Terms of Service

last updated date: September 04, 2025

These Terms of Service (the “Terms”) constitute a binding agreement between you—either in your personal capacity or on behalf of the entity you represent (referred to as “User,” “you,” or “your”)—and geminiware GmbH (“geminiware,” “we,” or “us”). They govern your use of all online applications, software, services, and websites provided by geminiware (collectively, the “Service”).

1. General information

1.1. Acceptance of the Terms

Your use of the Service, whether by registering for an account, joining a group created by another user, using a publicly shared project, or in any other manner, constitutes your agreement to these Terms. If you are acting on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity, and that the entity accepts these Terms through your use of the Service.

1.2. Account Creation and Registration

Certain parts of our Service can be viewed without registration, such as publicly shared projects. To access the majority of features, however, you need to create an account and register as a User. When doing so, you must provide accurate, complete, and current information, including a valid email address and, if you choose a Subscription, the necessary payment details. If you register on behalf of a company or other entity, you confirm that you have the legal authority to accept these Terms for that entity. Without such authority, the Account will be considered registered to you personally.

1.3. Account Credentials and Security

You are solely responsible for maintaining the confidentiality and security of your account credentials. You agree to notify us immediately upon becoming aware of any unauthorized use of your account or any other breach of security. You remain fully responsible for all activities that occur under your account, whether or not you authorized such activities.

1.4. Eligibility Requirements

Access to the Services is permitted only to individuals who are at least fourteen (14) years of age and legally entitled to use the Services under the laws that apply to them. Each account is intended for use by a single individual only. You are prohibited from disclosing your login details or granting access to your account to any other person. In addition, you may not access or use the Services in any manner that would violate applicable export regulations, trade restrictions, or economic sanctions.

2. Groups

2.1. Working in a Group

You can use the Service to work on projects in your personal workspace or in a shared workspace ("Group"). Groups allow users ("Group Members") to collaboratively create, view, and edit projects.

2.2. Group Admins

Each Group must have at least one User designated as the Group’s administrator (the “Admin”). By default, the User who creates the Group (the “Owner”) serves as the Admin. Admins have full administrative rights, including adding or removing Group Members, managing Members’ permissions, and adding or removing projects from the Group.

2.3. Access to Group projects

Group Members can access and view projects stored within a Group (“Group Projects"). Group Members can modify the Group Project and create derivative projects, as allowed by the Service’s features. By adding Group Members to a Group, you grant us permission to share all Group Projects with all Members of that Group. You accept full responsibility and assume all risks associated with sharing your Group Content with other Group Members. You understand that anyone with access to your Group Project may copy it, save their own version, and make private edits.

2.4. Contribution to Group projects

When you join a Group as a Member, any material you create, upload, or edit within the Group space automatically becomes part of the Group’s shared content. By doing so, you authorize your fellow Group Members to use, reproduce, adapt, and build upon that content to the extent allowed by the Service’s features. You also understand that the Group Owner or Administrators may decide to share Group Content with individuals outside the Group. In such cases, you grant — and allow geminiware to grant on your behalf — the necessary rights for those third parties to use, copy, adapt, and develop derivative works from your contributions, as determined by the Group Owner or Administrators.

3. User Content

3.1. Ownership of User Content

You retain full ownership of any User Content you provide through the Service. geminiware does not claim any rights or ownership over your User Content.

3.2. License Grant to geminiware

To operate the Service, we need permission to handle your User Content. You grant us and our legal successors a global, non-exclusive license, which can be sublicensed, to store, copy, display, and perform your Content publicly, as well as make any temporary or supporting copies needed to run the Service. This includes storing your Content in our systems, creating backups, or analyzing it for development purposes. This license does not give us the right to sell your User Content or use it outside of providing the Service.

3.3. License Grant to Other Users

When you share content with other users or Groups, you grant a non-exclusive license to those users to view, modify, and create derivative works from your content, as permitted by the Service features.

3.4. geminiware Access to Private Content

Private projects and content that are not publicly shared may be accessed by geminiware employees under certain circumstances, including:
- To provide technical support and ensure the Service functions correctly.
- To protect the security and reliability of the Service, including safeguarding confidentiality, integrity, and availability.
- If there is reason to suspect that your private content violates the law or these Terms, we may review, access, or remove it.
In addition, legal obligations may require us to disclose the contents of private files.

4. Intellectual Property of geminiware and feedback

geminiware retains sole ownership of all rights, title, and interest in the Service and in all Content except User Content, including all related intellectual property rights. You acknowledge that you do not acquire any intellectual property rights other than the limited licenses expressly granted here.

Occasionally, you may share ideas, suggestions, feedback, or improvements about the Service (collectively, “Feedback”). By submitting Feedback, you give geminiware a non-exclusive, perpetual, irrevocable, royalty-free license to use it for any purpose. Feedback is provided “as-is,” without any warranties.

5. Cancellation and Termination

5.1. Account Cancellation by User

You may close your Account at any time by contacting us at support@geminiware.com.

5.2. Account Termination by geminiware

We may suspend or terminate your access to the Service at our sole discretion at any time, without prior notice or liability. If you hold an active paid Subscription and termination is not the result of your breach of these Terms, we will refund any prepaid but unused fees covering the remaining Subscription period. No refund will be issued if termination results from your violation of these Terms.

5.3. Consequences of Cancellation or Termination

(a) We may retain and use your information where legally required, for example to comply with obligations, resolve disputes, or enforce agreements. Except as required, your profile and User Content will normally be deleted within approximately 90 days of cancellation or termination. Once deleted, this information cannot be recovered, although some encrypted backups, caches, or references may remain temporarily.

(b) Content you have contributed to a Group as a Member, or content that has been copied by other users, will remain available and will not be deleted.

(c) If you are the Owner of a Group at the time of cancellation or termination, all Group Members will lose access to that Group. To avoid disruption, ownership should be transferred to another User before you cancel or terminate your Account.

5.4. Survival of Terms

Provisions of these Terms which, by their nature, should remain effective after cancellation or termination will continue in force. This includes, without limitation, ownership rights, warranty disclaimers, indemnification obligations, and limitations of liability.

6. Disclaimer of Warranties

geminiware does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service. You acknowledge that we have no control over, and no duty to take any action regarding: (i) what Content You access via the Services; (ii) what effects the Content may have on You, and how You may interpret or use the Content; or (iii) what actions You may take as a result of having been exposed to the Content. We make no representations concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

GEMINIWARE PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

7. Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
- the use, disclosure, or display of your User Content;
- Your use or inability to use the Service;
- any modification, price change, suspension, or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service;
- any other matter relating to the Service.
Our liability is limited, regardless of whether we were aware of the potential for such damages, and even if any remedy provided in these Terms fails to achieve its primary purpose. We shall not be liable for any failure or delay caused by circumstances beyond our reasonable control.

OUR MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICE SHALL NOT EXCEED THE GREATER OF (1) TOTAL AMOUNT OF FEES PAID OR PAYABLE BY YOU TO COMPANY DURING THE TWELVE MONTHS PRECEDING THE DATE THE LIABILITY FIRST ARISES OR (2) €300.

8. Severability, No Waiver, and Continuing Effect

If any provision of these Terms is found to be invalid or unenforceable, it will be interpreted in a way that best reflects the original intention of the parties, and the remainder of the Terms will continue to apply in full. Failure by geminiware to enforce any provision at any time does not constitute a waiver of the right to enforce that provision in the future.

9. Changes to these Terms

We may revise these Terms periodically. When changes are made, the revised Terms will be posted on the Service with an updated “Last Updated” date. For significant changes, we will also send a notification to the email address you have provided. For existing users, any changes will take effect thirty calendar days after such notification. For new users who agree to the Terms after the updated “Last Updated” date, the changes will take effect immediately. Your continued use of the Service after these changes become effective constitutes your acceptance of the updated Terms.

10. Responsible Use of the Service

You may only use the Service in a manner that complies with all applicable laws, including, but not limited to, laws governing copyright, trademarks, export controls, and economic sanctions. It is your responsibility to ensure that your activities on the Service follow these legal requirements. You further agree not to engage in any conduct that breaches our Content Guidelines.