Terms of Service

Last updated: 2026-05-12

DRAFT — counsel review recommended for the limitation of liability, dispute resolution, and the custom-product return treatment under Minnesota law. [BUSINESS_ADDRESS] is still a placeholder.

These Terms of Service ("Terms") govern your use of gumgear.com (the "Site") and any purchase you make from GumGear LLC ("GumGear", "we", "us", or "our"), a Minnesota limited liability company. By using the Site or placing an order, you agree to these Terms.

1. Eligibility

You must be at least 18 years old (or the legal age of majority in your jurisdiction) to place an order. Mouthguards may be ordered for minors, but the order must be placed by a parent or legal guardian.

2. Account registration

You may create an account to track orders and save designs. You are responsible for safeguarding your password and for all activity under your account. Notify us immediately if you suspect unauthorized access.

3. Products and custom-fit nature

GumGear mouthguards are custom-made to order based on the dental impression you provide. Because each guard is unique to your bite, we cannot resell or restock a guard once it has been manufactured. See our Refund Policy for details on what we can and cannot accept back, and our Fit Guarantee.

Product photography is for illustrative purposes. Minor variations in color, finish, and the placement of custom artwork or text are inherent to a handmade product.

4. Ordering and payment

When you place an order:

  • You confirm the design choices, colors, artwork, and text shown at checkout.
  • You authorize us to charge the payment method you provided for the order total, including taxes and shipping.
  • We send an order confirmation by email. Manufacture begins once we receive your dental impression by mail.
  • Pricing, taxes, and shipping costs are displayed at checkout. We reserve the right to correct pricing errors before fulfillment; if a corrected price is materially different, we will contact you for confirmation before proceeding.

5. Acceptable design content

You may not upload artwork or text that:

  • Infringes a third party's copyright, trademark, or other intellectual-property rights.
  • Promotes hate speech, discrimination, violence, or unlawful activity.
  • Contains sexually explicit, threatening, defamatory, or otherwise objectionable content.

We may refuse to manufacture any design at our sole discretion. If a design is refused after payment, we will refund the order in full and notify you by email.

By uploading artwork or text, you represent that you own or are licensed to use it, and you grant us a non-exclusive license to reproduce it solely on the product you ordered.

6. Shipping and delivery

See our Shipping Policy for current turnaround times, carriers, and international availability.

7. Intellectual property

The Site, including its design, code, copy, photography, and trademarks (including the name "GumGear"), is owned by GumGear LLC or its licensors and is protected by intellectual-property law. You may not copy, modify, or distribute Site content without prior written consent.

8. Disclaimers

GumGear mouthguards are designed to reduce, but cannot eliminate, the risk of dental injury during athletic activity. No mouthguard guarantees protection from all impacts. Use the product as intended and replace it when it shows signs of wear (see our care and replacement guidance in the Mouthguard lifespan blog post).

The Site is provided "as is" and "as available" without warranty of any kind, except as required by applicable law.

9. Limitation of liability

To the maximum extent permitted by law, GumGear's total liability for any claim arising from these Terms or your purchase is limited to the amount you paid for the product giving rise to the claim. We are not liable for indirect, incidental, special, or consequential damages.

Some jurisdictions do not allow these limitations; they apply only to the extent permitted.

10. Indemnity

You agree to indemnify and hold GumGear harmless from any claim arising from your violation of these Terms or your misuse of the Site or product.

11. Termination

We may suspend or close your account if you violate these Terms or use the Site to harm us or other users.

12. Governing law and disputes

These Terms are governed by the laws of the State of Minnesota, USA, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Minnesota, unless your local consumer-protection law requires otherwise.

13. Changes

We may update these Terms from time to time. Material changes will be communicated by email or a prominent site notice. Continued use of the Site after a change constitutes acceptance.

14. Contact

Questions about these Terms: contact@gumgear.com. Mailing address: [BUSINESS_ADDRESS] (to be added).