Terms of Use of Gap Factory

These Terms of Use (“Terms”) govern your access to and use of the Gap Factory website (the “Site”), including all content, features, and services available on or through the Site. By accessing or using the Site, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase. If you do not agree to these Terms, you may not access or use the Site.

1. Eligibility

To use the Site, you must be at least 13 years of age. If you are between 13 and 18 years old, you must have the consent of a parent or legal guardian to use the Site, and such parent or legal guardian must agree to these Terms on your behalf. By using the Site, you represent and warrant that you meet these eligibility requirements and that all information you provide to us is accurate, complete, and current.

2. Account Registration and Security

2.1 Account Creation

To access certain features of the Site (e.g., placing orders, saving shipping addresses, subscribing to newsletters), you may need to create a user account. When creating an account, you must provide a valid email address and choose a secure password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Account Responsibilities

You agree to:

  • Use a strong, unique password for your account and update it regularly;
  • Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account;
  • Not share your account credentials with any third party;
  • Accept responsibility for all actions taken under your account, including any purchases or communications made using your account.

We reserve the right to suspend or terminate your account at any time if we suspect unauthorized use, violation of these Terms, or fraudulent activity.

3. Permitted Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. Permitted uses include:

  • Browsing the Site to view product information, prices, and promotions;
  • Creating an account to manage orders, save preferences, and receive updates;
  • Placing orders for products in compliance with our Terms of Purchase;
  • Subscribing to our email newsletters (if you choose to do so);
  • Contacting our customer service team for assistance.

4. Prohibited Uses

You agree not to use the Site for any of the following prohibited activities:

  • Violating any applicable laws, regulations, or third-party rights (including intellectual property rights);
  • Accessing, modifying, or attempting to bypass any security features or technical restrictions of the Site;
  • Using automated tools (e.g., bots, crawlers, scrapers) to access, collect, or copy content from the Site without our prior written permission;
  • Uploading, posting, or transmitting any harmful, offensive, fraudulent, or inappropriate content (e.g., malware, spam, hate speech, false information);
  • Impersonating any person or entity, or falsifying your affiliation with a person or entity;
  • Interfering with the operation of the Site, including disrupting server functionality or overloading the Site with excessive traffic;
  • Attempting to gain unauthorized access to other users’ accounts or the Site’s internal systems;
  • Using the Site to engage in any fraudulent or deceptive practices (e.g., placing fake orders, stealing payment information).

We may take immediate action to stop prohibited uses, including blocking your access to the Site, without prior notice.

5. Intellectual Property Rights

All content on the Site, including but not limited to text, images, logos, trademarks, product designs, graphics, and software (collectively, “Intellectual Property”), is owned by Gap Factory or its licensors. These Intellectual Property rights are protected by copyright, trademark, and other applicable laws worldwide.

You may not reproduce, distribute, modify, display, perform, or create derivative works of any Intellectual Property on the Site without our prior written permission. The use of our trademarks (e.g., “Gap Factory”) is strictly prohibited unless authorized by us.

6. Third-Party Links and Content

The Site may contain links to third-party websites, services, or content (collectively, “Third-Party Materials”). These links are provided for your convenience only, and we do not control or endorse Third-Party Materials. We are not responsible for the accuracy, legality, or content of Third-Party Materials, and your use of Third-Party Materials is at your own risk. We encourage you to review the terms of use and privacy policies of any third-party websites you visit.

7. Site Availability and Updates

We strive to make the Site available 24/7, but we do not guarantee that the Site will be uninterrupted, error-free, or free from defects. We may temporarily suspend or restrict access to the Site for maintenance, updates, or technical issues without prior notice. We reserve the right to modify, add, or remove features, content, or services on the Site at any time, and such changes will take effect immediately upon posting.

8. Disclaimer of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
  • WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
  • WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF CONTENT ON THE SITE.

We do not warrant that products purchased through the Site will meet your expectations, and any product warranties are provided separately in accordance with our Terms of Purchase.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAP FACTORY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO:

  • DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT;
  • DAMAGES FROM TECHNICAL FAILURES, SITE DOWNTIME, OR LOSS OF DATA;
  • DAMAGES RELATED TO THE USE OR INABILITY TO USE THE SITE OR ITS FEATURES;
  • DAMAGES FROM RELIANCE ON CONTENT OR THIRD-PARTY MATERIALS ON THE SITE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF THESE TERMS SHALL NOT EXCEED $100. THIS LIMITATION OF LIABILITY APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Gap Factory, its affiliates, employees, directors, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:

  • Your use of the Site or violation of these Terms;
  • Your account activities (including unauthorized use by others);
  • Your violation of any third-party rights (e.g., intellectual property rights, privacy rights);
  • Any content you upload, post, or transmit on the Site.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business practices, applicable laws, or industry standards. When we make changes, we will revise the “Last Updated” date at the top of these Terms and post the updated version on the Site. Your continued use of the Site after the updated Terms are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any changes.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall first be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation, you agree to submit the dispute to binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding. You waive any right to a jury trial in connection with any dispute arising under these Terms.

13. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Use or your use of the Site, please contact our customer service team at:

We will respond to your inquiry as promptly as possible.