GIGIMOT Terms of Service

Last updated: April 3, 2021

Gigimot’s (“GIGIMOT”) mission is to help people all around the world discover and join online classes with professional coaches and trainers in the simplest way possible. In order to make our mission global, we need rules to keep our marketplace and services safe for You, us, and our growing community. GIGIMOT’s website, mobile application, and related services, information and communications are collectively referred to as the “GIGIMOT Marketplace”. These Terms of Service (“Terms of Service”) apply to all Your activities on the GIGIMOT Marketplace.

The GIGIMOT Marketplace enables connections between Customers and Service Providers. “Customers” are individuals and/or businesses seeking to purchase group or one-on-one live sessions (“Sessions”) from Service Providers and are therefore Customers of Service Providers, and “Service Providers” are individuals and/or businesses seeking to offer group or one-on-one live Sessions for Customers in Fitness, Nutrition and/or Life Coach categories. If You are a Service Provider, You must also agree to the Service Provider Terms. Customers and Service Providers together are hereinafter referred to as “Users".

The use of all personal data You submit to the GIGIMOT Marketplace or which we collect about You is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the GIGIMOT Marketplace You have reviewed the Privacy Policy.

The Service Provider Terms and Privacy Policy are incorporated by reference into these Terms of Service, and together form, and are hereinafter referred to as the “Agreement”.

Your consent at registration and continued use of the GIGIMOT Marketplace constitutes Your acceptance of and agreement to all of the terms and conditions in these Terms of Service, Service Provider Terms, and the Privacy Policy, as well as any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. If any future changes to this Agreement are unacceptable to You or cause You to no longer be in compliance with this Agreement, You must deactivate Your account, and immediately stop using, the GIGIMOT Marketplace.

SERVICE PROVIDERS ARE INDIVIDUALS OR INDEPENDENT BUSINESS OWNERS, AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF GIGIMOT. GIGIMOT DOES NOT PERFORM SESSIONS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SESSIONS.

Any reference on the GIGIMOT Marketplace to the Service Provider being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Service Provider has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by GIGIMOT of such Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Customers to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they contact or interact with via the GIGIMOT Marketplace.

The GIGIMOT Marketplace enables connections between Users for the fulfilment of Sessions. GIGIMOT is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Sessions, Service Providers, or Customers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. GIGIMOT makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Sessions, or the communications of or between, Users identified through the GIGIMOT Marketplace, whether in public or private, via online or offline interactions, or otherwise howsoever.

USERS HEREBY ACKNOWLEDGE THAT GIGIMOT DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR SERVICE PROVIDERS’ SESSIONS AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE PERFORMANCE OF THE SERVICE PROVIDER IN ANY MANNER.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE GIGIMOT MARKETPLACE.

1. Accounts

You need an account for most activities on the GIGIMOT Marketplace, including to purchase and access content or to submit content for publication. When setting up and maintaining Your account, You must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for Your account and everything that happens on Your account, including for any harm or damage (to us or anyone else) caused by someone using Your account without Your permission. This means You need to be careful with Your password and login information. You may not transfer Your account to someone else or use someone else’s account. If You contact us to request access to an account, we will not grant You such access unless You can provide us with the information that we need to prove You are the owner of that account. In the event of the death of a User, the account of that User will be closed.

You may not share Your account login credentials with anyone else. You are responsible for what happens with Your account and GIGIMOT will not intervene in disputes between Customers or Service Providers who have shared account login credentials. You must notify GIGIMOT immediately upon learning that someone else may be using Your account without Your permission (or if You suspect any other breach of security) by contacting our Support Team. We may request some information from You to confirm that You are indeed the owner of Your account.

Users must be at least 18 years of age to create an account on GIGIMOT and use GIGIMOT Marketplace. If You are younger than 18 but above the required age for consent to use online services where You live (for example, 13 in the US or 16 in Ireland), You may not set up an account, but we encourage You to invite a parent or guardian to open an account and help You access content that is appropriate for You. If You are below this age of consent to use online services, You may not create a GIGIMOT account. If we discover that You have created an account that violates these rules, we will terminate Your account.

Under our Service Provider Terms, You may be requested to verify Your identity before You are authorized to submit content for publication on the GIGIMOT Marketplace.

You acknowledge that telephone calls to or from GIGIMOT, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.

You can terminate Your account at any time by contacting our Support Team.

2. Payments

(a) Pricing

The prices of Sessions on the GIGIMOT Marketplace are fully determined by Service Providers based on the terms of the Service Provider Terms.

If You are logged into Your account, the listed currency You see is based on Your account settings preferences when You created Your account. We do not enable Users to see pricing in other currencies.

(b) Payments

You agree to pay the fees for the Sessions that You purchase, and You authorize GIGIMOT to charge Your debit or credit card or process other means of payment for those fees. GIGIMOT works with Stripe Payment Service Provider (“PSP”) to offer You the most convenient payment method in Your country and to keep Your payment information secure. We may update Your payment methods using information provided by the PSP. Check out our Privacy Policy for more details.

When You make a purchase, You agree not to use an invalid or unauthorized payment method. If Your payment method fails and You still get access to the Session You are enrolling in, You agree and authorize GIGIMOT to charge Your debit or credit card the amount for that Session. GIGIMOT reserves the right to disable access to any Session for which GIGIMOT has not received adequate payment.

(c) Cancellation and Refunds

You can cancel Your Session anytime, but not later than 2 hours before the Session, inside Your GIGIMOT account, and You will get a full Refund. Should You cancel less than 2 hours before the Session, Your payment is non-refundable. All Sessions that are Happening Soon are non-refundable.

Should the Service Provider cancel the Session, or not show up at all, You are subject to a full refund. As detailed in the Service Provider Terms, Service Providers agree that Customers have the right to receive full Refund.

At our discretion, if we believe You are abusing our refund policy, such as if You’ve cancelled a significant times of the Session that You want to refund or if You’ve previously refunded the Session, we reserve the right to deny Your refund, restrict You from other future refunds, ban Your account, and/or restrict all future use of the GIGIMOT Marketplace. If we ban Your account or disable Your access to the content due to Your violation of these Terms of Service, You will not be eligible to receive a refund, nor any type of compensation.

(d) General Payment Terms

Service Providers will be required to set up an account with the approved by GIGIMOT third party Payment Service Provider (“PSP”), which may require any or all of the following: registration with the PSP, agreement with the terms of service of the PSP (the “PSP Services Agreement”), and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Service Provider agrees that they have reviewed and agreed to the PSP Services Agreement. Please note that GIGIMOT is not a party to the PSP Services Agreement and that You, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that GIGIMOT has no obligations, responsibility or liability to any Service Provider or other party under the PSP Services Agreement.

To help prevent fraud and safeguard Service Provider information from the risk of unauthorized access, GIGIMOT and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the Service Provider and then refunded within 1-3 business days.

When the Customer books the Session with the Service Provider through the GIGIMOT Marketplace and that Session has been completed, the PSP automatically processes the payment.

GIGIMOT reserves the right (but not the obligation) upon request from Customer or Service Provider, or upon notice of any potential fraud, unauthorized charges or other misuse of the GIGIMOT Marketplace, to (i) place on hold any Service Payments, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.

Users of the GIGIMOT Marketplace will be liable for any taxes (including VAT, if applicable to your country) required to be paid on the given and/or purchased Sessions under the Agreement.

3. User Representations and Warranties

When interacting with other Users, You should exercise caution and common sense to protect Your personal data, just as You would when interacting with other persons whom You don’t know. GIGIMOT will not be liable for any false or misleading statements made by Users of the GIGIMOT Marketplace.

NEITHER GIGIMOT, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE GIGIMOT MARKETPLACE AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GIGIMOT AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GIGIMOT MARKETPLACE.

User Representations and Warranties

All Users represent and warrant that:

  • You are at least of the legally required age in the jurisdiction in which You reside, and are otherwise capable of entering into binding contracts;
  • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that You will so abide;
  • You have read, understand, and agree to be bound by these Terms of Service, and the Privacy Policy;
  • You will respect the privacy and data protection rights of Users and will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or GIGIMOT in connection with the GIGIMOT Marketplace without the prior written consent of GIGIMOT and/or the relevant User, as applicable;
  • You will act professionally and responsibly in Your interactions with other Users;
  • You will use Your real name or business name and an up-to-date professional photo on Your profile;
  • When using or accessing the GIGIMOT Marketplace, You will act in accordance with all applicable local, county, provincial, national, or international law or custom and in good faith;
  • You will not use the GIGIMOT Marketplace for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
  • Where You enter into this Agreement on behalf of a company or other organization, You represent and warrant that You have authority to act on behalf of that entity and to bind that entity to this Agreement.
  • Other than as fully and promptly disclosed in writing to GIGIMOT, You do not have any motivation, status, or interest that GIGIMOT may reasonably wish to know about in connection with the GIGIMOT Marketplace, including without limitation, if You are using or will or intend to use the GIGIMOT Marketplace for any journalistic, academic, investigative, or unlawful purpose.
  • All communications and payments shall be done only through GIGIMOT Marketplace. In the event of failure, GIGIMOT will not be able to help resolve Users’ issues.

To read what Service Providers additionally represent and warrant check Service Providers Terms.

4. Public Areas; Acceptable Use

The GIGIMOT Marketplace may contain profiles, email systems, blogs, message boards, reviews, ratings, request postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users inside the GIGIMOT Marketplace. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the GIGIMOT Marketplace, You should not share Your personal contact information with other Users, nor engage with Users outside the GIGIMOT Marketplace.

Without limitation, the GIGIMOT Marketplace may not be used for any of the following purposes:

  • To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and GIGIMOT staff;
  • To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
  • To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or GIGIMOT;
  • To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage GIGIMOT or its Users’ computers and/or mobile devices;
  • To advertise or offer to sell any goods or services for any commercial purpose through the GIGIMOT Marketplace which are not relevant to the Service services;
  • To engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by GIGIMOT in its sole discretion;
  • To conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • To impersonate another person or a User or allow any other person or entity to use Your user profile to post or view comments;

While using the GIGIMOT Marketplace, You may not:

  • Use the GIGIMOT Marketplace for any unauthorized or illegal purpose, including but not limited to posting or performing a Service in violation of local, state, county, provincial, national, or international law;
  • Post or upload any content which You have not obtained the necessary rights and permissions to use accordingly;
  • Post the same Service repeatedly (“Spamming”);
  • Download any file posted by another User that You know, or reasonably should know, cannot be legally distributed through the GIGIMOT Marketplace;
  • Restrict or inhibit any other User from using and enjoying the Public Areas;
  • Imply or state that any statements You make (whether on or off the GIGIMOT Marketplace) are endorsed by GIGIMOT, without the prior written consent of GIGIMOT;
  • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the GIGIMOT Marketplace, or the electronic addresses or personal information of others, in any manner;
  • Frame or utilize framing techniques to enclose the GIGIMOT Marketplace or any portion thereof;
  • Hack or interfere with the GIGIMOT Marketplace, its servers or any connected networks;
  • Adapt, alter, license, sublicense or translate the GIGIMOT Marketplace for Your own personal or commercial use;
  • Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by GIGIMOT and Affiliates;
  • Upload content to the GIGIMOT Marketplace that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
  • Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
  • Use the GIGIMOT Marketplace to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the GIGIMOT Marketplace as set forth herein;
  • Use the GIGIMOT Marketplace to collect usernames, email addresses, or other personal information of Users by electronic or other means;
  • Use the GIGIMOT Marketplace or the Service services in violation of this Agreement;
  • Use the GIGIMOT Marketplace in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining GIGIMOT’s trade secret information for public disclosure or other purposes;
  • Attempt to circumvent the payments system or service charge in any way including, but not limited to, making or processing payments outside of the GIGIMOT Marketplace, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
  • Register under different usernames or identities after Your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
  • Cause any third party to engage in the restricted activities above; or
  • Use tools with the goal of masking Your IP address (like the TOR network).

You understand that all submissions made to Public Areas will be public and that You will be publicly identified by Your name or login identification when communicating in Public Areas. GIGIMOT will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

5. Mobile App Updates and Upgrades

By installing the App(s), You consent to the installation of the App(s) and any updates or upgrades that are released through the GIGIMOT Marketplace. The App (including any updates or upgrades) may (i) cause Your device to automatically communicate with GIGIMOT’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on Your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

6. Deactivation and Suspension

GIGIMOT may suspend Your right to use the GIGIMOT Marketplace pending its investigation of a potential breach by You of this Agreement. GIGIMOT may deactivate Your account or limit Your use of the GIGIMOT Marketplace upon its determination that You breached a provision of this Agreement (a “User Breach”). GIGIMOT will provide You with written notice of its determination. If You wish to appeal this determination, please contact policies@gigimot.com within 14 days of receipt of such notice with the grounds for Your appeal.

If GIGIMOT suspends or deactivates Your account or limits Your use of the GIGIMOT Marketplace pursuant to this Section 6, You are thereafter prohibited from registering and creating a new account under Your name or business name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party.

Even after Your right to use the GIGIMOT Marketplace is suspended, terminated or limited, this Agreement will remain enforceable against You. GIGIMOT reserves the right to take appropriate legal action pursuant to the Agreement.

GIGIMOT reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the GIGIMOT Marketplace at its sole discretion. GIGIMOT will provide You with notice of any such modification or discontinuation as required by law. To the extent permitted by law, GIGIMOT shall not be liable to You for any modification or discontinuance of all or any portion of the GIGIMOT Marketplace. GIGIMOT has the right to restrict anyone from completing registration as a Service Provider if such person may threaten the safety and integrity of the GIGIMOT Marketplace, its Users or if such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the GIGIMOT Marketplace and deactivating Your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or Your use of the GIGIMOT Marketplace.

7. User Generated Content

User Generated Content” is defined as any information and materials You provide to GIGIMOT, its corporate partners, or other Users in connection with Your registration for and use of the GIGIMOT Marketplace and participation in GIGIMOT promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for Your online distribution and publication of Your User Generated Content. You acknowledge and agree that GIGIMOT is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, You acknowledge and agree that GIGIMOT has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.

You hereby represent and warrant to GIGIMOT that Your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the county where the Service is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that You are employed or directly engaged by or affiliated with GIGIMOT or otherwise purport to act as a representative or agent of GIGIMOT; and (i) will not create liability for GIGIMOT or cause GIGIMOT to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

The GIGIMOT Marketplace hosts User Generated Content relating to reviews and ratings of specific Service Providers (“Reviews”). Review is such User’s opinion and not the opinion of GIGIMOT, and has not been verified or approved by GIGIMOT. You agree that GIGIMOT is not responsible or liable for any Review or other User Generated Content. GIGIMOT encourages each User to give objective, constructive and honest Review about the other Users with whom they have transacted. GIGIMOT is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Review but may do so at its discretion. You agree that Review enables Users to post and other Users to read about Users’ expression of their experiences and that You will not complain or take any action merely because You happen to disagree with such Review. You may request removal of a review that violates this Agreement or the GIGIMOT by contacting the Support Team. Each Customer should undertake their own research to be satisfied that a specific Service Provider has the right qualifications.

GIGIMOT respects the personal and other rights of others, and expects Users to do the same. GIGIMOT is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.

If a User believes, in good faith, that any User Generated Content provided on or in connection with the GIGIMOT Marketplace is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify GIGIMOT. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify the GIGIMOT. Such notification can be made at legal@gigimot.com.

8. Links to Third-Party Websites

The GIGIMOT Marketplace may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by GIGIMOT or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the GIGIMOT Marketplace as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. GIGIMOT does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is Your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that GIGIMOT is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, You acknowledge and agree that GIGIMOT has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the GIGIMOT Marketplace at its sole discretion.

As part of the functionality of the GIGIMOT Marketplace, You may link Your account with online accounts You may have with third party social networking service providers (such as Facebook or Google) (each such account, a “Third-Party Account”) by either: (i) providing Your Third-Party Account login information through the GIGIMOT Marketplace; or (ii) allowing GIGIMOT to access Your Third-Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third-Party Account. You represent that You are entitled to disclose Your Third-Party Account login information to GIGIMOT and/or grant GIGIMOT access to Your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third-Party Account and without obligating GIGIMOT to pay any fees or making GIGIMOT subject to any usage limitations imposed by such third-party service providers. By granting GIGIMOT access to any Third-Party Accounts, You understand that (i) GIGIMOT may access, make available and store (if applicable) Your public profile that You have provided to and stored in Your Third-Party Account (the “SNS Content”) so that it is available on and through the GIGIMOT Marketplace via Your GIGIMOT account, including without limitation any friend lists, and (ii) GIGIMOT may submit to and receive additional information from Your Third-Party Account to the extent specified when You link Your account with the Third-Party Account. Unless otherwise stated in these Terms of Service, all SNS Content shall constitute User Generated Content. Depending on the Third-Party Accounts You choose, and subject to the privacy settings that You have set in such Third-Party Accounts, personally identifiable information or personal data that You post to Your Third-Party Accounts may be available on and through Your account on the GIGIMOT Marketplace. Please note that if a Third-Party Account or associated service becomes unavailable or GIGIMOT’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the GIGIMOT Marketplace. You will have the ability to disable the connection between Your account on the GIGIMOT Marketplace and Your Third-Party Accounts at any time, by revoking permissions in the account settings of Your Third-Party Account.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

GIGIMOT makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and GIGIMOT is not responsible for any SNS Content.

The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at Your own risk. GIGIMOT expressly disclaims any liability arising in connection with Your use and/or viewing of any websites or other material associated with links that may appear on the GIGIMOT Marketplace. You hereby agree to hold GIGIMOT harmless from any liability that may result from the use of links that may appear on the GIGIMOT Marketplace.

9. GIGIMOT Operates as an Online Marketplace

GIGIMOT operates as an online marketplace that connects Customers with Service Providers who wish to engage with one another. GIGIMOT does not perform Sessions and does not employ Service Providers to perform Sessions. Service Providers operate as separate entities, physical entities, or independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Customers through the GIGIMOT Marketplace. GIGIMOT does not control or direct the Service Providers’ performance of their Sessions or set their work locations or work hours. Service Providers provide Sessions under their own name, and not under GIGIMOT’s name. GIGIMOT does not set Service Providers’ hours or terms of work. Service Providers set their own rates for Sessions performed in the GIGIMOT Marketplace.

The GIGIMOT Marketplace is not an employment agency service or business and GIGIMOT is not an employer of any User. Service Providers acknowledge and confirm that they are responsible for exercising their own business judgment while giving Sessions and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.

10. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including GIGIMOT designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the GIGIMOT Marketplace is owned by GIGIMOT, excluding User Generated Content, which Users hereby grant GIGIMOT a license to use as set forth above in Section 7. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. GIGIMOT owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the GIGIMOT Marketplace without GIGIMOT’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.

The trademarks of GIGIMOT, including without limitation GIGIMOT, and associated logos, are trademarks owned by GIGIMOT. Any other trademarks, logos and/or trade names appearing via the GIGIMOT Marketplace are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

11. Copyright Complaints and Copyright Agent

GIGIMOT respects the intellectual property of others and expects Users to do the same. If You believe, in good faith, that any materials provided on or in connection with the GIGIMOT Marketplace infringe upon Your copyright or other intellectual property right, please send the following information to copyright@gigimot.com:

  • A description of the copyrighted work that You claim has been infringed, including the URL (Internet address) or other specific location on the GIGIMOT Marketplace where the material You claim is infringed is visible. Include enough information to allow GIGIMOT to locate the material, and explain why You think an infringement has taken place;
  • A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
  • Your name, address, telephone number, and e-mail address;
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

12. Confidential Information

You acknowledge that Confidential Information (“Confidential Information”) (as defined below) is a valuable, special and unique asset of GIGIMOT and agree that You will not, for the lifetime of Your account on GIGIMOT plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the GIGIMOT Marketplace in accordance with these Terms of Service. If relevant, You may disclose the Confidential Information to Your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify GIGIMOT in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to GIGIMOT promptly upon deactivation of Your User account or termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of GIGIMOT’s trade secrets, confidential and proprietary information, and all other information and data of GIGIMOT that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to GIGIMOT or GIGIMOT’s business, operations or properties, including information about GIGIMOT’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

13. Disclaimer of Warranties

(a) Use Of The GIGIMOT Marketplace Is Entirely At Your Own Risk

THE TECHNOLOGY OF THE GIGIMOT MARKETPLACE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. GIGIMOT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE GIGIMOT MARKETPLACE OR THE CONTENT OF ANY SITES LINKED TO THE GIGIMOT MARKETPLACE AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL OR MENTAL INJURY OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GIGIMOT MARKETPLACE, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

GIGIMOT does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the GIGIMOT Marketplace or any hyperlinked website or featured in any banner or other advertising, and GIGIMOT will not be a party to or in any way be responsible for monitoring any transaction between You and other Users, or You and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use Your best judgment and exercise caution where appropriate. Without limiting the foregoing, GIGIMOT and Affiliates do not warrant that access to the GIGIMOT Marketplace will be uninterrupted or that the GIGIMOT Marketplace will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the GIGIMOT Marketplace, or as to the timeliness, accuracy, reliability, completeness or content of any Sessions, service, information or materials provided through or in connection with the use of the GIGIMOT Marketplace. GIGIMOT and Affiliates are not responsible for the conduct, whether online or offline, of any User. GIGIMOT and Affiliates do not warrant that the GIGIMOT Marketplace is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. GIGIMOT and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by You.

Notwithstanding any feature a User may use to expedite GIGIMOT selection, each Customer is responsible for determining the Session and selecting their Service Provider and GIGIMOT does not warrant any goods or services purchased by a Customer and does not recommend any particular Service Provider. GIGIMOT does not provide any warranties or guarantees regarding any Service Provider’s ability, professional accreditation, registration or license.

(b) No Liability

You acknowledge and agree that GIGIMOT is only willing to provide the GIGIMOT Marketplace if You agree to certain limitations of our liability to You and third parties. Therefore, You agree not to hold GIGIMOT and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to Your or any other party’s use of or inability to use the GIGIMOT Marketplace, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal data), any dispute with any User, any instruction, advice, act, or service provided by GIGIMOT and Affiliates, and any destruction of Your User Generated Content.

UNDER NO CIRCUMSTANCES WILL GIGIMOT AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE GIGIMOT AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER, SMARTPHONE OR TABLET DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY GIGIMOT, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE GIGIMOT MARKETPLACE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

GIGIMOT AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS GIGIMOT MARKETPLACE. GIGIMOT AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY SESSION PERFORMED VIA THE GIGIMOT MARKETPLACE.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT GIGIMOT AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO GIGIMOT (IF YOU ARE A CUSTOMER) OR TOTAL SERVICE PAYMENTS PAID TO YOU BY CUSTOMERS (IF YOU ARE A SERVICE PROVIDER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

14. Indemnification

You hereby agree to indemnify, defend, and hold harmless GIGIMOT and Affiliates from and against any and all Liabilities incurred in connection with (i) Your use or inability to use, or Your participation on, the GIGIMOT Marketplace; (ii) Your participation in Sessions, or Your ability or inability to perform or obtain the performance of Sessions or to receive payment therefore; (iii) Your breach or violation of this Agreement; (iv) Your violation of any law, or the rights of any User or third party; (v) Your failure to abide by Your representations and warranties in Section 3; (vi) any content submitted by You or using Your account to the GIGIMOT Marketplace, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; GIGIMOT reserves the right, in its own sole discretion, to assume the exclusive defence and control at its own expense of any matter otherwise subject to Your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of GIGIMOT.

15. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding Your use of the GIGIMOT Marketplace, Your relationship with GIGIMOT, Services, or this Agreement (including previous versions), (“Dispute”), You and GIGIMOT agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement, arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with Your account, with an email copy to the email address You have provided to GIGIMOT. GIGIMOT’s email address for such notice is legal@gigimot.ee.

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding Your use of the GIGIMOT Marketplace, Your relationship with GIGIMOT, Services, or this Agreement (including previous versions), (“Dispute”), You and GIGIMOT agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement, arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with Your account, with an email copy to the email address You have provided to GIGIMOT. GIGIMOT’s email address for such notice is legal@gigimot.ee.

Governing Law

Except as expressly provided otherwise, this Agreement and Your use of the GIGIMOT Marketplace will be governed by, and will be construed under, the laws of the Estonian Republic, without regard to choice of law principles.

16. General Provisions

Failure by GIGIMOT to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between You and GIGIMOT with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. This Agreement may not be assigned or transferred by You without our prior written approval. This Agreement will inure to the benefit of GIGIMOT, its successors and assigns.

17. Changes to this Agreement and the GIGIMOT Marketplace

GIGIMOT reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Service Provider Terms, and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the GIGIMOT Marketplace or any content or information through the GIGIMOT Marketplace at any time, effective with or without prior notice and without any liability to GIGIMOT. GIGIMOT will endeavor to notify You of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to You or cause You to no longer be in compliance with this Agreement, You must deactivate Your account, and immediately stop using, the GIGIMOT Marketplace. Your continued use of the GIGIMOT Marketplace following any revision to this Agreement constitutes Your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations. GIGIMOT may also impose limits on certain features or restrict Your access to part or all of the GIGIMOT Marketplace without notice or liability.

18. Acknowledgement and Consent

THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS FOR YOUR USE OF THE GIGIMOT MARKETPLACE. BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE GIGIMOT MARKETPLACE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE GIGIMOT MARKETPLACE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE OF THIS AGREEMENT.