Why doesn’t Gem offer a Termination for Convenience?
Gem’s service is structured on a subscription-based model, with a minimum subscription term of 12 months. The service is sold as a subscription, because additional features and functionality are made available to customers throughout the applicable order term at no additional charge. Terminating for convenience undermines Gem’s business model and de-values the benefits of updates to the service during the subscription term.
Will Gem permit customers to audit Gem’s facilities?
In general, in lieu of onsite audits and for reasons of business efficiency and scale, Gem engages an independent third party auditor to examine and validate our data protection and security standards and produce SOC-2 audit reports to confirm our compliance. We’re happy to make those reports available upon request under NDA to our customers.
Why doesn’t Gem’s MSA include an Intellectual Property (“IP”) Warranty?
Rather than make an IP infringement warranty, like other SaaS providers, Gem indemnifies our customers from third party IP infringement claims. This approach better protects our customers from damages, prevents you from having to make a breach of warranty claim, and allows Gem to take control of any claims related to its IP.