety Standards (svggems.com/child-safety);
• the Copyright and Intellectual Property Policy (svggems.com/copyright); and
• where you use any paid, promotional or business feature, the Business, Advertising and Data Terms (svggems.com/business-terms).

1.2 If there is a conflict between these Terms and a policy listed above, these Terms prevail, except that the Business, Advertising and Data Terms prevail in relation to paid and business features.

2. Definitions

In these Terms:

• Account means a registered account on Gems.
• Business means a person or organisation that operates, owns or represents a place, venue, event or service listed on Gems, or that uses Gems for commercial purposes.
• Content means any text, photograph, image, place, pin, event, crew, post, comment, review, check-in, confirmation, profile information, message, feedback or other material.
• Your Content means Content that you submit, post, upload or otherwise make available through Gems.
• Map Data means factual information about a place or event, such as its name, location, category, description, opening times and the fact that it has been confirmed, as distinct from your personal expression such as your photographs, posts and comments.
• Member means any person who uses Gems, whether or not they have an Account.
• Paid Features means any feature, service or placement for which a fee is charged.

3. Who may use Gems

3.1 Age. You must be at least 16 years old to create an Account or to post Content. Browsing public content without an Account is open to all, but Gems is not directed to children under 16. If you are under 18, you confirm that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3.2 Capacity. You confirm that you are legally able to enter into this agreement, that you are not barred from using Gems under any applicable law, and that we have not previously suspended or removed your Account for breach of these Terms.

3.3 Using Gems for an organisation. If you use Gems on behalf of a Business, government body or other organisation, you confirm that you are authorised to bind that organisation to these Terms, and "you" includes that organisation.

4. Your Account

4.1 You must provide accurate, current and complete information, and keep it up to date.

4.2 You may hold only one personal Account. You must not create an Account for anyone else, impersonate any person or organisation, or misrepresent your affiliation with anyone, including any Business or public authority.

4.3 You are responsible for keeping your sign-in details and the email address linked to your Account secure, and for all activity under your Account. Tell us immediately at hello@svggems.com if you believe your Account has been used without your permission.

4.4 Your Account is personal to you. You may not sell, transfer, lend or share it.

4.5 We may refuse to register, or may reclaim, any display name or handle that infringes another person's rights, impersonates anyone, is misleading or breaches the Community Guidelines.

5. What Gems is, and what it is not

5.1 A community platform. Gems is a platform on which Members share information about places, events and experiences in St Vincent and the Grenadines. Almost all of the information on Gems is provided by Members, Businesses and third parties, not by SVG Gems.

5.2 No verification or endorsement. We do not inspect, verify, endorse or guarantee any place, Business, event, product, service, route, condition, price, opening time or other information shown on Gems. A label such as Confirmed means only that a number of Members have indicated that they visited or recognise a place. It is not a statement by SVG Gems about the place's existence, safety, quality, legality, accessibility or suitability.

5.3 Not an official, emergency or professional service. Gems is not an emergency service, a tourism authority, a travel agent, a tour operator, a transport provider, a weather or marine forecasting service, or a source of legal, medical, financial or safety advice. Nothing on Gems is an offer to provide any of these services.

5.4 No contract for places or events. Any transaction, booking, visit or arrangement you make with a Business, event organiser or other Member is solely between you and them. SVG Gems is not a party to it and has no responsibility for it.

5.5 Changes to the Service. We may add, change, suspend or remove any part of Gems, including features, content and availability in any area, at any time. Features described as "beta", "preview" or "experimental" are provided for evaluation and may be withdrawn without notice.

6. Your Content

6.1 You own Your Content. Subject to the licence below, you keep all ownership rights you have in Your Content.

6.2 Licence to SVG Gems. By submitting Your Content, you grant SVG Gems a worldwide, non-exclusive, royalty-free, transferable licence, with the right to sublicense to our service providers and successors, to host, store, reproduce, adapt (for example, by resizing, cropping, translating or formatting), publish, publicly display, distribute and otherwise use Your Content for the purposes of:

• operating, providing, securing, improving and developing Gems;
• promoting Gems, including in screenshots, presentations, social media, press and advertising for Gems, where your public Content may appear with your display name; and
• creating aggregated or de-identified statistics and insights, as described in section 6.5 and in the Privacy Policy.

6.3 When the licence ends. The licence in section 6.2 ends for an item of Your Content when you delete it or close your Account, except that:

• it continues for a reasonable period needed to remove the Content from active systems and backups, and for any period during which we are entitled or required to keep it under the Privacy Policy or the law;
• it continues for promotional material that was created or published before the deletion, which we are not required to withdraw;
• it continues for Content that other Members have shared, quoted or reproduced in accordance with these Terms; and
• it continues, on a perpetual and irrevocable basis, for Map Data and for aggregated or de-identified information, which may remain on Gems without any link to you.

6.4 Map Data. Gems is a shared map. You agree that factual Map Data that you contribute may be edited, corrected, merged, combined with other information, re-categorised or removed by us or by other Members, and that we may keep Map Data that other Members have confirmed or relied on after you delete it, without attributing it to you.

6.5 Aggregated and de-identified information. We may compile Content and usage information into aggregated or de-identified form that does not identify you, and use, publish, share and license it, including commercially, as described in the Privacy Policy and the Business, Advertising and Data Terms. We will never sell your personal data.

6.6 Your promises about Your Content. You represent and warrant that:

• Your Content is accurate to the best of your knowledge, and does not describe a place or event that you know does not exist;
• you own Your Content or have all the rights, licences and permissions needed to post it and to grant the licence in section 6.2;
• you have the consent of every identifiable person who appears in any photograph you upload, and of a parent or guardian for any person under 18;
• Your Content does not infringe any copyright, trade mark, privacy, publicity, confidentiality or other right of any person;
• Your Content is not defamatory, and does not breach any law of St Vincent and the Grenadines or of any other place where you are; and
• Your Content complies with these Terms and the Community Guidelines.

6.7 Moral rights. To the extent permitted by law, you waive, and agree not to assert, any moral rights you may have in Your Content against SVG Gems or anyone acting with our permission, in relation to the uses permitted by these Terms.

6.8 No obligation to host. We are not obliged to publish, keep or display any Content, and we may decline, remove, edit (for example, to correct a location or remove personal details), label or restrict any Content at our discretion.

6.9 Feedback. If you send us ideas, suggestions or feedback about Gems, we may use them for any purpose without restriction or payment to you.

7. Places, check-ins and confirmations

7.1 A new public place may appear on the map before it is confirmed, and may be removed if it is not confirmed by the required number of Members within the period we set. We may change the confirmation rules at any time.

7.2 A check-in or confirmation is a statement by you that you are at, or have personally visited, the place. You must not confirm a place you have not visited, ask or pay anyone to confirm a place, or use any technique to make your device appear to be somewhere it is not.

7.3 We may approve, publish, correct, merge, hide or remove any place, event or confirmation at any time.

8. Private places, homes and other people's privacy

8.1 You must not add any private home or residence, whether yours or anyone else's, to the public map. Homes may only be added as private places.

8.2 A private place is visible only to you and the Members and crews you choose to share it with. You are responsible for whom you share it with. Anyone you share it with can see its exact location and could pass it on; we cannot control what they do with it.

8.3 You must not use Gems to locate, track, follow, monitor, expose or contact any person without their consent, or to disclose anyone's address, whereabouts, telephone number or other personal information.

9. Acceptable use

9.1 You must comply with the Community Guidelines and with all laws that apply to you, including the Cybercrime Act, 2016 and the Criminal Code of St Vincent and the Grenadines.

9.2 You must not, and must not attempt to, or help anyone else to:

• copy, scrape, harvest, crawl, index or extract Content, Map Data or personal data from Gems by any automated or manual means, except through features we provide for that purpose;
• reverse engineer, decompile, disassemble or modify the Gems app, or create derivative works from it, except to the extent the law expressly permits despite this restriction;
• probe, scan or test the vulnerability of Gems, or breach or circumvent any security, authentication, rate limit, location check, age check, moderation system or other protective measure, except as permitted under our vulnerability disclosure process in the Privacy Policy;
• access Gems through any means other than our published apps, website and interfaces, or use bots, scripts or automated accounts;
• interfere with or disrupt Gems, its servers or networks, or impose an unreasonable load on them;
• upload viruses, malware or any harmful code;
• create multiple or fake Accounts, manipulate confirmations, rankings, levels, founding-mapper status, likes or other signals, or engage in coordinated inauthentic behaviour;
• use Gems to send unsolicited advertising or spam, or for any commercial purpose not permitted by these Terms or the Business, Advertising and Data Terms;
• use Content or Map Data from Gems to build, train or improve any competing product, database, map or machine-learning model; or
• use Gems in any way that is unlawful, fraudulent or harmful, or that could expose SVG Gems, its Members or third parties to liability or harm.

10. Safety and assumption of risk

10.1 Your safety is your responsibility. Many places listed on Gems, including beaches, reefs, rivers, waterfalls, trails, the La Soufrière volcano, cays and remote areas, carry natural hazards that can cause serious injury or death. Conditions change without warning. Information on Gems may be incomplete, inaccurate or out of date.

10.2 Official sources come first. Weather, sea, storm, volcanic and transport information shown on Gems comes from third-party services and is provided for general information only. Before you travel, hike, swim, sail, dive or take a ferry, you must check official sources, including the National Emergency Management Organisation (NEMO), the SVG Meteorological Services, the Soufrière Monitoring Unit, the relevant transport operator and the relevant authorities. Never rely on Gems as your only source of safety information.

10.3 Assumption of risk. You visit any place, attend any event and follow any route or suggestion found on Gems entirely at your own risk. You are responsible for your own fitness, equipment, preparation, supervision of anyone in your care, and compliance with local laws, park and marine-reserve rules and the rights of landowners. Do not enter private land without permission.

10.4 Emergencies. Gems is not an emergency service. In an emergency, call 999 or 911.

11. AI features

11.1 Gems may offer features that use artificial intelligence, such as Plan my day (the AI Features). AI Features generate suggestions automatically from information on Gems. Their output may be inaccurate, incomplete, outdated or unsuitable, and may describe places, times or conditions incorrectly.

11.2 Output from AI Features is not advice, is not reviewed by a person before you see it, and does not represent the views of SVG Gems. You must independently verify anything important, especially anything relating to safety, health, transport, cost or opening times, before relying on it.

11.3 You must not use AI Features to generate unlawful, harmful, deceptive or infringing material, to attempt to extract the underlying system instructions, or in breach of the usage policies of our AI provider. We may limit, suspend or withdraw AI Features, including for particular Accounts, at any time.

12. Businesses, Paid Features and advertising

12.1 Business use. Businesses may use Gems to keep information about their own places accurate, subject to these Terms and the Business, Advertising and Data Terms. A Business must not post about itself while posing as a customer, offer or accept anything of value in exchange for confirmations, posts, likes or reviews, or post false or misleading claims.

12.2 Paid Features. If we offer Paid Features, they are governed by the Business, Advertising and Data Terms and by any order you accept. Fees, taxes and refund terms will be shown before you agree to pay.

12.3 Advertising and sponsored content. Gems may display advertising, sponsored places, sponsored events and other promotional content, including from public bodies and partners. We will label paid placements as sponsored or promoted. Advertising does not mean that SVG Gems endorses the advertiser. You agree that we may show advertising alongside Content, including Your Content, without payment to you.

13. Our intellectual property

13.1 Gems, including its software, design, look and feel, text, graphics, logos, the Gems and SVG Gems names, the compilation and arrangement of the map and its databases, and all related intellectual property rights, is owned by or licensed to SVG Gems and protected by law. Except for Your Content, nothing in these Terms transfers any of these rights to you.

13.2 Licence to use Gems. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Gems app on devices you own or control, and to access the Service, solely for your personal, non-commercial use, or for permitted business use under the Business, Advertising and Data Terms.

13.3 You must not use our names, logos or trade marks, or anything confusingly similar, without our prior written permission.

14. Third-party services and attributions

14.1 Gems includes or links to services, data and content provided by third parties, including mapping, sign-in, hosting, notification, weather and AI services. We are not responsible for third-party services, and your use of them may be subject to their own terms and privacy policies.

14.2 Google Maps. Gems uses Google Maps features and content. Your use of Google Maps through Gems is subject to the Google Maps/Google Earth Additional Terms of Service at maps.google.com/help/terms_maps/ and the Google Privacy Policy at policies.google.com/privacy.

14.3 Attributions. Island outlines are derived from OpenStreetMap data, © OpenStreetMap contributors, available under the Open Database Licence. Weather and sea data is provided by Open-Meteo.com under the Creative Commons Attribution 4.0 licence. Storm information is published by the United States National Hurricane Center.

15. Copyright and intellectual property complaints

We respond to notices of alleged infringement in accordance with the Copyright and Intellectual Property Policy at svggems.com/copyright. We may remove allegedly infringing Content and terminate the Accounts of repeat infringers.

16. Moderation and enforcement

16.1 We are not obliged to monitor Content, and we do not review all Content before it is published. We use automated tools, reports from Members and human review to detect Content that may breach these Terms.

16.2 We may, at our discretion and without liability to you, remove, hide, restrict, label or decline to publish any Content; limit features; or warn, suspend or permanently terminate any Account, where we reasonably believe that Content or conduct breaches these Terms, creates a risk of harm or legal exposure for SVG Gems, our Members or others, or where required by law. Where it is safe, lawful and practical to do so, we will tell you about the action and the reason.

16.3 You may ask us to review a decision as described in the Moderation, Appeals and Transparency Policy. Our decision on review is final, without prejudice to any rights you have by law.

16.4 We may preserve Content and information, and disclose it to law enforcement, regulators or other parties, where we believe in good faith that this is required by law or reasonably necessary to protect any person from harm, to enforce these Terms, or to protect the rights, property or safety of SVG Gems, our Members or the public, as described in the Privacy Policy and the Moderation, Appeals and Transparency Policy.

17. Privacy

Our collection and use of personal data is described in the Privacy Policy. You agree that we may communicate with you electronically, including by email and in-app notification, and that electronic communications satisfy any legal requirement that a communication be in writing.

18. Ending this agreement

18.1 You may stop using Gems and close your Account at any time from the app's settings, or as described at svggems.com/delete-account.

18.2 We may suspend or terminate your Account or access to Gems, with or without notice, if you breach these Terms, if we are required to do so by law, if your use creates a risk or possible legal exposure for us or others, if your Account has been inactive for more than two years (after giving notice by email), or if we discontinue Gems.

18.3 On termination, the licence in section 13.2 ends immediately. Sections 2, 6.3 to 6.9, 9, 10, 13, 14, 16.4, and 18 to 26 survive termination, together with any other provision which by its nature is intended to survive.

19. Changes to these Terms

19.1 We may change these Terms from time to time, for example to reflect changes to Gems, to the law or to our business. We will publish the revised Terms with a new effective date.

19.2 If a change materially affects your rights, we will give you reasonable advance notice in the app or by email before it takes effect, except where a change is required urgently by law or to address a security risk or harm. By continuing to use Gems after the change takes effect, you accept the revised Terms. If you do not agree, you must stop using Gems and close your Account.

20. Disclaimers

20.1 To the fullest extent permitted by law, Gems and all Content, Map Data, AI output and information on it are provided "as is" and "as available", without warranties, representations or conditions of any kind, whether express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness, availability, non-infringement and quiet enjoyment.

20.2 Without limiting section 20.1, SVG Gems does not warrant that Gems will be uninterrupted, timely, secure or free from errors, viruses or loss of data; that any Content, place, route, forecast, opening time or confirmation is accurate, complete, safe, lawful or current; or that defects will be corrected.

20.3 SVG Gems is not responsible for the conduct, online or offline, of any Member, Business, event organiser or other third party, or for any place, product, service, event or premises listed on Gems.

21. Limitation of liability

21.1 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

21.2 Subject to section 21.1, and to the fullest extent permitted by law, SVG Gems and its owners, directors, officers, employees, volunteers, moderators, agents, partners, licensors and service providers will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:

• indirect, incidental, special, consequential, exemplary or punitive loss or damage;
• loss of profits, revenue, business, goodwill, opportunity or anticipated savings;
• loss or corruption of data or Content;
• loss or damage arising from your reliance on any Content, Map Data, AI output, forecast or other information on Gems;
• loss or damage arising from any visit to a place, attendance at an event, or use of any route, product or service found on Gems; or
• loss or damage arising from the conduct of any Member, Business or third party, or from any Content they provide,

even if we have been advised of the possibility of such loss or damage.

21.3 Subject to section 21.1, and to the fullest extent permitted by law, the total aggregate liability of SVG Gems and the persons listed in section 21.2 to you for all claims arising out of or relating to Gems or these Terms is limited to the greater of (a) EC$100 and (b) the total amount you paid to SVG Gems for Paid Features in the twelve months before the event giving rise to the claim.

21.4 The limitations in this section apply to the persons listed in section 21.2, each of whom may rely on this section.

22. Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless SVG Gems and the persons listed in section 21.2 from and against all claims, demands, proceedings, liabilities, losses, damages, fines, costs and expenses (including reasonable legal fees) arising out of or relating to:

• Your Content;
• your use or misuse of Gems;
• your breach of these Terms or of any law; or
• your violation of the rights of any other person, including intellectual property, privacy and publicity rights, or any claim that Your Content is defamatory.

We may take exclusive control of the defence of any matter for which you must indemnify us, and you agree to co-operate with us. If you use Gems only as a consumer, this section applies only to the extent that the loss was caused by your breach of these Terms or of the law.

23. Release

To the fullest extent permitted by law, you release SVG Gems and the persons listed in section 21.2 from all claims, known and unknown, arising out of or connected with any dispute between you and any other Member, Business, event organiser or third party, including any dispute about a place, event, transaction or Content.

24. Governing law and disputes

24.1 Talk to us first. Before starting any legal proceedings, you agree to send a written notice of your complaint, with enough detail for us to understand it, to hello@svggems.com, and to give us at least 30 days to try to resolve it with you informally.

24.2 Governing law. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or with Gems, are governed by the laws of St Vincent and the Grenadines.

24.3 Courts. The courts of St Vincent and the Grenadines, being the High Court of the Eastern Caribbean Supreme Court sitting in St Vincent and the Grenadines and the courts having appellate jurisdiction from it, have exclusive jurisdiction over any such dispute or claim, except that SVG Gems may seek urgent injunctive or other equitable relief in any court of competent jurisdiction.

24.4 Consumers outside St Vincent and the Grenadines. If you are a consumer habitually resident in another country, you also benefit from any mandatory protections of the law of that country that cannot be excluded by agreement, and nothing in this section deprives you of those protections or of the right to bring proceedings in the courts of your country where the law gives you that right.

24.5 Individual claims. To the extent permitted by law, any proceedings will be conducted on an individual basis and not as a class, collective or representative action.

24.6 Time limit. To the extent permitted by law, any claim against SVG Gems must be brought within one year after the cause of action arises, after which it is permanently barred.

25. App store terms

25.1 If you downloaded Gems from the Apple App Store or Google Play, you also agree to the terms of that store, which apply to your use of the app in addition to these Terms. These Terms are between you and SVG Gems only, not Apple Inc. or Google LLC (each an App Store Provider).

25.2 Apple. If you use Gems on an Apple device: (a) the licence in section 13.2 is limited to using the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions; (b) SVG Gems, not Apple, is solely responsible for the app and its content, for any maintenance and support, and for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation; (c) Apple has no obligation to provide maintenance or support for the app; (d) to the maximum extent permitted by law, Apple has no warranty obligation with respect to the app, and if the app fails to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price (if any) for the app; (e) in the event of any third-party claim that the app or your use of it infringes that third party's intellectual property rights, SVG Gems, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim; (f) you represent that you are not located in a country subject to a United States Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple has the right to enforce these Terms against you as a third-party beneficiary.

25.3 Questions, complaints and claims about the app should be sent to SVG Gems at hello@svggems.com.

26. General

26.1 Entire agreement. These Terms and the documents referred to in section 1 are the entire agreement between you and SVG Gems about Gems, and replace any earlier agreement or understanding about it.

26.2 Transfer. We may transfer, assign or novate our rights and obligations under these Terms, in whole or in part, to any person, including to a company incorporated to own or operate Gems, or in connection with a merger, acquisition, reorganisation or sale of assets, and you consent to that transfer. We will tell you if this happens. You may not transfer your rights or obligations under these Terms without our written consent.

26.3 Severability. If any provision of these Terms is found to be invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force.

26.4 No waiver. Our failure or delay in enforcing any provision is not a waiver of our right to do so later.

26.5 Events beyond our control. We are not liable for any failure or delay caused by events beyond our reasonable control, including hurricanes, volcanic activity, floods, pandemics, power or network failures, failures of our service providers, acts of government, civil unrest or cyber attacks.

26.6 No third-party rights. Except as stated in sections 21.4 and 25.2, no person other than you and SVG Gems has any right to enforce these Terms.

26.7 Relationship. Nothing in these Terms creates any partnership, joint venture, employment or agency relationship between you and SVG Gems.

26.8 Language. These Terms are written in English. Any translation is for convenience only, and the English version prevails.

26.9 Notices. We may give you notices by email to the address linked to your Account, by in-app notification or by posting on Gems. You must send legal notices to us by email to hello@svggems.com, with "Legal notice" in the subject line.

27. Contact

SVG Gems, St Vincent and the Grenadines. Email: hello@svggems.com.