Terms of Service

1. Eligibility

You must be at least 18 years old, or the higher age of legal majority where you live, and legally capable of entering a binding agreement. You may use the Services only where permitted by law. We may restrict access based on location, sanctions, fraud risk, payment risk, or legal requirements.

By using the Services you represent and warrant that you are not, and are not acting on behalf of anyone who is:

• Located in, ordinarily resident in, or a citizen of Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine, or any other territory subject to comprehensive economic sanctions.
• Listed on, or owned or controlled by a party listed on, the US Treasury Office of Foreign Assets Control (OFAC) list of Specially Designated Nationals and Blocked Persons or any other applicable sanctions or restricted-party list.
• Otherwise the target of economic sanctions, export restrictions, anti-money-laundering law, or trade sanctions, whether or not you appear on such a list.

These representations are repeated each time you use the Services. If any of them stops being true, you must stop using the Services immediately and notify us. We apply these criteria as described in our AML Policy, and using the Services in breach of this section is grounds for immediate termination.

2. Accounts

• Provide accurate, current information and keep it updated.
• Maintain the confidentiality of your login credentials and promptly report suspected unauthorized access.
• Use only your own account and payment methods you are authorized to use.
• Verify a US or Canadian phone number you control. A verified number may be associated with only one account, and number changes require Support assistance.
• You are responsible for activity conducted through your account unless prohibited by law.

We may require identity, payment, ownership, or eligibility verification before permitting transactions, shipping a watch, issuing a refund, or restoring account access, including the checks described in our AML Policy.

3. How watch boxes work

Each box displays its opening price, eligible watch pool, estimated market values, and weighted drop odds. When you open a box, the Services select one watch from that box's published pool using the displayed weights and reveal the result digitally. The selected watch is recorded in your collection at its acquired value.

Inventory is source-on-demand. A watch reference may be won more than once by the same or different users, and a prior win does not remove that reference from future openings. You purchase the opening experience and receive rights only to the result recorded for your completed opening, subject to these Terms.

4. Credits and payments

Card payments are processed by our payment service provider, a regulated third-party payment company. Nexus Sky Corp is the merchant of record for every transaction. We do not receive or store your full card number. One platform credit costs $1 USD unless a different conversion is clearly displayed before purchase. You authorize us and our payment provider to charge the selected amount and to use transaction information to complete the purchase.

Platform credits are a limited license to use the Services. They are not a bank account or a stored-value instrument, do not earn interest, and are not transferable between accounts.

Credits you buy cannot be withdrawn. Purchased credits may only be spent on the Services or refunded to the card that paid for them, under our Refund Policy. Only credits you receive from selling a watch back may be withdrawn as money, as set out in section 7.

Prices are shown in US dollars and the amount charged is displayed before you confirm. You are responsible for applicable taxes, duties, shipping, and other charges disclosed before completing the relevant transaction.

5. Refunds and cancellations

Our full Refund Policy forms part of these Terms. In summary:

• Unused credits: you may request a refund of an unused credit purchase within 14 days of the charge. Refunds are returned to the original payment method.
• Completed openings: once a box has been opened and the result revealed, the opening is a final sale and cannot be refunded, because the digital item has been delivered in full.
• Shipments: a shipping request may be cancelled at no cost any time before dispatch. After dispatch, damaged, materially different, or undelivered items are covered by the remedies in the Refund Policy.
• Unauthorized charges and errors: refunded in full once verified, regardless of the timeframes above.

Nothing in this section limits statutory rights that cannot legally be waived. To request a refund, contact support@gembreak.com or use the Support page. We aim to respond within five business days.

6. Estimated market values

Displayed values are good-faith estimates based on third-party market information and catalog research. They are provided for reference, may change, and are not appraisals, guarantees of authenticity, promises of resale value, or investment advice. Records marked provisional may rely partly on model-and-price or asking-price data and should be treated with additional caution.

You are responsible for deciding whether a displayed value, opening price, or sell-back offer is acceptable to you.

7. Collection, sell-back, and fulfillment

After an opening you may keep the watch in your collection, sell it back, or request shipment. Verification steps, shipping regions, fees, taxes, and delivery estimates for a shipment are shown separately in the Services.

Sell-back is always available on any watch held in your collection that has not been shipped and has not already been sold back. You do not need to wait for us to make an offer, and there is no deadline by which you must decide.

The sell-back amount is 90% of the acquired value recorded for that watch when you won it. That recorded value is shown in your collection, and the exact amount you will receive is displayed before you confirm.

We may change this rate or withdraw sell-back. The amount you will receive is always displayed before you confirm, and that displayed amount is what you get. A change never reverses a sell-back you have already accepted, and never alters the value recorded for a watch when you won it.

Accepting a sell-back is final and cannot be reversed. It credits the stated amount to your platform balance as credits rather than cash, and changes the item's status so that it can no longer be shipped. A shipped item cannot also be sold back.

Sell-back proceeds are credited to your platform balance, and that portion of your balance may be withdrawn as money. Your withdrawable balance is tracked separately from your total balance and is shown in your account.

Only sell-back proceeds can be withdrawn. Credits you purchased are never withdrawable; they may only be spent or refunded to the card that paid. Spending credits reduces your withdrawable balance if it would otherwise exceed the credits you still hold.

Withdrawals are paid only to an account held in your own name that we have verified. We do not pay a third party or an account in another name. Before your first withdrawal, and again if you change your payout details, you must complete the identity verification described in our AML Policy. Requesting a withdrawal holds the amount immediately, you may have only one request open at a time, and each request is reviewed before it is paid. We may withhold or refuse a withdrawal where verification is incomplete or where the checks in that policy require it.

8. Watch images, condition, and sourcing

Standardized studio renders are illustrative and are used to present the catalog consistently. Source photographs and specifications help identify the applicable brand, model, reference, colorway, strap or bracelet, and major features. A sourced physical watch may vary in serial number, production year, condition, packaging, accessories, patina, and minor visual details.

We may substitute a materially equivalent example of the same reference where reasonably necessary. Any different-reference substitution requires your agreement or another remedy required by law.

9. Prohibited conduct

• Using the Services for unlawful, fraudulent, deceptive, abusive, or money-laundering activity.
• Using bots, scripts, automation, exploits, multiple accounts, or technical interference to manipulate openings, payments, promotions, balances, or rankings.
• Attempting unauthorized access, disrupting the Services, introducing malicious code, scraping at unreasonable volume, or bypassing geographic or account restrictions.
• Impersonating another person, using unauthorized payment information, or infringing intellectual-property or privacy rights.
• Reselling access to the Services or using gembreak branding without permission.
• Buying credits with the purpose of converting them to a payout rather than using the Services, or otherwise using the Services to move or disguise the source of funds.

10. Service and account changes

We may add, modify, suspend, or discontinue boxes, watch pools, features, promotions, or parts of the Services. Changes to a box apply before a purchase and will not alter the recorded result or acquired value of an already completed opening. We may limit, suspend, or terminate accounts to protect users, investigate suspected violations, comply with law, or address security and payment risk.

11. Third-party services

The Services rely on third parties including our payment service provider for card processing and Supabase for authentication and data storage, and may link to third-party sites or market data. Your use of third-party services may be governed by their own terms and policies. We are not responsible for third-party availability, content, pricing data, or conduct except to the extent required by law.

12. Intellectual property

The Services, software, design, text, graphics, and gembreak branding are owned by or licensed to us and are protected by applicable intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Services for their intended personal purpose while you comply with these Terms. Watch names and trademarks belong to their respective owners; their appearance does not imply sponsorship or endorsement.

13. Disclaimers

To the fullest extent permitted by law, the Services are provided "as is" and "as available." We do not guarantee uninterrupted operation, error-free data, continuous availability of any box or watch, or that displayed market values will remain current. Nothing in the Services is investment, tax, legal, or financial advice.

14. Limitation of liability

To the fullest extent permitted by law, Nexus Sky Corp and its service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, data, opportunity, or goodwill arising from the Services. Our aggregate liability for a claim will not exceed the amount you paid to Nexus Sky Corp during the six months before the event giving rise to that claim. Some jurisdictions do not permit certain exclusions, so these limits may not apply to you.

15. Disputes and chargebacks

Before filing a formal claim or disputing a charge with your card issuer, please contact us at support@gembreak.com or through the Support page with a description of the issue and the relevant account or transaction information so the parties can attempt an informal resolution. Most billing questions are resolved faster this way than through a chargeback.

We may suspend an account while a chargeback is being investigated and may recover amounts owed following a chargeback found to be invalid. Nothing in these Terms limits rights that cannot legally be waived, including your right to dispute a charge with your card issuer.

16. Changes to these Terms

We may update these Terms by posting a revised version and changing the date above. Material changes apply prospectively. Your continued use of the Services after updated Terms take effect constitutes acceptance of the revised Terms.

17. Governing law and miscellaneous

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, except where the mandatory consumer-protection law of your place of residence applies.

If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not transfer your rights under these Terms without our consent; we may transfer these Terms in connection with a reorganization, financing, merger, acquisition, or sale of assets. Provisions that by their nature should survive termination will survive.

18. Contact

Questions about these Terms, an opening, payment, refund, collection item, sell-back, or fulfillment request can be sent to support@gembreak.com or submitted through the gembreak Support page.

Nexus Sky Corp, operating as gembreak
3422 Old Capitol Trail, Suite 4087, Wilmington, DE 19808, United States