GiG Terms and Conditions
1. Introduction
Welcome to GiG, a digital platform and application operated by GiG AI (“Company”, “we”, “our”, or “us”). These Terms and Conditions (“Terms”) govern your use of the GiG application and any related services (collectively, “Service”). By downloading, accessing, or using the Service, you agree to be bound by these Terms in full. If you do not agree to all of the Terms, do not use the Service.
2. Eligibility
To use the Service, you must be at least 13 years of age or the minimum legal age required to use similar services in your jurisdiction. By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement and that all registration information you submit is accurate and truthful. GiG AI reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter is found to be inaccurate, misleading, or fraudulent.
3. License and Access
GiG AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial purposes. This license does not include any rights to (a) resale or commercial use of the Service; (b) distribute, publicly perform, or publicly display any part of the Service; (c) modify or make derivative uses of the Service or any portion thereof; (d) use any data mining, robots, or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Service, except as expressly permitted by GiG AI; or (f) use the Service for any purpose other than its intended purpose.
4. User Content and Conduct
4.1 User Content
By submitting, posting, or displaying any content through the Service (“User Content”), you grant GiG AI a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any and all media or distribution methods now known or later developed. You acknowledge that you have the right, power, and authority to grant this license.
4.2 User Conduct
You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). You agree not to upload, post, or otherwise transmit through the Service any content that: (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, explicit, sexual in nature, contains nudity, or racially, ethnically, or otherwise objectionable; (b) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (c) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware; or (d) violates any applicable local, state, national, or international law.
5. Data Ownership and Usage
5.1 Ownership of Data
All data, metadata, and information generated, processed, or collected through your use of the Service, including but not limited to personal information, usage data, analytics, logs, User Content, and any other related information (collectively, “Data”), is and shall remain the sole and exclusive property of GiG AI. By using the Service, you acknowledge and agree that GiG AI owns all rights, title, and interest in and to the Data, and you hereby irrevocably assign any and all rights that you may have in the Data to GiG AI.
5.2 Use of Data
GiG AI reserves the right to use, disclose, sell, license, and otherwise commercialize the Data for any purpose, including but not limited to improving the Service, developing new products and services, conducting research and analysis, and engaging in targeted advertising and marketing. You agree that GiG AI may aggregate and anonymize the Data, and that such aggregated and anonymized data shall not be subject to any restrictions under these Terms.
5.3 Data Security
While GiG AI implements reasonable security measures to protect the integrity and security of Data, you acknowledge that no system is completely secure. GiG AI does not warrant or guarantee that Data will be protected against loss, misuse, or unauthorized access, disclosure, alteration, or destruction, and you agree that you use the Service at your own risk.
6. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy explains how we collect, use, and disclose information about you. By using the Service, you consent to the collection and use of your information as outlined in the Privacy Policy.
7. Intellectual Property
All content, trademarks, service marks, trade names, logos, and other intellectual property rights in the Service are the property of GiG AI or its licensors. Except as expressly provided in these Terms, you are not granted any rights or licenses in respect of any intellectual property rights. Any unauthorized use of the content or intellectual property rights is strictly prohibited.
8. Disclaimer of Warranties
8.1 General Disclaimer
The Service, including all content, features, and functions provided by or through the Service, is provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. GiG AI makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, or materials included on the Service.
8.2 Specific Disclaimers
To the fullest extent permissible by applicable law, GiG AI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and security and accuracy. GiG AI does not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
9. Limitation of Liability
9.1 Limitation on Types of Damages
To the maximum extent permitted by applicable law, in no event shall GiG AI, its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; or (d) unauthorized access, use, or alteration of your transmissions or content.
9.2 Limitation on Amount of Liability
In no event shall the total liability of GiG AI for all damages, losses, and causes of action exceed the greater of: (a) the amount paid by you, if any, for accessing the Service; or (b) one hundred dollars (USD $100).
10. Indemnification
You agree to indemnify, defend, and hold harmless GiG AI, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property, property, or privacy right; (d) any claim that your User Content caused damage to a third party; or (e) any claims or damages that arise as a result of any of your User Content or any information that you provide to GiG AI.
11. Termination and Suspension
11.1 Termination by GiG AI
GiG AI reserves the right, in its sole discretion, to terminate, suspend, or restrict your access to the Service, without notice, for any reason, including but not limited to your violation of these Terms, or if we believe you are engaged in any illegal or unauthorized activity.
11.2 Effect of Termination
Upon termination, all licenses and rights granted to you in these Terms will immediately cease, and you must immediately cease all use of the Service. GiG AI shall not be liable to you or any third party for termination of the Service or any part thereof.
11.3 Survival
All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms and any disputes arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the Phillipines, without regard to its conflict of law principles.
Governing Law and Dispute Resolution
12.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration in accordance with the rules of the Mount Pleasant Arbitration Association. The arbitration shall be conducted in Wollongong, NSW Australia. The language of the arbitration shall be English. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
12.3 Waiver of Class Actions
You agree that any disputes between you and GiG AI will be resolved on an individual basis and that you will not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. 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.
13. Changes to the Terms
GiG AI reserves the right to modify, amend, or revise these Terms at any time, and you agree to be bound by such modifications, amendments, or revisions. We will notify you of any changes by posting the updated Terms on our website or within the Service, and such changes will be effective immediately upon posting. Your continued use of the Service after the changes have been posted constitutes your acceptance of the new Terms. If you do not agree with the modified Terms, you must stop using the Service.
14. Miscellaneous
14.1 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. The invalid, illegal, or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
14.2 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and GiG AI’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14.3 Entire Agreement
These Terms, along with the Privacy Policy and any other legal notices or policies published by GiG AI, constitute the entire agreement between you and GiG AI concerning the Service and supersede all prior agreements or understandings, whether written or oral, regarding the Service.
14.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without GiG AI’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. GiG AI may freely assign or transfer these Terms without restriction.
14.5 Force Majeure
GiG AI shall not be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond GiG AI’s reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
15. Contact Information
If you have any questions or concerns about these Terms, please contact us at support@gig.community