Terms and conditions

These terms apply to the 3D files and cutting files you buy from Digital Gemology through digitalgemology.com, and to your use of our free 3D Gemstone Simulator. Checkout is run by Lemon Squeezy, which sells the files to you as reseller and merchant of record (Article 6). Part A sets out the definitions, who we are and when these terms apply; Part B covers files; Part C covers the 3D Gemstone Simulator; Part D contains the provisions that apply to both, including intellectual property, liability, complaints and disputes. Some provisions apply only to consumers or differ for business customers, as indicated.

Part A. General

Article 1. Definitions

Digital Gemology, we

Compliance Condo B.V., trading as Digital Gemology, as identified in Article 2.

Consumer

a natural person who is not acting for purposes relating to their trade, business, craft or profession.

Business customer

any customer that is a legal person, or a natural person acting for purposes relating to a trade, business, craft or profession, for example a gem cutter, jeweler, designer, manufacturer or school.

File

any digital file we supply, including 3D models (such as STEP, STL, OBJ, GLB, FBX and 3DM files), cutting files (such as GemCad .asc files), tier tables, faceting diagrams, certificates and previews, and any update to them.

Digital stone

a gemstone that exists only as a 3D model in the 3D Gemstone Simulator, with the cut, material and values set there. It is not, and does not describe, any physical stone.

3D gemstone report

the report the 3D Gemstone Simulator produces for a digital stone, on screen, as an image or as a PDF. It describes that digital stone only.

Lemon Squeezy

Link, LLC (formerly Lemon Squeezy LLC), 222 South Main Street, Suite 500, Salt Lake City, Utah 84101, United States, which runs our checkout and resells our files as merchant of record.

License

the Personal Use License described in Article 9 and supplied as LICENCE.txt in every download.

License key

the key issued with each order, shown on your order page and in your receipt, that identifies your license.

Digital content

data produced and supplied in digital form.

Durable medium

any means, including email, that lets information addressed to you personally be stored for future reference and reproduced unchanged.

Day

calendar day.

Article 2. Who we are

Article 3. When these terms apply

1. These terms apply to every file we offer on digitalgemology.com, to the license that comes with it, and to your use of the 3D Gemstone Simulator (Part C).
2. These terms are available before you order, and you can save or print them. Every download also contains LICENCE.txt, the license that applies to it.
3. If a product page states specific conditions in addition to these terms, and the two conflict, a consumer may always rely on whichever is more favorable to them.

Article 4. Consumers and business customers

1. Nothing in these terms takes away a consumer's mandatory statutory rights. Where a provision conflicts with mandatory consumer law, it does not apply to consumers to the extent of the conflict.
2. For business customers the consumer-specific provisions do not apply. In particular, business customers have no right of withdrawal under Article 10, and the business provisions of Article 15 apply.
3. The files on this site come with a personal-use license. Using them in or for a business needs a commercial license (Article 9, paragraph 6).

Part B. 3D files and cutting files

Article 5. What we offer

1. Each product page states what the download contains: which cut, which file formats, what else is included, and any measured figures. That description is part of the agreement.
2. Preview images are renders of the geometry in the files you are buying. They are computed images, not photographs of a cut stone, and are labeled as renders.
3. Where a cut is designed for a particular material, or a cutting file for a particular index gear, the product page says so.
4. If we make an obvious error in a price, such that no reasonable person could have taken it for a real offer, we may decline the order. We then refund you in full straight away and you owe us nothing. Otherwise we honor the price we published.
5. Free files. Some files, such as the free sample, cost no money but are delivered in exchange for your email address. They come with the same Personal Use License and the same rights if a file is faulty (Article 11). What we do with the email address, and how to have it removed, is in the privacy policy.

Article 6. How the sale works

1. Our files are sold through Lemon Squeezy, which acts as reseller and merchant of record. When you check out, you buy the files from Lemon Squeezy under its buyer terms. Lemon Squeezy takes your payment, charges any VAT or sales tax, and sends you the receipt and invoice.
2. We make the files and we license them. The license in Article 9 is granted by Compliance Condo B.V. and is between you and us.
3. Lemon Squeezy's buyer terms govern the payment, the tax and the receipt. These terms govern the files, the license and the promises we make in Articles 6 to 12. Where both cover the same point, you may rely on whichever is more favorable to you. Our promises add to Lemon Squeezy's terms; they do not replace them.
4. The agreement is concluded when you complete checkout and your payment is confirmed. Lemon Squeezy confirms the order by email straight away.

Article 7. Delivery

1. Files are delivered by download, normally immediately after payment. The download link and your license key appear on the confirmation page and in Lemon Squeezy's receipt email, and stay available on your Lemon Squeezy order page. If a download is not available within 24 hours, tell us and we will send the files another way.
2. We keep your purchases available for re-download for as long as we sell the product, and for at least 12 months after purchase in any case. If a link stops working, email us and we will send the files. Please keep your own copy.
3. If we correct an error in a file you bought, we make the corrected version available to you free of charge.

Article 8. Prices and payment

1. Prices are in euro. For consumers in the European Union, the price shown includes VAT. The final amount, including any tax for your country, is shown at checkout before you pay.
2. Lemon Squeezy works out and charges the VAT or sales tax that applies where you live, and pays it to the tax authorities. A business customer can enter a VAT or tax ID at checkout, and Lemon Squeezy then applies the tax rules for business sales.
3. Payment is made to Lemon Squeezy at checkout, by card, PayPal or another method it offers, and is processed by Lemon Squeezy and its payment processors. We never receive your card or PayPal details.
4. We accept no cash payments, in any amount.
5. We do not raise the price of an order after it has been placed.

Article 9. The file license

1. You buy a license, not the file. When your payment is confirmed, Compliance Condo B.V. grants you a personal, non-exclusive, non-transferable, worldwide and perpetual license to use the files you bought on the terms of this Article, unless the product page states a different license. The full wording is the Personal Use License, published on this site before you buy (also as plain text) and included in every download as LICENCE.txt. The two say the same; if they ever differ, the wording more favorable to you applies. All other rights are reserved.
2. Who may use it. The license belongs to the person who bought it, for their own private, non-commercial use. It does not extend to a business, an employer, a client or anyone else. Everyone who uses the files needs their own license.
3. You may:
   1. open, view, render and animate the files for your own personal projects;
   2. 3D print or cast the model, and cut stones from the cutting file, for yourself or as a gift, as long as no money or other payment changes hands;
   3. modify and convert the files for these personal uses;
   4. post images and renders you made with the files on your own non-commercial social media or hobby forums, with a credit to Digital Gemology.
4. You may not:
   1. use the files, or anything made with them, commercially: selling or offering for sale, commissioned or client work, advertising, or any use in or for a business;
   2. sell stones cut from a cutting file, or objects printed, cast or otherwise made from a model;
   3. share, sell, give away, lend, upload or sublicense the files, or any modified, converted or re-exported version of them, on their own or as part of anything else;
   4. include a file, or geometry derived from it, in another file product, pack, library, template, plug-in, game asset, NFT or marketplace listing;
   5. use the files to train, test or build any system that generates or reproduces geometry, including machine-learning models;
   6. remove the copyright notice or metadata that identifies the files as ours, or claim authorship of the cut designs.
5. If you seriously breach this Article, the license ends and you must delete the files.
6. Commercial use. Selling stones or jewelry, working for clients or using the files in a business needs a commercial license. Ask us at support@digitalgemology.com. We are open to it.

Article 10. Right of withdrawal and refunds (consumers)

1. As a consumer you may withdraw from your purchase within 14 days of the day you bought it, without giving a reason, even if you have already downloaded the files.
2. To withdraw, tell us within that period by email to support@digitalgemology.com or in any other clear way, with your order number or the email address you bought with. You may use the model withdrawal form below, but you do not have to.
3. We then have the order refunded in full through Lemon Squeezy, to the payment method you used, within 14 days of your message and at no cost to you.
4. When you withdraw, your license ends: delete the files and any copies or conversions, and stop using them.
5. Lemon Squeezy's buyer terms say that the right of withdrawal ends once a download has begun. We do not rely on that: the 14 days in this Article apply to every consumer purchase of our files.
6. Withdrawal is separate from your rights if a file is faulty. Those are in Article 11, and they last beyond the 14 days.

Article 11. If a file is faulty

1. We guarantee that each file matches its product description, opens correctly in current mainstream software for its format, and is complete. The guarantee applies wherever you live and lasts two years from the date of purchase, and for as long after that as we keep the product available for download. It is in addition to your statutory rights for digital content, which it does not limit. It covers our files as we deliver them, not figures, geometry or files that others have taken from our free data or pages and republished.
2. If a file is missing, corrupt, incomplete or does not match its description, tell us. We will first repair or replace it, free of charge and within a reasonable time.
3. If we cannot repair or replace it, or do not do so within a reasonable time, you are entitled to a proportionate price reduction or, where the fault is not minor, a full refund. We arrange the refund through Lemon Squeezy, to the payment method you used.
4. A file is not faulty because it does not open in software that does not support its format, or because it does not suit a special use that the product page did not claim and that is not normal for files of its kind.

Article 12. Using cutting files and models

1. A cutting file describes geometry exactly. How a real stone turns out also depends on things outside the file and outside our control: the rough, its orientation and inclusions, the material's actual refractive index, the machine, the index gear, the laps and the skill of the cutter. We recommend a trial cut in inexpensive material before you cut valuable rough.
2. Measured figures, such as light return, describe the modeled geometry under a stated protocol. They are not a grading report, certificate, appraisal or valuation of any stone, and must not be presented as one.
3. The "Light Return" view is our own rendering. It is not an ASET® analysis or any certified light-performance measurement.
4. 3D models describe the stone's shape. Settings, prongs, seats and tolerances for manufacturing remain your design decisions.

Part C. The 3D Gemstone Simulator

Article 13. Using the 3D Gemstone Simulator

1. The 3D Gemstone Simulator is free to use and needs no account.
2. It is a simulation. The simulator shows a digital stone in a 3D simulator, and its report is a 3D gemstone report of that digital stone, whether you view it on screen, save it as an image or download it as a PDF. A 3D gemstone report is not a grading report, certificate, appraisal or valuation, it is not issued by a gemological laboratory, and it makes no statement about any physical stone.
3. Carat, color, clarity, cut grade, polish, symmetry, fluorescence and origin are values you set. At the Excellent cut grade, the measurements, proportions, angles and facet counts are measured from our own 3D models and cutting files; at other settings the simulator may alter the model to illustrate the value you chose, and the figures then describe that altered model. The image of the stone and the Light Return figures are our own computed rendering, and Article 12, paragraphs 2 and 3, applies to them.
4. The simulator is provided as it is. We do not promise that it is always available or free of errors, and we may change, suspend or withdraw it at any time. The liability provisions of Article 15 apply to its use.
5. You may share links to the simulator, screenshots of it, and images and PDFs of your digital stone and its 3D gemstone report. You may not present any of them as a grading report, certificate, appraisal or valuation, or as describing a physical stone, for example when offering a stone for sale. Keep the label "A simulation, not a grading report" visible, and do not remove it or edit a 3D gemstone report to hide it.
6. The simulator's software and the geometry it shows remain ours. Using it gives you no license to our 3D models or cutting files. Apart from paragraph 5 and what our intellectual property notice allows, you may not extract, copy or reuse the geometry or the data files it loads. Article 14 applies.

Part D. General provisions

Article 14. Intellectual property

1. All intellectual property rights in the files, the 3D Gemstone Simulator, the site and its content belong to Compliance Condo B.V. or its licensors. You receive only the rights described in Articles 9 and 13, and those our intellectual property notice gives everyone. The measured figures, the data and the math we publish are open to everyone under CC BY 4.0; the 3D files and cutting files we sell are not.
2. Our position on trade marks, traditional cuts and the names of others is set out in our intellectual property notice.

Article 15. Liability

1. Nothing in these terms excludes or limits liability that cannot be excluded or limited under mandatory law, including liability for intent or deliberate recklessness, for death or personal injury, or under mandatory consumer protection.
2. For consumers: we do not limit our liability for the files you buy. Your statutory rights are unaffected.
3. For business customers: to the maximum extent the law permits, we are not liable for indirect or consequential loss, including loss of profit, turnover, data, goodwill or rough material, and our total liability arising from or in connection with an agreement is limited to the amount the business customer paid us in the 12 months before the event that caused the loss.
4. For the 3D Gemstone Simulator: it is free and, as Article 13 explains, makes no statement about any physical stone. Subject to paragraphs 1 and 2, we are not liable for loss arising from its use, or from decisions based on what it shows, including a 3D gemstone report, to the extent the law permits.

Article 16. Complaints

1. Send complaints, fully and clearly described, to support@digitalgemology.com within a reasonable time after you discover the problem.
2. We answer complaints within 14 days of receipt. If a complaint needs longer, we acknowledge it within 14 days and tell you when to expect a full answer.
3. A question about a charge, a receipt or an invoice can also go to Lemon Squeezy directly. If you write to us instead, we take it up with Lemon Squeezy for you.

Article 17. Disputes and applicable law

1. Dutch law applies to these terms and to the license. A consumer living in another country keeps the protection of the mandatory law of that country. Lemon Squeezy's buyer terms govern the payment, the tax and the receipt. Whatever law they name, you keep the protection of the mandatory law of your country of residence, and the promises Compliance Condo B.V. makes in these terms still apply to you.
2. Before going to court, both parties will make a genuine effort to resolve the dispute together.
3. Disputes go to the competent court of the district of The Hague, unless mandatory law designates another court. A consumer may always bring a dispute before the court of their own place of residence. Consumers who would rather not go to court may seek free assistance from the European Consumer Centre in their country of residence via eccnet.eu. The European Commission's Online Dispute Resolution platform has been discontinued.

Article 18. Additional agreements

Additional or deviating agreements may not be to a consumer's disadvantage, and must be recorded in writing or in another form the consumer can store on a durable medium.

Article 19. Changes to these terms

We may change these terms, for example when our products or the law change. The version that applies to a purchase is the one in force when you made it, the version that applies to your use of the 3D Gemstone Simulator is the one in force when you use it, and a change never takes away rights under a license you already hold. The version and date are stated at the top of this page.

Article 20. Contact