Terms of Service
Effective Date: May 28, 2026
Last Updated: May 28, 2026
These Terms of Service (“Terms“) are a binding agreement between you and Gently LLC (“Gently,” “we,” “us,” “our“) governing your access to and use of gentlyus.com, our online store, and any related services (collectively, the “Services“). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
PLEASE READ SECTION 14 CAREFULLY. It requires you to resolve disputes with us through individual arbitration and waives your right to a jury trial and to participate in class actions.
1. Eligibility
You must be at least 18 years old (or the age of majority in your state, if higher) to create an account or place an order. By using the Services, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. The Services are intended for users in the United States.
2. Your Account
You may need to create an account to place orders or access certain features. You agree to:
- Provide accurate, current, and complete information
- Keep your account credentials confidential
- Notify us promptly of any unauthorized use of your account
- Be responsible for all activity under your account
We may suspend or terminate your account at our discretion if you violate these Terms or for any other reason in accordance with applicable law.
3. Products, Orders, and Pricing
3.1 Product information
We make reasonable efforts to describe our products accurately, but we do not warrant that product descriptions, images, colors, dimensions, or other content are error-free. Slight variations between product images and the physical product may occur.
3.2 Pricing and availability
All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to correct pricing errors, even after an order has been placed. If we cancel an order due to a pricing error, we will refund any amount charged.
Product availability is not guaranteed. We may limit quantities, refuse orders, or discontinue products at any time.
3.3 Acceptance of orders
Your order is an offer to purchase. No order is accepted until we send you an order confirmation. We may refuse or cancel any order for any reason, including suspected fraud, pricing errors, or unavailability.
3.4 Payment
You authorize us (and our payment processor) to charge your selected payment method for the total amount of your order, including taxes and shipping. By providing payment information, you represent that you are authorized to use the payment method and that the information is accurate.
3.5 Taxes and shipping
Applicable taxes will be added at checkout. Shipping charges, methods, and estimated delivery times are described at checkout and may vary. We are not responsible for delays caused by shipping carriers or customs.
3.6 Returns and refunds
Our return and refund terms are described on our Returns Policy page, which is incorporated by reference into these Terms.
4. Promotional Codes and Offers
Promotional codes are valid only for the specified period, are not redeemable for cash, may not be combined with other offers unless stated, and are subject to any additional terms posted with the offer. We may modify or revoke promotions at any time.
5. Email and SMS Communications
By providing your email address, you agree to receive transactional messages related to your account and orders. If you opt in to marketing emails or SMS, you can unsubscribe at any time by following the instructions in any message (e.g., clicking “unsubscribe” or replying “STOP”). Message and data rates may apply to SMS.
6. Intellectual Property
6.1 Our content
All content on the Services — including text, graphics, logos, images, videos, software, product designs, and the “Gently” name and marks — is owned by Gently or its licensors and is protected by U.S. and international intellectual property laws.
6.2 Limited license
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. You may not:
- Copy, reproduce, modify, distribute, or create derivative works of our content
- Use our trademarks without our written permission
- Scrape, mine, or collect data from the Services using automated means
- Reverse engineer or attempt to extract the source code of any software on the Services
- Use the Services for any commercial purpose without our permission
6.3 Feedback
If you submit feedback, ideas, or suggestions about the Services or our products, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them for any purpose without compensation or attribution.
7. User Conduct
You agree not to use the Services to:
- Violate any law, regulation, or third-party right
- Submit false, misleading, or fraudulent information
- Impersonate any person or misrepresent your affiliation
- Interfere with or disrupt the Services or servers
- Attempt to gain unauthorized access to any part of the Services
- Use the Services to send spam, malware, or harmful code
- Harass, abuse, threaten, or harm any other user or our team
8. User Submissions
If you submit reviews, comments, photos, or other content (“User Submissions“) to the Services, you grant Gently a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable license to use, reproduce, display, distribute, and create derivative works of your User Submissions for any purpose, including marketing.
You represent that your User Submissions are accurate, do not infringe any third-party rights, and comply with these Terms. We may remove or refuse to display any User Submissions at our discretion.
9. Third-Party Links and Services
The Services may link to or integrate with third-party websites and services. We do not control and are not responsible for those third parties. Your interactions with them are governed by their own terms and policies.
10. Disclaimers
THE SERVICES AND ALL CONTENT, PRODUCTS, AND MATERIALS PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GENTLY DISCLAIMS ALL WARRANTIES, 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, secure, or free of viruses or other harmful components. Any product warranty for the Gently device is provided in the separate product warranty documentation accompanying your purchase and is not modified by these Terms.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- GENTLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- GENTLY’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO GENTLY IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Gently and its officers, directors, employees, contractors, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of or related to: (a) your violation of these Terms; (b) your violation of any law or third-party right; (c) your User Submissions; or (d) your misuse of the Services.
13. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14. Dispute Resolution; Arbitration; Class Action Waiver
14.1 Informal resolution first
Before filing any formal claim, you agree to first contact us with a written description of your dispute and your contact information, and to give us 60 days to attempt to resolve the dispute informally.
14.2 Binding arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules (for claims under $250,000) or its Comprehensive Arbitration Rules (for larger claims), then in effect. The arbitration will be conducted in [Los Angeles, California], or remotely, and the arbitrator’s decision will be final and binding.
14.3 Class action waiver
YOU AND GENTLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this class-action waiver is held unenforceable, then the entire Section 14 (other than this sentence) will be void.
14.4 Exceptions
Either party may bring an individual action in small-claims court for claims within that court’s jurisdiction. Either party may also seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
14.5 Opt out
You may opt out of this arbitration agreement by submitting written notice through our contact form, or by mail to Gently LLC, 16851 Saybrook Ln, Huntington Beach, CA 92649, within 30 days of first accepting these Terms. Your notice must include your full name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other terms.
15. Changes to These Terms
We may update these Terms from time to time. Material changes will be posted on the Site with an updated “Last Updated” date and, where appropriate, notified to you by email or other means. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.
16. Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice. You may stop using the Services at any time. Sections that by their nature should survive termination (including Sections 6, 8, 10, 11, 12, 13, 14, and this Section 16) will survive.
17. Miscellaneous
- Entire agreement. These Terms (with our Privacy Policy, Cookie Policy, and any policies incorporated by reference) are the entire agreement between you and Gently regarding the Services.
- Severability. If any provision is held unenforceable, the remaining provisions will continue in full force and effect.
- No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
- Assignment. You may not assign these Terms without our consent. We may assign these Terms freely.
- Force majeure. We are not liable for failures or delays caused by events beyond our reasonable control.
- Headings. Section headings are for convenience and do not affect interpretation.
18. Contact
For questions about these Terms, please contact us. Mail can be sent to:
- Gently LLC, 16851 Saybrook Ln, Huntington Beach, CA 92649