Terms of service
Terms of Service
Last updated: [DATE] (set this before publishing). Governing law is Wyoming and the business address is set. This is a tailored starting point, not legal advice; have it reviewed, especially the Subscriptions/Auto-Renewal, Food & Allergens, Limitation of Liability, and Governing Law sections.
Overview
Welcome to GILD. GILD is a brand owned and operated by Gilded LLC (the terms "GILD," "we," "us," and "our" refer to Gilded LLC). We operate this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). GILD is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as subscriptions, warranty disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
We currently sell and ship within the United States only.
Section 1 — Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, and that you have given us consent to allow any minor dependents to use the Services on devices you own or manage.
To use the Services — including browsing our store or purchasing products — you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.
Section 2 — Our Products
We have made every effort to represent our products accurately. However, colors and product appearance may differ from how they appear on your screen depending on your device and its settings. We do not warrant that the appearance or quality of any product will meet your expectations or match exactly how it appears in our store. All product descriptions are subject to change at any time, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person or geographic region on a case-by-case basis.
Section 3 — Food Products, Allergens, and Intended Use
GILD products are food intended for cooking. You are responsible for reviewing each product's label and ingredient list before purchase and use. Please note that our Ghee contains milk (a dairy allergen), and our products are rendered animal fats produced in a facility that handles animal-derived ingredients. If you have an allergy, sensitivity, or dietary restriction, review the ingredients carefully before purchasing or using a product.
Use and store products as directed on the label. GILD makes no medical or health claims about its products; nothing in the Services is intended as nutritional, medical, or dietary advice. You are responsible for using our products safely and appropriately in your own kitchen.
Section 4 — Orders
When you place an order, you are making an offer to purchase. GILD reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before an order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.
If we do not accept, change, or cancel an order, we will attempt to notify you using the email or billing information provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.
Section 5 — Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices are in U.S. dollars and do not include taxes, shipping, or handling. We may, from time to time, offer promotions governed by separate terms; if those terms conflict with these Terms, the promotion terms govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases, and to promptly update it as needed so we can complete your transactions and contact you. You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method; (iii) charges you incur will be honored by your payment provider; and (iv) you will pay all charges at the posted prices, including shipping, handling, and applicable taxes.
Section 6 — Subscriptions and Auto-Renewal
If you enroll in a subscription (for example, "Subscribe & Save"), you are signing up for a recurring order on the schedule you select.
- Authorization to charge. You authorize us (and our payment processors) to automatically charge your payment method on a recurring basis — at the then-current subscription price plus applicable taxes and shipping — for each order, until you cancel.
- Ongoing term. Your subscription continues automatically until canceled. The price may change over time; we will provide notice of any price change as required by law before it takes effect.
- Manage, skip, or cancel. You may skip, reschedule, modify, or cancel your subscription at any time from your account, or by emailing hello@usegild.com, as long as you do so before your next order processes (the date shown in your account). Cancellation stops future orders; it does not refund orders that have already been billed and shipped, which are handled under our Refund Policy.
- Reminders. Where required by applicable law, we will send renewal or billing reminders to the email on your account.
It is your responsibility to keep your payment and contact information current so subscription orders can be processed and so we can reach you.
Section 7 — Shipping and Delivery
We ship within the United States only. All delivery times are estimates only and are not guaranteed. We are not liable for shipping or delivery delays, including delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you. Damaged, lost, or defective shipments are handled under our Refund Policy.
Section 8 — Intellectual Property
Our Services — including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof — are owned by GILD, its affiliates, or its licensors, and are protected by U.S. and foreign copyright, trademark, and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.
GILD's names, logos, product and service names, designs, and slogans are trademarks of Gilded LLC or its affiliates or licensors, and may not be used without our prior written permission. Shopify's name, logo, and marks are trademarks of Shopify. All other marks on the Services are the property of their respective owners. All rights not expressly granted are reserved.
Section 9 — Optional Tools
You may be provided access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available," without warranties or endorsement of any kind, and we have no liability arising from your use of them. Any use of optional third-party tools is at your own risk, and you should review the relevant third party's terms. New features we add in the future are also subject to these Terms.
Section 10 — Third-Party Links
The Services may contain links to websites or content provided or operated by third parties. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm related to your use of third-party sites or your purchase or use of third-party products. Review third parties' policies before transacting with them, and direct any complaints about third-party products or services to that third party.
Section 11 — Relationship with Shopify
GILD is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with GILD. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and GILD, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with GILD.
Section 12 — Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services in order to provide and improve them.
Section 13 — Feedback and Reviews
If you submit any ideas, suggestions, feedback, reviews, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use. You represent and warrant that (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentive you received in connection with submitting it; and (iii) your Feedback complies with these Terms.
We are under no obligation to keep Feedback confidential, to compensate you for it, or to respond to it. We may (but are not required to) monitor, edit, or remove Feedback we determine to be unlawful, offensive, misleading, or otherwise objectionable. You agree your Feedback will not violate any third party's rights or contain unlawful, abusive, or obscene material or any malware, and that you will not misrepresent your identity or the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy.
Section 14 — Errors, Inaccuracies, and Omissions
Occasionally information in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).
Section 15 — Prohibited Uses
You may use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any laws, rules, or regulations; (c) to infringe the intellectual property rights of GILD or others; (d) to harass, abuse, defame, or harm any person; (e) to transmit false or misleading information; (f) to use material that does not comply with these Terms; (g) to send spam, chain letters, or unsolicited promotional material; (h) to impersonate any person or entity; or (i) to engage in conduct that restricts anyone's use of the Services or that may harm GILD, Shopify, or other users.
You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, copy, resell, or exploit any portion of the Services; (c) collect or track others' personal information; (d) spam, phish, or pretext the Services; (e) use any scraping or data-extraction tools, or AI tools, except as permitted under Section 16; or (f) interfere with or circumvent the security features of the Services. We may suspend, disable, or terminate your account at any time, without notice, if we determine you have violated these Terms.
Section 16 — Agents
16.1 This section ("Agent Terms") applies if you use, enable, or cause the deployment of an Agent to access or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed without direct supervision.
16.2 No Agent may access or interact with the Services unless it identifies itself and operates in strict accordance with Section 16.4. No Agent may access the Services if we have requested that it refrain from doing so.
16.3 We may limit, including by technical measures, whether and how any Agent accesses or interacts with the Services.
16.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent's name in the user-agent string as "Agent/[agent name]"; (ii) not conceal or obfuscate that interactions are from an Agent, including by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent any measure intended to block, limit, or control how Agents interact with the Services.
Section 17 — Termination
We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
Section 18 — Disclaimer of Warranties
Information presented through the Services is made available for general information purposes only. We do not warrant its accuracy, completeness, or usefulness, and any reliance on it is at your own risk.
EXCEPT AS EXPRESSLY STATED BY GILD, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
Section 19 — Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL GILD (GILDED LLC), OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND — INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Section 20 — Indemnification
You agree to indemnify, defend, and hold harmless GILD, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We may control the defense of any such claim at your expense and will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate in the defense of any indemnified claim.
Section 21 — Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity of the remaining provisions.
Section 22 — Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with any policies posted by us, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements. Any ambiguities shall not be construed against the drafting party.
Section 23 — Assignment
You may not transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt is void. We may transfer or assign these Terms and our rights and obligations without consent or notice to you.
Section 24 — Governing Law
These Terms and any separate agreements through which we provide you Services are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict-of-laws principles. You and GILD consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Wyoming for any dispute arising out of or relating to these Terms or the Services.
Section 25 — Headings
The headings in this agreement are for convenience only and do not limit or otherwise affect these Terms.
Section 26 — Changes to Terms of Service
You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. We will notify you of any material changes as required by applicable law, and such changes will be effective on the date specified. Your continued use of the Services after changes are posted constitutes acceptance of those changes.
Section 27 — Contact Information
Questions about these Terms of Service should be sent to hello@usegild.com. Our contact information:
Gilded LLC (GILD) hello@usegild.com 1621 Central Ave, Cheyenne, WY 82001