Terms of Service 
Last Updated: December 30, 2022

IMPORTANT NOTICE: THIS AGREEMENT INCLUDES DISPUTE RESOLUTION PROVISIONS AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY. 

These terms govern you access to and use of our products and services offered through our Platform, Services, websites, communications (phone calls, emails, mails, texts) which we collectively call the “Service”. By accessing and using the Service, you are agreeing to our Terms of Service, which forms a legally binding contract with Gigaly Inc. 

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Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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Definitions

• “You", "your” refer to you, as the user of our Service or Platform in any way, shape or form 

• “We”, “us”, “our” refer to Gigaly and its subsidiaries 

• Device means any device that can access the Platform such as a computer, a cellphone or a digital tablet. 

• Gigaly Content refers to all content which Gigaly makes available through our platform 

• Platform or Service refers to our mobile applications, website and our web applications

• Service Provider or Pro refers to an individual or an entity who completes our registration process for our Platform in order to receive information about projects and quote requests, post promotions of their services and bid on projects. 

• Service Provider or Pro refers to an individual or an entity who completes our registration process for our services in order to receive information about projects and quote requests, post promotions of their services and bid on projects.

• Professional Services or Pro Service refers to the services that are provided by a Service Provider. 

• User refers to a member who has signed up on the Platform to request and receive quotes and bids from Service Providers 

• User Content refers to any content posted on the platform by either a User or a Pro

• Usage Data refers to data collected automatically, either generated by the use of the Platform or from the Platform infrastructure itself (for example, the duration of a page visit). 

Translation 

You may translate our Terms of Service into other languages for your convenience; however, the English version governs your relationship with Gigaly. 

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Modifications to The Terms  

We may modify our Terms of Service from time to time in our sole discretion. Gigaly will notify you of changes by posting it on our website. You understand and agree that your access to and use of our Service and Platform are governed by these Terms at the time of your access to or use of the Service. 

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Using the Service

Access to or use of the Service is available only to the individuals who are 18 years and older. By accessing or using the Service, you represent the warrant that you are eligible. 

You must create an account as a User or a Service Provider to be able use the Service. If you are a competitor of Gigaly, or if you have previously been banned from the Service, you may not use the Service. You may not create or use an account for anyone other than yourself. You must provide accurate information about yourself when you create an account. You may not impersonate another person or entity. You may not use another person or entity’s account. You are responsible for confidentiality of your Account password or other means through which you are identified with the Service. You agree to notify us of any unauthorized access to your account. We reserve the right to close your account, with or without cause, with or without prior notice. 

 

The Service may be interrupted, modified, updated, discontinued or suspended at any time without notice and liability. 

 

Gigaly does not provide Professional Services. We facilitate for our Users to find Service Providers and take advantage of promotions and bids by Service Providers. We do not share with Pros the exact location of the project that the User has created. We only use the location to find Service Providers who are interested to take on projects near that location. Service Providers may contact Users using the Platform including but not limited to our in-app chat. You understand and agree that the Platform, the information provided through the Platform and the communication channels provided directly or indirectly may not be used for any purpose other than the purposes intended by Us. Service Providers understand and agree that using the Platform does not guarantee that Users will engage them for their Professional Services. 

Service Providers understand and agree that they are not employees, partners or agents of Gigaly. Service Providers understand and acknowledge that Giglay does not have any control over prices and work schedule set by Service Providers. Service Providers provide their own equipment.  

Gigaly, as permitted by applicable laws, does ID verification of our Service Providers, and may require them to complete background and credit checks before using the Platform. We may limit, block, suspend or cancel a Service Provider’s account based on the result of these checks. By using the Platform, you as a Service Provider agree and authorize us to do these checks. 

Users and Service Providers will need to create an account before using our Service. You may register for an account using our native authentication mechanism or a Third-Party Authentication Service. You agree to provide us accurate and current information and to keep the information as so. You agree to inform us of any unauthorized access or use of your Account. We are not responsible and liable for any damages and losses causes by such unauthorized use. 

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User Content 

We may permit you to post, upload, update or transmit User content in our sole discretion. We may use your content for, but not limited to, publicly displaying it, promoting it, incorporating it into our advertisements and other works. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, transferable, sublicensable rights to you content for any purpose. Giglay does not attempt to verify any copyrights and licenses of User Content. We do not claim ownership rights in your User Content. You own your content, and Gigaly owns Gigaly Content. 

You are responsible for all User Content you make available through the Platform. You understand and agree that you may not make available User Content that may violate any third-party right including, but not limited to, copyright, trademark, patent, trade secret, moral right, privacy right or any intellectual property. You may not make available any false, misleading or unlawful User Content through the Platform. 

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You acknowledge and agree that any damages and losses caused directly or indirectly, with or without intention, by your User Content will be your sole responsibility, and Gigaly will not be liable for that. 

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User Content does not necessarily reflect the opinion of Gigaly. We reserve the right to, with or without cause, limit, edit, remove or reinstate User Content. Except as required by law, Gigaly has no obligation to retain or provide you with copies of your User Content. 

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Gigaly Content 

Gigaly Content is protected by copyright, trademark, trade secret and other laws of Canada and international conventions. We own the Gigaly contents including, but not limited to, visual interfaces, interactive features, designs, graphics, logos, functionalities, compilation, curation, computer code and software, data and any other elements that we make available through our Platform. We own the trade names, trade secrets and any other intellectual proprietary rights that are associated with Gigaly and the Service worldwide. You may not use, without unambiguous and express written authorization, display, adapt, publish, modify, reproduce or create adaptations of our Gigaly Content. 

 

Gigaly Subscriptions, Fees and Taxes 

In order for Gigaly to operate, we charge Service Providers certain fees (“Gigaly Fees” or “Fees). Service Providers can pay these Fees to use different features, and take advantage of certain services on the Platform. These Fees are not subscriptions, nor will they be charged upfront or automatically. 

Service Providers may store at least one credit card in their account on the Platform in order to be able to use our services. This serves both as part of our KYC and for payment. All credit card information is stored with Stripe and not on the Platform. 

Service Providers will be able to create an account on the Platform and be placed in our directory where Users can see their profiles, read their reviews and contact them. If a Service Provider receives a project through the platform in a given time period, they will be charged a certain fee based on the type of service they offer and the size of the project. However, in any given period, there is a limit to these fees and we will not charge for more than a certain amount. For additional products and services, Fees will be presented to you before you use such products and services. 

We send out invoices to Service Providers based on all the aforementioned criteria for a given period. 

We do not charge Users to access and use our Platform. 

All payments on the Platform are subject to applicable taxes including, but not limited to, provincial and federal taxes. 

Until further notice, all Services on the Platform are offered free of charge. 

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Prohibitions 

Any and all users of our Platform may not: 

• Be associated in any manner with our direct and indirect competition. 

• Use any automated software and system including but not limited to scrapers. bots, offline readers to access or extract data from the Platform. 

• Impersonate another person or entity 

• Use or access the account of another person or entity 

• Take any action that may encumber our Platform or the platform and infrastructure of our partners. 

• Collect, harvest or publish any personally identifiable data from the Platform 

• Contact any Users or Service Providers in any manner other than the methods intended by the Platform. 

• Upload, submit or transmit inappropriate, unlawful, or defamatory User Content. 

• Agree to perform a Professional Service for Users when you as a Service Provider do not have the necessary qualifications, permits and licenses. 

• Advertise or offer a Professional Service that may not be appropriate for our Platform. 

• Take any action that may undermine the accuracy and efficacy of our review and rating system. 

Any of the actions above may result in account suspension or termination. 

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Account Suspension and Termination 

We reserve the right, with or without cause, with or without prior notice, to limit, edit, suspend, block, cancel or terminate a promotion, a bid, or an account at any time. We may, in our sole discretion, communicate to other Users about this action. You will not be entitled to any compensation for the subsequent results of this action including, but not limited to, editing or suspending or deleting Service Provider profiles, promotions and bids or account termination. If your account is cancelled or terminated, we are under no obligation to retain, delete or return to you any Usage Data or User Content that you have created, posted or transmitted on our Platform including any reviews and ratings. 

 

Arbitration and Class Action Waiver 

By agreeing to these terms, you agree to resolved any and all disputes and disagreement with Gigaly in the following manner: 

• Contact Us First. Most disputes and disagreements can be resolved without resort to litigation. We make every effort to resolve disputes and disagreement in an efficient manner. You can reach us at support@gigaly.com 

• Arbitration. If the parties do not reach an agreement within a period of sixty days form the time the dispute is initiated, you agree that any claim or dispute will be resolved by Arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The language of the Arbitration will be English, and it will take place in Toronto, Ontario, Canada. 

• Class Action Waiver. The parties agree that Arbitration shall be conducted on an individual basis and not as a class action or other representative action. The parties further acknowledge and agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any class, purported class or representative proceeding. The parties expressly waive the right to file a class action or seek relief on class basis. 

• Statute of Limitations. You acknowledge and agree that any claim or dispute arising from or related to the Platform and Professional Services must be brought within one year of the act giving rise to the claim. Otherwise, such cause of action is permanently barred. 

 

Indemnity 

You agree to indemnify, defend and hold harmless Giglay, its subsidiaries, partners, affiliates, employees, directors, agents, officers, contractors and representatives from and against any third-party claims, actions, demands, costs, expenses, damages, losses, and liabilities arising out of your access and use of the Platform including but not limited to violations of our Privacy Policy and Terms of Service, copyright infringements by you, any third-party accessing your Account or your interaction with any User or Service Provider. 

 

Disclaimers 

Your use of the Platform, content and Professional Services shall be solely at your own risk. The Platform and content are made available to you on an “As is”, “With all faults” and “As Available” basis. You are solely responsible for your communication and interactions with Users and Service Providers and for the information that you provide to them. You are solely responsible to verify that a Service Provider has the necessary qualifications, permits, licenses and insurance to perform the task for you. You understand and acknowledge that Gigaly does not verify all User Content or vet Service Providers. You agree to take reasonable precautions to protect yourself when and while interacting in any manner with Users and Service Providers. 

Gigaly explicitly disclaims all liability for act or omission of any Users and Service Providers. 

 

If you have any questions about these Terms of Service or the Platform, please contact us by email at: support@gigaly.com