Terms of Service

1. Acceptance of Terms

By installing or using GemReach ("the App"), you ("the Merchant") agree to be bound by these Terms of Service. If you do not agree, please stop using the App and, where applicable, uninstall it immediately. The App is provided by John Moore, a sole trader trading as JMS Dev Lab in Ireland ("we", "us", "our").

2. Service Description

GemReach is a clienteling and text-messaging application for jewelry retailers. New accounts are provided as a Shopify embedded application, while existing legacy standalone accounts remain supported. It provides client profiles, follow-up reminders, two-way SMS/MMS conversations, message campaigns, and automated occasion messages.

3. Subscription & Billing

GemReach offers tiered subscription plans. Shopify-connected merchants are billed through Shopify's billing system; by subscribing, you authorize Shopify to charge the applicable fees to your Shopify account. Plan details, monthly message allotments, and pricing are displayed within the App's billing page. We reserve the right to change pricing with 30 days' advance notice. Your first paid invoice is covered by our 30-day money-back guarantee. To request it, email support@gemreach.app within 30 days of that invoice; approved refunds are returned through the original billing provider. This guarantee does not limit any statutory consumer or business rights that apply to you.

4. Messaging Compliance

You are solely responsible for the content of the messages you send and for having the legally required consent to text your clients. The App provides compliance tooling — consent capture with an audit trail, automatic STOP/START handling, and quiet-hour enforcement — but this tooling does not constitute legal advice and does not replace your own obligations under applicable laws (including the TCPA in the United States and equivalent laws elsewhere). You agree not to use the App to send unsolicited, deceptive, or unlawful messages, and you acknowledge that carriers or we may suspend messaging that generates excessive complaints. Live SMS activation currently provisions a dedicated US toll-free sender for messages to recipients in the United States and Canada. Availability, registration requirements, and delivery can vary by merchant, recipient location, and carrier.

5. Data Ownership & Responsibility

You retain full ownership of all data entered into GemReach, including client information, conversations, and images. You are responsible for ensuring that your use of the App complies with applicable privacy laws, including obtaining any necessary consent from your clients before entering their personal information or sending them messages.

6. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of Shopify's or our messaging providers' terms.
• Attempt to access other merchants' data or circumvent security measures.
• Reverse-engineer, decompile, or otherwise attempt to extract the source code of the App.
• Use the App to store or transmit malicious code or content.

7. Limitation of Liability

GemReach is provided "as is" without warranties of any kind, express or implied. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the App, including but not limited to loss of data, revenue, or business opportunities, or fines arising from your messaging practices. Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.

8. Termination

You may terminate your use of GemReach at any time by deleting your account or uninstalling the App from your Shopify store. We may suspend or terminate your access if you violate these Terms, Shopify's terms of service, or messaging compliance rules. Upon termination, your account will be deactivated. For Shopify-connected stores, if you do not reinstall within 48 hours, all associated data will be permanently deleted in compliance with Shopify's data protection requirements.

9. Governing Law

These Terms are governed by the laws of Ireland, without limiting mandatory rights you may have under the laws applicable to you. The courts of Ireland have jurisdiction, except where applicable law gives you the right to bring a claim elsewhere.

10. Changes to Terms

We may update these Terms from time to time. Continued use of the App after changes are posted constitutes acceptance of the revised Terms. Material changes will be communicated through the App or via email.

11. Contact Us

For questions about these Terms, contact: