Terms of Service

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. BY CREATING AN ACCOUNT, ENTERING YOUR INITIALS AT SIGNUP, OR USING GUNSMITHAPP™, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING THE ASSUMPTION-OF-RISK, RELEASE, ARBITRATION, AND CLASS-ACTION-WAIVER PROVISIONS BELOW. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1. Acceptance; Electronic Records; Eligibility

These Terms are a binding agreement between you and GunsmithApp™ ("the App," "we," "us," or "our"). You accept them by tapping acceptance and entering your initials during signup, or by using the App. You agree that your electronic acceptance — including the initials, timestamp, Terms version, and device information we record — constitutes your signature under the Arizona Electronic Transactions Act (A.R.S. § 44-7001 et seq.) and the federal E-SIGN Act, and that those records are admissible to prove this agreement.

To use the App you represent and warrant that: (a) you are at least 18 years old; (b) you are not prohibited from possessing firearms or ammunition under any applicable law, including 18 U.S.C. § 922(g) and A.R.S. § 13-3101; (c) all information you provide is accurate; and (d) you will comply with all applicable federal, state, and local laws in connection with any activity arising from your use of the App.

2. What GunsmithApp™ Is — and Is Not

GunsmithApp™ is a DIRECTORY AND BOOKING PLATFORM ONLY. It lets firearm owners locate independent gunsmithing professionals, FFLs, and certified instructors, and send them booking requests. GunsmithApp™:

• does not sell, buy, broker, transfer, ship, or take possession of firearms, ammunition, or any regulated item, and does not facilitate any of those acts;
• is not a party to any service arrangement between you and a provider — every engagement, including scheduling, pricing, payment, delivery, and the hand-off and return of any item, is solely between you and the provider, off the platform;
• does not process payments between customers and providers;
• does not employ, supervise, direct, or control any listed provider — providers are independent businesses, not our employees, agents, partners, or joint venturers;
• does not recommend, endorse, certify, or guarantee any provider. A listing — including any "verified" indicator — is not an endorsement.

3. Credentials and "Verified" Status

Provider credentials (including FFL numbers, license types, and instructor certifications) are self-reported by providers. Where we display a "verified" indicator, it means only that a document appearing to be a current license was reviewed as of a point in time. We do not and cannot continuously verify licensing status, insurance, competence, or legal compliance. YOU are solely responsible for independently verifying the credentials, licensing, insurance, and suitability of any provider before engaging them. Providers warrant to us and to users that they hold, and will maintain for as long as they are listed, every license required for the services they offer — including a valid FFL for gunsmithing services and Special Occupational Taxpayer (SOT) status under a qualifying FFL for any National Firearms Act (NFA) work — and that they carry insurance appropriate to their business.

4. ASSUMPTION OF RISK

FIREARMS ARE INHERENTLY DANGEROUS. BY USING THIS PLATFORM TO LOCATE OR ENGAGE A GUNSMITH, FFL, OR INSTRUCTOR, YOU KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUME ALL RISKS — KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN — ASSOCIATED WITH:

(a) the ownership, possession, handling, storage, transport, and use of firearms, ammunition, and related equipment;
(b) any work, modification, repair, refinishing, assembly, or other service performed on your property by any provider;
(c) any training, instruction, or range activity;
(d) the bailment, delivery, hand-off, loss, theft, or damage of any item you entrust to a provider; and
(e) any malfunction, failure, or unintended discharge of any firearm, whenever occurring, including after service by a provider located through this platform.

YOU ACKNOWLEDGE THAT THIS EXPRESS ASSUMPTION OF RISK IS A MATERIAL TERM OF THIS AGREEMENT, THAT YOU ACCEPTED IT BY ENTERING YOUR INITIALS AT SIGNUP, AND THAT WE LIST PROVIDERS IN RELIANCE ON IT.

5. RELEASE AND COVENANT NOT TO SUE

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND FOREVER DISCHARGE GUNSMITHAPP™, ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, AND CAUSES OF ACTION OF EVERY KIND — INCLUDING CLAIMS BASED ON OUR ALLEGED NEGLIGENCE — ARISING OUT OF OR RELATING TO (a) THE ACTS OR OMISSIONS OF ANY PROVIDER OR USER, (b) ANY SERVICE, TRANSACTION, OR DISPUTE BETWEEN YOU AND ANY PROVIDER OR USER, OR (c) THE CONDITION OR PERFORMANCE OF ANY FIREARM OR ITEM SERVICED BY ANY PROVIDER. YOU COVENANT NOT TO SUE GUNSMITHAPP™ ON ANY RELEASED CLAIM. THIS RELEASE DOES NOT APPLY TO LIABILITY THAT CANNOT BE RELEASED UNDER APPLICABLE LAW.

6. Firearms-Law Compliance

• Users and providers are each solely responsible for complying with all federal, state, and local firearms laws, including the Gun Control Act, the NFA, and Arizona law.
• Any transfer of possession between you and a provider — including whether it requires logging in the provider's acquisition and disposition records or a background check on return — is governed by ATF rules and is solely the parties' responsibility.
• You are solely responsible for the lawful transport of firearms to and from providers, including under 18 U.S.C. § 926A where applicable.
• NFA services may be performed only by properly qualified SOT/FFL holders. We display NFA service categories but do not verify SOT status.
• The platform may not be used to arrange the sale or transfer of ownership of firearms or ammunition. Accounts used for that purpose will be terminated.

7. No Serial Numbers

GunsmithApp™ does NOT collect, store, transmit, or display firearm serial numbers at any point. This is a permanent design decision. You agree not to submit serial numbers through any feature of the App, including notes fields, reviews, photos, and messages.

8. Accounts and Security

You are responsible for the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized use. You may hold only the account roles we approve. We may suspend or terminate any account, or remove or decline any listing, at any time, with or without cause or notice, including for suspected violation of these Terms or of law. You may delete your account at any time in the App (Profile → Delete Account) or at gunsmithapp.com/delete-account.

9. Acceptable Use

You agree not to: (a) use the App for any unlawful purpose, including any unlawful firearms transaction; (b) misrepresent your identity, credentials, or licensing; (c) scrape, harvest, crawl, or systematically extract data from the App or directory, or access the App by any automated means; (d) reverse engineer, decompile, or create derivative works of the App; (e) circumvent any security or access control; (f) post content that is unlawful, defamatory, harassing, obscene, or that infringes any right of another; or (g) interfere with the operation of the App or the use of it by others.

10. User Content and Reviews

You retain ownership of content you submit (reviews, photos, profile text, notes) and grant us a worldwide, non-exclusive, royalty-free, transferable license to host, display, reproduce, and use it to operate, improve, and promote the platform. You represent that your content is accurate, lawful, and yours to post. Reviews may be submitted only for completed bookings and are moderated before publication. We enforce a ZERO-TOLERANCE policy for abusive, harassing, hateful, defamatory, obscene, or otherwise objectionable content: you can report content or block users in the App; we review every report and will remove violating content and eject the responsible user within 24 hours. We may remove any content at our discretion. Reviews reflect their authors' opinions only.

11. Bookings

A booking sent through the App is a request only. Confirmation, scheduling changes, cancellation, pricing, payment, and performance are strictly between you and the provider. We have no obligation to mediate disputes between users and providers, although we may, in our sole discretion, take action against accounts involved in misconduct.

12. Fees

Customer use of the App is currently free. Provider listings are currently free; we may introduce, change, or begin charging fees (including provider subscriptions) prospectively on reasonable notice. All fees are non-refundable except as required by law or expressly stated at purchase. Providers are responsible for their own taxes.

13. Intellectual Property; Platform Data

The App, its content, design, and branding — including GunsmithApp™ (trademark; patent pending) — are our property or licensed to us. The directory and all platform data compilations are our proprietary property; you receive no right to extract or reuse them. You agree that we may create, use, and commercialize aggregated or de-identified data derived from platform activity, as described in our Privacy Policy; such data will never identify you. To report content that infringes your copyright, email Operations@gunsmithapp.com with the details required by 17 U.S.C. § 512(c)(3).

14. Privacy

Our Privacy Policy at gunsmithapp.com/privacy governs our handling of your information and is incorporated into these Terms. We never collect firearm serial numbers.

15. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT THE ACCURACY OF ANY LISTING, CREDENTIAL, REVIEW, OR OTHER CONTENT, OR THAT ANY PROVIDER WILL PERFORM ANY SERVICE SAFELY OR COMPETENTLY.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) GUNSMITHAPP™ AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY; (b) WE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM ANY PROVIDER'S ACTS, OMISSIONS, OR WORK, OR FROM ANY FIREARM OR ITEM; AND (c) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS YOU PAID TO GUNSMITHAPP™ IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. THESE LIMITS APPLY TO EVERY THEORY OF LIABILITY AND SURVIVE FAILURE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS THESE LIMITS APPLY TO THE FULLEST EXTENT PERMITTED.

17. Indemnification

You agree to indemnify, defend, and hold harmless GunsmithApp™ and its owners, officers, employees, and agents from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the App; (b) your content; (c) your violation of these Terms or of any law, including any firearms law; (d) any service, transaction, or dispute between you and any provider or user; and (e) if you are a provider, the services you perform, your licensing status, and your compliance with ATF and all other regulatory requirements.

18. DISPUTE RESOLUTION — ARBITRATION AND CLASS-ACTION WAIVER

Informal resolution first. Before filing any claim, you agree to email Operations@gunsmithapp.com describing the dispute and give us 30 days to resolve it.

Binding arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the App shall be resolved exclusively by final, binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Maricopa County, Arizona, before a single arbitrator, under the Federal Arbitration Act and, to the extent applicable, the Arizona Revised Uniform Arbitration Act (A.R.S. § 12-3001 et seq.). The arbitrator — not a court or jury — shall decide all issues, including arbitrability and the application of any assumption-of-risk or release defense. Judgment on the award may be entered in any court of competent jurisdiction.

Carve-outs. Either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive relief in court for infringement or misuse of intellectual property or unauthorized data extraction.

CLASS-ACTION AND JURY WAIVER. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, BOTH PARTIES WAIVE TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.

Opt-out. You may opt out of this arbitration agreement by emailing Operations@gunsmithapp.com within 30 days of first accepting these Terms, stating your account email and that you opt out of arbitration. Opting out does not affect any other provision.

19. Governing Law; Venue

These Terms are governed by the laws of the State of Arizona, without regard to conflicts of law. Subject to Section 18, any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction there.

20. Time Limit on Claims; Attorneys' Fees

Any claim arising out of or relating to these Terms or the App must be commenced within ONE (1) YEAR after it accrues, or it is permanently barred, to the fullest extent permitted by law. In any action or arbitration arising out of these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, consistent with A.R.S. § 12-341.01.

21. Changes to These Terms

We may update these Terms. For material changes we will update the version and effective date above and provide notice in the App or by email before the changes take effect. Continued use after the effective date constitutes acceptance. The version you accepted is recorded with your acceptance.

22. Termination; Survival

These Terms apply while you use the App. Sections 4, 5, 7, 10 (license), 13, and 15–20 survive termination or deletion of your account.

23. App Store Terms

Your download of the App from Google Play or the Apple App Store is also subject to that store's terms. Google and Apple are not parties to these Terms, have no obligation to provide maintenance or support for the App, and are not responsible for addressing any claim relating to the App; to the extent required by its terms, each store operator is a third-party beneficiary of these Terms solely for enforcement of this section.

24. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in effect — except that if the class-action waiver is held unenforceable as to a claim, that claim shall proceed in court, not arbitration. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delay or failure caused by events beyond our reasonable control. Notices to you may be given in the App or to your account email.

25. Contact

Questions about these Terms: Operations@gunsmithapp.com