Gemtheon Designer Agreement

This Designer Agreement (the “Agreement”) applies when you upload or otherwise submit a Design to Gemtheon. It supplements the Gemtheon Terms and Services and any separate order, workspace, retailer, or commercial terms that apply to your account.

You must be legally able to enter into this Agreement. If you submit on behalf of a studio, employer, retailer, rights owner, or other organization, you represent that you have authority to bind that organization.

• “Design” means the jewelry design and all submitted 3D models, CAD-derived files, images, videos, thumbnails, descriptions, taxonomy, specifications, mappings, and related metadata.
• “Designer” or “you” means the person or organization submitting a Design.
• “Gemtheon” means the Gemtheon platform and its operator, service providers, and authorized platform functions.
• “Retailer” means a business or authorized user that can access Designs through Gemtheon.
• “Commercial Use” means using a Design in quoting, marketing, selling, configuring, producing, or fulfilling jewelry for a customer, where permitted by the selected license and applicable transaction terms.

You are responsible for ensuring that each Design and its product data are accurate, complete, and suitable for the visibility and customization options you select. Technical validation or administrative review by Gemtheon does not certify ownership, manufacturability, safety, regulatory compliance, or freedom from third-party rights.

You must promptly correct or withdraw a Design if you learn that its content, classification, permissions, or rights declaration is inaccurate.

As between you and Gemtheon, you retain ownership of the intellectual property rights you hold in your Design. Uploading a Design does not assign those rights to Gemtheon.

This Agreement does not give you ownership of Gemtheon software, rendering systems, platform templates, taxonomies, interfaces, or materials owned by Gemtheon or third parties. Feedback about the platform may be used by Gemtheon without restriction or compensation.

You grant Gemtheon a worldwide, non-exclusive, royalty-free license to host, store, copy, validate, format, convert, render, stream, transmit, display, and otherwise technically process each Design as necessary to operate, secure, support, and improve the services you request.

This license includes creating technical previews, thumbnails, images, videos, search indexes, and compatible file formats from submitted assets. Gemtheon may sublicense these limited rights to infrastructure providers, rendering providers, professional advisers, and authorized Retailers only as needed to provide the platform and honor your selected visibility and license settings.

Gemtheon does not receive an independent right to manufacture or sell your Design outside the permissions selected by you or separately agreed in writing.

The setting attached to a Design controls its platform visibility and baseline permission. The setting in effect when a Retailer accesses or transacts on a Design applies to that access or transaction.

If you mark a Design as configurable, you authorize Gemtheon to generate the technical variations selected by you, such as supported stone, size, setting, metal, or ring-size variations. If you mark a Design as modifiable on request, Retailers may request changes, but you remain responsible for approving and supplying any manually modified design.

Customization permissions are capabilities, not guarantees of manufacturability. Unless separate written terms state otherwise, ownership of a custom result and the right to manufacture it follow the underlying Design license and the applicable transaction terms.

A Retailer may use a Design only within the visibility, commercial-use permission, customization scope, and transaction terms attached to that Design. Access to a Design does not by itself transfer ownership or permit redistribution, resale of source assets, sublicensing, reverse engineering, or use outside the authorized project.

Pricing, royalties, production fees, exclusivity periods, customer ownership, manufacturing responsibility, and delivery obligations must be established in the applicable Gemtheon transaction or a separate written agreement. Gemtheon owes no royalty or other payment merely because a Design is uploaded, indexed, previewed, or reviewed.

You may not submit a Design that:

• infringes or misappropriates copyright, design rights, patents, trademarks, trade dress, privacy, publicity, confidentiality, contract rights, or trade secrets;
• contains assets obtained without the rights required for the selected platform and commercial uses;
• is deceptive, unlawful, malicious, unsafe, or intended to bypass platform security or access controls; or
• includes personal, confidential, export-controlled, or regulated information that you are not permitted to share.

Gemtheon may validate, review, approve, reject, restrict, suspend, relabel, or remove a Design to enforce this Agreement, protect users, comply with law, respond to rights claims, or maintain platform quality. Gemtheon is not required to pre-screen every Design and does not endorse a Design merely because it is available on the platform.

Where appropriate, Gemtheon may request evidence of authorship, authorization, source files, licenses, project instructions, or other information supporting your rights declaration.

If Gemtheon receives a credible claim that a Design infringes third-party rights, it may disable access while the claim is reviewed. Gemtheon may share the substance of a claim and relevant contact information with the submitting Designer or claimant where permitted.

Rights notices should identify the protected work or right, the disputed Design, the claimant’s authority, contact information, a good-faith statement, and any supporting evidence. Submit notices using the contact method published in the Gemtheon Legal Policies. False or abusive notices may lead to account restrictions and other remedies.

Gemtheon will apply the access controls associated with your selected visibility. Private and unlisted settings reduce discovery but do not create an attorney-client relationship, escrow arrangement, or absolute guarantee of confidentiality. Designs may still be accessed by personnel and service providers who need access to operate, secure, support, or legally review the platform.

Do not upload trade secrets or highly sensitive information unless your organization has determined that the applicable platform terms, technical controls, and any separate confidentiality agreement are sufficient.

This Agreement applies while your account or any submitted Design remains active. You may withdraw a Design using available platform controls. After withdrawal, Gemtheon will stop new discovery and use within a commercially reasonable period.

Withdrawal does not revoke rights already granted for completed or active authorized transactions. Gemtheon may retain limited copies in backups, security records, dispute files, audit logs, and legal-compliance records. Provisions that by their nature should survive—including ownership, transaction rights, warranties, responsibility, and dispute-related terms—remain effective.

You represent and warrant that you own or control all rights necessary to submit each Design and grant the permissions in this Agreement; your information and rights declarations are accurate; and authorized platform, Retailer, customization, and Commercial Uses will not violate third-party rights or applicable law.

You remain responsible for your Designs, instructions, representations, and agreements with Retailers. Platform availability, disclaimers, limitations of liability, indemnification obligations, and dispute terms are governed by the Gemtheon Terms and Services and any applicable written commercial agreement.

Gemtheon may update this Agreement by publishing a new version and effective date. Material changes will apply prospectively after notice where required. A Design remains associated with the agreement version accepted at submission unless you accept an updated version or applicable law requires otherwise.

If this Agreement conflicts with a specifically negotiated written agreement for a Design or transaction, the specifically negotiated terms control for that scope. Otherwise, the Gemtheon Terms and Services control general matters including governing law, dispute resolution, disclaimers, and limitations of liability.

Questions about this Agreement may be sent to support@gemtheon.com. See the Gemtheon Legal Policies for the current Terms and Services, Privacy Policy, and published rights-notice process.