Gemalli

Terms of Service

Effective date:

These Terms of Service ("Terms") govern your access to and use of the Gemalli B2B platform operated by Lux-Promo ("we", "us", "our"). By registering an account or using the Platform in any capacity, you agree to be bound by these Terms.

1. Definitions

For the purposes of these Terms:

  • "Gemalli" means the B2B trade platform accessible at gemalli.com, including all associated subdomains, APIs, and features.
  • "Lux-Promo" means the legal entity that operates Gemalli, responsible for platform infrastructure, support, and policy enforcement.
  • "Platform" means the software, interfaces, APIs, content repositories, and data processing infrastructure that together constitute Gemalli.
  • "Manufacturer" means a registered business entity that creates a public profile on the Platform, lists products, and receives Requests for Quotation from prospective buyers.
  • "Buyer" means any individual or legal entity that uses the Platform to discover Manufacturer profiles and submit Requests for Quotation.
  • "Content" means any information, text, images, data, documents, or other materials uploaded to, created on, or transmitted through the Platform by any user.
  • "RFQ" (Request for Quotation) means a structured inquiry submitted by a Buyer to a Manufacturer expressing interest in a specific product or service, facilitated through the Platform's lead-generation flow.
  • "Account" means the registered profile associated with a unique email address and credentials, through which a user accesses Platform features.
  • "Subscription" means a paid access plan, where applicable, as described in Section 8.

2. Eligibility and Account Registration

2.1 Eligibility

You may use the Platform only if:

  • (a) You are at least 18 years of age;
  • (b) You are acting on behalf of a legal business entity with authority to enter into binding agreements;
  • (c) Your use is not prohibited by applicable law in your jurisdiction;
  • (d) You are not a sanctioned entity or acting on behalf of one (see Section 7).

2.2 Account Registration

To access most Platform features, you must register an account by providing a valid business email address, display name, and, for Manufacturer accounts, basic company details. You represent that all registration information is accurate and current. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

2.3 Account Types

The Platform distinguishes between Manufacturer accounts (which may list products and receive RFQs) and Buyer accounts (which may browse profiles and submit RFQs). Some features are tier-gated and subject to Subscription status.

2.4 One Account per Entity

Each legal entity may maintain one active account unless explicitly authorised by Lux-Promo in writing. Creating duplicate or shell accounts to circumvent limits or enforcement actions is prohibited.

3. Scope of Services

3.1 Lead-Generation Platform

Gemalli is a B2B lead-generation platform, not an e-commerce marketplace. The Platform enables Manufacturers to present their business profiles and product catalogues to international Buyers, and enables Buyers to submit RFQs directly to Manufacturers. No purchase transactions, payment processing between buyers and sellers, shopping cart, or fulfilment services are conducted through the Platform itself.

3.2 No Contractual Intermediary Role

Lux-Promo is not a party to any commercial agreement, supply contract, or transaction entered into between a Manufacturer and a Buyer. The Platform merely facilitates the initial contact. All negotiations, pricing, delivery terms, export documentation, and contractual obligations are exclusively between the Manufacturer and the Buyer.

3.3 Service Availability

We strive to provide continuous availability but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to maintenance, infrastructure upgrades, or force majeure events. Planned maintenance will be communicated in advance where practicable.

4. Manufacturer Obligations

Manufacturers agree to:

  • (a) Accuracy: Provide accurate, current, and complete information in their profiles and product listings. Misleading descriptions, false certifications, or misrepresented product specifications are strictly prohibited.
  • (b) RFQ Response: Make reasonable efforts to respond to legitimate RFQs in a timely manner. Systematic non-response may result in account review.
  • (c) Export Law Compliance: Comply with all applicable export control laws and trade sanction regimes relevant to their goods and target markets. Manufacturers are solely responsible for determining whether their products may be lawfully exported to a particular buyer's jurisdiction.
  • (d) Certification Accuracy: Not claim certifications, quality marks, or regulatory approvals that the Manufacturer does not hold or that have lapsed.
  • (e) Contact Integrity: Ensure that contact details listed are valid and monitored, so that Buyers who submit RFQs receive meaningful follow-up.
  • (f) Content Standards: Ensure all Content they upload complies with Section 6 (Content Ownership and License) and does not violate Section 7 (Prohibited Uses).

5. Buyer Obligations

Buyers agree to:

  • (a) Genuine Inquiries: Submit RFQs only when representing a genuine purchasing intent or legitimate market research. Bulk, speculative, or harassing RFQ submissions are prohibited.
  • (b) No Spam: Not use contact information obtained through the Platform to send unsolicited commercial communications unrelated to the subject of the original RFQ.
  • (c) Accurate Representation: Accurately represent the buyer entity, jurisdiction, and intended use case when submitting RFQs. Misrepresentation that induces a Manufacturer to engage with a prohibited counterparty is a material breach of these Terms.
  • (d) Legal Compliance: Ensure that any proposed transaction complies with import regulations, sanction regimes, and applicable law in the Buyer's jurisdiction.

6. Content Ownership and License

6.1 Manufacturer Content Ownership

All Content uploaded by a Manufacturer (including product descriptions, images, company documents, blog posts, and director profiles) remains the intellectual property of the Manufacturer or its licensors. Lux-Promo does not claim ownership of Manufacturer Content.

6.2 License to Lux-Promo

By uploading Content to the Platform, each Manufacturer grants Lux-Promo a non-exclusive, royalty-free, worldwide license to:

  • (a) Store, display, and reproduce the Content to operate the Platform and serve it to Buyers;
  • (b) Display the Content in the Platform's supported languages (currently English, Ukrainian, and Russian), including any translations the Manufacturer provides, for the purpose of improving international discoverability;
  • (c) Create derivative summary or indexed versions of the Content for search and recommendation features on the Platform.

This license continues for as long as the relevant Content remains on the Platform and terminates when the Content is removed or the account is deleted, subject to reasonable cache and backup retention periods.

6.3 Buyer-Submitted Content

RFQ submissions and messages sent through the Platform are considered Content and may be stored, processed, and transmitted to the addressed Manufacturer. Buyers retain ownership of their inquiry Content; Lux-Promo processes it solely to operate the Platform's lead-generation flow.

6.4 User Warranties

By submitting Content, you represent and warrant that: (a) you own or are licensed to submit such Content; (b) the Content does not infringe the intellectual property rights of any third party; and (c) the Content complies with these Terms and applicable law.

7. Prohibited Uses

You may not use the Platform to:

  • (a) Scrape or extract data in bulk using automated tools, bots, crawlers, or scripts, beyond what is explicitly permitted by Lux-Promo in writing;
  • (b) Send spam or unsolicited bulk communications to other users or to third parties using contact data obtained from the Platform;
  • (c) Misrepresent your identity, company, certifications, product specifications, or affiliation with any entity;
  • (d) List or promote counterfeit goods, goods that infringe intellectual property rights, or goods that are prohibited for export or import under applicable law;
  • (e) Circumvent security controls, including but not limited to attempting to access accounts or data of other users, reverse-engineering the Platform, or bypassing rate limits or anti-bot measures;
  • (f) Engage in or facilitate sanctioned trade: Entities incorporated or registered in the Russian Federation, individuals or entities on OFAC SDN lists, EU consolidated sanctions lists, or Ukrainian NSDC sanctions lists may not register or use the Platform. Users representing buyers or suppliers subject to such sanctions are prohibited from submitting or receiving RFQs. Lux-Promo reserves the right to terminate any account where there is reasonable belief of sanction exposure, without prior notice;
  • (g) Upload malicious content, including malware, phishing materials, or content designed to deceive users;
  • (h) Violate any applicable law, including consumer protection, competition, data protection, export control, or anti-money-laundering law.

Lux-Promo reserves the right to suspend or terminate accounts found to be in violation of this Section without prior notice and without obligation to refund any prepaid subscription fees.

8. Fees and Billing

8.1 Free Tier

A limited free tier is available to Manufacturers, providing access to basic profile and product listing features within the usage limits described on the Pricing page.

8.2 Subscription Plans

Paid subscription plans providing expanded features and higher usage limits may apply from Q3 2026 onwards. Pricing, plan features, billing cycles, and payment methods will be published on the Platform's Pricing page prior to billing commencing. No subscription charges will be applied without prior notice and the Manufacturer's explicit consent.

8.3 Payment Providers

The Platform may use third-party payment processors. All payments are subject to the terms of the applicable payment processor. Lux-Promo does not store full payment card data.

8.4 Cancellation and Refunds

Details of cancellation rights, refund policies, and proration will be specified on the Pricing page when subscription billing is introduced. Statutory refund rights under applicable consumer and commercial law are not affected.

9. Intellectual Property

All rights in the Platform itself — including software, design, trade marks, logos, and documentation — are owned by Lux-Promo or its licensors. Nothing in these Terms transfers any ownership of Platform intellectual property to you. You may not copy, modify, distribute, sell, or create derivative works from Platform code, design, or documentation without express written authorisation.

The Gemalli name and logo are trade marks of Lux-Promo. You may not use them without written permission, except to accurately identify the Platform when referring to it in good-faith public communications.

10. Third-Party Services and Infrastructure

The Platform's database and file storage are self-hosted on server infrastructure operated directly by Lux-Promo — they are not held by a third-party managed cloud service. The Platform additionally relies on the following third-party providers, each operating under a data processing agreement or equivalent terms. By using the Platform, you acknowledge that your data may be processed by these services in accordance with their respective privacy and data processing terms:

  • Server hosting provider — provides the EU-based server that runs the Platform;
  • Transactional email provider (SMTP) — delivery of account, RFQ, and password-reset emails;
  • Plausible — privacy-preserving website analytics (no personally identifying data, no cookies);
  • Sentry — error monitoring and performance tracing (personal data is scrubbed before transmission);
  • Telegram — delivery of optional notifications to Manufacturers who opt in;
  • Cloudflare — anti-bot challenge (Turnstile) on public submission forms.

Lux-Promo ensures that data processing agreements or equivalent terms are in place with each provider. The Platform does not sell user data to data brokers or advertising networks. For full details of how personal data is processed, see the Privacy Policy.

11. Disclaimers and Limitation of Liability

11.1 No Warranties

The Platform is provided "as is" and "as available". To the maximum extent permitted by applicable law, Lux-Promo disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be error-free, uninterrupted, or free from viruses.

11.2 No Endorsement of Manufacturers

Lux-Promo does not verify, endorse, or guarantee the quality, legality, or reliability of any Manufacturer's products, services, certifications, or representations. Buyers engage with Manufacturers entirely at their own risk.

11.3 Limitation of Liability

To the maximum extent permitted by law, Lux-Promo's aggregate liability to any user for any claim arising out of or in connection with these Terms or the Platform shall not exceed the greater of: (a) the total fees paid by that user in the twelve months preceding the claim; or (b) USD 100.

In no event shall Lux-Promo be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or loss of data, arising out of or in connection with your use of the Platform, even if advised of the possibility of such damages.

11.4 Force Majeure

Lux-Promo shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to war, armed conflict, cyberattacks, natural disasters, pandemic, government action, or infrastructure failures beyond our hosting providers' control.

12. Termination

12.1 Termination by User

You may close your account at any time by following the account deletion procedure in your account settings or by contacting editorial@gemalli.com. Deletion triggers a 30-day purge cycle for personal data, subject to our legal data retention obligations.

12.2 Termination by Lux-Promo

Lux-Promo may suspend or terminate your account at any time if: (a) you breach these Terms; (b) your account is involved in fraudulent, illegal, or sanctioned activity; (c) continued access poses a risk to the Platform or other users; or (d) we discontinue the Platform or a material feature thereof.

12.3 Effect of Termination

Upon termination, your right to access the Platform ceases immediately. Content you uploaded may be removed. Provisions of these Terms that by their nature should survive termination (including Sections 6.1, 9, 11, and 13) shall survive.

13. Governing Law and Dispute Resolution

The governing law and dispute resolution venue applicable to these Terms will be specified in a future revision of these Terms. Until that revision is published, any dispute arising in connection with these Terms should first be raised with Lux-Promo at editorial@gemalli.com, and the parties agree to attempt good-faith resolution before initiating any formal proceedings.

14. Changes to These Terms

Lux-Promo may update these Terms from time to time. When we make material changes, we will notify registered users via email to the address on file and update the "Effective date" at the top of this document. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform.

15. Contact

Questions or concerns regarding these Terms should be directed to Gemalli by Lux-Promo at editorial@gemalli.com.

For data protection inquiries, see the Privacy Policy.

Terms of Service — Gemalli