Terms of Service

1. Agreement to Terms

Welcome to Gearful! These Terms of Service ("Terms") govern your access to and use of the Gearful mobile application, website, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Services. We may update these Terms from time to time. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. Eligibility

You must be at least 13 years old to use Gearful. By using our Services, you represent and warrant that:

• You are at least 13 years of age
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable local, state, national, and international laws
• You have not been previously suspended or removed from the Services

If you are under 18 years old, you must have permission from your parent or legal guardian to use the Services.

3. Account Registration

To access certain features of the Services, you must create an account. When you create an account:

• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account password
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use of your account
• You may not use another user's account without permission
• You may not create an account if you have been previously banned from the Services

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. User Content

4.1 Your Content

Gearful allows you to post, upload, and share content including photos, videos, text, and other materials ("User Content"). You retain all rights to your User Content. By posting User Content on Gearful, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in connection with providing and improving the Services.

4.2 Content Standards

You agree that your User Content will not:

• Violate any applicable law or regulation
• Infringe on intellectual property rights of others
• Contain hateful, threatening, or discriminatory content
• Promote violence, illegal activities, or self-harm
• Contain sexually explicit or pornographic material
• Harass, bully, or intimidate other users
• Contain spam, advertising, or commercial solicitation (except in designated marketplace areas)
• Impersonate any person or entity
• Contain false or misleading information

4.3 Content Moderation

We reserve the right to review, monitor, and remove User Content that violates these Terms or is otherwise objectionable. However, we are not obligated to monitor all User Content and cannot guarantee that all inappropriate content will be identified and removed.

5. Prohibited Conduct

You agree not to:

• Use the Services for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to the Services or other users' accounts
• Interfere with or disrupt the Services or servers
• Use bots, scrapers, or automated tools to access the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Collect or harvest personal information of other users
• Create multiple accounts to evade bans or restrictions
• Engage in any fraudulent activities or scams
• Manipulate or abuse the reporting system
• Sell or transfer your account to another person

6. Marketplace

Gearful provides a marketplace where users can buy and sell vehicles, parts, and services. When using the marketplace:

• You are responsible for the accuracy of your listings
• All transactions are between buyers and sellers; Gearful is not a party to these transactions
• We do not guarantee the quality, safety, or legality of items listed
• You must comply with all applicable laws regarding the sale and purchase of items
• You are responsible for paying all applicable taxes
• We reserve the right to remove listings that violate these Terms

Disclaimer: Gearful is a platform that connects buyers and sellers. We are not responsible for disputes between users, the quality of items sold, or the completion of transactions.

7. In-App Purchases & Subscriptions

7.1 Premium Features

Gearful offers optional paid subscriptions and in-app purchases for premium features. All purchases are processed through the Apple App Store or Google Play Store and are subject to their respective terms and conditions.

7.2 Subscription Terms

• Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage your subscription and turn off auto-renewal in your App Store or Google Play account settings
• No refunds will be provided for unused portions of a subscription period

7.3 Refunds

All sales are final. Refund requests must be made through the Apple App Store or Google Play Store in accordance with their refund policies. Gearful does not process refunds directly.

8. Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Gearful, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Gearful name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gearful or its affiliates or licensors. You must not use such marks without our prior written permission.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GEARFUL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• The results obtained from the use of the Services will be accurate or reliable
• Any errors in the Services will be corrected
• User Content or third-party content is accurate, complete, or reliable

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GEARFUL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL GEARFUL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GEARFUL IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Gearful and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

• Your access to or use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another person or entity

13. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

You may delete your account at any time through the Settings menu in the app. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

14.2 Arbitration

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as otherwise provided herein.

14.3 Class Action Waiver

You agree to resolve disputes with Gearful on an individual basis and not as part of any class, consolidated, or representative action.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email (if you have provided one) or by posting a notice in the app prior to the changes becoming effective. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

16. Contact Information

If you have any questions about these Terms, please contact us at:

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and Gearful concerning the Services.

17.2 Severability

If any provision of these Terms is deemed invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Gearful's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you.