Gigs End User Service Agreement
Last Updated: December 10, 2024
1. Welcome
Welcome to Gigs! This End User Service Agreement (“Agreement”) applies to your use of the Service provided by the Gigs Entity applicable to your service area (“Gigs,” “we,” or “us”), and is between you and Gigs. This Agreement includes and incorporates by reference:
any terms and conditions of your Service Plan;
Gigs’s Privacy Policy (see https://gigs.com/legal/privacy-policy);
Gigs’s Acceptable Use Policy (see Appendix 1);
any Third-Party Terms, as applicable (see Appendix 2);
any Partner Terms, as applicable (defined below); and
any other documents or terms referenced herein.
By accessing, using, or paying for the Service, or by clicking a button or checking a box marked “I Agree” (or something similar) when signing up for Gigs’s Service, you agree: (i) that you are at least 18 years old, or the age of majority in your jurisdiction, and (ii) you have reviewed and agree to be bound by the terms of this Agreement.
2. Definitions
Capitalized terms shall have the meanings set forth below unless otherwise defined in this Agreement.
“Connectivity Services” means (1) the Mobile Wireless Services, and/or (2) the Travel Data Services, as the context may dictate and depending on your Service Plan.
“Coverage Area” means the areas where the Connectivity Services are authorized and may be used, as provided by Gigs’s Third-Party Connectivity Providers.
“Device” means any equipment for use with the Service as may be further detailed in your Service Plan, including, for example, a mobile phone, device, or handset; smartwatch or “smart” device; SIM; eSIM; or other accessory.
“eSIM” means an embedded, digital version of a SIM that is built into a Device.
“Gigs Entity” means the Gigs corporate entity responsible for providing the Services in your Coverage Area.
“Gigs Platform Services” means the portions of Gigs proprietary technology platform made available to End Users for managing and administrating subscriptions to the Services.
“Mobile Wireless Services” means the mobile voice, data, roaming, and messaging services provided by Gigs to End User through its Third-Party Connectivity Providers. For the avoidance of doubt the Mobile Wireless Services do not include fixed wireless, or services for use by first responders.
“Physical SIM” means a physical chip version of a SIM that is inserted into a Device.
“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, as described during the check-out process.
“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.
“SIM” means a Subscriber Identity Module card, which contains a unique identification number and is required in your Device for End User authentication and in order to use the Services. “SIM” can refer to either or both Physical SIMs or eSIMs, as the context may dictate.
“Third-Party Connectivity Provider” means the mobile network operators and technology partners that Gigs works with to provide Connectivity Services.
“Third-Party Terms” means the terms of any third-party, including any Third-Party Connectivity Provider, that apply to the Services provided under this Agreement, and are incorporated by reference herein. Third-Party Terms are identified at Appendix
“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 on the applicable mobile network where the End User is located at any given time.
3. Gigs's Services
Generally. Gigs enables its customers (each, a “Partner”) to access and use Gigs’s Services to offer Connectivity Services to their end user customers (“you,” “your,” or "End User"). Partner’s offering of the Gigs Services may be subject to additional Partner terms & conditions (“Partner Terms”). By using Gigs’s Services, you also agree to be bound by any applicable Partner Terms. Gigs’s Services are also subject to additional Third-Party Terms as noted in Section 1, above. The Third-Party Terms applicable to your Services depend on the details of your Service Plan. For example, if your Service Plan is for Mobile Wireless Services in the United States, then the Third-Party Terms for “Mobile Wireless Services; United States (US)” apply. If your Service Plan is for Travel Data Services, then the Third-Party Terms for “Travel Data Services” apply. Please see Appendix 2 for any Third-Party Terms that may apply to your Services.
Changes to Services. Gigs reserves the right to modify or update this Agreement, its Services, available Service Plans, or any part thereof, at any time and in its sole discretion. The current version of this Agreement is noted above. When we revise this Agreement, we will change the “Last Updated” date at the top of this page accordingly. Modified and/or updated versions of this Agreement will be effective upon posting. Using Services after the changes become effective means you agree to the new terms. You should visit this page often to see if there have been any changes to this Agreement. If Gigs changes the Charges applicable to your Services or Service Plan (not including Taxes, Fees, or other assessments), you will have until the end of the next billing cycle from the date the revised Charges take effect to terminate your Service Plan by managing your account preferences in your End User Account. Gigs reserves the right to modify or cancel our Services or your End User Account, or take other corrective action at any time and for any reason, including, but not limited to, your breach of this Agreement.
End User Account; Service Plans. Your subscription for the Services (“End User Account”) gives you access to the Services and functionality that Gigs may establish and maintain; provided, however, that your Services will operate only after you have purchased a Service Plan. Details of your Services, such as the type of Connectivity Services purchased (i.e., Travel Data Services or Mobile Wireless Services), Charges, subscription duration and renewal terms, allotments for minutes, messages, or data, Coverage Area, roaming (if any), and any other terms will vary depending on your Service Plan. You should carefully review your Service Plan to ensure you are familiar with its terms.
Account Creation. When creating your End User Account, you shall provide accurate and complete information, and keep this information current. You are solely responsible for the activity that occurs on your End User Account, and shall keep your End User Account password secure. We encourage you to use “strong” passwords (i.e., passwords that use a combination of upper and lower case letters, numbers and symbols) with your End User Account. You must notify Gigs immediately of any breach of security or unauthorized use of your End User Account. Gigs will not be liable for any losses caused by any unauthorized use of your End User Account.
Account Profile Information. You may control your End User profile and how you interact with the Services by changing the settings in your settings page. By providing Gigs your email address, you consent to using the email address to send you transactional or Service-related notices. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such other email messages, you may opt out or change your preferences in your settings page or by unsubscribing to the email. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Right to Use the Services. Subject to the terms and conditions of this Agreement, you are granted a non-exclusive, limited, non-transferable, freely revocable right to use the Service as permitted by the features of the Service and the specifics of your Service Plan. Except as expressly set forth herein, Gigs and its suppliers or licensors reserve all rights, including all intellectual property rights, not expressly granted herein in the Service. Gigs may terminate these rights at any time for any reason.
Permitted Use; Restrictions. You agree to only use the Services, your Device, and any materials provided by Gigs in connection with the Service (including, for the avoidance of doubt, SIMs or eSIMs) in compliance with this Agreement (including the Acceptable Use Policy at Appendix 1) and applicable laws. Except as otherwise expressly permitted, you agree not to engage (or attempt to engage) in any of the following prohibited activities with respect to any aspect of the Services: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to interfere with the Service; (iii) misusing the Service, including by transmitting spam, chain letters, or sending abusive, unsolicited, or other mass automated communications; (iv) action that compromises network security, capacity, or system integrity, or otherwise degrades network performance; uses malicious software (or “malware”), hinders other customers’ or End Users’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows; or attempts to decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure, or otherwise consumes unreasonable amounts of data or available network capacity, as judged in our sole discretion; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) accessing the End User Account of another person, impersonating another person, hiding or attempting to hide your identity, or otherwise misrepresenting your affiliation with a person or entity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using the Service for any unlawful, fraudulent, or criminal purpose, or otherwise in ways that conflict with applicable laws and/or this Agreement; (xiv) using the Service in any way that violates the intellectual property rights of others; or (xv) using the Service in ways that otherwise causes harm or adversely affects Gigs, the network, our customers, employees, business, or any other third-party.
Your Device.
Permitted Devices. You must use a supported, compatible Device to access the Service and in accordance with your Service Plan. Only certain Devices are supported. Supported Devices may include Devices that do not permit use of an eSIM. The current list of compatible Devices is subject to your Service Plan. For the avoidance of doubt, modems, bypass, gateways, automated relay devices, and any other Devices used for commercial or re-direction purposes are not supported Devices. Failure to use a supported Device when accessing our Services will result in immediate termination of your Service.
SIMs. You agree to safeguard your SIM and not to allow any unauthorized person to use your SIM. You agree not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM. Gigs and/or its suppliers may, from time to time, remotely update or change the encoded information on your SIM.
eSIM Compatibility. eSIMs are only available on compatible Devices. Compatible Devices are subject to change. The current list of compatible Devices is subject to your Service Plan and provided during the checkout process. End User is responsible for ensuring that their Device is eSIM compatible.
Technology Sunsetting. End User acknowledges and agrees that, from time to time, technologies impacting use of the End User’s Device used with the Services may be sunsetted. End User agrees that, in such cases, Gigs is not liable to you and no longer has an obligation to support or provide Service to such End Users’ Devices.
Lost or Stolen Devices. You agree to notify our Partner if your Device is lost or stolen. Once you notify our Partner, they will suspend your Service. After your Service is suspended, you will not be responsible for additional Charges incurred in excess of your Service plan. If you request that we not suspend your Service, you will remain responsible for all usage and Charges incurred. We may prevent a lost or stolen Device from registering on any network. California customers: For Charges incurred before you notify us, you are not liable for Charges you did not authorize, but the fact that your Device or account was used is some evidence of authorization. You may request that we investigate Charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the Charges were unauthorized, we will credit your account. If we determine the Charges were authorized, we will inform you within thirty (30) days and you will remain responsible for the Charges.
Service Availability. End User acknowledges and agrees that availability of Services is not guaranteed, outages and interruptions in Services may occur, and that the Services are subject to transmission limitations caused by conditions out of Gigs’s control such as, but not limited to, operating characteristics of End User selected Devices, atmospheric, topographical, or other conditions, operating characteristics of mobile terminal devices, intentional or negligent acts of third parties that may damage or impair the network or disrupt the Services, and other like conditions. You acknowledge and agree that Gigs is not liable for problems relating to Service availability or quality. Gigs makes no representations that the Service is appropriate or available for use in the Coverage Area. Those who access or use the Service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated in your Service Plan, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Coverage Area. The Services are provided subject to Gigs’s and its suppliers’ ability to receive and maintain regulatory approvals. End User agrees that unless such approvals are in place there is no obligation to provide the Services.
Roaming. Your Device may connect to another provider’s network (“Roaming”) even when you are within the Coverage Area. Before connecting to another provider’s network, you must check that your Service Plan has Roaming enabled and, if not, check the plans made available to you by our Partner to purchase such an add-on. Check your Device to determine if you are Roaming. Should Roaming be enabled, there may be extra charges (including long distance, tolls, data usage) and additional rates for Roaming usage, and your quality and availability of service may vary significantly. Roaming charges and rates are subject to change. For the avoidance of doubt, the Mobile Wireless Services may not be used by you for permanent roaming, whether domestically or internationally.
External Sites. The Service may contain links to or enable you to access external websites, materials, content, information, products, or services that are controlled by third-parties and that are not owned or controlled by Gigs (“External Sites”). Gigs does not endorse or assume any responsibility for any External Sites. External Sites may impose additional charges, or may access, collect, use, or disclose your personal information, or require disclosure of your information, including location information (when applicable) to the External Site or some other third party. If you access or use any External Sites through the Service, you agree and authorize the provision of information related to such use. If you access External Sites using the Service or share any of your own content on or through any External Sites, you do so at your own risk. Any information you provide to External Sites is governed by their policies or terms, and you understand that this Agreement does not apply to your use of such External Sites. You expressly relieve Gigs from any and all liability arising from your use of any External Sites. Gigs reserves the right in our sole discretion to restrict or deny access to any External Sites or other third-party information, application, services, or products.
Travel Data Services - Special Terms. The following terms apply with respect to your Travel Data Services and corresponding Service Plan.
eSIM Activation. Gigs offers End Users eSIMs for use in their Devices with respect to the Travel Data Services. Gigs will check your eligibility for the Travel Data Service and will ask you to verify the compatibility of your Device to support an eSIM, as set out in Section 3(i), above. End User will then register and purchase its eSIM, and select a mobile and/or data Service Plan provided by Gigs for use with its eSIM. Your eSIM when used in connection with the Travel Data Services provides data coverage only; your eSIM will not provide you with voice coverage or a local phone number. End User will immediately see the purchased eSIM on their End User Account. End User will receive a confirmation email after the purchase. All information for installing the eSIM will be available only on the End User Account through Gigs. The eSIM Service Plans are offered as-is and no further modifications or customization can be made based on individual requests once purchased. You may be charged a one-time payment for your Service Plan subscription, depending on the offering.
Mobile Wireless Services -Special Terms. The following terms apply with respect to your Mobile Wireless Services and corresponding Service Plan.
Your Mobile Number. End User shall acquire no proprietary interest in any mobile telephone number (“Mobile Number”) assigned by Gigs for its use. Unless caused by the sole negligence of Gigs, End User shall indemnify and hold Gigs, its officers, employees, suppliers of service and agents harmless against any and all claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorney's fees), and liability or damages for libel, slander or infringement of copyright from the material transmitted via the access telephone number, and against any and all other claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorney's fees), liability, including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with this Agreement or the use or inability to use the access Mobile Number (whether caused in whole or in part by the negligence of suppliers of service). This indemnity shall survive the termination of this Agreement.
Gigs and its suppliers reserves the right, at their sole discretion, from time to time, to assign, designate or change such Mobile Numbers upon advance notice, when reasonable and necessary in the conduct of Gigs’s and/or its Third-Party Connectivity Providers’ business.
Number Porting. In the event you are transferring an existing Mobile Number to your Services with Gigs, you hereby authorize Gigs to process your order for Gigs’s Services and to notify your existing provider of your decision to switch your services to Gigs’s Service, and you represent that you are authorized to take this action. Notwithstanding the foregoing, if you are porting a Mobile Number to Gigs, it is your responsibility to make certain that all information forwarded from the port-out carrier is accurate and complete. Not all Mobile Numbers are eligible for porting to Gigs’s Service. If you terminate your End User Account and you port your Mobile Number for the Gigs Services to another carrier, your Service will be deactivated immediately once the Mobile Number is ported, though you will still be charged for a full billing cycle.
Voice Usage. Your Service Plan may include voice usage as part of your Services. For voice usage, we round up any fraction of a minute to the next full minute. Airtime usage is measured from the time our Third Party Connectivity Provider applicable to your Service Plan begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up) and the network disconnects.
International Long Distance (ILD) Calling. Gigs provides the ability for lines on certain Service Plans to call select international destinations (“International Long Distance,” or “ILD” calling). Gigs reserves the right to change at any time which plans support ILD, and additionally the list of supported international destinations may change at any time without notice. Calling to certain destinations may be blocked or capped to a limited number of minutes. Support for ILD may be terminated partially or altogether at any time without notice. Gigs also reserves the right to charge additional fees to enable ILD on any plan. If your Service Plan is for the United States, ILD calling is offered via a third-party vendor, NetworkIP, and thus subject to Third-Party Terms. In such cases, and for the avoidance of doubt, by accepting Gigs’s Agreement, you are also agreeing to NetworkIP’s additional terms identified on Third-Party Terms addendum at Appendix 2.
Data Usage and Messaging. Your Service Plan may include data usage as part of your Services (“Data Plan”). You may use data in accordance with the details set forth in your Service Plan. Data usage is rounded up to the next full-megabyte increment at the end of each data session. Your data usage includes, among other things, text, web browsing, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages. If you exceed the monthly data allotment set by your Service Plan, you may be required to purchase an add-on Data Plan if you wish to continue using data for the applicable month. All data purchased (both Data Plans that come with a particular Service Plan and any additional data you purchase as an add-on Data Plan), will expire immediately upon termination of your Service Plan or End User Account for any reason. If you have an “unlimited” data plan, the speed at which you may send and receive data may be reduced or throttled after exceeding the usage level for the applicable month set forth in your Service Plan. If your Service Plan is intended for smartphone use, then your Data Plan is intended for web browsing, messaging, and similar activities on your Device and not on any other equipment. Other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, may be permitted under your Data Plan, but are also subject to our Acceptable Use Policy (see Appendix 1).
Protective Measures. Gigs reserves the right to engage in reasonable network management practices, to protect the Services from harm, compromised capacity, degradation in performance or service levels, or uses of the Service which may adversely impact access to or the use of the Service by other End Users or customers. Reasonable network management practices may include, but are not limited to, the following: (i) a cap on data usage; (ii) a modification of an End User’s serving facility or service technology; (iii) a modification of or a limitation on an End User’s data throughput speed or data consumption; and/or (iv) throttling or other network management matters that may impact speed of End User’s communications. In the event that Gigs or the underlying Third Party Connectivity Provider adopts a network management practice which will apply to your Service, we will provide you with notice to the extent practicable describing the network management practice, explaining how it will work, and explaining how it could impact your Service.
Wi-Fi Features. Gigs, at its sole discretion, may make available Wi-Fi voice and text messaging services, i.e., the ability to originate and terminate calls and text messages over a Wi-Fi connection (“Wi-Fi Calling). If offered by Gigs, Wi-Fi Calling will only be available for Gigs customers that (i) have a Wi-Fi capable Device with Gigs supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account, (iii) have a compatible SIM card or eSIM, and (iv) are connected to functioning third-party internet service. Not all services available on Gigs‘ network supplier’s network are available while using Wi-Fi Calling. For example, emergency alerts and/or emergency (e.g., 911, 999, etc.) calling may not be available with Wi-Fi Calling. You understand and acknowledge that emergency calling via Wi-Fi Calling uses the internet and operates differently than traditional emergency calling, and therefore may not always be available if, for example and without limitation, you have no access to the internet. In addition, emergency personnel may not be able to identify your phone number to call you back, and emergency calls may otherwise be delayed or dropped due to network architecture, when dialing emergency numbers via Wi-Fi Calling, regardless of your location. In addition, if Gigs makes Wi-Fi Calling available to you, you must provide us with the primary street address at which you will use Wi-Fi Calling (the “Registered Address”). If your Registered Address changes, either temporarily or permanently (e.g., when using Wi-Fi Calling at any other location), you must promptly update your Registered Address with Gigs. You may provide our partners with your Registered Address, or update your Registered Address by updating your Registered Address within the applicable settings inside your Gigs account or inside our Partners Gigs interface. If you do not provide us with an accurate Registered Address and update it promptly for any and all changes in your location as described above, we or our network supplier may block your usage of certain Wi-Fi networks. You also understand and acknowledge that if you attempt to dial an emergency number via Wi-Fi Calling from any location other than your Registered Address, emergency personnel may not be able to identify your location, your emergency call may not complete, and/or your emergency call may be routed to emergency personnel in a different location. You understand and acknowledge that it may take up to 2 hours for changes in address to be updated, and you should notify our Partner in advance of any temporary or permanent changes to your primary address as described above. NEITHER GIGS NOR ITS PARTNERS OR THIRD-PARTY CONNECTIVITY PROVIDERS ARE RESPONSIBLE OR LIABLE FOR ANYTHING RELATED TO YOUR USE OF OR INABILITY TO USE ANY WI-FI CALLING MADE AVAILABLE TO YOU, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF EMERGENCY CALLS. Wi-Fi Calling may use Service plan minutes. Most devices will not transition between Wi-Fi and the wireless network. Devices using wireless connections may be vulnerable to unauthorized attempts to access data and software stored on the Device.
4. Limitation, Suspension, & Termination Of Services
In Gigs’s sole discretion, Gigs may at any time limit, throttle, adjust, cancel, suspend, or terminate your Service, Service Plan, or Agreement without notice and for any reason, including, without limitation: (a) breach of the Agreement; (b) transfers or attempted transfers of Services to a third-party without Gigs’s consent; (c) End User’s insolvency, bankruptcy, or inability to pay debts as they come due; (d) misuse your Service; (e) use of the Service or your Device in a manner that is excessive, unusually burdensome, or which otherwise violates our Acceptable Use Policy, such as abnormally high call volumes, repeatedly placing calls of unusually long duration, talk/text/data usage that is harmful or disruptive to Gigs’s, its Partners’, or its Third-Party Connectivity Providers’ network, service levels, or other interests; (f) End User’s subscription to a Service Plan that Gigs determines is no longer available; (g) termination or reduction in data throughput speeds or volumes of data transferred; or (h) any other reason needed to protect Gigs, its Partners, or its Third-Party Connectivity Providers from any kind of harm. Additionally, in Gigs’s sole discretion and without notice, Gigs may impose credit, usage, or other limits to your Service, or block certain types of calls, messages or sessions (such as international, 10XXX, 0+/0-, chat services, 900 or 976 calls), terminate individual calls or data connections, decline to renew your Service, or offer you a different Service Plan without an unlimited usage component which may result in an increased cost to you. If Gigs limits, suspends, or terminates your Service and later reinstates your Service, you may be charged a reinstatement fee.
5. Billing, Payments, Taxes & Fees
Billing Party. Depending on how Partner integrates with, uses, and/or offers Gigs’s Services, either Gigs or Partner (appointed as Gigs’s billing agent) may bill you for your use of the Services. Regardless of the billing party, you agree to pay all charges, including all Taxes & Fees (defined below), associated with your use of the Services, whether billed by Gigs or Partner (“Charges”).
Payment. Payment for all Charges is due in accordance with the billing cycle set forth in your Service Plan. You agree to provide accurate and complete billing information and to immediately update your End User Account with any changes to your billing information. If your payment is processed by Gigs, Gigs accepts various payment methods through Stripe, including, without limitation, Visa, Mastercard, and American Express. By using Gigs’s Services and where payment is made through Stripe, you agree to be bound by Stripe’s Services Agreement (available at https://stripe.com/us/legal).
Automatic Payment Authorization Disclosure. Payments may be automatically charged to the method of payment on file in your End User Account, including a bank account or credit card (“Method of Payment”). By enrolling in autopayment, you authorize Gigs and/or Partner (appointed as Gigs’s billing agent), as applicable, to automatically charge or withdraw the specified Charges in your End User Account from your Method of Payment on the due date in relation to the Services purchased. The amount withdrawn will be based on your outstanding balance and payment terms. The recurring Charges may vary if you change your Service Plan or if Gigs changes its prices, following notice to you. You understand that you may cancel or modify this authorization at any time by providing Gigs with written notice at least thirty (30) days before the scheduled payment due date. You acknowledge that failure to provide timely notice may result in processing of the scheduled payment. Additionally, you agree that if your Method of Payment is returned or declined due to insufficient funds or other reasons, Gigs or Partner (appointed as Gigs’s billing agent) may attempt to process the payment again. You may also be subject to penalties for late or missed payments if automatic payment is unsuccessful. This authorization for automatic payments will remain in effect until canceled by you or Gigs or Partner (appointed as Gigs’s billing agent).
Subscription Auto-Renewal Disclosure. By creating an End User Account and subscribing to Gigs’s Services, you agree to an automatically renewing subscription where applicable to the Services purchased and your Service Plan. Your subscription will automatically renew for the same period as described in your End User Account and/or in accordance with the term set forth in your Service Plan on a continuous basis unless and until you cancel your End User Account. Your Method of Payment will be charged on the renewal date, and you will receive prior notice of any changes to the subscription price. You may cancel your subscription at any time by adjusting the settings in your End User Account. If you cancel, the cancellation will take effect at the end of the current billing cycle, and you will not be charged for subsequent periods. No refunds will be issued for the current billing cycle after cancellation. If you cancel before the end of the subscription term set forth in your Service Plan, early termination charges may apply. By agreeing to these terms, you acknowledge that you will be automatically billed on a recurring basis until you cancel.
No Refunds. Upon cancellation of your End User Account, no refunds will be issued. In the event that Gigs or Partner, on Gigs’ behalf, suspends or terminates your End User Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Gigs or Partner property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your End User Account, or for any other reason.
No Credits for Downtime. There shall be no credits, reduction or setoff of the amounts charged hereunder for "downtime" of Services for any reason, including but not limited to failure of communications, power outages, occurrences considered force majeure, system overcapacity, End User device failure, coverage areas, or failure of Gigs’s or its Partner’s or suppliers’ hardware, software or systems.
Taxes & Fees. You will pay all taxes (“Taxes”) and fees (“Fees”) applicable to your use of the Services, which will be billed in accordance with this Section 5. Examples of Taxes and Fees applicable to your use of the Services include:
Sales & Use Taxes. Sales and use taxes are assessed to cover costs for all federal, state, municipal, local or other governmental sales and use taxes now in force or enacted in the future, that arise as a result of your subscription to, use of, or payment for Gigs’s Services. To determine sales and use taxes, we will use the street address you identified as your Place of Primary Use (“PPU”). The PPU for Puerto Rico must be in Puerto Rico. If you did not identify the correct PPU, or if you provided an address (such as a P.O. box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days of our notification to you that the tax has been assessed.
Recovery Fees. For End Users domiciled in the United States, a recovery fee (“Recovery Fee”) is assessed to recover costs of compliance with various federal and state programs, taxes and fees including, but not limited to, (i) state and federal Telecommunications Relay Service Programs, (ii) federal, state, municipal, local and/or other governmental franchise, excise, public utility and other telecommunications taxes, fees and charges now in force or enacted in the future, and (iii) other costs to comply with government regulations and programs. Although added to the overall Charges, the Recovery Fee is separate from the cost of Service and the Recovery Fee shall not result in the purchase of any additional Service time. Gigs sets the Recovery Fee, and the amount and what the Recovery Fee includes may change without notice. Recovery Fees may include, as applicable, federal and state universal service and similar charges as reasonably assessed by Gigs to recover its costs.
Other Fees. Each jurisdiction, state, city, municipality, or county has specific charges that are levied for access to emergency services (e.g., 911, 999, etc.). Determination of the applicable charges depends on where you purchase Gigs’s Services. Gigs may bill its customers for any applicable emergency services charges. Any such emergency services charges are a monthly recurring charge assessed on a per line basis and may appear on your monthly invoice.
Disputed Charges. You agree to notify us of any dispute regarding your bill or Charges to your account within sixty (60) days after the date you first receive the disputed bill or Charge. If you do not notify us of your dispute in writing with supporting documentation within this time period, you will have waived your rights to dispute the bill and/or to participate in any legal action raising that dispute. This limitations period does not apply in any state in which this contractual notice provision is prohibited. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or Charge, you agree that the issue is fully and finally resolved.
6. Emergency Calling Information
When making an emergency call (e.g., 911, 999, etc.), always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. Gigs is not responsible for failures to connect or complete emergency calls or if inaccurate location information is provided. Emergency service may not be available or reliable and your ability to receive emergency services may be impeded. Gigs or its suppliers may use a variety of information and methods to determine the location of an emergency call, including Global Positioning Satellites (GPS), our supplier’s wireless network, the street address you have provided us as your primary use location in your End User Account, or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting an emergency call and neither Gigs nor its suppliers determines the public safety agency to which your emergency call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as emergency location services, while the port is being implemented. If you are outside the U.S., you will have to dial a local emergency services number, such as 999.
7. SMS Policy
You agree to receive SMS messages from Gigs at the phone number provided during registration or as updated by you for information regarding your account. Messages may include, but are not limited to, account information, operational notifications, and service updates. You may opt out of receiving SMS messages from Gigs at any time by texting the word “STOP” to the designated number provided in our messages. Upon receiving your request, we will send a single confirmation message and cease sending SMS messages to your number. The frequency of SMS messages will vary depending on your interactions with Gigs and the preferences you set. Typical message frequencies range from daily updates to occasional alerts. All use of SMS messaging is subject to Gigs’s Acceptable Use Policy.
8. Privacy; CPNI
Privacy. Any personal data processed by Gigs in providing the Services pursuant to this Agreement shall be treated in accordance with Gigs’s privacy policy, available at https://www.gigs.com/legal/privacy-policy, the terms of which are hereby incorporated by reference.
CPNI. Customer Proprietary Network Information (“CPNI”) is information that Gigs and other telecommunications service providers obtain when providing telecommunications services to you, and relates to the type of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including plan, calling details, type of wireless services and other items relating to your wireless telecommunications services. Your telephone number, name, and address are not considered CPNI. Gigs may use your CPNI to the extent needed to provide you with the Service. We also may use your CPNI for training and quality assurance, and to offer you additional services of the type you already purchase from Gigs. We may also use your CPNI to offer you products and services, packages, discounts and promotions from our affiliates, which may be different from the types of services you already purchase. Gigs uses technology and security features to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. Gigs does not disclose CPNI outside of Gigs, its affiliates and their respective agents without End User consent except as required by law. When Gigs uses third parties to perform services on its behalf that require the use of CPNI, Gigs requires that they protect the CPNI consistent with this provision. Gigs does not sell CPNI to unaffiliated third parties. If you wish to restrict Gigs’s use of your CPNI for marketing purposes, you may contact Gigs pursuant to Section 14 of this Agreement.
9. Gigs Proprietary Rights
You agree that, as between you and Gigs, the Services and all underlying aspects thereof including, without limitation, any patents, trademarks, service marks, copyrights, know-how, software, APIs, interfaces, platforms, dashboards, infrastructure components, specifications, schematics, images, text, graphics, illustrations, logos, or any products, features, or functionalities offered by the Services, and all intellectual property rights related thereto, are the exclusive property of Gigs and its licensors or suppliers. Except as explicitly provided herein, nothing in this Agreement shall be deemed to grant any rights, including any intellectual property rights, to the Services.
10. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIGS OR ITS PARTNERS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GIGS, ITS AFFILIATES, AND ITS PARTNERS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT SERVICES GOVERNED BY 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. USE OF THE SERVICE IS AT YOUR OWN RISK. FOR THE AVOIDANCE OF DOUBT, NEITHER GIGS NOR ANY OF ITS AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY PRODUCTS OR THE PROVISION OF SERVICES PROVIDED BY ANY THIRD-PARTY.
GIGS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY PARTNER OR ANY OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND GIGS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GIGS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL GIGS OR ITS PARTNERS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIGS’S AND ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR LICENSORS TOTAL LIABILITY FOR ALL REASONS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND THE SERVICE IS LIMITED TO A CREDIT OR REFUND THAT DOES NOT EXCEED THE AMOUNT YOU PAID IN RELATION TO THE SERVICES PURCHASED HEREUNDER IN THE THREE (3) MONTHS PRIOR TO YOUR CLAIM ARISING OR $50.00, WHICHEVER IS GREATER. IN ADDITION, YOU ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GIGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU ARE DISPUTING A CHARGE ON YOUR BILL, SECTION 5(H) REQUIRES YOU TO NOTIFY GIGS WITHIN SIXTY (60) DAYS OF THE BILL DATE.
12. Indemnification
You agree to defend, indemnify, and hold harmless Gigs and its affiliates and Partners, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including for the avoidance of doubt any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
13. Dispute Resolution
Applicable law. This Agreement shall be governed and interpreted in accordance with the laws of jurisdiction set forth below, 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. You agree to submit to the exclusive personal jurisdiction of the courts identified below for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property or proprietary rights, as set forth in the Arbitration Provision below, including any provisional relief required to prevent irreparable harm. You further agree to submit to the personal jurisdiction of the courts identified below, and that the courts identified below are the proper and exclusive forum for any appeals of an arbitration award or for any trial court proceedings in the event that you opt-out of the Arbitration Provision below or if it is found to be unenforceable.
If you are domiciled in any country outside of the European Economic Area and its regions and territories, the United Kingdom, Switzerland, Andorra, Vatican City, and Monaco, the Applicable Law is that of California, U.S.A, and the courts with jurisdiction are those of San Francisco, CA, U.S.A.
If you are domiciled in any country within the European Economic Area or its regions or territories, the United Kingdom, Switzerland, Andorra, Vatican City, or Monaco, the Applicable Law is that of England and Wales, and the courts with jurisdiction are the Courts of London, England, United Kingdom.Mandatory Binding Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Gigs. This Section 13(b) (the “Arbitration Provision”) applies to and governs any dispute, controversy, or claim between you and Gigs that arises out of or relates to, directly or indirectly: (i) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Service, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of your relationship or transactions with Gigs, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Provision shall apply, without limitation, to all Claims that arose or were asserted before or after your acceptance of this Agreement. If you are a new Gigs End User, you can reject and opt-out of this Arbitration Provision within thirty (30) days of accepting this Agreement by emailing Gigs at legal@gigs.com with your first and last name and stating your intent to opt-out of the Arbitration Provision. Note that opting out of this Arbitration Provision does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought, as set forth in Section 13(a), above. For any Claim, you agree to first contact us at legal@gigs.com and attempt to resolve the dispute with us informally. In the unlikely event that Gigs has not been able to resolve a Claim after sixty (60) days, 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: (a) San Francisco, California, if you are domiciled in any country outside of the European Economic Area and its regions and territories, the United Kingdom, Switzerland, Andorra, Vatican City, and Monaco; or (b) London, England, if you are domiciled in any country within the European Economic Area or its regions or territories, the United Kingdom, Switzerland, Andorra, Vatican City, or Monaco. Nothing in this Section shall be deemed as: preventing Gigs from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis. If this Arbitration Provision is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Provision, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Provision. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Provision shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
Class Action Waiver/Jury Trial 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 Claims 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 Claims. You 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 End Users, or any other customers or users of Gigs’s Services. You and Gigs further agree that, by entering into this Agreement, you and Gigs are each waiving the right to a trial by jury or to bring, join, or participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member.
Disputes with other End Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Gigs shall have no liability for your interactions with other Users, or for any User’s action or inaction.
14. Miscellaneous
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gigs without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notices.
By Gigs. Gigs may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Gigs in our sole discretion. Gigs reserves the right to determine the form and means of providing notifications to End Users, provided that you may opt out of certain means of notification as described in this Agreement. Gigs is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
By End User. Gigs is the provider of the Services. Please contact us at legal@gigs.com with any questions regarding this Agreement.
Special Notice for California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and failure of Gigs to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement; Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Gigs in connection with the Service, shall constitute the entire agreement between you and Gigs concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.