Terms and Conditions

00TERMS OF USE FOR GIGPRO, LLC and GIGPRO APP USER AGREEMENT FOR BUSINESSES AND PROS

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS AND YOUR RIGHT TO A JURY TRIAL. SECTION 7 OF THESE TERMS OF USE AFFECTS HOW DISPUTES BETWEEN YOU AND GIGPRO, LLC ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THAT ARBITRATION PROVISION AND THE FOLLOWING TERMS AND PROVISIONS:

INTRODUCTION TO OUR TERMS OF USE

Last updated: November 16, 2022

INTRODUCTION
Welcome to Gigpro™. Gigpro, Inc. (“Gigpro”, “we”, “us”, or “our”), through our Gigpro™ Mobile App and our web-based Marketplace platform, provides a marketplace where professionals and hospitality industry businesses connect for short-term work assignments, known as Gigs.
Your use of our Mobile App, the Marketplace, and our Services is governed by these Terms of Service (“Terms”), which includes our Privacy Policy and our Cancellation Policies (wherever such policy is located), which may be amended from time to time and effective upon posting, and which is incorporated herein by reference (“Privacy Policy”). References to “you” or “your” mean you as a Pro or a Business (as those terms are defined herein).
IMPORTANT – PLEASE READ CAREFULLY: THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF OUR SOFTWARE AND SERVICES. BY DOWNLOADING AND INSTALLING OUR MOBILE APP, BY APPLYING TO ESTABLISH AN ACCOUNT, OR BY USING OUR MARKETPLACE OR OUR SERVICES, YOU ARE ACCEPTING THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR MOBILE APP, MARKETPLACE OR OUR SERVICES. IMPORTANT:THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION AND JURY TRIAL RIGHT WAIVER. Please carefully review Section 20 of these Terms for more information.
DEFINITIONS

The following terms have their assigned meaning.

“Business” means a business which has registered to participate in and post a Gig on the Platform.
“Gig” (whether or not capitalized) means a temporary short-term job assignment posted by a Business.
“Gig Posting” means a request posted by Business on the Platform for a Gig.
“Gigpro Services” or “Services” means the services provided by Gigpro, including to facilitate connection between Pros and Businesses through the Platform. For the avoidance of doubt, Gigpro Services are not a referral service and Gigpro is not an employment agency.
“Marketplace” means the Gigpro online hosted software and web pages accessible through the Internet.
“Mobile App” means the Gigpro mobile app software program downloadable from the Apple, Google or other authorized digital store or directly from Gigpro.
“Payments” mean payments made to the Pro by the Business.
“Partner” means a third party that provides services to Gigpro or is permitted by Gigpro to offer goods or services to the Pro through the Software.
“Platform” means software where Businesses and Pros can post and accept Gigs, where accounts are managed, and where Partners may make special offers available to Pros and Businesses.
“Pro” means a user seeking or participating in Gig opportunities who has registered to participate in the Platform.
“Pro Services” means the services provided by a Pro to a Business. For the avoidance of doubt, a Pro does not provide any services to Gigpro.
“Software” means, together, the Marketplace and the Mobile App.
"User” means, collectively, Businesses, Pros and certain Partners with access to the Platform.
CHANGES TO THESE TERMS
We regularly update and improve our Software and Services, and we may at times add, change, or remove features, and these Terms may also change. The current version of these Terms will be posted on our Website atwww.gigpro.com/terms-and-conditions and will be effective immediately upon posting for all future uses of the Services. Although we may attempt to inform you if the Terms change and may have notified you of past changes, it is your responsibility to ensure you are aware of the most recent Terms before continuing to use our Services and we are under no obligation to alert you to future changes.
INDEPENDENT CONTRACTOR RELATIONSHIP
You and Gigpro agree that no partnership, joint venture, employee, or employer relationship is intended by these Terms. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our Partners, affiliates, or service providers. You are not an agent of Gigpro and you shall have no legal authority to enter into contracts on Gigpro’s behalf or otherwise bind Gigpro in any way and must not represent to any third party that you are authorized to make any commitment or otherwise act on behalf of Gigpro. Pros agree not to hold themselves out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of any Business, its affiliates, or any service providers as a result of providing the Pro Services. Without express written authorization from the Business, Pros are not an agent of Business and Pros shall have no legal authority to enter into contracts on Businesses’s behalf or otherwise bind Business in any way and must not represent to any third party that you are authorized to make any commitment or otherwise act on behalf of Business.
You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Gigpro that is inconsistent with your being an independent contractor (and not an employee).
As an independent contractor, Pros are solely responsible for determining which Gig Postings Pros respond to and Pros make the choice when Pros want to work.
Pros determine how, when, and where (in accordance with the Gig Posting) Pros will provide the Pro Services to Businesses.
Gigpro does not restrict a Pro’s right to provide services through third parties, including through competitors of Gigpro; Gigpro expects the individual performing services as a Pro will likely provide services for or through other companies.
Pro acknowledges and represents Pro can earn income from other sources; Gigpro does not guarantee the Pro any minimum number of Gigs.
Gigpro does not provide a performance assessment for Pros, and does not oversee the actual work or instruct the individual as to how the work will be performed, or the method or process the Pro uses to perform Pro Services.
Gigpro does not pay a salary or hourly rate but rather facilitates Business’s payment of the rate set by the Business.
Gigpro does not provide tools, equipment, benefits, or expense reimbursement to the Pro.
Gigpro does not combine its business operations in any way with the Pro’s business, but instead maintains such operations as separate and distinct.
You are responsible for obtaining and maintaining any required registration, licenses, or other authorization necessary to render or receive Pro Services.
Benefits and Contributions. You are not entitled to or eligible for any benefits that Gigpro, its parents, subsidiaries, affiliates or other related entities may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because Pro is an independent contractor, Gigpro will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on Pro’s behalf. If, notwithstanding the foregoing, a Pro is reclassified as an employee of Gigpro by the U.S. Internal Revenue Service (“IRS”), the U.S. Department of Labor (“DOL”), or any other federal, state or foreign court or agency, Pro agree that Pro will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any employee benefits under any plans or programs established or maintained by either the Business or its parents, subsidiaries, affiliates or related entities, or by Gigpro, its parents, subsidiaries, affiliates or other related entities.
Taxes. Pros are solely responsible for filing all tax returns and submitting all Payments as required by any federal, state, local, or foreign tax authority arising from the payment of Payments to you under these Terms, and Pros agree to do so in a timely manner. Pros will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions. To the extent required by the IRS, Gigpro will report the Payments paid to Pro for Pro Services rendered as part of Gigs by filing Form 1099-K and/or 1099-NEC (as applicable) with IRS. Pros consent to electronic delivery of such form(s), if such form(s) is required or filed. Pros agree to indemnify and hold harmless Gigpro for the cost of any tax liabilities (including, but not limited to, penalties, assessments, fines, and interest) incurred by Gigpro as a result of a Pros failure to pay all applicable taxes in a timely manner.
Insurance. Gigpro requires all Pros to obtain and maintain a valid and sufficient Occupational Accident Insurance (“OAI”) policy. However, Gigpro will not be responsible for any Pros failure to comply with this requirement. Gigpro will deduct from each Payment a small portion of the Payment for each hour worked and billed for each Gig for which a Pro provides Pro Services. While Businesses shall have the sole responsibility for any obligations or liabilities to Pros or other third parties that arise from the Business arranging and obtaining and using Pro Services, Pros will be and are required to maintain OAI through the Platform. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper for a temporary labor relationship, which may include maintaining adequate insurance that meets the requirements of all applicable laws regarding any acts or omissions of a Pro, Business, or any third party. You agree to indemnify and hold harmless Gigpro from any dispute arising in injury that may occur on the premises of a Business. Further, in the event that a Pro’s actions cause an injury to a third party while a Pro is working in the course and scope of performing a Gig, you acknowledge and understand that you will not be covered by any general liability or automobile liability insurance coverage that Gigpro may have, and that Gigpro is not making any commitment to defend and/or indemnify you in such circumstances, and specifically denies such obligation.
Delivery/Driving Services. Under no circumstances may Pros perform any driving or delivery services or any pick-up services of goods or services for customers or on-call driving.
Heavy Machinery. Under no circumstances may Pros perform any work with heavy machinery, including but not limited to forklifts, or self-powered, self-propelled or pull-type equipment.
PRIVACY
Personal Information. We will maintain and use your “Personal Information” as defined in, and according to our Privacy Policy.
Use By Minors. We do not knowingly collect or solicit Personal Information from children under 18. If you are under 18, please do not attempt to register for or use the Services or send any Personal Information about yourself to us. If we learn we have collected Personal Information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Information, please contact us.
REGISTRATION; ACCOUNT
Our Software and Gigpro Services are intended for access and use by individuals who are at least 18 years old, and by agreeing to the Terms you represent (i) that you are at least 18 years old and reside in a state, region, or country in which the Software and Services may legally be provided or accessed, (ii) you are the person whose name and other information have been provided for the account that you have created or are creating, (iii) that your account has not previously been suspended or terminated, and (iv) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations.
Account Creation and Verification. In order to use the Software and Services, you will need to create an account with us (“Account”). All of the information that you supply to us in creating your user Account must be accurate. We may request certain information of Pros (e.g., driver’s license) for identity verification and we may use a third-party service for such verification. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Software and Services, or Gigpro’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account login credentials at all times. Unless otherwise permitted by Gigpro in writing, you may only possess one Account.
Pro hereby consents and authorizes us, our designated agents and representatives to conduct a comprehensive review of Pro’s background through a consumer report and/or an investigative consumer report to be generated for the ability to access the Software or Services. Pro understands that the scope of the consumer report/investigative consumer report may include, but is not limited to, the following areas: verification of Social Security number; current and previous residences; employment history, including all personnel files; education; references; credit history and reports; criminal history, including records from any criminal justice agency in any or all federal, state or county jurisdictions; birth records; motor vehicle records, including traffic citations and registration; and any other public records..
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. Pros may not accept a Gig and have someone perform in the Pro’s place. You agree to comply with all applicable laws when using the Gigpro Services, and you may only use the Gigpro Services for lawful purposes. You will not in your use of the Gigpro Services cause nuisance, annoyance, inconvenience, or property damage, whether to a Pro, a Business, to the Platform or to any other party. In certain instances, you may be asked to provide proof of identity to access or use the Gigpro Services, and you agree that you may be denied access to or use of the Gigpro Services if you refuse to provide proof of identity.
Account Confidentiality. You are responsible for maintaining the confidentiality of your Account and login credentials. We reserve the right to invalidate your login credentials and require you to change them if we believe they have become unsecure. We may reject any user name that violates these Terms, including any user name that uses another person’s identity or that violates our community and content guidelines. We may use the email you provide to us in your Account profile to email you with service messages and updates. By creating an account you are consenting to the use and receipt of these communications.
Account Security. The safety and security of your information also depends on you. You should maintain good internet security practices. You are responsible for keeping your login credentials confidential. You should not share your password with anyone. You must prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or mobile device and browser by signing off after you have finished accessing your Account. If your email account is compromised, it could be used to ask us to reset a password and gain access to your Account with us. If you think that your Account has been compromised you should change your account password, and in particular make sure any compromised login credentials do not allow access to your Account. The information you share in public areas may be viewed by other users. We will never email you to ask for your password or other account login information. If you receive such an email, please send it to us so we can investigate.
Text Messaging. By creating an Account, you give express consent that we may send you informational text (SMS) messages as part of the normal business operation of your use of the Services and that use of SMS is necessary to utilize the Services. You may remove your information by replying “STOP” to the SMS text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. Alternatively, you may submit your request by email to us, including the email address and phone number you registered with us, or by any reasonable means. After this, you will no longer receive SMS messages from us and be unsubscribed from the Service. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For help, please reply to a text with HELP. Message and data rates may apply, depending on your cell phone plan.
By registering to become a Pro and confirming a Gig Posting, you agree to use your best efforts to perform the Gig such that the Pro Services meet the requirements and specifications of the Business for whom the Gig was created. Once a Pro has accepted a Gig Posting, the Gig will no longer be available for performance by other Pros who may have viewed the same Gig Posting. By accepting a Gig Posting, Pro is entering into a binding legal agreement with the Business to provide the Pro Services for the Payment specified in the Gig Posting. A Pro should not accept a Gig Posting unless the Pro is sure that: (1) Pro understands what Pro is being asked to do; (2) Pro can perform the Pro Services identified in the Gig Posting; (3) Pro can provide the Pro Services at and during the requested time (and, as applicable, being able to travel to the Business’s location). If Pro fails to show up at the Business location by the specified start time as noted on the Gig Posting, Business in its sole discretion may cancel the Gig Posting without any penalty to the Business. Please be aware that if a Pro fails to show up for a Gig it may adversely affect the Pro’s rating as a Pro. Please review our cancellation policy below. Failure to timely deliver the Pro Services consistent with the Business’s requirements will constitute a breach of the agreement with the Business, resulting in non-payment. Pro agrees to not possess, sell, receive, or operate under the influence of any illegal drugs or alcohol while performing any Gig.
You agree to comply with all applicable local, state, federal and international laws including, without limitation, privacy, intellectual property, and tax laws along with all other regulatory requirements.
PROMOTIONAL CODES
We may, in our sole discretion, create promotional codes (“Promo Codes”) for referrals or other activities that may be redeemed for Account credit, or other features or benefits related to the Gigpro Services and/or Pro Services, subject to any additional terms that Gigpro establishes on a per promotional code basis. You agree that Promo Codes: (i) will be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Gigpro; (iii) may be disabled by Gigpro at any time for any reason and without liability to Gigpro; (iv) may only be used pursuant to the specific terms that Gigpro establishes for such Promo Code; (v) are not valid for cash; and, (vi) may expire prior to your use. Gigpro reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Gigpro determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
GIGPRO SERVICES
Gigpro does not endorse any of its Users. Gigpro only provides a marketplace on which Businesses seeking a Pro may interact and transact whereby the Pro will operate under the complete supervision of the Business. Gigpro makes no representations or warranties concerning the qualifications of Pros or the suitability of the Business. Gigpro is not responsible for review or verification of Business or Pro information. Businesses and Pros should use their own judgment when using a Pro or going to complete a Gig at a Business and do so at their own risk.
Gigpro reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the Services or any content or information thereon with or without providing notification to users. You agree that Gigpro and its officers, directors, agents, investors, and employees are not liable to you or any third party for any modification or discontinuance of the Services.
LICENSES
Subject to these Terms, we grant you a personal, limited, nonexclusive, and nontransferable license to: (i) download, install and use the Mobile App on a single mobile device owned or otherwise controlled by you, and (ii) access and use the Services made available in or otherwise accessible through the Software, strictly in accordance with these Terms.
USER FEEDBACK; THIRD-PARTY SOCIAL MEDIA POSTINGS
By submitting any ideas or suggestions to us (through the Software, social media sites, or other digital platforms, or through Google, or other review sites, or other means) related to improvements to the Mobile App or Services (collectively, “Feedback”) you agree that such Feedback shall be deemed, and shall remain, our property, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback (including without limitation intellectual property rights and moral rights) without compensation or further notice to you. We shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you,. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback.
By posting or submitting for posting User Content to our Facebook, YouTube, Instagram, or other social media pages or platforms, or on other websites, e.g., Facebook, Google, Yelp, Trip Advisor, etc., you agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, summarize, translate, create derivative works of and publicly perform the User Content that you post or otherwise submit to us for any purpose, in any form, medium, or technology now known or later developed.
USER CONTENT
The Software may permit the posting or submission for posting of content, including, but not limited to, reviews, comments, or other textual content, files, images, photographs, videos, animation, sounds, musical works, data, or other materials and content by you (collectively, “User Content”). We do not endorse or approve any User Content submitted or posted. We respect the intellectual property rights of others. You must have the legal right to submit to us or, where permitted, post any User Content to the Software. You are solely responsible for any User Content that you create, transmit, or display while using the Mobile App. All User Content you post or submit for posting to the Mobile App is deemed nonconfidential.
You agree to not engage, or permit others to have access to your login credentials to engage, in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information or content.
You also agree to take sole responsibility for any royalties, fees or other monies owed to any person or entity by reason of any User Content you post or transmit.
User Content Submission and Posting Guidelines. You are responsible for all User Content that you submit to us. You may not submit or post User Content that:
Is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission);
Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;
You know to be inaccurate;
Is pornographic, sexually explicit, or obscene;
Exploits children or minors;
Violates the rights of privacy or publicity of any person;
Is harassing, libelous, slanderous, or defamatory;
Contains any personally identifying information about any person without their consent or about any person who is a minor;
May be deemed generally offensive to the Website community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;
Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;
Is off topic;
Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
Violates any local, state, federal, and/or international laws or regulations;
Promotes or provides instructional information about illegal or illicit activities;
Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,
Is intended to overwhelm, cause technical disruptions of or denial of service to the Software.
Gigpro does not vouch for the accuracy of reviews. You acknowledge and agree that Feedback results for you may include comments, ratings, indicators of User satisfaction, and other Feedback left by Users or Gigpro. You further acknowledge and agree that Gigpro may make Feedback results available to other Users, including Pros, Partners and to Businesses, including composite or compiled Feedback. Gigpro provides this Feedback system as a means through which Users can share their opinions publicly and Gigpro does not monitor these opinions. These reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future engagements.
Removal of User Content. We reserve the right (but have no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason, or after a certain period of time. The decision to remove User Content at any time is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content or other Content. You are solely responsible for your User Content and may be held liable for User Content that you post.
DMCA NOTICE
If you believe that any content on the Website violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512, “DMCA”). In the case of an alleged infringement, please provide the following information:
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website (including the exact URL);
An address, a telephone number, and an email address where we can contact you;
A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and,
Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the designated agent at: Gigpro, Inc., P. O. Box 31938, Charleston SC 29417, Attn: DMCA.
We have the right to terminate the user account of any User who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Content removed from the Software more than twice.
Suspension of Service. We may suspend your account and access to the Service, with or without notice, if you violate any provision of these Terms.
Reliance on Content on the Gigpro Service. You agree that Gigpro is not responsible for your reliance on any information or content made available through the Services, other than that provided directly by Gigpro, and the authors of such information and content are solely responsible for such content. Gigpro does not guarantee the accuracy or completeness of any information on the Services or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any third party or user that appears on the Services. You agree that Gigpro will under no circumstances be responsible for any loss or damage resulting from your reliance on information or content on the Services.
RESTRICTIONS ON USE
Use of the Software and any of your information or content collected, transmitted or stored in connection with the Software is limited to the functionality of the Software. In no event may the Software be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access our proprietary information that is not authorized by us; (d) uses or launches any automated system to access the Services or computer systems; (e) attempts to introduce viruses, Trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to our or our service provider’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; (h) “stalks” or otherwise harasses any person; (i) uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Software or its contents; (j) asks users or uses users to conceal the identity, source, or destination of any illegally gained money or products; (k) collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Software; (l) forges headers or otherwise manipulates identifiers in order to disguise the origin of any information transmitted to or through the Software (either directly or indirectly through use of third party software); (m) “frames” or “mirrors” any part of the Software, without our prior written authorization; (n) uses meta tags or code or other devices containing any reference to us or the Software (or any of our trademarks, trade names, service marks, logos, or slogans) to direct any person to any other website for any purpose; (o) access the Software in order to directly or indirectly build either (i) a competitive product or service or (ii) a product or service that contains features similar to any portion of the accessed Software; (p) reverse engineer any Software (to the extent such restriction is permitted by law); or, (q) otherwise violates these Terms. Gigpro reserves the right, in its sole discretion, to terminate these Terms, request that you remove the Mobile App from your Mobile Device for any reason, including, but not limited to, our reasonable conclusion that you have violated these Terms.
Suspension; Termination of Account. We may terminate or suspend your account at any time without notice if we believe that you have breached these Terms, or for any other reason, with or without cause, in our sole discretion. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After your Account is terminated for any reason, all terms of these Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. You agree to not perform any security test activities related to the Software or associated infrastructure without our prior written consent, including, but not limited to, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing.
THIRD PARTY SERVICES AND CONTENT
When you use the Gigpro Services or Software you may be served with advertisements of third parties. You acknowledge that different terms of use and privacy policies may apply to your use of those third-party services and content. Gigpro has no control over third-party services and content and in no event shall Gigpro be responsible or liable for any interactions you may have with or any products or services you may receive from such third party providers.
There may be links in the Software that lead to other websites, we do not control and are not responsible for the content of such websites, nor do we endorse any such websites, and you acknowledge that all such links are provided for your convenience only. It is your responsibility to evaluate the content on other websites and you enter all third party websites at your own risk. All such websites are not covered by our Terms; they may be governed by privacy policies and terms and conditions of those sites, which we do not control and are not responsible for. You hereby agree to hold Gigpro harmless from any liability that may result from your use of links that appear on the Services.
We may offer services through various applications including applications on smartphones, tablets and similar devices, and interactive plug-ins distributed on other websites. You agree these Terms and any other agreements required to download such applications shall govern, and you agree that various information including, but not limited to, your device on which you utilize to access these applications, mobile carrier, internet access provider, physical location, websites containing plug-ins, etc., may be communicated to us and used by us in our sole discretion. If you import any content through any such application, you represent that you have the authority to share such content with us and/or your mobile carrier, Internet access provider, or other provider. Should you change phone numbers or deactivate your device account, you agree to update your account information to reflect such a change and agree that any failure to do so is solely your responsibility. You are solely responsible for all charges related to your use of these applications.
INTELLECTUAL PROPERTY OWNERSHIP
Gigpro owns and retains all intellectual property and other proprietary rights throughout the world in the Services. All such intellectual property and other proprietary rights, including any software, text, typefaces, graphics, layouts, content, data, formatting, designs, HTML, graphs, photographs, videos, designs, sounds, images, look and feel, and other content on the Services, and the coordination, selection, arrangement and enhancement of any such materials as a collective work under the United States Copyright Act, as amended, is owned by or licensed to Gigpro. You agree Gigpro owns and retains all such rights that are protected in all forms and through all media and technologies now known or hereinafter developed. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any of these rights without Gigpro’s prior express permission in a signed writing, unless such use falls under an exception. Users are prohibited from posting, sending, sharing, or distributing any Gigpro materials or content that they do not own or have permission to use. In addition to the termination of your account, violation of this policy may result in copyright, trademark, patent or other intellectual property rights violations and liability, and civil or criminal penalties. The Services contains materials that may be protected by the domestic and international laws of copyrights, trademarks, patents, and other proprietary rights and laws and any use of such materials is expressly prohibited without the prior signed written permission of Gigpro or the relevant right holder or as otherwise permitted herein.
PAYMENT
Gigpro does not provide professional services and does not charge for professional services or services provided by a Pro. Gigpro receives a fee in exchange for using the Platform (“Platform Fee”).
Business understands that use of Gigpro and the Platform may result in charges (possibly in the form of a promotional credit) to Business for the Pro Services you receive from a Pro, which include the Payment and ther Platform Fee (collectively, the “Charges”). These Charges are due once you have posted a gig and accepted a Pro for the Gig and Gigpro reserves the right to pull payment from your account at that time and to bill you for any unpaid Charges at any time.
After the Pro accepts your Gig, the Platform will facilitate the payment of Charges using a third-party payment processor (“Processor”). Facilitation of payment through the Processor is subject also to the terms and conditions of the Processor. Businesses and Pros both agree that the use of the Processor is for convenience of payment and is built in at your request, and that use of the Processor is also subject to its own terms and conditions, which may also be subject to change. Once Businesses hit “Pay” Business’s transaction will be processed through the Processor, which will result in the deduction of OAI (as discussed in Section 4.N) from the Payment for each Gig worked and billed for OAI and/or other insurance. Businesses agree to facilitate payment to the Pro by clicking on the “Pay” button. Charges paid by Business are final and non-refundable, unless otherwise determined by Gigpro. Businesses retain the right within the limitations of the Gigpro Platform to set the rate of Payment through the Platform when posting a Gig. Gigpro will respond accordingly to any request from a Pro to modify the charges for a particular Pro Service if necessary. Once Businesses have engaged a Pro, the Businesses are responsible for making payment to that Pro and Business agrees to indemnify and hold harmless Gigpro for Business’s failure to make timely payment in accordance with laws of South Carolina. If Business does not hit “Pay,” then Business agrees to allow Gigpro to extract the payment from Business.
By selecting the “Instant Pay” option, Pros may opt to receive their Payment within thirty (30) minutes, for which Gigpro will apply a three percent (3%) fee for expedited payment, otherwise Pros will receive Payment within about two (2) business days.
As between you and Gigpro, Gigpro reserves the right to establish, remove and/or revise Charges for any or all Services and Pro Services obtained through the use of the platform at any time in Gigpro’s sole discretion. Gigpro will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Gigpro may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
Service Charge
In consideration of Gigpro’s provision of the Gigpro Services for your use and benefit hereunder, Gigpro charges a Platform Fee that is a percentage of the Pro’s compensation for each Gig which is charged to the Business’s account when the Gig is completed. Gigpro reserves the right to change the Platform Fee at any time in its sole discretion. Continued use of the Gigpro Services after any such change in the Platform Fee shall constitute your consent to such change.
After each Gig, the Pro will be paid the Gig amount after all deductions are made. The amount will appear in the Pro’s account. Pros must provide their payment account information prior to receiving payment. Payments do not include withholdings for taxes. As an independent contractor, Pros are responsible for paying their own taxes separate and apart from the fees deducted by Gigpro.
In the event that a Business hires a Pro as a full or part-time employee within sixty (60) days after last receiving Pro Services arranged via the Platform, Business agrees to promptly notify GigPro of such hire and pay GigPro the then-current finders fee (“Finder’s Fee”) within ten (10) days of the date such Pro commences employment. The current Finder’s Fee rate is 0% of the Pro’s annual total compensation (including salary, wages, bonuses and tips).
Payment Methods
For Businesses, all Charges and Platform Fees are due immediately and payment will be facilitated by Gigpro using the preferred payment method designated in your Account. If Business’s primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, Businesses agree that Gigpro may, as the Pro’s limited payment collection agent, use a secondary payment method in a Business’s Account, if available. In the event that there are unpaid or past due amounts for Charges, Platform Fees, or any other fees associated with a Business’s account, Business must pay a finance charge of the lesser of 1.5% per month or the maximum amount permitted by law on such outstanding balances, plus all expenses of collection, including reasonable attorneys’ fees. Pros will be paid through the Processor.
Cancellation Policy and Fee. A cancellation fee may be charged under certain circumstances for cancellation. Cancellation notice is given through the Platform.
For Pros. If the Pro cancels a confirmed Gig with less than 24 hours notice, all the Pro’s confirmed Gigs may be removed. In addition: (i) if it is the first such cancellation, Gigpro may restrict the Pro’s ability to book any new Gigs for 7 days, (ii) if it is the second such cancellation within a 6 month period, Gigpro may restrict the Pro’s ability to book any new Gigs for 14 days, and (iii) if it is the third such cancellation within a 6 month period, Gigpro may restrict the Pro’s ability to book any new Gigs indefinitely and the Pro may be suspended. If the Pro fails to show up for a Gig with no notice, all the Pro’s confirmed Gigs may be removed. In addition: (i) if it is the first such failure to show, Gigpro may restrict the Pro’s ability to book any new Gigs for 30 days, and (ii) if it is the second such failure to show within a 6 month period, Gigpro may restrict the Pro’s ability to book any new Gigs indefinitely.
For Businesses.
In the event that Business cancels a confirmed Gig within 24 hours before the start time of the Gig, Business may be required and agrees to pay 50% of the Charges of the Gig, including both the Payment for the Pro, Stripe Fee, and the Platform Fee. If more than 24 hours’ notice of cancellation is given, there will be no charge to Business.
If Business instructs the Pro to stop work earlier than the time posted for that Gig, Business may be required to pay all the Charges associated with the Pro Services actually received and 50% of the Charges for any time remaining in the Gig. For example, for a Gig which is an 8 hour shift, if Business ends the shift after 4 hours, Business will be charged for the 4 hours the Pro worked, plus 2 hours (50% of the Gig time remaining but not worked).
DISCLAIMER
THE SOFTWARE AND GIGPRO SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY OR IMPLIED, OTHER THAN AS EXPRESSLY STATED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR RELATED TO THE GIGPRO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE GIGPRO SERVICES OR THE SERVER THAT ENABLES THE PLATFORM TO BE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN THE SOFTWARE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE STATE IN WHICH YOU RESIDE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE SOFTWARE OR GIGPRO SERVICES) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SOFTWARE OR GIGPRO SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR SERVICE PROVIDERS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE SOFTWARE OR GIGPRO SERVICES, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF USE OF THE SOFTWARE OR THE GIGPRO SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICES, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, AND PARTNERS ARISING OUT OF OR RELATING TO THE SOFTWARE OR GIGPRO SERVICES, OR ANY USER CONTENT, IS TO STOP USING THE SOFTWARE AND THE GIGPRO SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, AND PARTNERS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR ENTITY REGARDING CONDUCT, COMMUNICATION OR USER CONTENT. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, AND PARTNERS TO YOU EXCEED FIVE HUNDRED DOLLARS (US$500).
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTY LIMITATIONS OR OTHER RESTRICTIONS, IN WHICH CASE THE ABOVE EXCLUSIONS OR RESTRICTIONS DO NOT APPLY TO YOU, BUT ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW.
NOTICE TO CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
INDEMNIFICATION
By utilizing theSoftware or the Gigpro Services you agree to indemnify and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us through your use of the Software or the Gigpro Services or your posting or submission of User Content (if permitted) in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of this agreement.
DISPUTE RESOLUTION
Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
MANDATORY BINDING ARBITRATION
Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Software or our Gigpro Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in North Charleston, South Carolina, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration (but are not required to do so) and go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents), (b) your violation of the restrictions on use, (c) your violation of our User Content Posting Guidelines, or (d) the failure of Business to pay any portion of any fees that are due.
Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between you and us. No arbitration or proceeding will be combined with another without the prior written consent of you and us to all affected arbitrations or proceedings.
Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
COOPERATION WITH LAW ENFORCEMENT AND GOVERNMENT AGENCIES; REQUIRED DISCLOSURES
You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Mobile App or the Services, but we have the right to do so for the purpose of providing the Services, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.
DATA RETENTION AND ACCOUNT TERMINATION
The Terms are effective immediately and will remain in full force and effect during the duration of your use of the Services (including the duration your account is open, regardless of your activity thereon). We may keep the information we obtain from or about you as long as is permitted or required under the law. If your account is deactivated, we may remove your User Content from the site and may retain your data in our systems in order to ensure our ability to satisfy the authorized uses under our privacy policy. For example, we may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the Site, to enhance the Site, or to comply with legal obligations. Please note that information may exist in backup storage even after it has been removed from our active databases.
CHOICE OF LAWS
These Terms are governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any conflict of law principles.
MISCELLANEOUS
Agreement. These Terms, including, the Privacy Policy (and updates to the foregoing) shall constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The failure of us to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or our right to act with respect to subsequent or similar breaches. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.
Assignment. You may not assign these Terms without Gigpro’s prior written approval. Gigpro may transfer, assign, or delegate these Terms and its rights and obligations without your consent. Any purported assignment in violation hereof shall be of no power or effect.
Notifications and Service Messages.
Gigpro may give notice by means of a general notice on the Marketplace or in-app in the Mobile App, electronic mail to your email address in your Account, and/or by written communication sent by first class mail or pre-paid post to your address in your Account, and is effective when sent. You may give notice to Gigpro with such notice deemed given when received by Gigpro at any time by email tosupport@Gigpro.com.
To alert you to changes to the Services (such as for example modifications to these Terms and other applicable terms, such as our Privacy Policy, other policies, and guidelines) we may place a notice at the top of these Terms or place a banner notice on the Services. In the alternative, we may email you at the email address associated with your account. We are not undertaking or promising to provide this notice and you agree we have no obligation to do so. It is your responsibility to check for modifications to the Terms and you agree we will have no liability if you fail to do so.
You agree that we may communicate with you regarding the Services, your Gigpro account and all services via your Gigpro account or through certain other means including email, mobile number, telephone, or via delivery services including the postal service. You further agree that Gigpro and its officers, directors, agents, investors, and employees have no liability connected with or arising from your failure to maintain current and accurate contact information including, without limitation, your failure to receive critical information regarding the Services.
Customer Service. Gigpro provides assistance to its users through its Customer Service Representatives. Communications between you and our Customer Service Representatives may be recorded for quality assurance purposes and you are prohibited from being abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate toward our Customer Service Representatives. We reserve the right to immediately terminate your account, and you will not be entitled to any refund, if we, in our sole discretion, feel that you have mistreated our Customer Services Representatives in any way.
VOLUNTEER MODE
Volunteer Mode. Gigpro may choose to offer the basic marketplace technology to certain markets that have been affected by a natural disaster or are in need of assistance in organizing volunteers. These chosen areas may be consistent with a current market or unique and Gigpro maintains the right to activate and deactivate them with full discretion. The product offering in “Volunteer Mode” will be the marketplace offering without any billing, payment or identity verification functionality and is intended to be used for volunteer coordination and communication efforts only.
Indemnification. Any user of Gigpro in Volunteer Mode, upon using the product, agrees to fully indemnify Gigpro as articulated in section 20.A. of this agreement.
Waiver of Insurance.Any volunteer user, upon using the product in Volunteer Mode, waives the right to OAI referenced in section 4.N. in this agreement. Furthermore, any user posting volunteer positions acknowledges that volunteers arranged through Gigpro will be without the injury policy and that the organization for which they are arranging volunteers may be liable for injuries sustained during the volunteering efforts.

For information about our responsible disclosure policy and any other technical inquiries, please email us atsupport@gigpro.com.