Last updated: April 19, 2026
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS") CAREFULLY BEFORE USING GUSH.COM OR ANY RELATED APPLICATIONS, SERVICES, OR PLATFORMS (COLLECTIVELY, THE "SERVICE") OPERATED BY GUSH, INC. ("GUSH," "WE," "US," OR "OUR"). BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU ("USER" OR "YOU") AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
Your access to and use of the Service constitutes your unconditional acceptance of this Agreement, our Privacy Policy (incorporated herein by reference), and any additional terms, guidelines, or rules posted on the Service. We reserve the right to modify these Terms at any time, at our sole discretion, without prior notice. Your continued use of the Service following any modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
The Service is intended solely for users who are eighteen (18) years of age or older. By using the Service, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into this Agreement, and that your use of the Service does not violate any applicable law or regulation. We reserve the right to terminate your access immediately and without notice if we believe you do not meet these requirements.
Gush is a fragrance price comparison and discovery platform. We aggregate and display pricing, product, and promotional information from third-party retailers and brands. We do not sell fragrances directly. Price data is provided for informational purposes only and may not be current, complete, or accurate. We make no guarantee that any price, coupon, promotion, product availability, or other information displayed on the Service is accurate or up to date at the time you view it. Your actual transaction is solely between you and the applicable third-party retailer. Gush is not a party to any such transaction.
Certain features of the Service require account registration. You agree to provide accurate, complete, and current information and to update such information as necessary. You are solely responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate any account at any time, for any reason or no reason, with or without notice.
You agree that you will not, and will not permit any third party to:
Any unauthorized scraping, crawling, or automated access to the Service constitutes a material breach of this Agreement and a violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Texas Computer Crimes statute (Tex. Penal Code § 33.02), and other applicable laws. We reserve the right to pursue all available legal and equitable remedies, including injunctive relief, monetary damages, and attorneys' fees, against any party engaging in such conduct.
All content, features, functionality, data compilations, design, text, graphics, logos, and software on or in the Service (collectively, "Gush Content") are owned by or licensed to Gush and are protected by United States and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only. No other right, title, or interest is granted. All rights not expressly granted herein are reserved by Gush.
The compilation, arrangement, and presentation of third-party data on the Service constitutes original creative expression owned by Gush. Any reproduction or commercial use of such compilations without authorization is strictly prohibited.
By submitting, posting, or displaying any content (including fragrance ratings, reviews, rankings, or other information) through the Service ("User Content"), you grant Gush a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, fully paid-up license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, publicly perform, create derivative works from, and otherwise exploit such User Content in any and all media or distribution methods, now known or later developed, for any purpose whatsoever, including commercial purposes, without compensation to you. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party rights.
Gush participates in affiliate marketing programs. When you click a retailer link on the Service and make a purchase, we may receive a commission or referral fee from that retailer. This compensation does not affect the price you pay and does not influence the accuracy of price data displayed. However, affiliate relationships may influence which retailers we feature, prioritize, or promote. We are not responsible for the products, services, pricing, policies, or conduct of any third-party retailer.
By using the Service, you acknowledge and agree that Gush collects, processes, uses, stores, transfers, and sells your personal data as described in our Privacy Policy, which is incorporated herein. This includes but is not limited to your browsing behavior, search history, preference data, rankings and ratings, device and location information, and any information you voluntarily provide. You expressly consent to these practices as a condition of using the Service.
If you provide a mobile phone number, you expressly consent to receive text messages from Gush, including promotional messages, price drop alerts, and other marketing communications. Message and data rates may apply. Message frequency varies. You may opt out at any time by texting STOP. Opting out of SMS does not affect your other rights and obligations under this Agreement.
The Service contains links to third-party websites and services. These links are provided for convenience only. Gush has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website. Your interactions with third-party sites are solely between you and the applicable third party. We encourage you to review the privacy policies and terms of any third-party site you visit.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. GUSH DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY PRICE, PRODUCT, OR PROMOTIONAL INFORMATION DISPLAYED IS ACCURATE, CURRENT, OR COMPLETE; OR (E) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND FOR ALL PURCHASING DECISIONS YOU MAKE BASED ON INFORMATION OBTAINED FROM THE SERVICE. GUSH MAKES NO REPRESENTATION THAT ANY PRICE, AVAILABILITY, OR COUPON INFORMATION IS ACCURATE AT THE TIME OF YOUR VIEWING. PRICES CHANGE FREQUENTLY AND WITHOUT NOTICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUSH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, EVEN IF GUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GUSH'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO GUSH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend (with counsel of Gush's choosing), and hold harmless Gush and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys' fees arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of this Agreement; (c) your violation of any applicable law or the rights of any third party; (d) your User Content; or (e) any transaction you enter into with a third-party retailer accessed through the Service.
This Agreement and any dispute arising out of or related to it or the Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Subject to the arbitration provisions below, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Travis County, Texas for any dispute not subject to arbitration.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any dispute, controversy, or claim arising out of or relating to this Agreement, the Service, or the breach, termination, or validity thereof ("Dispute") shall be finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org), as modified by this Agreement. The arbitration shall be conducted in Austin, Texas, unless you and Gush agree otherwise. The arbitrator shall apply Texas substantive law. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
YOU AND GUSH EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. You may not bring a claim as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Either party may seek emergency equitable relief in a court of competent jurisdiction solely to the extent necessary to prevent irreparable harm pending the outcome of arbitration, including injunctive relief to prevent unauthorized scraping or misappropriation of Gush Content.
You have thirty (30) days from first accepting these Terms to opt out of this arbitration agreement by sending written notice to legal@gush.com with "Arbitration Opt-Out" in the subject line. If you opt out, all Disputes shall be resolved exclusively in the courts of Travis County, Texas, and you waive any objection to such jurisdiction and venue.
We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please send a notice of claimed infringement to legal@gush.com with the subject line "DMCA Notice" and include: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on the Service; (c) your contact information; (d) a statement of good-faith belief; (e) a statement under penalty of perjury that the information is accurate and you are authorized to act; and (f) your physical or electronic signature.
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Service will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive, including without limitation: ownership provisions, warranty disclaimers, indemnification, limitation of liability, governing law, and arbitration.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Gush regarding the Service and supersedes all prior agreements and understandings.
Questions about these Terms may be directed to:
Gush, Inc.
Austin, Texas
legal@gush.com