Standard terms governing GAP Industries Concierge self-serve subscription plans ($97, $197, and $397 per month). These terms do not govern The GAP done-for-you build engagement, which is subject to a separate Build and Delivery Agreement.
This is a subscription with automatic monthly billing. By executing this agreement and providing a payment method, you authorize GAP Industries LLC to charge your payment method every month on the same date, at the monthly rate for your elected tier ($97, $197, or $397 per month), until you cancel.
To cancel: You must send a written cancellation notice by email to Sales@gapindustriesllc.com at least 30 days before your next billing date. Cancellation takes effect 30 days after GAP Industries confirms receipt. Monthly charges continue through the notice period. No partial-month refunds are issued.
Your first month's subscription fee is non-refundable under all circumstances.
Non-payment: If a payment fails, you have a 7-day cure period to bring the account current before access may be suspended (see Section 2.4). Three failed billing attempts within any 30-day cycle trigger a cancellation notice. See Section 2.4 for full payment terms.
GAP Industries provides Client with a hosted, subscription-based access license to GAP Industries’ proprietary Progressive Web Application (“PWA”) platform, digital sales infrastructure, and associated managed services (collectively, the “Platform”). The Platform is operated by and remains at all times the exclusive property of GAP Industries LLC. Nothing in this Agreement conveys, transfers, assigns, or licenses to Client any ownership interest, intellectual-property right, title, or equity in the Platform, its underlying codebase, infrastructure, or any GAP Industries software, systems, tooling, data models, or AI configurations.
Client receives a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during the active Subscription Term solely for Client’s own internal business operations. This license is co-terminus with Client’s paid subscription and terminates automatically upon cancellation, suspension, or expiration — no residual access rights survive.
All Platform components — website hosting, CDN, WAF, SSL provisioning, database, CRM records, lead data structures, AI configurations, API integrations, and any other infrastructure provisioned by GAP Industries in connection with Client’s deployment — are hosted on GAP Industries-managed infrastructure. Client does not receive root access, administrative credentials, or server-level access to any GAP Industries infrastructure. Client’s data stored within the Platform is governed by the data export and purge provisions in Section 4.
GAP Industries reserves the right to modify, update, or deprecate Platform features at any time with reasonable advance notice (minimum 14 days for material changes). GAP Industries will not materially degrade the core functionality of Client’s active tier without 30 days written notice.
The Platform facilitates Client’s digital sales and marketing operations. GAP Industries is not a licensed attorney, financial advisor, marketing agency, or regulated service provider. Nothing delivered through the Platform constitutes legal, financial, compliance, or professional advice. Client is solely responsible for ensuring its own business operations, advertising, data handling, and consumer interactions comply with all applicable laws.
Client elects one of the following monthly subscription tiers at signing:
| Tier | Monthly Fee |
|---|---|
| Concierge ($97/mo) | $97.00/month |
| Concierge ($197/mo) | $197.00/month |
| Concierge ($397/mo) | $397.00/month |
Detailed feature inclusions per tier are described in the then-current GAP Industries Services & Pricing schedule, available at gapindustriesllc.com/pricing. GAP Industries may update tier feature sets with 30 days written notice; pricing changes are governed by Section 2.6.
Subscriptions are billed monthly and auto-renew automatically on the same calendar date each month. By entering this Agreement and providing a payment method, Client expressly authorizes GAP Industries to charge Client’s payment method on file on each monthly renewal date without further action or notice from either party. This auto-renewal continues indefinitely until the subscription is cancelled per Section 3.
GAP Industries will charge Client’s credit card, ACH account, or other payment method on file (a) the first month’s Subscription Fee at signing, and (b) each subsequent monthly Subscription Fee on the monthly anniversary of the date Client’s environment was first deployed. Client is responsible for maintaining a current, valid payment method on file at all times. GAP Industries will attempt to notify Client of a failed charge via the email address on file, but is not required to do so before exercising its rights under Section 2.4.
If a monthly Subscription Fee payment fails for any reason:
Overdue balances accrue interest at 1.5% per month (18% per annum) or the maximum rate permitted by Arizona law, whichever is lower, from the original due date until paid in full.
GAP Industries may adjust Subscription Fees on not less than 60 days written notice to Client. Client’s continued use of the Platform after the effective date of a price increase constitutes acceptance of the new pricing. If Client does not accept the new pricing, Client must cancel per Section 3 before the new pricing takes effect; any cancellation notice under this section is still subject to the 30-day notice requirement in Section 3.1.
Client may cancel this Agreement at any time by providing 30 days advance written notice to GAP Industries. Notice must be delivered by email to Sales@gapindustriesllc.com with the subject line: “CANCELLATION NOTICE — [Client Business Name].” For purposes of this Agreement, “written notice” means a direct email from Client’s email address of record to the foregoing address; chat messages, verbal communications, social media contacts, or any other channel do not constitute written notice and do not start the notice period. The cancellation is not effective until GAP Industries has confirmed receipt in writing.
Monthly Subscription Fees continue to accrue and will be charged during the 30-day notice period. The notice period does not pause billing. The cancellation effective date is 30 days from the date GAP Industries confirms receipt of Client’s written notice.
After a cancellation notice is confirmed, GAP Industries will not issue refunds for any partial months, unused days, or prorated billing periods. The final billing cycle that includes the cancellation effective date will be charged in full.
On the cancellation effective date (30 days after confirmed notice):
Client’s data — lead records, customer contact information, form submissions, and CRM activity history — belongs to Client and will be delivered per Section 4. The Platform codebase, hosting infrastructure, AI configurations, design system, and operational tooling remain GAP Industries’ exclusive property and are not transferable to Client upon cancellation.
Upon receipt of a valid cancellation notice under Section 3.1, GAP Industries will prepare and deliver to Client a data export containing: (a) all lead records and CRM contact data in CSV or JSON format; (b) Client’s content assets (uploaded images, documents) in their original format; and (c) a site configuration summary. GAP Industries will make this export available to Client within 14 days of confirmed cancellation notice. GAP Text add-on clients: your opt-in list is included in the export per CTIA requirements.
Client is responsible for downloading and preserving its data export within the 14-day window provided. GAP Industries is not responsible for Client’s failure to retrieve its export before the purge deadline.
Following the cancellation effective date, GAP Industries will purge Client’s operational data (lead records, CRM data, form submissions, uploaded content) from active Platform systems within 30 days of the cancellation effective date. GAP Industries retains the right to retain audit logs, payment records, system logs, and any records required for legal compliance for up to 7 years, consistent with standard recordkeeping practices.
After the purge period, GAP Industries has no obligation to and will not attempt to recover, reconstruct, or re-export Client data. Client’s failure to retrieve its export within the 14-day window in Section 4.1 does not extend the purge timeline or create any liability for GAP Industries.
GAP Industries may terminate this Agreement for any reason or no reason on 30 days written notice to Client. In the event of GAP Industries-initiated termination for convenience: (a) GAP Industries will continue providing Platform access through the 30-day notice period; (b) Client will receive the data export described in Section 4; and (c) GAP Industries will refund any pre-paid Subscription Fees attributable to the period after the termination effective date, on a pro-rated basis.
GAP Industries may terminate this Agreement immediately and without notice upon the occurrence of any of the following:
Upon immediate termination under Section 5.2: (a) all Client access is revoked; (b) GAP Industries will make a best-effort attempt to provide Client with a data export within 14 days; (c) no refund of any paid fees is owed to Client; and (d) all outstanding balances become immediately due and payable.
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” GAP INDUSTRIES MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GAP INDUSTRIES DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF SECURITY VULNERABILITIES. NO ORAL OR WRITTEN ADVICE FROM GAP INDUSTRIES OR ITS REPRESENTATIVES CREATES A WARRANTY.
GAP Industries makes no representation, guarantee, or promise regarding Client’s business outcomes, marketing performance, lead volume, conversion rates, sales results, revenue, profitability, or any other commercial metric. The Platform is infrastructure; business results depend on factors entirely outside GAP Industries’ control, including Client’s products, pricing, sales team, market conditions, advertising spend, and competitive landscape.
The Platform integrates with or depends upon third-party services including but not limited to Meta (Facebook/Instagram), Anthropic, Cloudflare, Stripe, Google, and email delivery providers. GAP Industries is not responsible for downtime, data loss, policy changes, rate limits, or any failure of any third-party service, regardless of the impact on Client’s Platform access or business operations.
GAP INDUSTRIES’ TOTAL AGGREGATE LIABILITY TO CLIENT UNDER OR ARISING FROM THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), IS LIMITED TO THE TOTAL SUBSCRIPTION FEES PAID BY CLIENT TO GAP INDUSTRIES IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT WILL GAP INDUSTRIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF REPLACEMENT SERVICES, OR ANY OTHER COMMERCIAL LOSS, EVEN IF GAP INDUSTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Client acknowledges that the limitations in Sections 6.4 and 6.5 are a fundamental element of the basis of the bargain between the parties, and that GAP Industries would not enter this Agreement or provide the Platform at the pricing set forth herein absent these limitations.
GAP Industries makes available optional feature add-ons (“Add-On Modules”) that may be purchased separately for an additional monthly fee. Add-On Modules are access licenses, not product purchases. Like the base subscription, they confer no ownership or residual access rights.
Unless a separate Add-On order form specifies otherwise: (a) Add-On Modules are billed monthly alongside the base Subscription Fee; (b) Add-On Module fees are non-refundable; and (c) Add-On Modules are subject to all terms of this Agreement.
Add-On Modules cannot be maintained independently of the base subscription. Upon cancellation or termination of Client’s subscription for any reason, all active Add-On Modules are revoked simultaneously with the base subscription, with no partial refund for any remaining Add-On billing period.
GAP Industries may add, modify, or discontinue Add-On Modules at any time. Discontinuation of an Add-On with 30 days notice entitles Client to a pro-rated refund of any pre-paid Add-On fees attributable to the period after discontinuation.
Client is solely responsible for all content Client provides, uploads, or causes to be displayed through the Platform, including but not limited to: text copy, product or inventory descriptions, images, videos, logos, brand assets, pricing information, promotional claims, legal disclosures, privacy policies, and terms of service (“Client Content”). GAP Industries is not a content publisher, editorial service, or compliance reviewer, and does not review, approve, or vet Client Content before it appears on Client’s Platform deployment.
Client represents and warrants to GAP Industries that: (a) Client owns or has obtained all necessary licenses, rights, permissions, and releases for all Client Content; (b) Client Content does not infringe any third party’s intellectual-property rights, privacy rights, or publicity rights; (c) Client Content does not violate any applicable law, regulation, or platform policy; (d) any testimonials, reviews, or social proof contained in Client Content are truthful and compliant with FTC endorsement guidelines (16 C.F.R. Part 255); and (e) all advertising and promotional claims made through the Platform are truthful, substantiated, and compliant with FTC Act Section 5 (15 U.S.C. § 45) and applicable state consumer-protection law.
Client is solely responsible for determining and providing all legally required disclosures for Client’s business and industry, including but not limited to: privacy policies, terms of service, TCPA consent language, state-specific consumer disclosures, licensing disclosures, and any regulated-industry disclosures. GAP Industries may provide template language as a courtesy; such templates are not legal advice and do not constitute compliance with any legal requirement. Client must consult qualified legal counsel to confirm compliance.
As between GAP Industries and Client, Client is the data controller with respect to any personal data of Client’s end-users and customers collected, processed, or stored through the Platform. GAP Industries operates as a data processor acting on Client’s behalf and at Client’s direction. Client is solely responsible for: (a) compliance with all applicable privacy laws governing the collection and use of consumer data; (b) maintaining a lawful basis for all data collection and processing; (c) responding to consumer data requests (access, deletion, opt-out); and (d) providing consumers with required notice at collection.
Client shall indemnify, defend, and hold harmless GAP Industries LLC, its members, managers, officers, employees, agents, and successors from and against any claim, demand, loss, liability, cost, or expense (including reasonable attorneys’ fees) arising from: (a) Client Content; (b) Client’s breach of any warranty in this Section 8; (c) Client’s violation of applicable law; (d) Client’s data handling practices; or (e) any claim by Client’s end-users or customers relating to Client’s business operations.
GAP Industries may, at its sole and unreviewable discretion, apply some or all of Client’s cumulative Subscription Fee payments as a credit toward the cost of a custom full-build engagement. Any such application is entirely discretionary and is not a contractual right, entitlement, promise, or guarantee. No representation in GAP Industries’ sales materials, website, or verbal communications regarding upgrade credits creates an enforceable obligation unless set forth in a separate signed amendment to this Agreement. Credit accumulates while the account is in good standing, is forfeited upon termination for non-payment, is non-transferable, non-cash, and is applied as an invoice discount at the time Client executes a Custom Build agreement with GAP Industries.
Client agrees not to enter this Agreement in reliance on the availability of any upgrade credit. The existence of this Section 9 is an acknowledgment of a discretionary internal practice only, not a binding commitment.
GAP Industries will use commercially reasonable efforts to maintain Platform availability of 99.9% measured monthly, excluding scheduled maintenance windows, force majeure events, and third-party service outages outside GAP Industries’ reasonable control.
GAP Industries will provide not less than 24 hours advance notice via email for scheduled maintenance windows expected to exceed 30 minutes of Platform unavailability, except in the case of emergency security patches, which may be applied immediately without advance notice.
This Agreement does not include SLA service credits, fee adjustments, or refunds for downtime unless a separate SLA addendum is executed by both parties.
Each party agrees to maintain in confidence and not to disclose to third parties any non-public business information of the other party disclosed in connection with this Agreement, including pricing, client lists, system configurations, and business strategies. This obligation survives termination of this Agreement for two (2) years. Each party may disclose confidential information to its attorneys, accountants, and financial advisors bound by equivalent confidentiality obligations.
This Agreement is governed exclusively by the laws of the State of Arizona, without regard to its conflict-of-laws rules.
In the event of any dispute arising under this Agreement, the parties agree to attempt good-faith resolution within 30 days of written notice of the dispute. If good-faith resolution fails, the parties agree to non-binding mediation in Mohave County, Arizona, before initiating litigation. Any litigation shall be brought exclusively in the state or federal courts of Mohave County, Arizona, which both parties consent to as exclusive venue.
The prevailing party in any litigation arising from this Agreement shall be entitled to recover reasonable attorneys’ fees and costs from the non-prevailing party, to the maximum extent permitted by Arizona law.
This Agreement, together with any executed Add-On order forms and the GAP Industries Services & Pricing schedule in effect on the Effective Date, constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior negotiations, proposals, understandings, and communications, oral or written.
This Agreement may be amended only by a written document signed by authorized representatives of both parties, except that GAP Industries may update the Services & Pricing schedule per Section 2.1 and adjust fees per Section 2.6 with the required advance notice.
If any provision of this Agreement is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force.
GAP Industries’ failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any future enforcement right.
Client may not assign this Agreement or any rights hereunder without GAP Industries’ prior written consent. GAP Industries may assign this Agreement to any successor entity, acquirer, or affiliate without Client’s consent.
All written notices required under this Agreement must be sent by email: (a) to Client at the email address provided at signing; and (b) to GAP Industries at Sales@gapindustriesllc.com. Notices are effective when the receiving party confirms receipt in writing.
Neither party is liable for delays or failures caused by events beyond their reasonable control, including acts of God, natural disasters, government actions, third-party infrastructure failures, pandemics, or labor disputes.
This is the standard form agreement. When you work with GAP Industries, your executed agreement is generated through GAP Sign with your business name, contact details, elected tier, and effective date pre-populated. You will receive a signed copy at your email address of record.
Book a Walkthrough