GigoPro Terms of Service

GigoPro Terms of Service

General Provisions. Subject, Scope, Changes

GigoPro, Inc. ("GigoPro" or the "Company") offers users of the internet (each a "User") the opportunity to use the GigoPro online platform (gigopro.com) on the terms set forth in these Terms of Service.

  1. The GigoPro online platform is a combination of software and databases registered as the intellectual property of GigoPro. These components are hosted on the Company's servers, run its code, and provide access to information about home service pros stored in the databases.
  2. The platform is accessible on the internet at gigopro.com, including all current and future levels and sublevels of these domains. These Terms of Service also govern the use of all services, modules, apps, and software provided by the Company.
  3. These Terms of Service are a public offer from the Company, addressed to an open group of users. They contain an offer to enter into an agreement that governs the User's interaction with the GigoPro online platform on the terms set forth in this document.
  4. Under applicable US contract law, acceptance of these Terms includes any action by the User that indicates use of the GigoPro online platform. Such actions include, without limitation: first opening any page of the platform in a browser; viewing pages; posting reviews; registering; or any other form of interaction with the platform.
  5. By using the platform or any of its modules or features, the User confirms full and unconditional agreement to these Terms. If the User does not agree to any of these Terms, the User must refrain from using the platform.
  6. The Company grants the User a simple, non-exclusive license to use the functionality of the GigoPro online platform within the features it provides and free of charge, subject to these Terms.
  7. The free tier includes: the ability to search and review information for personal, non-commercial purposes; and the ability to post and edit listings about the User's business for commercial purposes.
  8. The paid tier includes: tools for business automation, customer and prospect management, and database operations. Access to paid features is provided under a separate license agreement with the Company. In that case these Terms of Service form an integral part of that agreement; where there is a conflict, the license agreement prevails.
  9. Use of the GigoPro online platform, its modules, and features is governed by: these Terms of Service; the Privacy Policy; any separate agreements with the Company; and any other documents posted on the official Company website — gigopro.com. All such documents are legally binding on the User from the moment of their acceptance, as described in section 4.

Users of the GigoPro Online Platform. Registration

Each User represents and warrants that:

  1. If the User is an individual, the User is at least the age of majority in their state of residence and is legally capable of accepting these Terms.
  2. If the User is acting on behalf of a company or other legal entity, the User has the authority to bind that entity to these Terms.
  3. To use the GigoPro online platform or certain of its features, the User may be required to create an account. In some cases GigoPro provides the User with a login and password depending on the User's role.
  4. The Company reserves the right to: restrict the User's access to the GigoPro online platform and/or any of its features; and fully suspend the User's account without explanation, including in cases of: violation of these Terms; violation of applicable laws, accepted norms of morality and ethics; or any other actions that may threaten the rights and legitimate interests of the Company or third parties.
  5. The User is fully responsible for: keeping account credentials (including passwords) confidential; and any activity conducted through their account, except where the User has promptly notified the Company of unauthorized access or suspected compromise.
  6. The User must promptly notify the Company about: any unauthorized use of their account; any compromised password; or any other security-related concerns.
  7. When registering, the User must: provide accurate and complete information about themselves and/or their company, by completing the registration form or by any other method the Company specifies; and keep this information current and up to date.
  8. The Company does not verify the information provided by the User for accuracy, completeness, or legality.
  9. However, if the Company has reason to believe that the information provided is incomplete or inaccurate, the Company may: suspend or delete the User's account; and refuse access to the GigoPro online platform and/or any of its features.
  10. The Company reserves the right to: request supporting documents from the User to verify the registration information; and treat a refusal to provide such documents as equivalent to providing inaccurate information.
  11. If the registration information does not match the information in the supporting documents, the Company may: deny the User access to the account; and discontinue the Services for that User.

User Content

  1. The User may upload images, videos, text, and other material ("Content") to the GigoPro online platform. By uploading Content, the User agrees that GigoPro may publish and use that Content on the platform and on third-party platforms without compensation, without additional permission, and without a time limit, subject to these Terms.
  2. The User may modify or delete Content they have uploaded. Where this is not technically possible, the User may contact the Company for help.
  3. The User grants GigoPro a simple (non-exclusive) license to use the Content, including material posted to any social media account (for example, Facebook or Instagram) that is linked from the GigoPro online platform.
  4. This license is granted at the same time as Content is added to the platform or any of its modules, and continues for the full term of exclusive rights in the Content. The license is worldwide and includes the right to sublicense.
  5. The license allows GigoPro to: use, copy, edit, modify, reproduce, distribute, and create derivative works; and to display, apply, sublicense, and otherwise use the Content, including for the promotion of the GigoPro online platform or any of its features through any channel (for example, third-party websites and web platforms).
  6. The User also grants other users of the GigoPro online platform a simple (non-exclusive), royalty-free license to access the Content through the platform, and to use, edit, modify, reproduce, distribute, and create derivative works within the context of the platform.
  7. The User is responsible for making sure that Content they post: complies with applicable law; and does not violate the rights and legitimate interests of third parties, including personal and intellectual property rights.
  8. If Content violates third-party rights or applicable law, the User is solely liable.
  9. GigoPro is not obligated to monitor Content posted by Users, but reserves the right to: refuse to publish or distribute Content; and remove Content posted on the platform.
  10. The User acknowledges that posting and using Content is done at their own risk.
  11. All information provided by the User, including information in their account, is processed and stored by GigoPro in accordance with the Privacy Policy.
  12. The User agrees that, to operate the GigoPro online platform, the Company may: copy (reproduce) Content; and adapt Content to meet the technical requirements of the platform and its features.

Terms of Use of the GigoPro Online Platform

The User is solely responsible to third parties for their actions related to use of the GigoPro online platform, including if those actions infringe the rights or legitimate interests of third parties, and for compliance with applicable law when using the platform.

When using the GigoPro online platform, the User must not:

  1. Upload, send, transmit, publish, or otherwise distribute any content that: is unlawful, harmful, defamatory, immoral, or promotes violence, cruelty, hate, or discrimination based on race, ethnicity, gender, religion, or other protected characteristics; infringes intellectual property rights; contains pornographic material, child sexual abuse material, or advertises sexual services; promotes illegal drugs, weapons, or explosives; or harasses specific individuals, organizations, or communities.
  2. Engage in any of the following: impersonating another person or the representative of a company, including GigoPro employees, moderators, or owners; misleading other users or GigoPro about the qualities, features, or rights of persons or objects; infringing the rights and interests of third parties, including minors; distributing ads, spam, or other prohibited messages; posting material containing viruses, malware, or code that can disrupt equipment, software, or provide unauthorized access; collecting, storing, or processing personal information of others without their permission; reproducing, copying, selling, or using parts of the GigoPro platform and/or its functionality for commercial purposes without permission from the Company.
  3. All materials available on the GigoPro online platform (design, text, images, video, software, databases, audio, and other elements) are the intellectual property of the Company, its users, and other rights holders.
  4. Use of these materials is permitted only within the functionality offered by the platform and subject to the following conditions: preserving all copyright, trademark, and other notices; and using the materials unchanged, unless applicable law or these Terms allow otherwise.
  5. The Company takes measures to protect intellectual property rights in response to requests from authorized parties. Rights holders who believe their rights have been infringed may contact the Company and provide: information about the rights holder and evidence of their rights; a description of the infringement and links to the content; and documents confirming the authority of the requester.
  6. Where evidence is insufficient or the situation is in dispute, the Company may decline to act. The rights holder may also contact the User who posted the disputed content directly.
  7. Rights-holder requests are reviewed in the order received; timing depends on the nature of the request and the overall volume. Bad-faith or repeated requests, or requests containing false information, will not be reviewed.
  8. If the Company is held liable under applicable law because of content posted by a User, the User will reimburse the Company for all losses, including compensation, fines, legal costs, and other expenses.
  9. Reimbursement must be made within 10 business days of the Company's request.
  10. The Company may retain User data, including Content or portions of it, to protect its interests for as long as necessary.
  11. The User must not disrupt the normal operation of the GigoPro online platform or any of its modules. Any action intended to degrade platform performance or circumvent the platform's rules is prohibited.

Disclaimer of Warranties; Limitation of Liability

  1. All information and material available to the User through the GigoPro online platform is used at the User's own risk. The User is solely responsible for the consequences of using such information or material, including any damage to the User or third parties or any other harm caused by that use.
  2. The GigoPro online platform and its modules are provided "AS IS", without any warranty of any kind. In particular: GigoPro is not responsible for the platform's uptime; GigoPro does not warrant that the platform, its modules, or any content: meets the User's requirements; operates continuously, quickly, reliably, or error-free; provides accurate and reliable results suitable for any particular purpose; provides products, services, or information that match the User's expectations; and GigoPro does not warrant the correctness, timeliness, or completeness of information obtained through the platform.
  3. The GigoPro online platform may contain links to third-party websites. GigoPro does not verify those sites or their content for accuracy, completeness, or compliance with applicable law or other requirements.
  4. GigoPro is not responsible for: information and material on third-party sites accessible through the platform; opinions, statements, ads, or the availability of such sites; or the consequences of the User's use of third-party content.
  5. The presence of a link to a site, product, service, or piece of information does not imply an endorsement or recommendation by GigoPro, unless expressly stated.
  6. GigoPro is not liable for damages arising from the use of the GigoPro online platform or any of its modules. To the maximum extent permitted by applicable law, GigoPro's total aggregate liability is limited to US $100 (one hundred US dollars).
  7. Nothing in these Terms affects any non-waivable consumer rights the User may have under applicable US law.

Miscellaneous

  1. These Terms of Service are effective for the entire period during which the User uses the GigoPro online platform.
  2. These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of laws principles. Any matters not addressed here, and any disputes arising from the parties' relationship, will be resolved in accordance with applicable US law.
  3. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in effect.
  4. GigoPro may at any time, at its discretion and without prior notice to the User, assign in whole or in part its rights and obligations under these Terms and any other related documents to a third party.
  5. The User may not assign any rights or obligations under these Terms or any right to use the GigoPro online platform or any of its features.
  6. GigoPro may send informational messages to the User by email or phone, in compliance with applicable laws (including the TCPA and CAN-SPAM) and the User's communication preferences.
  7. To improve the GigoPro online platform, and for other purposes, GigoPro may collect User feedback through surveys or similar requests.
  8. Collected feedback may be used for statistics or publication, including: posting reviews on GigoPro or affiliated services; and posting reviews without the author's account details.
  9. When providing feedback, the User agrees to comply with these Terms and any other applicable documents.
  10. You can contact GigoPro by email at: admin@gigopro.com.