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Gigs Central Terms of Service

Last Updated:  August 5, 2025

1. BACKGROUND

  1. Terms of Service.  This Agreement includes (i) these Gigs Central Terms of Service (including all applicable exhibits and incorporated documents) (“Gigs TOS”), (ii) any linked or other documents incorporated by reference, and (iii) your applicable Order Form(s) (collectively, the “Agreement”), and describes the terms and conditions for your use of the Services. This Agreement is effective as described in your first Order Form, or upon the date when you first access or use the Services (“Effective Date”). This Agreement is between the Gigs entity (“Gigs” or “Company”) and you or the organization on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement (“you,” “your,” “yours,” or "Customer”), in each case as identified on the applicable Order Form.  Customer also understands and agrees that it is responsible for all acts and omissions of its users of the Services (i.e., “End Users,” as further defined in Section 12 below). 

  2. Order Forms.  Gigs and Customer may execute one or more Order Forms in relation to the Services.  

  3. Applicable Terms; Order of Precedence; Updates.  In the event of any conflict or inconsistencies between the terms of any Order Form issued hereunder and the Gigs TOS, the terms of the Order Form shall control as necessary to resolve such conflict unless expressly stated otherwise. Gigs reserves the right to update or modify these Gigs TOS (including any of the Exhibits hereto or terms linked or referenced herein) at any time in Gigs’s sole discretion. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any changes will become effective when posted and will supersede these Gigs TOS.  Your continued use of the Services after changes are posted constitutes your acceptance of the new Gigs TOS. You should visit this page before using the Services each time to see if there have been any changes to these Terms of Services.

2. SERVICES

  1. Right to Access and Use; End User Terms.  Subject to the terms of this Agreement, Gigs hereby grants to the Customer a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable right to access and use the Services in the Territory during the applicable term. Customer shall also ensure that End Users accept and abide by the terms and conditions applicable to the Services (“End User Terms”) prior to use. Customer will at all times cooperate with Gigs to ensure End Users’ acceptance of End User Terms.  An online version of the End User Terms is provided at https://gigs.com/legal/central-end-user-terms, which Gigs may modify from time to time.  Any changes will become effective when posted. End Users continued use of the Services after changes are posted constitutes acceptance of the new End User Terms. End Users should visit this page before using the Services each time to see if there have been any changes to the End User Terms.

  2. Publicity.  The Parties shall collaborate in good faith on any public announcements, press releases, or other statements related to this Agreement and/or the Services across various media platforms (“Public Statements”). Any Public Statements, including their content and timing, shall be subject to the prior written consent of both Parties. Neither party shall be obligated to participate in any publicity efforts without their express approval.

  3. Restrictions.  Except as otherwise expressly permitted herein, Customer shall not (and shall not allow any third-party to): (i) attempt to sell, transfer, assign, rent, lend, lease, sublicense or otherwise provide third parties the benefit of the Services; (ii) "frame," "mirror,” copy or otherwise enable third parties to use the Services (or any component thereof) as a service bureau or other outsourced service; (iii) allow access to the Services by multiple individuals impersonating a single end user; (iv) modify or use the Services in a manner that interferes with, degrades, or disrupts the integrity or performance of any Gigs’s services, systems or other offerings, including, without limitation, data transmission, storage, and backup; (v) use the Services for the purpose of developing a product or service that competes with any of Gig’s products or services; (vi) circumvent, interfere with, or disable any security features or functionality associated with the Services, including by conducting security or vulnerability tests or circumventing access restrictions; (vii) reverse engineer, decompile, or seek to access the source code of the Services; (viii) copy, modify, create derivative works of, or remove proprietary notices from the Services; (ix) use the Services to infringe, misappropriate, or violate any third party's Intellectual Property Rights; or ix) use the Services in any manner prohibited by Law or treaties, or for any purposes beyond the scope of the rights granted in this Agreement, including, for the avoidance of doubt, any use that violates U.S. export control or sanctions laws and regulations.

  4. Modification of the Services; Upgrades.  Gigs may at any time alter the design of the Services provided that the alteration: (i) does not result in any material degradation of the Services as set forth in the Documentation; (ii) is required to avoid infringement of any third-party intellectual property; (iii) is required to conform with Law or other Gigs obligation. Additionally, as available, Customer shall upgrade to the latest version of the Gigs Platform Services and any other technological integrations necessary for the proper functioning of the Services (“Upgrades”) as they are released. Gigs shall provide reasonable notice of any required Upgrades to allow for the necessary adjustments by Customer. Failure to promptly implement an Upgrade may result in diminished performance, limited functionality, or service disruptions, for which Gigs shall not be responsible. Customer acknowledges that maintaining compatibility with the most current versions of the Services through Upgrades is essential for optimal performance.

  5. Verification; Prohibited Customers.  Customer agrees to implement reasonable industry-standard measures to verify End User identity as part of its normal onboarding process prior to making the Services available to any End User. Gigs will provide Customer with any specific verification requirements as needed, and the parties will cooperate to ensure compliance with applicable Law, including anti-fraud and identity verification obligations.  In addition to the restrictions contained elsewhere in this Agreement, Customer may only provide Services to its End Users.  Customer shall not promote, distribute, resell, or otherwise provide access to the Services, or solicit or market any of the foregoing, to any Prohibited Customers.

  6. Support.  Gigs shall provide Customer (on behalf of itself and/or its End Users) support related to the functionality of the Services.  Any support-related requests ("Support Requests") shall be submitted by Customer to Gigs using available channels located at https://gigs.com/products/central. Gigs shall use commercially reasonable efforts to respond to and resolve Support Requests during normal business hours of Monday through Friday, 9am to 5pm PST.

3. TERM; TERMINATION

  1. Term; Renewals.  The term of this Agreement (the “Term”) will commence on the Effective Date. The Term will continue until the sooner of (i) the termination of the separate agreement between Gigs and its Third Party Connectivity Provider pursuant to which Gigs is able to resell the Services, or (ii) by either party in accordance with this Agreement.

  2. Termination.  Unless otherwise provided, either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. For the avoidance of doubt, termination of this Agreement shall also terminate all Services as to End Users.  Neither party shall have any termination right(s) other than those expressly set forth under this Agreement or applicable Law.  Notwithstanding anything to the contrary Gigs reserves the right to terminate this Agreement and cease providing any Services on thirty (30) days written notice.

  3. Termination for Cause; Suspension. This Agreement may be immediately terminated by a party if: (i) the other party commits a material breach of its obligations hereunder that is not cured within thirty (30) days after written notice thereof from the non-breaching party, or (ii) a petition in bankruptcy or other insolvency proceeding is filed by or against the other party, or if an application is made for the appointment of a receiver for the other party of its property, or if the other party makes an assignment for the benefit of creditors, is unable to pay its debts regularly as they become due, or ceases carrying on business in the ordinary course. In addition, Gigs may suspend provision of the Services, in whole or in part, rather than terminate the Agreement, if it believes in good faith and upon reasonable proof that the Customer or any of its End Users are violating the terms of the Agreement.

4. PAYMENT

  1. Payment Terms.  Billing and payment terms for all amounts owed in connection with the Services are as set forth on your Order Form.  Notwithstanding the foregoing, in the event that Gigs is unable to obtain payment from Customer, Gigs may seek payment for the Services directly from End Users.

  2. Service-Related Inspection Rights. Partner agrees to maintain complete and accurate documentation related to the Services provided under this Agreement. In order for Gigs to maintain and ensure that the Services provided to Partner, and Partner's use of Services are delivered and used in accordance with this Agreement, Gigs may, upon reasonable notice, request that Gigs be allowed to inspect any relevant records maintained by Partner that it maintains under the terms of this section. Gigs agrees it will only request such records to the extent (i) such records are related to a concern that Partner's use of the Services, and/or payment for such Services, are not in compliance with this Agreement; or (ii) such records are related to, or are reasonably needed to be inspected to resolve a technical issue relating to Gigs's platform or Gigs's obligations under this Agreement to deliver the Services to Partner.

5. PROPRIETARY RIGHTS; DATA PROTECTION

  1. Gigs’s Proprietary Rights.  All right, title and interest in and to the Services and all Intellectual Property Rights therein, and any enhancements, derivative works or improvements thereto are and shall remain exclusively with Gigs, its licensors or suppliers, and their respective successors and assigns. Except as expressly set forth herein, Customer is not granted any right, title or interest whatsoever (whether express, implied, or otherwise) in any aspect of the Services, other Confidential Information (as defined in Section 6) of Gigs, or any Intellectual Property Rights associated with any of the foregoing.

  2. Use of Trademarks.  Customer shall not use the name, logos, trademarks, trade names, service marks, or other proprietary rights associated with Gigs, any Services, or any other Gigs product or service without express written consent. Customer authorizes Gigs to use Customer’s name, logos and trademarks in Gigs’s promotional materials, website, and for publicity purposes. Customer can revoke this limited right to use in the foregoing sentence at any time upon written notice. For the avoidance of doubt, Customer is prohibited from using the name, logos, trademarks, trade names, service marks, or other proprietary rights associated with any Third-Party Connectivity Providers.

  3. Company’s Use of Service Data.  Customer acknowledges and agrees that Gigs may collect and use information gathered in connection with the Customer’s or its End Users’ use of the Services (“Service Data”) to operate, improve, and support the Services, Gigs’s products and services generally, and for other lawful business purposes. Gigs will not disclose Service Data externally to any third-party unless it is (a) de-identified so that it does not identify Customer, End Users, or any other person, and (b) aggregated with data across other of Gigs’s Customers, customers, and/or end users.

  4. Data Protection; Privacy.  Any personal data (as defined under applicable data privacy laws) processed by Gigs in providing the Services pursuant to this Agreement shall be treated in accordance with (i) Gigs’s privacy policy, available at https://www.gigs.com/legal/privacy-policy, and (ii) if applicable, the Data Processing Addendum (“DPA”) available at https://gigs.com/legal/terms-of-service-data-processing-agreement-partner, the terms of which are hereby incorporated by reference. 

6. CONFIDENTIALITY

  1. Meaning of Confidential Information.  Each party will have access to Confidential Information (as defined below) of the other party in the course of its performance under this Agreement. The parties desire to protect the Confidential Information disclosed by either party (the “Disclosing Party”) to the other party (the “Receiving Party”) or its (and its Affiliates’) directors, officers, employees, agents, advisors (including financial advisors and legal counsel) and or Customers and the directors, officers, Customers and employees of any such agents, advisors or Customers (collectively, “Representatives”). For purposes of this Agreement, “Confidential Information” means information disclosed, exchanged, or made available by or on behalf of the Disclosing Party to the Receiving Party under this Agreement, in any form, which (a) the Disclosing Party identifies to Receiving Party as “confidential” or “proprietary,” or (b) should be reasonably understood as confidential or proprietary due to its nature and the circumstances of its disclosure.  As used in this Agreement “Confidential Information” does not include information that the Receiving Party can document:  (i) is or becomes publicly available through no fault of the Receiving Party; (ii) was rightfully known or possessed by the Receiving Party prior to receipt from the Disclosing Party; (iii) is rightfully received from a third-party without confidentiality restrictions; or (iv) was independently developed by the Receiving Party without use of or reference to any Confidential Information.  Notwithstanding the foregoing, nothing in this provision shall limit the ability of a Party to disclose Confidential Information to its board, investors, potential acquirers or investors in relation to a transaction, financing, or other fundraising.

  2. Compelled Disclosure.  Notwithstanding anything to the contrary herein, a Receiving Party shall not be deemed to have violated this Agreement if it discloses Confidential Information in response to a bona fide subpoena, judicial order, or other lawful process issued by a court or governmental agency of competent jurisdiction. 

7. WARRANTIES; DISCLAIMERS

  1. Mutual Representations & Warranties.  Each party and each signatory represents that the signatory hereto has the authority to bind such entity to these terms and conditions. Each party further represents and warrants: (i) that it is duly authorized and has legal capacity and all necessary rights to enter into this Agreement; (ii) that the execution and delivery of the Agreement and the performance of its obligations hereunder has been duly authorized, and will not conflict with any other obligations it may have; and (iii) that it will comply with all Laws applicable to its performance under this Agreement.

  2. DISCLAIMER OF WARRANTIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET OUT IN THIS SECTION 7, GIGS PROVIDES NO OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND GIGS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

  3. DISCLAIMER OF SERVICES.  CUSTOMER ACKNOWLEDGES AND AGREES THAT SERVICES PURCHASED BY CUSTOMER UNDER THIS AGREEMENT MAY CONTAIN, BE CONTAINED IN, INCORPORATED INTO, ATTACHED TO OR PACKAGED TOGETHER WITH PRODUCTS AND PROVISION OF SERVICES PROVIDED BY THIRD-PARTIES, INCLUDING THIRD-PARTY CONNECTIVITY PROVIDERS. ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” OR “AS AVAILABLE” BASIS. FOR THE AVOIDANCE OF DOUBT, NEITHER GIGS NOR ANY OF ITS SUPPLIERS OR THIRD-PARTY CONNECTIVITY PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY PRODUCTS OR THE PROVISION OF SERVICES PROVIDED BY ANY THIRD-PARTY, AND CUSTOMER ACKNOWLEDGES AND AGREES THAT NO THIRD-PARTY CONNECTIVITY PROVIDER SHALL HAVE ANY LIABILITY TO CUSTOMER FOR ANY REASON IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER.

8. INDEMNIFICATION; LIMITATION OF LIABILITY

  1. Customer Indemnification.  Customer shall defend, indemnify, and hold harmless Gigs, its Affiliates, and each of their and its officers, directors, and employees, agents, contractors, suppliers, and licensors (“Gigs Indemnified Parties”) against all costs, expenses, losses, and damages (including reasonable attorneys’ fees and costs) incurred or awarded as a result of or in connection with claims of third parties against Gigs based on or arising directly or indirectly out of (i) Customer’s violation of any terms of this Agreement, and (ii) Customer’s violation of any applicable Laws; and (iii) any claims against Gigs arising out of acts or omissions of End Users.

  2. Gigs Indemnification.  Gigs will defend Customer, and its officers, directors, and employees (“Customer Indemnified Parties”) from and against any claim, demand, suit, or proceeding made or brought against a Customer by a third party arising out of claims asserting that the Gigs Platform Services infringe on or misappropriate a third party’s Intellectual Property Rights. Gigs will indemnify Parter Indemnified Parties from all amounts finally awarded against a Customer Indemnified Party or for settlement amounts approved by Gigs. Gigs’s obligations in this Section 8(b) do not apply to claims resulting from (i) modification or unauthorized use of the Gigs Platform Services, (ii) use of the Gigs Platform Services in combinations not provided by Gigs, including third-party services, platforms, or products, or (iii) failure to implement, maintain, and use the Gigs Platform Service pursuant to its most currently released version or in accordance with the Documentation.  If the Gig’s Platform Services become, or in Gigs’s opinion are likely to become, the subject of any indemnifiable claim for third-party intellectual property rights infringement or misappropriation, Gigs may at its sole option and expense: (i) procure for the Customer Indemnified Party the right to continue using the Gigs Platform Services; (ii) modify the Gig’s Platform Service to make it non-infringing; or (iii) if the foregoing options are not reasonably practicable, terminate these Terms. Gigs will have no indemnification obligation under this provision that arises under Customer’s breach of this Agreement. THE REMEDIES PRESENTED IN THIS SECTION 8(B) SHALL BE CUSTOMER’S SOLE REMEDY FOR ANY INTELLECTUAL PROPERTY RELATED CLAIMS MADE AGAINST THE GIGS PLATFORM SERVICES, OR COMPONENTS OF THE GIGS PLATFORM SERVICES.

  3. Indemnification Procedure.  As a condition of the foregoing indemnification obligations: (a) indemnified party (“Indemnified Party”) will promptly notify indemnifying party (“Indemnifying Party”) of any claim (individually or collectively referred to herein as a “Claim”) as soon as practicable in writing; (b) Indemnifying Party will have the sole authority to defend or settle a Claim; and (c) Indemnified Party will reasonably cooperate with Indemnifying Party in connection with Indemnifying Party’s activities hereunder, at Indemnifying Party’s expense. Indemnified Party reserves the right, at its own expense, to participate in the defense of a Claim. Notwithstanding anything herein to the contrary, Indemnifying Party will not settle any Claim for which it has an obligation to indemnify under this Section 8 admitting liability or fault on behalf of Indemnified Party, nor create any obligation on behalf of Indemnified Party without Indemnified Party’s prior written consent, which will not be unreasonably withheld, conditioned, or delayed. 

  4. Limitation on Liability.  GIGS’S CUMULATIVE LIABILITY FOR DAMAGES, IF ANY, FOR ALL CLAIMS OF ANY KIND ARISING IN CONNECTION WITH COMPLAINTS OF PERFORMANCE OR BREACH OF THIS AGREEMENT IS LIMITED TO THE LESSER OF THE CUMULATIVE AMOUNTS CHARGEABLE FOR THE SERVICES FOR THE THREE (3) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE OR $50,000 USD. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL GIGS OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF WORK PRODUCT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER IN TORT, CONTRACT, OR OTHERWISE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 SHALL REMAIN FULLY EFFECTIVE EVEN IF THE REMEDIES AVAILABLE TO A PARTY FAIL OF THEIR ESSENTIAL PURPOSE OR ARE OTHERWISE HELD TO BE UNENFORCEABLE. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  5. ANY PERFORMANCE OBLIGATION OF GIGS IS, IF APPLICABLE, SUBJECT TO CORRECT AND TIMELY DELIVERY OF PRODUCTS AND PROVISION OF CONNECTIVITY SERVICES BY THIRD-PARTY CONNECTIVITY PROVIDERS PROVIDED THAT THE INCORRECT OR UNTIMELY DELIVERY OR PERFORMANCE IS NOT DUE TO A FAULT OF GIGS. FOR THE AVOIDANCE OF DOUBT, PERFORMANCE OBLIGATIONS OF GIGS VIS-À-VIS THE END USER SHALL BE GOVERNED BY AND SUBJECT TO THE TERMS OF THE RESPECTIVE END USER TERMS.

  6. IN CASE OF A DEFAULT BY ANY THIRD-PARTY CONNECTIVITY PROVIDER GIGS SHALL:

    1. (i) INFORM THE CUSTOMER OF ANY MATERIAL DOWNTIMES WITHOUT UNDUE DELAY; AND

    2. (ii) USE BEST EFFORTS (WITHOUT BEING OBLIGED TO ENTER INTO PAYMENT OBLIGATIONS) TO CAUSE THIRD-PARTY CONNECTIVITY PROVIDERS TO RECTIFY SUCH DEFAULT IN TIMELY MANNER.

9. NOTICES 

All notices to Gigs must be sent via email to support@gigs.com.  Gigs may provide notice to Customer at the email address or mailing address provided by Customer on an Order Form, or otherwise by notifying Customer through the Gigs platform.

10. DISPUTE RESOLUTION

  1. Governing Law; Jurisdiction. This Agreement shall be governed and interpreted in accordance with the laws of the jurisdiction set forth below for the applicable Gigs entity, without regard to its conflict of law principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Except as set forth under Section 10(b) below, any suit, action, or proceeding arising out of or relating to this Agreement will be instituted in the applicable courts identified below, and the parties hereby consent to personal jurisdiction and venue in these courts.

    Gigs Wireless LLC
    Applicable law: California, USA
    Venue: Federal and state courts in San Francisco, California

    Gigs UK Ltd.Gigs GmbH
    Applicable law: England and Wales
    Venue: Courts of London, England, U.K.

  2. Arbitration.  In the event of any dispute, claim, or controversy in connection with this Agreement (collectively, “Disputes”), and other than for Disputes related to the intellectual property of a party or for injunctive or equitable relief, each party’s senior representatives will, in good faith, attempt to resolve a Dispute. If the parties are unable to resolve a Dispute within thirty (30) days or within such other time period as the parties may agree in writing, then the parties may commence binding arbitration under JAMS’ Comprehensive Arbitration Rules and Procedures. The parties will share equally the fees and expenses of the JAMS arbitrator. The arbitration will be conducted by a sole arbitrator mutually agreed to between the parties or, failing that, by JAMS under its then prevailing rules. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will have the authority to grant specific performance or any other equitable or legal remedy, including provisional remedies. Each party will be responsible for its own incurred expenses arising out of any dispute resolution procedure. Any arbitration proceedings will take place in the English language in San Francisco, California, if the applicable Gigs Entity is Gigs Wireless, LLC; or (b) London, England, if the applicable Gigs Entity is Gigs UK Ltd. or Gigs GmbH.

  3. Class Action Waiver.  With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial, or other purposes, all Disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Gigs agrees otherwise, the arbitrator may not consolidate more than one person’s Disputes. Customer and Gigs agree that the arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other Gigs Customers or End Users, or any other customers or users of Gigs’s Services.

11. GENERAL 

This Agreement sets forth the entire agreement between the parties pertaining to this subject matter and supersedes all prior negotiations, understandings and agreements between the parties whether written or oral concerning this subject matter.  Except as otherwise provided in this Agreement, any change or modification to this Agreement must be in writing and signed by authorized representatives of the parties to be binding.  The parties are independent contractors and nothing herein shall create a partnership or joint venture.  Except as otherwise explicitly specified to the contrary, the word “including” will be construed as “including without limitation”.  This Agreement may be executed in any number of counterparts (including by facsimile or other electronic transmission), and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute a single agreement.  This Agreement shall be binding upon and for the benefit of the undersigned parties, and their respective permitted successors and assigns. Customer may not assign this Agreement by operation of law or otherwise, without the prior written consent of Gigs and any attempted assignment in violation of the foregoing shall be null and void, but Gigs may assign this Agreement without restriction.

12. DEFINITIONS  

Capitalized terms not otherwise defined herein shall have the meanings set forth below.  Definitions may apply to one or more exhibits even where a defined term is not used within these Gigs TOS:

  1. “Affiliate” means any entity controlled, directly or indirectly, by, under common control with, or controlling a party, and specifically includes subsidiaries, partnerships, joint ventures, and other entities or operations for which the party has operational or management control. For the purposes of this definition, control means the power to direct, or cause the direction of, the management and policies of such entity whether by contract, law, or ownership of the majority of the voting shares or assets of another entity.

  2. “Connectivity Services” means (as applicable) the Travel Data Services and/or the Mobile Wireless Services.

  3. “Documentation” means Gigs’s standard usage documentation and specifications applicable to the Gigs Platform Services.

  4. “End User” means any person or entity who is (a) an employee, agent, contractor, or otherwise an authorized party of Customer, and (b) a subscriber of, and authorized to use, the Services by having accepted the End User Terms. 

  5. “Gigs Central” means the part of the Gigs Platform Services offering storefront-like access to the Gigs platform, enabling Customer to provision, manage, and monitor Connectivity Services to their employee End Users for work purposes.

  6. “Gigs Dashboard” means the part of the Gigs Platform Services offering the ability for Customer to manage, view, and analyze data regarding End User Subscriptions provisioned through Gigs Central.  Specific functions may include analytics & reporting, data CSV exports, device management (IMEI tracking, swaps, addition/removal), SIM/eSIM replacement, eSIM provisioning & delivery, discounts & promotions, subscription bundling, usage data records, and/or usage notifications.

  7. “Gigs Platform Services” means the Gigs proprietary interfaces, APIs, dashboards, checkouts, payment & tax solutions, User Facing Platform Services, and/or comparable products, including all Documentation related thereto, for managing and administrating telecommunications subscriptions.  For the avoidance of doubt, the Gigs Platform Services include Gigs Central and Gigs Dashboard.

  8. “Intellectual Property Rights” means all intellectual property and other similar proprietary rights, in any jurisdiction whether registered or unregistered, including rights in and to (a) trade secrets, know-how and other confidential or non-public business information; (b) original works of authorship, copyrights, and any moral rights relating thereto; (c) trademarks, trade names, service marks, trade dress, logos, other indications of origin, and any goodwill therein; (d) patents, patent applications, and any and all divisions, continuations, continuations-in-part and extensions thereof, invention disclosures, inventions, discoveries and improvements; (e) Internet domain names; (f) social media accounts; and (h) claims, causes of action, defenses and the right to sue and collect damages relating to the enforcement of the foregoing; in each case of (a) – (e), including any registrations of applications to register and renewals and extensions of, any of the foregoing with or by any governmental entity in any jurisdiction.

  9. “Law” means any statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, executive order, or other requirement or rule of law of any governmental authority.

  10. “Mobile Wireless Services” means the telecommunications services provided by Gigs to End Users through its Third-Party Connectivity Providers for mobile wireless plans, including voice, data, roaming (if applicable), and messaging.  For the avoidance of doubt, fixed wireless and any services directed toward first responders or other emergency response personnel are not part of the Mobile Wireless Services.

  11. “Order Form” means an order form covering Partner’s access to the Services, Professional Services, and/or related services, and that becomes an integral part of the Agreement upon execution by the parties.  

  12. “Prohibited Customer” means any country, individual, or entity prohibited by U.S. Laws, including but not limited to, U.S. Export Laws.

  13. “Service Plan” means the details of the End User subscription or access to the Connectivity Service including, for example, allotments for minutes, messages, or data, coverage, roaming, pricing, and any other terms.

  14. “Services” means Gigs’s global connectivity enablement platform used for providing, managing, and administering End User telecommunications subscriptions, including (i) the Gigs Platform Services, and (ii) the Connectivity Services, as more fully described in Exhibit A.

  15. “Territory” means the geographic regions where the Services are to be performed and/or used, as may be further set forth in Exhibit A.

  16. “Third-Party Connectivity Provider” means the mobile network operators and technology partners providing Connectivity Services.

  17. “Travel Data Services” means the eSIMs and telecommunications services provided by Gigs to End Users through its Third-Party Connectivity Providers for mobile data-only only on the applicable mobile network where the End User is located at any given time.

  18. “User Facing Platform Services” means, as applicable, a subset of the Gigs Platform Services that are made available for access by End Users.