This Acceptable Use Policy (“AUP”) governs your use of Gemm’s software platform and related services (collectively, the “Services”). Gemm provides technology and infrastructure tools that integrate with third-party financial institutions and service providers. Gemm is not a bank, money services business (MSB), or licensed money transmitter (MTL), and does not itself hold, move, or control funds on behalf of users.

This AUP ensures that Gemm’s platform is used in compliance with applicable laws and the requirements of our trusted third-party partners — including our payments and custody partner, Cybrid, as well as any additional partners, including banking-as-a-service providers, payment processors, and compliance vendors.

By using Gemm’s services, you agree to this AUP, to our Terms of Use, and to Cybrid’s User Terms. Your use of the Services must remain lawful and may not cause Gemm or our partners to breach any legal, regulatory, or contractual obligations.

We may modify this AUP at any time by posting an updated version on our platform. Continued use of the Services after such posting constitutes your acceptance of the updated terms.

1. General Requirements

   You agree to use Gemm’s Services only for lawful purposes and in accordance with this AUP and all applicable laws, regulations, and partner terms. You are solely responsible for your conduct and compliance with all laws in jurisdictions in which you operate or transact.

   Gemm may monitor usage of the Services, including transaction patterns and account activity, to identify and prevent use that violates this AUP or the requirements of our partners.

2. Prohibited Uses

   You may not use the Services:

   • To violate any applicable law, rule, or regulation;
   • In a manner that would cause Gemm or any of its partners to be non-compliant with laws or regulatory obligations;
   • To misrepresent your identity, your business, or the nature of your activity;
   • To process transactions on behalf of third parties unless expressly permitted;
   • To distribute malware or engage in abusive or fraudulent activity;
   • To interact with sanctioned individuals, entities, or jurisdictions as restricted by applicable U.S. or international sanctions laws (e.g., OFAC, FATF blacklists).
3. Restricted Activities and Business Types

   You may not use the Services in connection with activities that are:

   • Illegal in the jurisdictions where you or your customers operate;
   • Prohibited by law or regulation (e.g., unlicensed financial services, money laundering, terrorism financing, fraud);
   • Restricted by our financial partners, such as:
     • Use of Gemm's platform for unlicensed money transmission or escrow services;
     • Transactions with or on behalf of sanctioned jurisdictions or individuals;
     • Unlicensed sale of pharmaceutical, chemical, or controlled substances;
     • Operating as an unlicensed exchange, remittance service, or investment firm;
     • Unlicensed sale of securities or high-risk investment products;
     • Use of shell companies to obscure ownership without proper disclosures.
     • Sex-Related Services: Engaging in sex-related content or services that are illegal in the relevant jurisdictions or prohibited by financial partners.

   Other Restricted Activities: Any other activities restricted by Gemm’s financial, banking, or compliance partners.

   Gemm reserves the right to deny or suspend service where required by law or the compliance policies of our partners, or where continued use would pose unacceptable regulatory risk.

4. Compliance with Sanctions and Partner Obligations

   You agree not to use the Services in connection with any individuals, entities, or countries subject to economic sanctions, embargoes, or restrictions under U.S. or international law. This includes—but is not limited to—OFAC-sanctioned individuals and countries on the FATF blacklist.

   A current list of such jurisdictions includes but is not limited to: North Korea, Iran, Syria, Cuba, Crimea, Russia (select entities), Belarus, and others as applicable.

   We reserve the right to expand or update this list based on the requirements of our partners or legal obligations.

5. Suspension and Termination

   Gemm reserves the right to suspend or terminate access to the Services in the event of:

   • Evidence or suspicion of illegal activity;
   • Violation of applicable law or this AUP;
   • Requirement by a financial partner or regulatory authority;
   • Use of the platform that exposes Gemm or its partners to legal or reputational risk.

   We may, at our discretion, provide notice and an opportunity to remedy issues where appropriate.

   If you have questions about whether your business or activity is supported, or whether certain transactions comply with this AUP, please contact us at info@gemm.app.