Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of the AskGem.ai website and services, also known as AskGem, Ask Gem. By accessing or using our platform, you agree to be bound by these Terms. Please read these Terms carefully before participating.

We are a for profit, Social Enterprise. We believe in making a global impact with just $1. Join us today and play the ultimate AI game of chance that changes the world!

1. Charity and Donation, Who Can Participate

1.1 When you donate money to AskGem.ai, we have the right to allocate 25% of the proceeds to a charity or cause and 25% to a person, subject to payment processing fees and API costs being deducted.
1.2 People, Charities, Celebrities, Trusts, government organizations, venture funds, startups and companies can all participate. See the following list of qualification summaries: Sole Proprietorship, Partnership, Limited Liability Company (LLC), Corporation, Nonprofit Organization, Charitable Trust, Family Trust, Revocable Living Trust, Irrevocable Trust, Cooperative (Co-op), Limited Partnership (LP), Limited Liability Partnership (LLP), Government Organization, Cooperative Corporation (Co-op Corp), Social Enterprise.
1.3 Individuals, Charities and other organizations mentioned in clause 1.2 above can sponsor us to promote their causes.
1.4 AskGem.ai is not a charity, and we do not issue tax receipts. Recipients of donations are responsible for their own tax obligations.
1.5 We reserve the right to refuse any charity, cause, or person for any reason we deem necessary, including if we believe they are inappropriate or fraudulent.

2. Liability and Dispute Resolution

2.1 Participants in AskGem.ai activities hold no liability for the outcomes or effects of giving to us or being promoted by us. By participating, you waive all liabilities.
2.2 In the event of any dispute, the maximum liability we may incur is limited to $1 USD.

3. Promotion and Rule Changes

3.1 We reserve the right to promote the winners on our website and in all media.
3.2 We may change the rules and terms of the game at our discretion.

4. Compliance with Local Laws

4.1 Participation in AskGem.ai is void and illegal in any country that prohibits such activities.

5. Verification and Technical Issues

5.1 We will pay out proceeds upon verifying the winners.
5.2 If our website or technology experiences downtime, we are not liable for any delays in delivering the winning results. We have a grace period to announce winners.

6. Winner Selection and Eligibility

6.1 There is no guarantee that we will feature the winners, their chosen charity, cause, or person if we deem it inappropriate and have the right to choose new winners via Gem.
6.2 All winners must meet the following criteria:
6.2.1 They must be human or a charity or cause.
6.2.2 They must have either been nominated by someone else or nominated themselves.
6.2.3 Winners must have chosen a charity or cause to receive a portion of the donation unless they were nominated. If they were nominated they would need the person who nominated them to have chosen a charity or cause and have paid $1 on their behalf.
6.2.4 Each winner must have asked at least one question stemming from the original donation of at least $1. Nominees will be asked upon winning to Ask Gem a question.
6.2.5 Be chosen by Asking Gem to choose a winner randomly from the names provided of causes, charities and people.

7. Minimum Donation

7.1 The minimum donation amount is $1 USD, and there is no guarantee of winning

8. Use of Information

8.1 We may use questions asked of Gem, answers given by Gem, and information about charities, causes, or persons chosen by participants to promote our company and beneficiaries.

9. Disclaimer

9.1 We are not affiliated with Google but would love to be one day! We are a company that uses AI tools for entertainment purposes, education, and charitable donations and hopefully do impactful things in the world!

10. Currency

10.1 All amounts donated are in USD and will be paid out in USD.

11. Multiple Entries

11.1 Participants can enter as many times as they want and donate any amount they choose.

12. Social Media Promotion

12.1 Participants must have made a donation to AskGem.ai to be eligible to participate in our social media promotions. By promoting AskGem.ai on social media using the hashtags #askgem and #askgem.ai, eligible participants can increase their number of entries. However, participants should look up the current rules governing our social media giveaway or challenge, as we reserve the right to change the structure of our social media giveaways. These social media giveaways are ways that we allow people to enter more names for free if they complete the task we ask for on their social media and prove it to us by tagging us from our designated and official social media accounts and adding our hashtags and cross promoting us.

13. Eligibility

13.1 The recipient of the donation must be a real person, charity, or cause, and it must be legal to provide them with the funds.
13.2 Participants under the age of minority in their country must have a guardian accept their win on their behalf, held in trust with a lawyer.

14. Entertainment and Promotion

14.1 AskGem.ai is for entertainment purposes and aims to contribute to charitable causes and promote user choices.

15. Intellectual Property Rights

15.1 We own all intellectual property and rights related to our concept, its name, its idea, its content, its likeness, and it cannot be duplicated in any digital form. Any apps that mimic or impersonate or duplicate our concept will be reported and shut down immediately with legal action taken.

16. App Ownership

16.1 We own the rights to the apps on all platforms where they are displayed, including Google Play Store, Apple Store, and others. By using AskGem.ai, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

17. Accuracy of Information

17.1 All information provided when entering our game, including names and other details, must be accurate and legal. Any discrepancies or false information may disqualify participants from winning.

18. Governing Law and Jurisdiction

18.1 These Terms and Conditions are governed by and construed in accordance with the laws of Canada, without regard to its conflict of law principles.
18.2 Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Canadian courts, and you consent to the personal jurisdiction of these courts for the purpose of resolving any such dispute.

19. Arbitration Clause

19.1 Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or validity thereof, shall be resolved by arbitration administered by an arbitration agent of our choosing, in accordance with its rules and procedures, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
19.2 The place of arbitration shall be Calgary, Alberta, Canada. The language of the arbitration shall be English.

20. Data Privacy and Protection

20.1 If we collect and process user data, we are committed to ensuring the protection of your personal information. Our data handling practices are governed by our Privacy Policy, which outlines how we collect, use, and safeguard your data. Please review our Privacy Policy for a detailed explanation of our data protection practices.
20.2 We are dedicated to compliance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). If you are a user residing in a jurisdiction covered by such laws, you have certain rights regarding your personal data. Please refer to our Privacy Policy for information on how to exercise these rights and for further details on how we handle your data.

21. User Conduct

21.1 We encourage a respectful and positive environment on our platform and expect users to engage in acceptable conduct. Users shall not engage in, facilitate, or promote any of the following prohibited activities while using AskGem.ai:
(a) Harassment, bullying, or threatening behavior toward other users or our team members.
(b) Posting, sharing, or transmitting any content that is defamatory, offensive, discriminatory, or illegal.
(c) Intentional disruption or interference with the proper functioning of AskGem.ai, including attempts to hack, tamper with, or gain unauthorized access to our platform.
(d) Transmitting viruses, malware, or any harmful code that may damage or compromise the security of our platform or users’ devices.
(e) Engaging in spamming, phishing, or any other fraudulent activities.
(f) Violating any applicable laws or regulations in your jurisdiction.
21.2 We reserve the right to take appropriate actions, including but not limited to account suspension or termination, to address any user conduct that violates these Terms and Conditions. We also reserve the right to report any unlawful activities to the relevant authorities.

22. Termination

22.1 We reserve the right to terminate or suspend your user account and access to AskGem.ai, in whole or in part, under the following circumstances:
(a) Violation of these Terms and Conditions: If you breach any provision of these Terms and Conditions or engage in conduct that we reasonably believe violates the spirit and principles of our platform, we may terminate your account without notice.
(b) Legal Requirements: If we are required to do so by applicable laws or regulations, or if your continued use of our platform poses a legal risk or liability, we may terminate your account.
(c) Inappropriate Conduct: If you engage in abusive, harmful, or disruptive behavior on our platform, as outlined in Clause 23 (User Conduct), we may suspend or terminate your account.
(d) Fraud or Misrepresentation: If we determine that you have engaged in fraudulent activities or provided false or misleading information, we may terminate your account.
(e) Discontinuation of Service: We reserve the right to discontinue or modify our services, in whole or in part, at any time, with or without notice. In such cases, your access to the affected services may be terminated.
22.2 Upon termination of your account, you will no longer have access to our platform, and any content associated with your account may be removed at our discretion.
22.3 Termination of your account does not relieve you of any obligations or liabilities that may have arisen before termination, including any payment obligations.

23. Indemnification

23.1 You agree to indemnify, defend, and hold harmless AskGem.ai, its affiliates, partners, employees, directors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:
(a) Your use of our platform.
(b) Any content or information you submit, post, transmit, or make available on our platform.
(c) Any violation of these Terms and Conditions or any applicable laws or regulations.
(d) Any infringement of third-party rights, including but not limited to intellectual property rights, privacy rights, or other proprietary rights, caused by your actions or content.
(e) Any conduct that violates the rights, dignity, or safety of any person or entity.
23.2 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claims.

24. Disclaimers

24.1 AskGem.ai is provided for entertainment and educational purposes only. We do not endorse, guarantee, or verify the accuracy or reliability of any information provided by our platform or AI services. Any information, responses, or content generated by AskGem.ai should not be considered professional advice and should not be used as a substitute for professional consultation.

25. Limitation of Liability

25.1 To the maximum extent permitted by applicable law, AskGem.ai, its affiliates, partners, employees, directors, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
(a) Your use or inability to use our platform.
(b) Any unauthorized access to or use of our servers and any personal information stored therein.
(c) Any content or information obtained from our platform.
(d) Any unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

26. Modification of Terms

26.1 We reserve the right to change these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our platform. We will make reasonable efforts to notify users of significant changes. Your continued use of our platform after the posting of any changes constitutes your acceptance of those changes.

27. Notices

27.1 We may communicate with users through notices posted on our platform, via email, or other means we consider appropriate. Users can contact us for inquiries or support through the contact information provided on our platform or through designated communication channels.

28. Intellectual Property

28.1 AskGem.ai retains all intellectual property rights, including but not limited to copyrights, trademarks, and patents, related to our platform, content, and trademarks. Users are granted a limited, non-exclusive, non-transferable license to access and use our platform and services. Users are prohibited from reproducing, modifying, distributing, or using our intellectual property without our prior written consent.

29. No Refunds

29.1 Please note that all donations or payments made through our platform are non-refundable. We do not offer refunds under any circumstances, even if the payment provider offers such refunds.
29.2 All refund requests are void the moment a donation or payment is made through our platform. Once a donation or payment is processed, it is considered final, and no refunds will be provided.
“Donate” Definition
“Donate” refers to the voluntary act of giving money or funds to AskGem.ai, whereby the donor relinquishes ownership and control of the donated amount. Upon donation, the donor acknowledges that AskGem.ai retains full discretion and authority to disburse and allocate the donated funds to charitable causes, individuals, or other purposes as determined by AskGem.ai in accordance with its Terms and Conditions. Donations are non-refundable and are considered final upon processing through the AskGem.ai platform. Donors understand that their donations do not confer ownership rights or guarantees of specific outcomes and are made with the understanding that AskGem.ai will distribute the funds as it deems appropriate.

By using AskGem.ai, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with any part of these Terms, please do not use our services.

Thanks for taking the time to read our Terms and Conditions and we hope you enjoy playing our game!