Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING TOYGEM.

These Terms of Use ("Terms") constitute a legally binding agreement between you and Ahmed Sohail Malik, an independent app developer ("ToyGem", "we", "us", or "our"), governing your access to and use of the ToyGem mobile application for iOS (the "App").

By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not download or use the App.

1. Acceptance and Eligibility

• Agreement: By using ToyGem, you affirm that you have read, understood, and agree to these Terms and our Privacy Policy.
• Age Requirement: You must be at least 13 years of age (or at least 16 years of age if you reside in the European Economic Area or United Kingdom) to use the App.
• Authority: If you are using the App on behalf of an entity or organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

ToyGem is a toy recognition and collection mobile application designed to assist collectors. The App provides features including:

• Toy Recognition: Image processing to identify toys and collectibles (for example, name, brand, line or series, and year where available).
• Condition Estimates: A price range for each of four conditions (sealed in box, box damaged, loose and complete, and loose with parts missing), shown together with a price-confidence letter and a rarity tier.
• Value Estimates: Standard value estimates are generated by AI. Live market checks search the web for recent sold and listed prices and show their sources; they're included with ToyGem Pro (a weekly allowance) and on a free user's first scans. The App also shows curated and most-scanned toy lists.
• Collection Management: Tools to save, organize, and export your toys and see your collection's total value, stored on your device and backed up to our cloud service (see Section 3).

We reserve the right to modify, update, suspend, or discontinue any feature of the App at any time without prior notice.

3. Account-Free Service & Data Storage

• No Account Required: ToyGem does not require you to create an account, register a username, or provide an email address to use basic features.
• Device and Cloud Storage: Your saved toys, collections, and any purchase prices you set are stored on your device and synchronized to our cloud service, and scanned toy images are backed up to our cloud storage, all under an anonymous identifier tied to your device. This allows your collection to be restored if you reinstall the App on the same device. A new device receives a new anonymous identifier, so a collection cannot be moved from one device to another. See our Privacy Policy for what is stored, where, and for how long.
• Data Loss Responsibility: Cloud backup is provided as a convenience. We make reasonable efforts to keep it available but do not guarantee that your data will be preserved, restored, complete, or free from loss or corruption, and we may be unable to restore a collection following device loss, damage, replacement, or uninstallation. You remain responsible for keeping your own records of anything important to you. We are not liable for any lost or unrecoverable data.
• Deleting Your Data: Settings → Delete My Data permanently removes your saved toys, collections and photos from your device and our servers. We keep a record of your purchases for billing and refunds, short-lived usage counts (deleted after 30 days) to prevent abuse, and the anonymous app identifier. None of these contains your photos or collection.

4. Camera and Photo Access

ToyGem requires access to your device camera or photo library to capture and scan toys.

• You grant us permission to access these features solely for the purpose of identifying toys and generating value and condition estimates.
• You can revoke permissions at any time in your iOS Settings, though toy scanning features will cease to function without camera access.

5. Subscriptions and Payments

ToyGem offers a free tier as well as an optional paid subscription, ToyGem Pro, available as Weekly and Yearly auto-renewing subscriptions ("In-App Purchases"). The current price of each plan is shown in the App before you buy.

Free tier: the App includes one free scan every day (an unused scan doesn't carry over), shows ads, and may offer an extra scan in exchange for watching an ad, up to a daily limit. ToyGem Pro removes the daily scan limit and the ads and includes a weekly allowance of live market checks. To keep the service fair and affordable, unusually heavy use (such as many scans in a short time) may be temporarily limited for any user.

• Apple Processing: All purchases, subscriptions, payments, and renewals are handled exclusively by Apple through the App Store. We do not process or store your payment card details.
• Payment: Payment is charged to your Apple Account at confirmation of purchase.
• Automatic Renewal: Subscriptions automatically renew for the same period (one week or one year) unless auto-renew is turned off at least 24 hours before the end of the current period. Your Apple Account will be charged for renewal within 24 hours before the end of the current period. You can manage or cancel your subscription in your Apple Account Settings.
• Refunds: All refund requests must be directed to Apple via App Store support, as Apple handles all financial transactions.
• Price Changes: We reserve the right to change subscription pricing at any time. Any price changes will take effect following notice in accordance with Apple's guidelines.

5A. Advertising

The free version of the App shows ads provided by Google AdMob and its partner ad networks. Ads are not shown to ToyGem Pro subscribers. We are not responsible for the content of third-party ads or for products or services they advertise. See the Privacy Policy for how ad partners use data and how to manage your choices.

6. Disclaimers: Value and Condition Estimates

• Estimates Only: Standard value estimates are generated by AI. Live market checks search the web for recent sold and listed prices and show their sources, which may be incomplete or out of date. All values are provided for informational and educational purposes only and do not constitute formal appraisals or financial advice.
• Condition Estimate Disclaimer: Condition estimates, price-confidence letters, and rarity tiers are predictions generated by AI from your photos. They are NOT official grades. ToyGem does not grade toys in the way grading companies such as AFA, CAS, or CGA do, and nothing in the App predicts the result of a submission to any grading company.
• No Affiliation: ToyGem is an independent utility. ToyGem is not affiliated with, endorsed by, sponsored by, or associated with Mattel (including Hot Wheels), The LEGO Group, Hasbro, Funko, Mego, Disney, Lucasfilm, Marvel, AFA, CAS, CGA, or any other toy manufacturer, brand owner, grading service, or marketplace. All trademarks and product images shown in the App belong to their respective owners.

7. User Conduct and Content

When using ToyGem, you agree that you will not:

• Upload or scan images containing personal identification documents, faces, explicit material, or unlawful content.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code or algorithms of the App.
• Use automated scripts, bots, scrapers, or tools to access or extract data from the App or our servers.
• Interfere with or disrupt the operation, security, or servers supporting the App.
• Use the App for any illegal purpose or in violation of local, state, national, or international laws.

8. Intellectual Property

• Ownership: All software, design, text, algorithms, graphics, interfaces, and branding associated with ToyGem are owned by Ahmed Sohail Malik or licensed to us, and are protected by copyright, trademark, and intellectual property laws.
• Limited License: We grant you a personal, non-exclusive, non-transferable, revocable license to download and use the App on Apple-branded devices that you own or control, strictly in accordance with these Terms and the Usage Rules set out in Apple's App Store Terms of Service.

9. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TOY IDENTIFICATIONS, VALUE ESTIMATES, CONDITION ESTIMATES, OR RARITY TIERS WILL BE ACCURATE OR RELIABLE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AHMED SOHAIL MALIK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APP;
• ANY INACCURACY IN TOY IDENTIFICATION, VALUE ESTIMATES, CONDITION ESTIMATES, OR RARITY TIERS;
• ANY FINANCIAL DECISIONS, PURCHASES, OR SALES YOU MAKE BASED ON INFORMATION PROVIDED BY THE APP;
• ANY UNAUTHORIZED ACCESS TO OR LOSS OF LOCALLY STORED DATA ON YOUR DEVICE.

11. Indemnification

You agree to indemnify, defend, and hold harmless Ahmed Sohail Malik from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your violation of these Terms or your misuse of the App.

12. Apple App Store Additional Terms

The following terms apply because you downloaded the App from Apple's App Store. If they conflict with anything else in these Terms, these App Store terms prevail.

• Acknowledgement: These Terms are between you and Ahmed Sohail Malik only, not Apple Inc. ("Apple"). Ahmed Sohail Malik, not Apple, is solely responsible for the App and its content.
• Scope of License: The license granted in Section 8 is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and Support: Ahmed Sohail Malik is solely responsible for providing any maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
• Warranty: Ahmed Sohail Malik is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Ahmed Sohail Malik.
• Product Claims: Ahmed Sohail Malik, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• Intellectual Property Rights: If any third party claims that the App or your possession and use of the App infringes that third party's intellectual property rights, Ahmed Sohail Malik, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws when using the App.
• Third-Party Terms: You must comply with any applicable third-party terms of agreement when using the App, such as your wireless data service agreement.
• Developer Contact: Questions, complaints, or claims about the App should be directed to the developer using the contact details in Section 15.
• Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

13. Modifications to Terms

We reserve the right to update or modify these Terms at any time. When updates are made, we will revise the "Last updated" date at the top of this document. Continued use of the App after any such changes constitutes your acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Pakistan, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms or the App shall be subject to the exclusive jurisdiction of the courts of Islamabad, Pakistan.

Nothing in this section deprives you of the protection of any mandatory consumer protection laws of the country where you live, or of your right to bring a claim in the courts of that country where those laws allow it.

15. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms, please contact:

• Developer: Ahmed Sohail Malik
• Email: maximusislamabadg84@gmail.com