Welcome to Gearz! These Terms of Service ("Terms") are a legally binding agreement between you and Gearz. Please read them carefully — they govern your access to and use of the Service and contain important provisions regarding your legal rights, including a binding arbitration clause and class action waiver in Section 14.
These Terms govern your access to and use of the Gearz application, website, and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.
If you are using the Service on behalf of an organization, you agree to these Terms on that organization's behalf and represent that you have the authority to do so.
Throughout these Terms, the following capitalized terms have the meanings set out below:
You must be at least 16 years of age to create an Account or use the Service. If you are between 16 and the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.
By using the Service, you represent that you have the legal capacity to enter into a binding agreement, that you are not barred from receiving services under applicable law, and that your Account has not been previously suspended or removed by us.
Certain features of the Service require an Account. When you register, you agree to provide accurate, complete, and current information and to keep it updated. You may not create an Account using false or misleading information, or on behalf of another person without their authorization.
You are responsible for safeguarding your password and any credentials associated with your Account. You agree to notify us immediately at legal@gearz.io if you suspect unauthorized access or use of your Account.
You are solely responsible for all activity that occurs under your Account, whether or not you authorized that activity. We are not liable for losses arising from unauthorized use of your Account.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not, directly or indirectly:
We reserve the right to investigate and take appropriate action — including restricting, suspending, or terminating your Account — if we reasonably believe you have violated this policy.
Gearz offers the following Subscription tiers (prices are in U.S. dollars and subject to change with notice):
Paid Subscriptions are billed in advance on a recurring monthly or annual basis. By purchasing a Subscription, you authorize us (and our payment processor, Stripe) to charge the payment method on file for all applicable fees, including taxes.
Your Subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time from your Account settings. Cancellation takes effect at the end of the current billing period; you will retain access to paid features until that date.
We may adjust Subscription prices from time to time. If we increase prices, we will provide at least 30 days' notice before the change takes effect. Continued use of the Service after a price change constitutes acceptance of the new price.
Subscription fees are generally non-refundable except where required by applicable law. If you believe you are entitled to a refund, please contact us at legal@gearz.io.
If we terminate your Account for a material breach of these Terms, you will not be entitled to a refund of any prepaid fees.
You are responsible for all applicable taxes, duties, or similar governmental assessments associated with your Subscription, except for taxes on Gearz's net income.
Gearz enables Organizers to sell tickets to Events through the Service. Ticket payments are processed by Stripe, including through Stripe Connect, on behalf of the Organizer. Gearz is not the seller of tickets — the Organizer is the seller and is solely responsible for the Event.
For each paid ticket sold through the Service, Gearz charges a platform fee of 5% of the ticket price plus $0.50 per ticket. Additional payment processing fees charged by Stripe may apply. The Organizer may choose to absorb these fees or pass them on to the ticket purchaser, as indicated on the Event page.
Organizers who sell tickets through the Service represent that:
Refund requests for ticket purchases should be directed to the Organizer of the Event. Gearz does not control and is not responsible for the Organizer's refund policy.
If an Event is cancelled, the Organizer is responsible for issuing refunds to ticket purchasers. Gearz may, at its discretion, facilitate refunds through Stripe Connect where it determines that doing so is appropriate.
Gearz's platform fee is non-refundable once the transaction has been processed, except where required by applicable law or in cases of Event cancellation initiated by the Organizer.
You are solely responsible for Content you post, upload, or make available through the Service, including its accuracy, legality, and appropriateness. Content that violates these Terms may be removed without notice.
By posting Content to the Service, you grant Gearz a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works of that Content in connection with operating, improving, and promoting the Service.
You retain all ownership rights in your Content. This license continues even after you delete your Account, solely to the extent necessary to operate the Service (for example, cached or archived copies in routine backups).
You represent and warrant that:
We reserve the right (but have no obligation) to monitor, review, and remove Content at our sole discretion, including Content that we believe violates these Terms or is otherwise objectionable.
We respect the intellectual property rights of others. If you believe that Content on the Service infringes your copyright, you may submit a takedown notice pursuant to the Digital Millennium Copyright Act ("DMCA") by sending the following information to legal@gearz.io:
We may disable access to or remove infringing Content and may terminate the Accounts of repeat infringers.
Club and Event Organizers are solely responsible for the operation, conduct, and safety of their Clubs and Events. Organizers must comply with all applicable laws and regulations, including obtaining necessary permits and insurance.
Participation in Clubs and Events — including car meets, cruises, shows, and track days — may carry inherent risks such as illness, bodily injury, property damage, disability, or death. By participating, you acknowledge and voluntarily assume these risks.
Gearz provides the technology platform to organize and discover Clubs and Events. We are not the organizer, host, or sponsor of any Event unless expressly stated otherwise. To the fullest extent permitted by applicable law, Gearz disclaims all liability arising from:
The Service — including its design, text, graphics, logos, interfaces, code, and software — is owned by or licensed to Gearz and is protected by copyright, trademark, trade dress, patent, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except the limited license to use it in accordance with these Terms.
"Gearz," the Gearz logo, "Gearhead Score," and other Gearz marks are trademarks of Gearz. You may not use our trademarks without our prior written consent.
If you provide suggestions, ideas, or other feedback about the Service ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable license to use, reproduce, modify, and incorporate that Feedback into the Service without obligation or compensation to you.
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your personal data. By using the Service, you consent to the practices described in the Privacy Policy.
Club Organizers may receive certain profile and vehicle data from members who join their Club or RSVP to their Events. Organizers must handle such data in compliance with applicable data protection laws.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Without limiting the foregoing, we make no warranty that:
You may have additional statutory rights under the laws of your jurisdiction that cannot be waived. Nothing in these Terms is intended to limit those rights.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEARZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH:
Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total fees you paid to Gearz during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).
The limitations in this Section 12 will not limit or exclude liability for Gearz's gross negligence, fraud, or intentional misconduct, nor will they limit any rights you may have under mandatory consumer protection laws that cannot be waived or limited by contract.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Gearz and its officers, directors, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
We will provide prompt notice of any such claim and will cooperate with you in the defense. You may not settle any claim without our prior written consent.
This indemnification obligation does not apply to EEA consumers where prohibited by mandatory local consumer protection law.
Before filing any formal claim, you and Gearz agree to attempt to resolve disputes through good-faith negotiations. You may initiate this process by sending a written notice to legal@gearz.io describing the dispute and your proposed resolution. We will attempt to resolve the matter within thirty (30) business days. If the dispute is not resolved within that period, either party may proceed as described below.
Except as set forth in Section 14.4 and Section 14.7, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction.
You and Gearz each waive the right to a trial by judge or jury. This arbitration agreement survives termination of these Terms.
YOU AND GEARZ AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Either party may (a) bring qualifying claims in small claims court, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights pending the outcome of arbitration.
You may opt out of the arbitration and class action waiver provisions by sending a written notice to legal@gearz.io within thirty (30) days of first agreeing to these Terms. Your notice must include your full name, Account email address, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms remain in effect.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions. If the arbitration provisions do not apply to you, the exclusive jurisdiction for disputes shall be the state or federal courts located in New Castle County, Delaware.
If you are a consumer residing in the European Economic Area ("EEA"), the United Kingdom, or Switzerland:
You may close your Account at any time through your Account settings or by contacting us at legal@gearz.io. Upon closure, your right to use the Service ceases immediately, though any active Subscription will remain accessible until the end of the current billing period.
We may suspend or terminate your Account and access to the Service at any time, with or without notice, if we reasonably believe that:
Where required by applicable law, we will provide you with reasons for the suspension or termination and an opportunity to appeal.
Upon termination, your license to use the Service is revoked. We may delete your Account data in accordance with our Privacy Policy, subject to legal retention requirements.
The following Sections survive any termination of these Terms: Sections 5 (to the extent of outstanding payment obligations), 7.2 (Content license), 8 (Clubs & Events disclaimers), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), 15.3–15.4, and 17 (General Provisions).
We may modify these Terms from time to time. If we make material changes, we will provide at least thirty (30) days advance notice by email, in-app notification, or by posting the revised Terms on the Service with a new "Last updated" date.
Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and close your Account before the changes take effect.
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Gearz.
These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Gearz regarding the Service and supersede all prior or contemporaneous agreements on the subject matter.
You may not assign or transfer these Terms or your rights under them, in whole or in part, without our prior written consent. Gearz may assign these Terms freely to an affiliate, subsidiary, or in connection with a merger, acquisition, or sale of assets without your consent.
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Gearz.
Gearz shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, strikes, government actions, or internet or infrastructure failures.
These Terms may be translated into other languages for your convenience. In the event of any inconsistency, the English-language version shall control.
If you have any questions, concerns, or notices regarding these Terms, please contact us at:
Gearz Legal
Email: legal@gearz.io