Terms of Service
Effective Date: April 16, 2026
Welcome to Jem Designs. By accessing or using our website at www.jemdesignsoh.com (the “Site”), including our AI Kitchen Visualizer, design tools, and any other services we offer (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). Please read them carefully.
If you do not agree with these Terms, please do not use our Site or Services.
1. Acceptance of Terms
By using this Site, you represent that you are at least 18 years of age, have the legal capacity to enter into these Terms, and agree to comply with all applicable laws and regulations. If you are accessing the Site on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
2. Description of Services
Jem Designs provides kitchen and home design services, including cabinetry selection, countertop selection, hardware sourcing, space planning, and design consultation. Our Site also offers digital tools including an AI Kitchen Visualizer, a Style Quiz, and access to design resources and guides. Our showrooms are located in Dayton and Cincinnati, Ohio.
3. Use of the Site
You agree to use this Site only for lawful purposes and in a manner that does not infringe the rights of others. You agree not to:
- Use the Site to transmit any harmful, unlawful, obscene, or offensive content
- Attempt to gain unauthorized access to any part of the Site or its related systems
- Use automated tools (bots, scrapers, crawlers) to access, collect, or copy content from the Site without our prior written permission
- Impersonate another person or entity
- Interfere with or disrupt the operation of the Site or its servers
- Upload or transmit viruses or other malicious code
4. Design Consultations and Services
When you schedule a design consultation with Jem Designs, you agree to the following:
- Consultation appointments are subject to availability and may need to be rescheduled with reasonable advance notice.
- Design proposals, renderings, and plans created by Jem Designs remain the intellectual property of Jem Designs until full payment for the applicable services has been received.
- Final designs and installations are subject to the specific terms outlined in any separate service agreement or contract you sign with Jem Designs.
- Jem Designs acts as a design and product sourcing partner. Final installation, construction, and general contracting work is typically performed by independent contractors. Jem Designs does not warrant the work of third-party contractors.
5. Products and Orders
All product orders, including cabinetry, countertops, and hardware, are subject to the terms of a separate written purchase agreement or order confirmation. In general:
- Orders are not final until confirmed in writing and a deposit has been received.
- Lead times and delivery schedules are estimates and may be subject to change due to manufacturer availability, shipping delays, or other factors outside our control.
- Custom-ordered products are non-refundable once production has begun.
- Jem Designs is not responsible for manufacturer defects beyond the terms of the applicable manufacturer’s warranty.
6. Payments and Invoices
Payment terms are specified in your service agreement or invoice. By submitting payment through our Pay Invoice portal or any other payment method, you agree that:
- You authorize Jem Designs to process the specified payment amount.
- Deposits and payments for custom-ordered products are non-refundable except as expressly stated in your written agreement.
- Late payments may be subject to interest or fees as specified in your agreement.
- All prices are in U.S. Dollars and do not include applicable taxes unless stated otherwise.
7. AI Kitchen Visualizer and Digital Tools
Our AI Kitchen Visualizer and other digital design tools are provided for informational and inspiration purposes only. Please note:
- Visualizations and renderings produced by our AI tools are artistic representations only and may not accurately reflect the actual dimensions, materials, colors, or finishes of finished products.
- Results from the AI Kitchen Visualizer do not constitute a design proposal, quote, or binding contract.
- Jem Designs makes no warranty regarding the accuracy or completeness of AI-generated designs.
- You retain rights to images you upload. By uploading images, you grant Jem Designs a limited, non-exclusive license to process those images solely for the purpose of generating design visualizations.
8. Supplier Portal
Access to the Jem Designs Supplier Portal is restricted to authorized suppliers. By accessing the Supplier Portal, you agree to:
- Maintain the confidentiality of your login credentials and not share them with unauthorized individuals.
- Use the portal only for authorized business purposes related to your supplier relationship with Jem Designs.
- Notify Jem Designs immediately if you suspect unauthorized access to or misuse of your account.
Jem Designs reserves the right to suspend or terminate Supplier Portal access at any time, for any reason, with or without notice.
9. Intellectual Property
All content on this Site — including text, graphics, photographs, logos, design layouts, software, and other materials — is the property of Jem Designs or its content licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from this Site without our prior written consent. You may share links to our Site and use our content for personal, non-commercial reference only.
10. User-Submitted Content
If you submit images, feedback, reviews, or other content to Jem Designs (including via contact forms, email, or social media), you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, display, and share that content in connection with our business and marketing activities, unless you explicitly request otherwise in writing.
You represent and warrant that you own or have the necessary rights to submit any content you provide, and that such content does not violate the rights of any third party.
11. Disclaimer of Warranties
This Site and all content and Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Jem Designs does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Jem Designs and its officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, revenue, data, or goodwill — arising out of or in connection with your use of or inability to use the Site or Services, even if Jem Designs has been advised of the possibility of such damages.
Our total aggregate liability to you for any claim arising out of or relating to these Terms or our Services shall not exceed the greater of (a) $100 or (b) the total amount you paid to Jem Designs in the six (6) months immediately preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Jem Designs and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Site or Services; (b) your violation of these Terms; or (c) your violation of any rights of another person or entity.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or our Services shall be resolved exclusively in the state or federal courts located in Montgomery County or Hamilton County, Ohio. You consent to the personal jurisdiction and venue of such courts.
15. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting to the Site, and the “Effective Date” at the top will be updated accordingly. Your continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms.
16. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy and any separate written service agreements between you and Jem Designs, constitute the entire agreement between you and Jem Designs with respect to your use of the Site and Services, and supersede all prior or contemporaneous agreements, understandings, and communications on that subject matter.
18. Contact Us
If you have questions about these Terms of Service, please contact us:
Jem Designs
Email: info@jemdesignsoh.com
Phone (Dayton): (937) 320-9022
Phone (Cincinnati): (513) 273-1322
Dayton Showroom: 101 E Alex Bell Rd Suite 127, Centerville, OH 45459
Cincinnati Showroom: 11928 Montgomery Rd, Cincinnati, OH 45249