Welcome to GearSay! These Terms of Use ("Terms") explain the agreement between you and GearSay regarding your use of our website and its associated services (collectively, the "Services"). By using our Services, you agree to these Terms. The Services are provided by GearSay, located at 90 Canal Street, 4th Floor, Boston, MA 02114.

Notice regarding our use of the conversations you have with Gearsay's AI.

When you provide input into Gearsay, your input and Gearsay's response may be retained by Gearsay. We do so for several reasons, including but not limited to: providing, improving, and promoting our Services, complying with applicable law, enforcing our terms and policies, offering products and services to you and other users, and keeping our Services safe. If you have given us your email address, we may be able to associate those conversations with you. Do not input private or confidential information into Gearsay that you would not want others to see and you should assume that any information you input into Gearsay might be reviewed by human reviewers. By using Gearsay you are expressly agreeing that we may retain those conversations. If you do not want us to do so, you must send us an email at support@gearsay.com asking us to delete any conversations retained to date, and you are not permitted to use Gearsay and must immediately stop using the Services.

Who We Are

GearSay is an AI-powered platform designed to help you find the best gear for your sports and activities.

Using Our Services

1. What You Can Do:
   1. Search for sports gear recommendations.
   2. Get personalized suggestions based on your preferences.
   3. Compare products and prices.
   4. Create and share gear lists.
2. What You Can't Do:
   1. Use GearSay for any unlawful or harmful activities.
   2. Misrepresent yourself or your affiliation with others.
   3. Attempt to reverse engineer or modify our Services
   4. Resell or redistribute our recommendations without permission.

You may not interfere with the Services or try to access them using a method other than the interface and the instructions we provide. You may use the Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the Services to you if you do not comply with our terms or if we are investigating suspected misconduct.

Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in the Services. Do not remove, obscure or alter any legal notices displayed in or along with the Services.

We are not granting you by implication, estoppel, or otherwise, any license or right to use the Services or any content displayed through the Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission or the permission of such third party that may own the trademark and/or copyrights in the material displayed on this website.

You are not permitted to use the Services while operating a motor vehicle or in any other way that distracts you and is in violation of traffic, safety or other laws.

Eligibility

You must be at least 16 years old to use GearSay. If you are a minor or under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf (and they must read these Terms) and you may access and use our Site only with permission from your parent or legal guardian.

We make no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Your Content

1. Any input you provide to GearSay (e.g., sports preferences, gear lists, prompts for an AI response) is considered "Your Content." You are responsible for Your Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide input to our Services.
2. As between you and GearSay, to the extent permitted by applicable law, you retain ownership of Your Content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar or different output from our Services. Your rights to Your Content above does not extend to rights in output.
3. By submitting Your Content, you grant GearSay a license to use it in accordance with our privacy policies, including to provide, improve, and promote our Services, comply with applicable law, enforce our terms and policies, offer products and services to you and other users, and keep our Services safe.
4. We have the right in our sole discretion to edit or remove any material submitted to or posted on our website, including Your Content.

Our Content and Services

1. As between you and GearSay, GearSay's recommendations, product descriptions, and other website output are considered "Our Content."
2. GearSay owns all rights to Our Content and to the Services.
3. You may use Our Content for personal, non-commercial purposes.

Accuracy and Reliability.

1. GearSay strives for accurate and helpful recommendations, but AI technology has limitations. Results may not always be perfect.Without limiting the foregoing, due to limitations on AI technology, if Our Content references any third party (including an athlete as an endorser of a product, service or brand) in connection with a product or service, it doesn't mean the third party endorses or uses the product, service or brand. We are providing the Service as a convenience but there are limitations on the accuracy of AI technology and accordingly you should always conduct your own independent research.
2. Do not solely rely on GearSay's recommendations or other output or as a substitute for professional advice. Always conduct your own research and seek advice from experts before making decisions, including decisions to buy products or services, or to use them.
3. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of this website are those of the respective author(s) or distributor(s) and not of GearSay. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such content.

Termination

1. GearSay may suspend or terminate your access to the Services if you violate these Terms or applicable laws, if we must do so to comply with law, or if your use of the Services could cause risk or harm to GearSay, our users or anyone else. We also may terminate your account if it has been inactive for over a year.
2. Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting us at support@gearsay.com.
3. We may decide to discontinue our Services at any time.

Disclaimers

1. OUR SERVICES ARE PROVIDED "AS IS". EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
2. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
3. GEARSAY IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF ITS SERVICES.
4. GEARSAY CONTAINS LINKS TO NON-GEARSAY WEBSITES THAT ARE PROVIDED TO YOU AS A CONVENIENCE. ANY OUTSIDE WEBSITE ACCESSED FROM OUR WEBSITE IS INDEPENDENT FROM GEARSAY, AND WE HAVE NO CONTROL OVER THE CONTENT OF SUCH WEBSITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR FOR ANY LOSS OR DAMAGE INCURRED IN CONNECTION WITH YOUR USE OF SUCH LINKS OR DEALINGS WITH THE OPERATORS OF SUCH NON-GEARSAY WEBSITES (INCLUDING PURCHASES YOU MAY MAKE FROM SUCH NON-GEARSAY WEBSITES), OR FOR ANY LINKS WHICH DO NOT FUNCTION PROPERLY.

Limitation of liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID GEARSAY FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PRODUCTS OR SERVICES YOU PURCHASE FROM THIRD PARTIES THROUGH LINKS OR OTHER REFERRALS YOU FIND ON GEARSAY WILL NOT BE INCLUDED IN THE CALCULATION OF THE AMOUNT YOU PAID GEARSAY FOR PURPOSES OF THIS PARAGRAPH.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

GEARSAY'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

Indemnification

You agree to indemnify GearSay from any claims or losses arising from your use of the Services.

Dispute resolution

YOU AND GEARSAY AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

MANDATORY ARBITRATION You and GearSay agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a "Dispute"), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by emailing us at support@gearsay.com. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice at support@gearsay.com. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here (opens in a new window)). GearSay will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired Massachusetts judge or an attorney licensed to practice law in the Commonwealth of Massachusetts. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts in Boston, Massachusetts have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

Exceptions. This section does not require informal dispute resolution or arbitration of injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

Class Action and Jury Trial Waiver: You agree that disputes will be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and GearSay knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and GearSay agree that NAM will administer them in batches of up to 50 claimants each ("Batch"), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

Copyright complaints

If you believe that your intellectual property rights have been infringed, please send notice to the address below or contact us at support@gearsay.com. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act ("DMCA")

GearSay, Inc.
15 Lakeview Road
Winchester, MA 01890
Attn: Copyright Agent

Written claims concerning copyright infringement must include the following information:

If you do not comply with these terms and we don't take action right away, that doesn't mean that we are giving up any rights that we may have, including taking action in the future.

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
2. A description of the copyrighted work that you claim has been infringed upon
3. A description of where the allegedly infringing material is located on our site so we can find it
4. Your address, telephone number, and e-mail address
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf

General Terms

Assignment You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest or purchaser of any business associated with our Services, whether by merger, acquisition of stock or assets, license or otherwise.

Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

1. Changes to the law or regulatory requirements.
2. Security or safety reasons.
3. Circumstances beyond our reasonable control.
4. Changes we make in the usual course of developing our Services or our associated business.
5. To adapt to new technologies.

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade controls You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and Your Content may not include material or information that requires a government license for release or export.

Entire agreement. These Terms contain the entire agreement between you and GearSay regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and GearSay.

Governing law. Massachusetts law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms may be brought exclusively in the federal or state courts in Boston, Massachusetts.

Contact Us

If you have any questions, please contact us at support@gearsay.com