Terms of Service

Effective Date: July 31, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the services provided by Agate Precious Metals (“Agate,” “we,” “us,” or “our”), including our website at agatemetals.com and the Gold Guy application (“Gold Guy”).

By accessing our website, creating an account, placing an order, or using any of our services, you agree to be bound by these Terms and by our Privacy Policy and Return Policy, which are incorporated by reference. If you do not agree to these Terms, do not use our services.

2. About Our Services

Agate Precious Metals operates an e-commerce store selling gold, silver, platinum, palladium, copper, and collectible precious-metal products at agatemetals.com.

Gold Guy is a social-media publishing tool that allows e-commerce sellers to connect their online store to their social media accounts and automatically publish product listings as photo or video posts.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Be legally capable of entering into a binding contract
• Provide accurate, complete, and current information when creating an account or placing an order
• Comply with all applicable federal, state, and local laws

If you are using Gold Guy on behalf of a business, you represent that you have the authority to bind that business to these Terms and to authorize access to the connected accounts.

4. User Accounts

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized use or security breach

We reserve the right to suspend or terminate accounts that violate these Terms, appear fraudulent, or pose risk to other users or our operations.

5. Gold Guy — Social Media Authorization and Permissions

Gold Guy authenticates with your connected social media account(s) using the account platform’s standard authorization framework. When you authorize Gold Guy, you grant it the specific permissions necessary to:

• Confirm your account identity
• Publish photo and video posts on your behalf
• Upload content as a draft for your review before publishing (optional)

Gold Guy uses only the minimum permissions required to perform these functions and does not access, store, or transmit information beyond what is necessary.

You may revoke Gold Guy’s access at any time through your social media account settings, or by contacting us at support@agatemetals.com.

You remain solely responsible for all content published through your account, including content published by Gold Guy on your behalf.

6. Orders and Payment

All product prices are listed in US dollars and, for precious metals, are indexed to live spot market prices. Prices may change at any time without notice until an order is confirmed.

By placing an order, you represent that you are authorized to use the payment method provided and that all information you supply is true and accurate. We reserve the right to refuse, cancel, or limit any order at our sole discretion, including for reasons of pricing errors, product availability, suspected fraud, or violations of these Terms.

Full order, cancellation, and refund terms are governed by our Return Policy.

7. Shipping and Delivery

Orders ship fully insured with tracking. Delivery times vary based on order volume, product availability, and carrier performance. Full shipping terms, including damage claims and lost package procedures, are set out in our Return Policy.

8. Acceptable Use

You agree not to use our services, or Gold Guy, to:

• Post content that violates the applicable social media platform’s community guidelines
• Infringe on any third party’s intellectual property, trademark, or publicity rights
• Publish content that is unlawful, defamatory, harassing, deceptive, or harmful
• Attempt to access accounts, systems, or data that are not authorized to you
• Interfere with, disrupt, or attempt to reverse-engineer any part of our services
• Use our services to resell without written authorization
• Use automated tools to scrape, crawl, or extract data from our website without permission

You are solely responsible for all content and activity conducted through your account.

9. Intellectual Property

All content, trademarks, product descriptions, images, and materials on agatemetals.com — other than user-submitted content and third-party trademarks displayed with permission — are the property of Agate Precious Metals and are protected by US and international intellectual property laws.

You may not copy, reproduce, modify, distribute, or create derivative works from any part of our website or Gold Guy without our prior written consent.

You retain ownership of the content you publish through Gold Guy to your own social media account, and grant us only the limited license necessary to deliver that content to the platform on your behalf.

10. Third-Party Services

Our services may integrate with third-party platforms — including social media platforms, payment processors, and shipping carriers — required to complete orders and deliver our services. Your use of any third-party service accessed through us is subject to that third party’s own terms of service and privacy policy.

We are not responsible for the availability, functionality, accuracy, or policies of any third-party service, and we make no warranties regarding them.

11. Disclaimers

Our services and all products, information, and content provided through them are made available on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

We do not guarantee that our website or Gold Guy will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee uninterrupted access to any third-party service.

Precious metals prices are volatile, and past performance does not guarantee future results. Nothing on our website constitutes investment, financial, tax, or legal advice.

12. Limitation of Liability

To the fullest extent permitted by law, Agate Precious Metals, its owners, employees, and affiliates shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost data, or business interruption, arising from or related to your use of our services, whether based in contract, tort, strict liability, or any other legal theory.

Our total aggregate liability arising out of or relating to these Terms or our services shall not exceed the amount you paid to us in the six (6) months preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Agate Precious Metals, its owners, employees, and affiliates from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from:

• Your use or misuse of our services
• Your violation of these Terms
• Your violation of any third-party right, including any social media platform’s community guidelines
• Any content you submit or publish through our services

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or our services shall be resolved exclusively in the state or federal courts located in Erie County, New York, and you consent to the personal jurisdiction of those courts.

15. Termination

We may suspend or terminate your access to our services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use our services ends immediately. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) shall survive.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page and revise the “Effective Date” at the top. Continued use of our services after changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and Agate Precious Metals regarding your use of our services and supersede any prior agreements.

19. Contact Us

Questions about these Terms of Service:

Agate Precious Metals
3521 Seneca Street
West Seneca, NY 14224

Phone: (716) 829-9997
Email: support@agatemetals.com
Website: agatemetals.com

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