Terms of Service

Effective date: <<YYYY-MM-DD>>

These Terms of Service ("Terms") are a binding agreement between you and <<Operator Legal Name — e.g., Andrew Nayerji>> ("Operator," "we," "us") and govern your access to and use of the ArmorY platform at <<https://armory.example.com>> (the "Platform"). By creating an account, posting a listing, submitting an offer, or otherwise using the Platform, you agree to these Terms.

If you do not agree to these Terms, do not use the Platform.

1. What ArmorY is — and what it is not

ArmorY is a communication platform. It exists to help firearms owners and prospective firearms purchasers find each other, view publicly listed items, and exchange messages and price proposals.

ArmorY is not:

• a seller, broker, or dealer of firearms or ammunition
• a federal firearms licensee (FFL)
• an escrow service, payment processor, or shipping carrier
• a verifier of identity, age, residency, or legal eligibility to own, purchase, sell, transfer, or possess any firearm
• a party to any sale, trade, gift, or other transfer that may be discussed, negotiated, or arranged through the Platform

The Platform's role ends when two users start communicating. Every detail of any transaction — including but not limited to verification of identity, verification of legal eligibility, payment terms, payment method, shipment, FFL transfer, in-person pickup, return, refund, dispute resolution, warranty, and tax — is the sole responsibility of the parties to that transaction. The Operator is not a party to any such transaction and assumes no responsibility for it.

This framing is not a marketing position. It is the legal nature of the service. Your acceptance of these Terms is your acknowledgment that you understand the Platform's role is limited to communication.

2. Eligibility

You may use the Platform only if all of the following are true:

1. You are at least eighteen (18) years old, or twenty-one (21) years old if your activity on the Platform involves any handgun or any transaction in which you would be the prospective transferee of a handgun.
2. You are a lawful resident of the United States and reside in a state in which firearms ownership and transfer (as relevant to your activity) is legal.
3. You are not a "prohibited person" within the meaning of 18 U.S.C. § 922(g), including (without limitation) any person who:
   • has been convicted of a felony or a misdemeanor crime of domestic violence
   • is a fugitive from justice
   • is an unlawful user of, or addicted to, any controlled substance
   • has been adjudicated mentally defective or committed to a mental institution
   • is unlawfully present in the United States
   • has been dishonorably discharged from the U.S. Armed Forces
   • is subject to a qualifying restraining order
   • has renounced U.S. citizenship
4. You are not subject to any state-law prohibition that would bar your ownership, possession, transfer, or purchase of any firearm in the activity you intend to engage in on the Platform.
5. You have the legal capacity to enter into a binding contract.

By creating an account you represent and warrant that all of the above are true and that they will remain true for as long as your account is active. If any of these become untrue, you must immediately stop using the Platform and close your account.

3. Accounts

Accounts are created via Google Sign-In. You are responsible for maintaining the security of the Google account associated with your ArmorY account. The Operator may suspend or terminate any account at any time, with or without notice, for any reason or no reason, including but not limited to a good-faith belief that the account holder has violated these Terms or applicable law.

There are two roles on the Platform:

• Operator-side accounts ("Owners," "Shop Operators") — accounts authorized by the Operator to maintain a Shop and list items. Authorization is at the Operator's sole discretion.
• Buyer accounts — any other authenticated user who can browse public Shops and submit offers.

These roles are technical and convenience labels. Both roles are subject to all of these Terms.

4. Listings (Sellers)

When you list an item on a Shop you operate, you represent and warrant that:

1. You are the lawful owner of the item, with full right and authority to transfer it.
2. You are not a prohibited person under 18 U.S.C. § 922(g) or any analogous state law.
3. The listing accurately describes the item and does not omit any material fact you know would affect a reasonable buyer's decision.
4. The item is not a Title II firearm under the National Firearms Act (machine guns, short-barreled rifles, short-barreled shotguns, suppressors, destructive devices, or "any other weapons") unless you have read and complied with all applicable NFA registration and transfer requirements and you disclose the item's NFA status prominently in the listing. [REVIEW: operator may want to ban NFA listings outright — simpler]
5. You will comply with all federal, state, and local laws governing the transfer of the listed item, including but not limited to:
   • the Gun Control Act of 1968 and its requirement that any interstate transfer of a firearm be conducted through a licensed federal firearms dealer
   • the Brady Handgun Violence Prevention Act background-check requirement (where applicable)
   • all state-law restrictions on the configuration, capacity, and features of the item that apply to the buyer's jurisdiction
6. You will not knowingly transfer the item to any prohibited person.
7. You will not use the Platform to facilitate, advertise, or arrange any transfer that you know or should know is illegal.

You acknowledge that the Operator does not verify any of the above and that the Operator's role is limited to providing the listing as a communication channel.

5. Offers (Buyers)

When you submit an offer on a listing, you represent and warrant that:

1. You meet the eligibility requirements in Section 2.
2. You are not submitting the offer on behalf of a prohibited person (a "straw purchase" is a federal crime).
3. You will arrange any transfer through a licensed federal firearms dealer (FFL) in your state of residence and at your own cost, where federal or state law requires.
4. You will not transport, take possession of, or use the firearm in any manner that would violate federal, state, or local law in your jurisdiction or in any jurisdiction the firearm passes through.
5. You acknowledge that an offer is not a binding contract and that no transaction occurs through the Platform itself; an "accepted" offer is merely an indication that the seller is willing to discuss the transaction further with you, off-Platform.
6. You will not initiate, complete, or attempt any sale, transfer, or payment without first independently verifying — to your own satisfaction — the seller's identity, the item's legitimacy, and the legality of the proposed transfer.

6. Acceptance of an offer is not a sale

When a seller marks your offer as "Accepted," the seller is indicating only that they are willing to communicate with you about completing a transfer off-Platform. No sale, transfer of title, or transfer of possession occurs on the Platform. All of the following must be arranged directly between you and the other party, off-Platform, after acceptance:

• Verification of each other's identity (government-issued photo ID at minimum)
• Verification of each other's eligibility under federal and state law
• Selection of, and payment of fees to, a federal firearms dealer (FFL) for the transfer
• Background check, where required
• Payment terms, payment method, and timing
• Pickup, shipment, or in-person meeting logistics
• Insurance during shipment, if any
• Tax obligations
• Any warranty, return, or refund terms
• Resolution of any dispute that arises before, during, or after the transfer

The Platform displays both parties' contact email addresses (and any other contact info each chooses to share) after acceptance to enable off-Platform communication. The Platform does not monitor, mediate, or verify any communication or transaction that occurs off-Platform.

If a seller accepts your offer and the transaction does not complete, your remedy (if any) is against the other party, not against the Operator. The Operator is not a party to the transaction.

7. Prohibited uses

You may not use the Platform to:

1. List, offer, advertise, sell, transfer, or solicit any item that you may not lawfully transfer under federal, state, or local law.
2. Knowingly transfer a firearm to a person you know or have reason to know is a prohibited person.
3. Conduct an interstate transfer of a firearm without using a licensed federal firearms dealer in the buyer's state of residence, except as expressly permitted by federal law.
4. Conduct a "straw purchase" or facilitate one, including by listing an item you intend to transfer to a third party, or by submitting an offer for someone else.
5. List or offer any National Firearms Act item except in full compliance with NFA registration and transfer rules [REVIEW: or remove NFA entirely — see Section 4(4)].
6. List or offer any item, accessory, or component the sale, possession, or transfer of which is restricted in either party's jurisdiction (e.g., high-capacity magazines, certain configurations, etc.).
7. Misrepresent any item, your identity, your eligibility, or any other material fact.
8. Harass, threaten, intimidate, or stalk any other user.
9. Scrape, crawl, mass-download, or systematically extract data from the Platform.
10. Interfere with the Platform's operation, security, or integrity, including by submitting malicious files, attempting to access accounts you are not authorized to access, or transmitting malware.
11. Use the Platform in any way that violates any applicable law.

The Operator may, at its sole discretion and without notice, remove any listing, offer, message, or other content; suspend or terminate any account; and report any user to law enforcement at any time, for any reason or no reason.

8. User content

You retain ownership of the content you post (listings, photos, videos, descriptions, messages, etc.) ("User Content"). By posting User Content you grant the Operator a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, publish, display, and distribute that content for the purpose of operating the Platform. This license terminates when you remove the content, except (a) to the extent the content has been shared with another user before removal, and (b) the Operator may retain backups for a reasonable period for operational and recovery purposes.

You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe any third party's rights or violate any law.

9. Disclaimer of warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE OPERATOR MAKES NO WARRANTY OR REPRESENTATION:

• THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THAT ANY USER, LISTING, OR ITEM IS WHAT IT APPEARS TO BE
• THAT ANY USER IS ELIGIBLE TO USE THE PLATFORM OR TO BUY OR SELL ANY ITEM
• THAT ANY TRANSACTION DISCUSSED OR ARRANGED THROUGH THE PLATFORM WILL BE COMPLETED, OR THAT ITS COMPLETION WILL BE LAWFUL
• THAT ANY USER CONTENT IS ACCURATE, COMPLETE, OR FREE OF DEFAMATION OR INFRINGEMENT

You are solely responsible for evaluating other users, listings, items, and proposed transactions, and for verifying every fact you rely on.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. THE OPERATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. WITHOUT LIMITING THE FOREGOING, THE OPERATOR SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR INJURIES ARISING OUT OF OR RELATED TO:
   • ANY TRANSACTION DISCUSSED, NEGOTIATED, OR ARRANGED THROUGH THE PLATFORM, WHETHER OR NOT COMPLETED
   • ANY USER'S CONDUCT, ON-PLATFORM OR OFF-PLATFORM
   • ANY MISREPRESENTATION, FRAUD, OR ILLEGAL ACT BY ANY USER
   • ANY FIREARM, AMMUNITION, OR ACCESSORY THAT IS THE SUBJECT OF A LISTING OR OFFER, INCLUDING ANY DEFECT, MALFUNCTION, MISUSE, ACCIDENT, OR INJURY
   • ANY CRIMINAL ACT INVOLVING ANY ITEM THAT WAS THE SUBJECT OF A LISTING OR OFFER
   • ANY VIOLATION OF FEDERAL, STATE, OR LOCAL LAW BY ANY USER
3. THE OPERATOR'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00), OR THE TOTAL AMOUNT (IF ANY) YOU HAVE PAID THE OPERATOR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above may not apply to you. In those jurisdictions the Operator's liability is limited to the maximum extent permitted by law.

[REVIEW: limitation amount and the entire structure of this section require attorney input — different states give effect to liability caps differently.]

11. Indemnification

You agree to defend, indemnify, and hold harmless the Operator and the Operator's affiliates, officers, employees, and agents from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. your use of or access to the Platform
2. your violation of these Terms
3. your violation of any law or any third party's rights
4. any User Content you post
5. any transaction you discuss, negotiate, attempt, or complete with another user, whether on or off the Platform
6. any item you list, offer, sell, transfer, possess, or use in connection with the Platform
7. any injury, death, or property damage caused by any item that was the subject of a listing or offer

The Operator reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with the Operator in asserting any available defenses.

12. Privacy

Your use of the Platform is also governed by our Privacy Policy, available at <<https://armory.example.com/privacy>> and reproduced in legal/PRIVACY.md of the source repository. By using the Platform you consent to the data practices described there.

13. Termination

The Operator may suspend or terminate your account, or stop providing the Platform entirely, at any time, with or without notice, for any reason or no reason. Upon termination, your right to use the Platform ends immediately. Sections that by their nature should survive termination — including Sections 8 (User Content), 9 (Disclaimer), 10 (Limitation), 11 (Indemnification), and 14 (Disputes) — shall survive.

You may close your account at any time. Account closure does not affect the rights and obligations that accrued before closure.

14. Disputes; governing law; arbitration

These Terms are governed by the laws of the State of <<State>> and of the United States, without regard to conflict-of-law principles.

[REVIEW: arbitration / class-action-waiver clauses are jurisdiction-sensitive and should be drafted with attorney input. The clauses below are illustrative only.]

Mandatory binding arbitration. Any dispute, claim, or controversy arising out of or related to these Terms or the Platform shall be resolved exclusively by individual binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in <<County, State>>, or by video conference at the claimant's election. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and the Operator each waive any right to bring or participate in any class, collective, or representative action arising out of or related to these Terms or the Platform. All disputes must be brought individually.

Exception. Either party may bring an individual action in small-claims court for any dispute within that court's jurisdiction.

15. Changes

The Operator may modify these Terms at any time. The Operator will post the updated Terms at this URL and update the Effective Date. Material changes will be communicated by in-app notice or email at least seven (7) days before they take effect. Your continued use of the Platform after the effective date constitutes your acceptance of the modified Terms.

16. Miscellaneous

• Entire agreement. These Terms (together with the Privacy Policy) constitute the entire agreement between you and the Operator concerning the Platform.
• No waiver. The Operator's failure to enforce any provision is not a waiver of that provision.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• Assignment. You may not assign these Terms. The Operator may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No agency. Nothing in these Terms creates any partnership, employment, agency, or joint-venture relationship between you and the Operator.
• Headings. Headings are for convenience only and do not affect interpretation.

17. Contact

Questions about these Terms? Contact <<[email protected]>>.

Acceptance

By clicking "I agree" at sign-up — and again, separately, before posting your first listing or submitting your first offer — you confirm that you have read, understood, and agreed to these Terms in full.