Terms of Service

1. Introduction & Agreement to Terms

Welcome to GUNPOWDR. By accessing or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and GUNPOWDR regarding your use of our web hosting, marketing, web design, maintenance, and related services.

You must be at least 18 years of age to use our services. By using our services, you represent that you are 18 years or older and have the legal capacity to enter into this agreement.

2. Service Description

GUNPOWDR provides specialized web services for the firearms industry, including but not limited to:

• Web Hosting: 2A-safe infrastructure built on reliable hosting platforms with 99.9% uptime commitment
• Marketing Services: SEO optimization, conversion rate optimization (CRO), content strategy, and digital marketing tailored for firearms businesses
• Web Design & Development: WooCommerce-based e-commerce solutions designed for firearms, ammunition, and related products
• Maintenance & Support: Ongoing website maintenance, security updates, and technical support

Our services are specifically designed for businesses operating within the firearms industry and incorporate compliance considerations unique to this sector.

3. User Responsibilities

As a user of GUNPOWDR services, you agree to:

• Comply with all applicable federal, state, and local laws and regulations, including but not limited to ATF regulations, FFL requirements, and firearm sales restrictions
• Provide accurate, current, and complete information during registration and use of services
• Maintain the security of your account credentials and be responsible for all activities under your account
• Ensure all content hosted on our platform complies with applicable firearms regulations and industry standards
• Implement and maintain all required age verification, compliance checks, and legal disclaimers as required by law for your business
• Not use our services for any illegal activities, including but not limited to the sale of prohibited weapons, illegal modifications, or circumvention of federal or state firearms laws
• Not distribute malware, viruses, or engage in activities that could harm our infrastructure or other users
• Not attempt to gain unauthorized access to our systems or other users' accounts

4. Payment Terms

Billing: Services are billed on a monthly or annual basis as selected during signup. Annual plans receive a discount compared to monthly billing.

Payment Methods: We accept major credit cards, debit cards, and other payment methods as displayed during checkout. Payments are processed through secure third-party payment processors.

Late Payments: Failure to pay by the due date may result in service suspension. If payment is not received within 15 days of the due date, we reserve the right to terminate services. A reactivation fee may apply.

Refund Policy: We offer a 30-day money-back guarantee for new hosting customers. Migration services and custom development work are non-refundable once work has commenced.

Price Changes: We reserve the right to modify our pricing with 30 days' advance notice. Price changes will not affect existing contracts until renewal.

5. Intellectual Property

Your Content: You retain all ownership rights to content, data, and materials you upload to or create using our services. You grant us a limited license to host, store, and display your content solely for the purpose of providing our services.

Our Platform: GUNPOWDR owns all rights, title, and interest in our platform, tools, infrastructure, and proprietary technology. This includes but is not limited to our hosting infrastructure, custom plugins, and service methodologies.

WooCommerce & Open Source: Your website is built on WooCommerce and other open-source technologies. You have full rights to these open-source components under their respective licenses (GPL v3 for WooCommerce).

Portability: You can export your entire website, database, and content at any time. We are committed to preventing vendor lock-in and support your right to migrate away from our services.

6. Service Level & Uptime

Uptime Commitment: We strive to maintain 99.9% uptime for our hosting services. This excludes scheduled maintenance windows and circumstances beyond our control (force majeure).

Scheduled Maintenance: We will provide at least 24 hours' notice for scheduled maintenance that may affect service availability. Maintenance windows are typically scheduled during low-traffic periods.

Backups: We perform automated daily backups with 30-day retention. While we make every effort to maintain reliable backups, you are responsible for maintaining your own backup copies of critical data.

Service Credits: If uptime falls below 99.9% in a calendar month (excluding scheduled maintenance), you may be eligible for service credits. Contact support within 30 days to request credits.

7. Data & Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Ownership: You own all data associated with your website and customer information. We do not claim ownership of your business data.

Data Portability: You have the right to export your data at any time. Upon termination of services, you will have 30 days to download your complete website files and database.

8. Limitation of Liability

GUNPOWDR provides services with reasonable care and skill. However, our services are provided "as is" without warranties of any kind, express or implied.

No Consequential Damages: To the maximum extent permitted by law, GUNPOWDR shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

Liability Cap: Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

Your Business Operations: You are solely responsible for your business operations, compliance with firearms laws and regulations, and all transactions conducted through your website. GUNPOWDR is a technology service provider and does not provide legal, compliance, or business advice.

9. Termination

Termination by You: You may terminate your account at any time with 30 days' written notice. No penalties or termination fees apply.

Termination by Us: We may terminate your account immediately if you breach these Terms, engage in illegal activities, or if we are required to do so by law. For other reasons, we will provide 30 days' notice before termination.

Data Export: Upon termination, you will have 30 days to export your complete website, database, and files. After this period, we may delete your data in accordance with our data retention policies.

Refunds: If you terminate within the 30-day money-back guarantee period, you will receive a full refund. Otherwise, refunds are prorated based on unused service time at our discretion.

10. Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which GUNPOWDR operates, without regard to conflict of law principles.

Informal Resolution: If you have a dispute, please contact us first at hello@gunpowdr.com. We commit to working in good faith to resolve disputes informally before pursuing formal proceedings.

Arbitration: Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide 30 days' advance notice of any material changes via email to your registered email address and by posting the updated Terms on our website.

Continued use of our services after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you may terminate your account as described in Section 9.

12. Contact Information

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

Email: hello@gunpowdr.com

Contact Page: gunpowdr.com/contact