Last updated: 11/23/25
This Terms of Service Agreement governs access to and use of the Gunly Platform, including the website, hosted software, managed WordPress and WooCommerce infrastructure, setup services, integrations, data feeds, and related services offered by Platoon LLC dba Gunly, a North Carolina limited liability company.
By creating an account, signing up, or using any Gunly Services, the Merchant agrees to be legally bound by this Agreement.
If the Merchant accepts this Agreement on behalf of a business or other legal entity, the Merchant represents that they are authorized to bind that entity. In this case, the terms “Merchant”, “Client”, “you”, and “your” refer to that entity.
Gunly may update or modify this Agreement at any time. Continued use of the Services constitutes acceptance of the updated Agreement.
For purposes of this Agreement:
“Platform” or “Gunly Platform” means Gunly’s managed, hosted, controlled, and proprietary WordPress and WooCommerce based ecommerce system, including themes, plugins, code, configurations, server environment, backend tools, administrative interfaces, database structures, templates, security systems, and all supporting technologies.
“Setup Services” means the one-time onboarding and website setup that Gunly performs for Merchant to prepare the Merchant’s initial ecommerce website.
“Services” means all services provided by Gunly, including the Platform, Setup Services, hosting, support, integrations, data feeds, analytics tools, and any new or modified features.
“Merchant” means the Client business entity that uses the Platform to operate an ecommerce store.
“End Customer” means any individual or entity that purchases products from the Merchant through the Platform.
“Merchant of Record” means the legal seller in any transaction, which is always the Merchant, never Gunly.
“Client Content” means product information, images, text, logos, trademarks, business information, and any other materials supplied directly by the Merchant.
“Client Assets” means exportable data created or uploaded by Merchant such as product data, customer data, order data, text, business information, and images. Client Assets do not include any part of the Gunly Platform.
“Third-Party Services” means any third-party software, data feed, API, plugin, integration, payment processor, distributor feed, hosting provider, tax system, shipping system, or other external service.
“FFL” means a Federal Firearms License issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
2.1 Managed Platform Model Gunly operates a fully managed platform. Merchant receives limited access for the purpose of managing products, orders, and content, but does not receive and will not be granted administrative-level access, code access, plugin installation rights, theme control, server control, or database control.
2.2 Platform Ownership Gunly owns all rights, title, and interest in the Platform, including all code, plugins, themes, configurations, database structures, templates, architecture, layouts, and any enhancements, modifications, or customizations. Nothing in this Agreement transfers ownership of any portion of the Platform to the Merchant.
2.3 License to Use the Platform Gunly grants the Merchant a limited, revocable, non-exclusive, non-transferable license to use the Platform during the Merchant’s active subscription. This license is conditioned upon Merchant’s continued compliance with this Agreement, including payment of all fees and adherence to all use restrictions. This license immediately terminates upon cancellation or termination of Services.
2.4 No Rights to Code or Platform Components Merchant may not copy, extract, export, download, reproduce, reverse engineer, scrape, clone, recreate, or replicate any part of the Platform.
2.5 No Work For Hire Setup Services and any configurations performed by Gunly are not work for hire. Merchant gains no ownership rights in the website, code, structure, templates, or platform components.
3.1 Nature of Setup Services Gunly provides initial Setup Services to configure and launch the Merchant’s ecommerce website within the Platform. These services may include:
3.2 No Custom Code Rights Setup Services do not transfer ownership of any design, layout, style, configuration, or customization created by Gunly. All such work is part of the Platform.
3.3 Setup Completion and Launch The website is considered launched when the earliest of the following occurs:
3.4 Delays Caused by Merchant Delays caused by Merchant failure to provide content, approvals, or required information extend all timelines.
4.1 Account Creation Merchant must provide accurate, current information and maintain account security.
4.2 Password Responsibility Merchant is responsible for maintaining the security of all credentials and for all activity under its account.
4.3 No Unauthorized Access Merchant may not grant access to external developers, contractors, or agencies to perform backend modifications, custom coding, plugin installation, or attempts to bypass platform restrictions.
5.1 Subscription Fees Merchant must pay monthly or annual fees for continued access to the Platform.
5.2 Automatic Renewal Subscriptions renew automatically unless cancelled.
5.3 Setup Fee Setup fees are charged once and are refundable only under the Money Back Guarantee in Section 6.
5.4 Non-Refundable Fees Except during the refund window described in Section 6, all fees are final and non-refundable.
5.5 Failure to Pay Gunly may suspend or terminate Services immediately if payment fails or chargebacks occur.
5.6 Fee Increases Gunly reserves the right to increase fees upon thirty (30) days’ written notice. Notice will be provided by email to the address associated with Merchant’s account and by prominent notice within the Platform dashboard. Continued use of the Platform after the notice period constitutes acceptance of the increased fees. If Merchant does not accept the fee increase, Merchant must cancel the subscription before the increase takes effect. Cancellation under these circumstances does not entitle Merchant to refunds of fees already paid.
6.1 Refund Window Merchant may request a refund of the setup fee and first month’s subscription within seven (7) calendar days after launch.
6.2 Activities That Void Refund Eligibility The refund window immediately terminates if Merchant:
6.3 Refund Requests Refund requests must be made directly to Gunly at support@gunly.com.
6.4 Effect of Refund All Services terminate immediately upon refund. Merchant loses all rights to access or use the Platform.
7.1 Direct Resolution Required Merchant must contact Gunly directly before initiating any payment dispute.
7.2 Chargebacks Are a Material Breach Any chargeback or payment dispute initiated without first contacting Gunly constitutes material breach of this Agreement.
7.3 Consequences Gunly may:
8.1 Client Content Ownership The Merchant retains ownership of all Client Content and Client Assets that the Merchant uploads or provides to the Platform.
8.2 License to Gunly The Merchant grants Gunly a worldwide, royalty free, non-exclusive license to host, store, reproduce, modify (for display, formatting, and technical purposes), transmit, and use Client Content as necessary to operate, maintain, improve, and provide the Services.
8.3 Responsibility for Client Content The Merchant represents and warrants that Client Content:
Merchant further represents that all product listings comply with federal, state, and local laws in all jurisdictions where Merchant offers products for sale, including but not limited to ATF regulations, state firearms laws, and consumer protection laws.
Gunly reserves the right, in its sole discretion, to:
Gunly may exercise these rights immediately and without prior notice. Removal or restriction of content does not entitle Merchant to refunds, credits, or compensation. Gunly’s exercise of content moderation rights does not create any obligation to monitor or review content generally.
8.4 Exportable Client Assets Upon termination, the Merchant may export Client Assets for a period of thirty (30) days. The Merchant is not entitled to export or receive:
8.5 Data Loss Disclaimer Gunly is not responsible for loss of Client Content or Client Assets resulting from:
The Merchant is solely responsible for maintaining offline backups of Client Assets.
8.6 No Obligation to Monitor Content Gunly has no obligation to monitor, review, or pre-screen Client Content. Gunly’s right to remove content does not create a duty to monitor or review. Merchant is solely responsible for ensuring all content is lawful, accurate, and compliant with applicable regulations.
9.1 No Control Over Third Party Services The Platform depends on numerous Third Party Services, including but not limited to:
Gunly does not control Third Party Services and is not responsible for their availability, functionality, accuracy, or performance.
9.2 No Guarantee of Accuracy Gunly makes no representations and provides no warranties regarding the accuracy or completeness of third party data, including but not limited to:
9.3 Third Party Failures Do Not Constitute Breach Any outage, delay, failure, modification, error, or discontinuation of a Third Party Service does not constitute a defect in the Gunly Platform or a breach of this Agreement.
9.4 Merchant Responsibility for Third Party Accounts The Merchant must maintain its own accounts with payment processors, shipping providers, and other integrated systems. Gunly is not responsible for:
9.5 No Refunds for Third Party Issues Issues originating from Third Party Services do not entitle the Merchant to refunds, credits, or termination-related concessions.
9.6 Payment Processor Termination Payment processors may refuse service, suspend accounts, or terminate relationships with merchants who sell firearms or related products. Gunly has no control over payment processor decisions and is not responsible for:
Payment processor issues do not constitute a defect in the Platform or entitle Merchant to refunds, credits, or early termination without penalty.
9.7 Automated Features Disclaimer The Platform may provide automated features including inventory synchronization, pricing updates, customer communications, and data feeds. Merchant acknowledges and agrees that:
10.1 Gunly Does Not Provide Compliance Services Gunly does not provide legal, regulatory, or compliance advice related to firearms, ammunition, age restricted goods, or any regulated items. Gunly is not responsible for ensuring that Merchant operations comply with the Gun Control Act, ATF regulations, the NFA, state firearms laws, or any other applicable legal requirements.
10.2 Merchant Is Solely Responsible for Compliance The Merchant bears sole responsibility for:
10.3 Platform Use Does Not Guarantee Compliance Use of the Platform does not:
10.4 Gunly Not a Party to Transactions Gunly:
All sales are solely between the Merchant and its End Customers.
10.5 Indemnification for Firearms-Related Claims Merchant will indemnify, defend, and hold harmless Gunly and its officers, managers, employees, contractors, and affiliates from any claims, demands, actions, investigations, penalties, fines, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
10.6 Merchant Eligibility and Licensing Merchant represents and warrants that: • If selling firearms, Merchant holds a valid, current FFL in good standing • Merchant has provided accurate FFL information to Gunly
Gunly may request proof of Merchant’s FFL or other licenses at any time. Failure to provide proof within ten (10) business days is grounds for immediate suspension or termination.
10.7 Prohibited Firearms Transactions Merchant will not use the Platform to:
10.8 State and Local Law Compliance Merchant is solely responsible for complying with the firearms laws of:
Gunly does not provide information about state or local firearms laws and does not restrict listings based on destination state laws. Merchant must independently determine which products can be legally sold to customers in each jurisdiction.
10.9 No Reliance on Platform Features Any age verification, compliance tools, or automated checks provided by the Platform are for convenience only and do not ensure compliance with any law. Merchant must independently verify the legality of each transaction.
11.1 Hosting Services Gunly provides hosting as part of the Platform. Hosting resources, server configurations, and infrastructure choices are controlled exclusively by Gunly.
11.2 No Guaranteed Uptime Gunly does not guarantee:
11.3 Security Measures Gunly employs commercially reasonable security practices but does not guarantee that the Platform will be free from:
11.4 Merchant Security Obligations The Merchant must:
11.5 No Liability for Security Incidents Gunly is not responsible for losses resulting from security incidents, including:
11.6 No Refunds for Downtime or Security Events Security incidents or availability disruptions do not entitle the Merchant to refunds, credits, or penalties.
11.7 Data Breach Notification
(a) Gunly’s Notification Obligations If Gunly becomes aware of a security incident that may have compromised End Customer information stored on the Platform, Gunly will notify Merchant without unreasonable delay and will provide available information about the nature and scope of the incident.
(b) Merchant’s Notification Obligations Merchant is solely responsible for:
(c) No Legal Advice Gunly’s provision of incident information to Merchant does not constitute legal advice or a determination that notification is required under applicable law.
(d) Indemnification Merchant will indemnify Gunly for all costs, claims, and liabilities related to data breach incidents, including notification costs, regulatory penalties, and third-party claims, except to the extent directly caused by Gunly’s gross negligence or willful misconduct.
The Merchant may not use the Platform to:
Gunly may suspend or terminate Accounts immediately for any prohibited use.
13.1 Termination by Merchant The Merchant may cancel the subscription at any time through the Merchant’s account dashboard or by written notice to Gunly. Cancellation does not entitle the Merchant to refunds of fees already paid, except as expressly stated in the Seven Day Money Back Guarantee.
13.2 Termination by Gunly Gunly may terminate the Merchant’s access to the Platform immediately upon notice (or without notice if immediate termination is necessary to protect Gunly’s systems, comply with legal obligations, or prevent ongoing harm), if:
13.3 Effect of Termination Upon any termination:
13.4 Survival Sections that by their nature should survive termination will remain in full force, including ownership, disclaimers, limitation of liability, indemnification, arbitration, and governing law.
13.5 Domain and DNS Control Upon termination, Gunly will cease providing hosting services. If Merchant controls the domain name, Merchant must update DNS settings to remove all references to Gunly’s servers within forty-eight (48) hours. Failure to do so may result in the domain pointing to a disabled or unavailable site.
14.1 Merchant Is the Seller Merchant is the merchant of record and seller for all transactions conducted through the Platform. All sales contracts are solely between Merchant and the End Customer. Gunly is not a party to any transaction.
14.2 Customer Service Obligations Merchant is solely responsible for:
14.3 No Customer Relationship Gunly has no relationship with End Customers and assumes no obligations to them. End Customers may not bring claims against Gunly related to products, transactions, or merchant conduct.
14.4 Customer Data Ownership Merchant owns all End Customer data, including contact information, order history, and payment information (excluding payment card data stored by payment processors). Merchant is responsible for complying with all privacy laws and providing required privacy notices to End Customers.
15.1 Merchant Responsibility for Tax Compliance Merchant is solely responsible for determining, collecting, reporting, and remitting all applicable taxes on sales made through the Platform, including but not limited to sales tax, use tax, excise tax, and any other taxes required by federal, state, or local law. Gunly is not a marketplace facilitator, marketplace seller, or electronic marketplace under any state tax law. Gunly does not collect or remit taxes on behalf of Merchant. Merchant is the sole seller and taxpayer for all transactions.
15.2 Tax Calculation Tools Any tax calculation tools, integrations, or features provided through the Platform are for convenience only. Gunly makes no representations regarding the accuracy or completeness of tax calculations. Merchant must independently verify all tax obligations.
15.3 Excise Taxes on Firearms and Ammunition Merchant is responsible for compliance with all federal excise taxes on firearms and ammunition under 26 U.S.C. Chapter 32, including quarterly filing requirements with the TTB.
15.4 No Tax Advice Gunly does not provide tax advice. Merchant should consult with a qualified tax professional regarding its obligations.
15.5 Indemnification Merchant will indemnify Gunly against all claims, penalties, and liabilities related to Merchant’s tax obligations or failures.
16.1 As Is Basis The Platform and all Services are provided on an “as is”, “with all faults”, and “as available” basis. Gunly expressly disclaims all warranties of any kind, including but not limited to:
16.2 No Guarantee of Results Gunly does not guarantee:
16.3 No Warranty of Error Free Operation Gunly does not warrant that the Platform will be:
To the fullest extent permitted by law:
17.1 No Indirect Damages Gunly is not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost sales, lost revenue, business interruption, or loss of data.
17.2 Liability Cap Gunly’s maximum aggregate liability for any and all claims arising out of or related to this Agreement, the Services, or Merchant’s use of the Platform, whether based on contract, tort, strict liability, or any other legal theory, is limited to the lesser of: (a) the total amount of fees paid by Merchant to Gunly in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) five hundred dollars ($500).
This limitation applies regardless of whether Gunly has been advised of the possibility of such damages.
17.3 Essential Basis The Merchant agrees that this limitation of liability is a fundamental part of this Agreement and reflects a fair allocation of risk.
18.1 Merchant Indemnity The Merchant agrees to indemnify and hold harmless Gunly and its officers, managers, employees, contractors, and affiliates from any claims, losses, liabilities, damages, penalties, and expenses arising from:
18.2 Defense and Cooperation Gunly may assume control of the defense of any indemnified claim, and the Merchant agrees to cooperate fully.
19.1 DMCA Agent Gunly will respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act.
19.2 Procedure for Reporting Infringement A valid DMCA notice must include:
19.3 Removal of Content Gunly may remove or disable access to allegedly infringing content and may terminate accounts of repeat infringers.
20.1 Binding Arbitration All disputes arising from or related to this Agreement will be resolved exclusively through binding arbitration administered by the American Arbitration Association in Wake County, North Carolina.
20.2 No Class Actions The Merchant may only bring claims in an individual capacity. Class actions, class arbitrations, and representative actions are not permitted. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party.
20.3 Governing Law This Agreement is governed by the laws of the State of North Carolina and the Federal Arbitration Act.
20.4 Injunctive Relief Gunly may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
20.5 Exceptions to Arbitration Notwithstanding the arbitration requirement, either party may seek relief in a court of competent jurisdiction for:
21.1 Modifications Gunly may modify this Agreement at any time. Continued use of the Platform constitutes acceptance of the modified Agreement.
21.2 Assignment Gunly may assign this Agreement without restriction. The Merchant may not assign this Agreement without written consent from Gunly.
21.3 Severability If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
21.4 Notices Notices must be sent by email, certified mail, or through the Platform’s communication tools. Notices are deemed received upon delivery or acknowledgment.
21.5 Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or representations.
21.6 Privacy Policy. Use of the Platform is also governed by the Gunly Privacy Policy, which is incorporated into this Agreement by reference. By using the Platform, Merchant acknowledges and agrees to the Privacy Policy. View Privacy Policy.
21.7 Cookie Policy. The Platform uses cookies and similar technologies as described in the Gunly Cookie Policy. Merchant agrees to the use of cookies in accordance with that policy. View Cookie Policy.
21.8 Data Processing Addendum. To the extent Merchant processes Personal Data of End Customers subject to applicable U.S. state privacy laws, the Gunly Data Processing Addendum (“DPA”) applies and is incorporated by reference into this Agreement. The DPA governs Gunly’s processing of End Customer Data on behalf of Merchant. View Data Processing Addendum (DPA).
21.9 Acceptable Use Policy. Use of the Platform is also subject to the Gunly Acceptable Use Policy (“AUP”), which is incorporated into this Agreement by reference. Merchant agrees to comply with the AUP at all times. Gunly may update the AUP from time to time, and continued use of the Platform constitutes acceptance of the updated AUP. View Acceptable Use Policy.
21.10 Geographic Restrictions Gunly reserves the right to refuse service, suspend accounts, or terminate access for merchants located in or serving customers in jurisdictions where:
Current use of the Platform does not guarantee continued availability in all jurisdictions.
21.11 Force Majeure Gunly is not liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or failures of Third-Party Services.
By creating an account, signing electronically, clicking “I Agree”, or using the Platform, the Merchant acknowledges and agrees to be bound by this Terms of Service Agreement in full.
Merchant acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms. Merchant further acknowledges that this Agreement is the complete and exclusive statement of the agreement between the parties and supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.
MERCHANT SPECIFICALLY ACKNOWLEDGES AND AGREES TO THE DISCLAIMER OF WARRANTIES IN SECTION 16, THE LIMITATION OF LIABILITY IN SECTION 17, THE INDEMNIFICATION OBLIGATIONS IN SECTION 18, AND THE ARBITRATION AGREEMENT IN SECTION 20.
End of Terms of Service
Contact Information: Platoon LLC dba Gunly Email: support@gunly.com 5448 Apex Peakway, Suite 133, Apex, NC 27502
DMCA Copyright Agent: Email: support@gunly.com
