Last updated: April 24, 2026 — Effective Date: April 24, 2026
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("Merchant," "User," "you," or "your") and Gemhubx and its affiliates, subsidiaries, successors, and assigns (collectively, "Gemhubx," "Company," "we," "us," or "our"). These Terms govern your access to and use of the Gemhubx application, website at https://gemhubapp.com, APIs, and all related services (collectively, the "Service").
BY INSTALLING, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SERVICE.
You must be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.
When you install the Gemhubx app from the Shopify App Store, an account is automatically created using your Shopify store information. For WooCommerce users, you must register an account and provide accurate store credentials. You are solely responsible for:
Gemhubx shall not be liable for any loss or damage arising from your failure to comply with this section.
Each ecommerce store may only be associated with one Gemhubx account. We reserve the right to terminate duplicate accounts without notice.
Gemhubx provides a product sourcing, import, and fulfillment platform that enables Merchants to:
The Service is provided on an "as is" and "as available" basis, subject to the limitations and disclaimers set forth herein.
Access to certain features of the Service requires a paid subscription plan. Plan details, pricing, and feature availability are displayed on our pricing page and are subject to change. We will provide at least thirty (30) days' notice before any price increase takes effect for existing subscribers.
If a free trial is offered, you may use the Service without charge for the specified trial period. At the end of the trial, you will be automatically enrolled in a paid plan unless you cancel before the trial period ends.
You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:
Gemhubx reserves the right to issue refunds at its sole discretion on a case-by-case basis.
You are solely responsible for:
When importing products from Gemhubx to your store, you are responsible for:
You are the merchant of record for all sales made through your store. You are solely responsible for:
The Service, including all software, designs, text, graphics, logos, icons, images, data compilations, APIs, and documentation, is the exclusive property of Gemhubx and its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or create derivative works of any part of the Service without our express written consent.
Product images, descriptions, and data provided through the Service are licensed to you solely for the purpose of listing and selling products through your connected store while your subscription is active. This license is non-exclusive, non-transferable, and revocable. You may not use product content for any purpose unrelated to the Service.
You retain ownership of any content, data, or materials you upload or create within the Service. By using the Service, you grant Gemhubx a non-exclusive, worldwide, royalty-free license to use, process, and display your content solely as necessary to provide and improve the Service.
"Gemhubx," the Gemhubx logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gemhubx or its affiliates. You may not use these marks without our prior written permission. All other names, logos, and brands are property of their respective owners.
You agree not to:
Gemhubx facilitates order fulfillment by coordinating with third-party suppliers and shipping carriers. We do not manufacture, warehouse, or directly ship products. Fulfillment timelines, shipping methods, and delivery estimates are provided by our suppliers and carriers and are not guaranteed by Gemhubx.
Gemhubx is not responsible for shipping delays, lost packages, damaged goods, customs fees, import duties, or other issues arising from the shipping and delivery process. While we make reasonable efforts to facilitate resolution of shipping issues, ultimate responsibility lies with the applicable shipping carrier and supplier.
Product availability is subject to supplier stock levels and may change without notice. Gemhubx does not guarantee that any product listed in the catalog will be available at the time of order. In the event of stock-outs, we will notify you promptly so you can communicate with your customers.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND QUIET ENJOYMENT.
Without limiting the foregoing, Gemhubx and its affiliates do not warrant that:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEMHUBX, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF GEMHUBX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEMHUBX'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO GEMHUBX IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
You agree to defend, indemnify, and hold harmless Gemhubx, its affiliates, subsidiaries, directors, officers, employees, agents, partners, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to:
Gemhubx reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
You may terminate your account at any time by uninstalling the app from your Shopify store, disconnecting your WooCommerce store, or contacting our support team.
Gemhubx reserves the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including but not limited to situations where:
Upon termination:
Before initiating any formal dispute resolution proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA). The arbitration shall be conducted by a single arbitrator, in the English language, and the decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
YOU AND GEMHUBX AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator shall not have the power to consolidate or join claims or to certify a class.
Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. To the extent that arbitration is not applicable, the exclusive jurisdiction and venue for any legal action shall be the state and federal courts located in Delaware.
Gemhubx provides optional integration with TikTok Shop, allowing you to list Gemhubx catalog products on your TikTok Shop seller account and ingest TikTok orders into the Gemhubx dashboard. This feature is independent of your Shopify or WooCommerce integration and requires a separate TikTok Shop seller account in good standing.
By connecting your TikTok Shop account you agree to:
You are the seller of record on TikTok Shop for all sales made through your TikTok seller account. Gemhubx acts solely as an integration layer and is not a party to transactions between you and TikTok buyers. You remain solely responsible for:
Gemhubx acts as a data processor on your behalf when transmitting product and order data to and from TikTok's Open Platform APIs. Gemhubx does not control TikTok's platform, review decisions, or seller policies. TikTok may modify, suspend, or terminate API access at any time, which may affect Gemhubx's ability to provide the TikTok integration without liability to Gemhubx.
You may disconnect your TikTok Shop at any time from the Gemhubx settings page. Upon disconnection, API access tokens are immediately revoked and nulled. Order and product history associated with the TikTok Shop is retained for ninety (90) days before purge, unless you submit an immediate deletion request via [email protected].
These Terms, together with our Privacy Policy, Data Processing Agreement, Security Incident Response Policy, Data Loss Prevention Strategy, and Cookie Policy, constitute the entire agreement between you and Gemhubx regarding the Service and supersede all prior agreements, representations, and understandings.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
The failure of Gemhubx to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Gemhubx.
You may not assign or transfer these Terms or your rights hereunder without Gemhubx's prior written consent. Gemhubx may assign these Terms freely, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Gemhubx shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet outages, or supplier failures.
All notices under these Terms shall be in writing and sent to the email address associated with your account (for notices to you) or to [email protected] (for notices to Gemhubx). Notices are deemed received upon delivery to the designated email address.
These Terms do not create any third-party beneficiary rights, except that Gemhubx's affiliates, subsidiaries, directors, officers, employees, and agents are intended third-party beneficiaries of the limitation of liability and indemnification provisions.
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Gemhubx. You are an independent contractor and have no authority to bind Gemhubx in any manner.
Gemhubx reserves the right to modify these Terms at any time. Material changes will be communicated via email or through the Service at least thirty (30) days before they take effect. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.
If you have questions about these Terms of Service, please contact us:
Gemhubx
Email: [email protected]
Support: [email protected]
Website: https://gemhubapp.com