These Terms and Conditions ("Terms") are a binding agreement between you and Gearcheck, Inc., a Delaware corporation with its principal office at 434 East Iris Drive, Nashville, TN 37204 ("Gearcheck," "we," "us," or "our"). They govern your access to and use of gearcheck.com and any related websites, applications, and services we provide (together, the "Services"). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. About the Services
Gearcheck provides an online platform and related services, as described on gearcheck.com. We may change, add, or discontinue features at any time.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of an organization, you confirm that you have authority to bind that organization, and "you" includes it.
3. Your account and security
You must provide accurate information and keep it current. You are responsible for all activity under your account and for keeping your credentials confidential. We offer two-factor authentication to help protect your account, and we strongly encourage you to enable it. Tell us promptly at support@gearcheck.com if you suspect unauthorized access. We may suspend or restrict an account to protect security or investigate misuse.
4. Two-factor authentication and text messages
If you enable SMS-based two-factor authentication, you consent to receive one-time verification codes by text message from Gearcheck at the mobile number you provide. These messages are transactional. They are sent only in response to your actions, such as signing in, verifying your number, or resetting your password. We do not send marketing or promotional text messages from this program.
- Frequency. Message frequency varies based on your activity, such as how often you sign in or request a code.
- Costs. Message and data rates may apply, according to your mobile plan. Gearcheck does not charge for these messages.
- Opt out. Reply STOP to any message to stop receiving texts. You will receive one confirmation message. After you opt out, you can use another sign-in method we offer, such as an authenticator app or email, if one is enabled on your account. If no other method is available, you may need to contact support to regain access.
- Help. Reply HELP to any message, or contact us at support@gearcheck.com.
- Your number. Provide only a number that you own or are authorized to use, and tell us if it changes.
- Not a condition of purchase. Consent to receive texts is not a condition of purchasing anything from us.
- Carriers. Carriers and wireless providers are not liable for delayed or undelivered messages. Delivery depends on carrier and device availability.
- Privacy. We use your mobile number only for account security and do not share it with third parties or affiliates for their marketing or promotional purposes. See our Privacy Policy.
5. Acceptable use
You agree not to:
- break any law or infringe anyone's rights;
- access another person's account or data without permission;
- interfere with or disrupt the Services, or probe, scan, or test their security without our written consent;
- use bots, scrapers, or other automated means to access the Services except as we allow;
- reverse engineer or copy the Services except as the law permits;
- upload malware or harmful code; or
- use the Services to send spam or deceptive content.
We may remove content or suspend access if we believe you have violated these Terms.
6. Your content
You keep ownership of content you submit to the Services ("User Content"). You grant Gearcheck a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display User Content only as needed to operate, secure, and improve the Services and to provide them to you. You confirm that you have the rights needed to submit your User Content and that it does not violate the law or another person's rights.
7. Our intellectual property
The Services, including software, design, text, graphics, and trademarks, belong to Gearcheck or its licensors and are protected by law. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Services for their intended purpose under these Terms. We reserve all other rights. If you send us feedback, we may use it without obligation to you.
8. Fees
If any part of the Services requires payment, we will show you the applicable fees and billing terms before you are charged. You are responsible for any taxes that apply.
9. Privacy
Our Privacy Policy explains how we collect, use, and share personal information, including mobile numbers. By using the Services, you acknowledge that policy.
10. Third-party services
The Services may rely on or link to third-party services, including communications providers that deliver text messages for us. We do not control and are not responsible for third-party services, and your use of them may be governed by their own terms.
11. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT TEXT MESSAGES WILL BE DELIVERED OR TIMELY.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GEARCHECK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
13. Indemnification
You agree to defend and indemnify Gearcheck against claims, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your User Content, or your misuse of the Services, to the extent the law allows.
14. Termination
You may stop using the Services and close your account at any time. We may suspend or terminate your access at any time for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive, including sections 6, 7, and 11 through 16.
15. Governing law and disputes
These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law rules. Any dispute arising from these Terms or the Services will be brought exclusively in the state or federal courts located in Davidson County, Tennessee, and you consent to their jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.
16. General
These Terms, together with the Privacy Policy, are the entire agreement between you and Gearcheck about the Services. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We may update these Terms by posting the revised version with a new effective date, and your continued use after that means you accept the changes. For material changes we will give reasonable notice, such as by email or a notice in the Services.