1.1. All trademark, copyright, database rights and other intellectual property rights of any nature in GoGig together with the underlying software code are owned either directly by GoGig or by GoGig’s licensors. All rights, title, and interest, including, without limitation, any images, photographs, animations, video, audio, music, text, applets incorporated, media, and the like; and copies of the website, app, or service are owned by GoGig and/or its licensors.
1.2. GoGig hereby grants You a limited, non-exclusive, royalty-free revocable license to use and access the Application for customer’s business and/or personal use in accordance with these Terms & Conditions. All rights not expressly granted by GoGig are hereby reserved.
2.1. You shall comply with all applicable laws, including, without any limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
2.2. You are required to use Your legal name for Your Account, maintain Your Account as accurate and up-to-date, and use the Application in a professional manner.
2.3. You shall NOT use the Application unprofessionally or dishonestly, including, without limitation, posting or using inappropriate, inaccurate, or objectionable content, using images that do not portray Your likeness or portray a false identity, and/or which misrepresent any aspect of Your account on the Application, including, without limitations, Your positions, qualifications, affiliations, groups, locations, time frames, or other feature of Your information.
2.4. Under no circumstances shall You, harass, stalk, abuse, or harm another person and/or entity using this Application in any manner; including, without limitations sending spam or unwelcomed communication.
2.5. Under no circumstances shall You, use the Application in an Act that is unlawful, libelous, abusive, obscene, discriminatory, or otherwise in an objectionable manner. You will not disclose confidential or secret information that You do not have full rights to disclose.
2.6. You shall keep Your account secure at all times, including, without limitations: (i) not allow a third party (known or unknown) to access Your account; (ii) maintain a strong password at all times; and (iii) keep Your password secure and confidential at all times.
2.7. You shall not, directly or indirectly, (i) make and distribute copies of the Application; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works based on the Application.
2.8. The Application is currently made available to You free of charge for Your personal, non-commercial use. GoGig reserves the right to amend or withdraw the Application, or charge for the application or services provided to You in accordance with these Terms & Conditions, at any time and for any reason in GoGig’s sole discretion.
2.9. You acknowledge and agree that the Terms & Conditions with customer’s respective mobile network provider (“Mobile Provider”) will continue to apply when using the Application. As a result, You may be charged by the Mobile Provider for access to network connection services and/or data for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility and shall be responsible for any such charges that arise.
2.10. If You are not the bill payer for the mobile telephone or handheld device being used to access the Application, You shall obtain permission from the bill payer prior to using the Application.
2.11. GoGig reserves the right to limit Your use of the Application, restrict, suspend, or terminate your account if GoGig believes You have breached this Agreement.
3.1. GoGig reserves the right to alter, suspend, or end any Service; or change and modify any pricing in our sole discretion. These changes may be effective upon notice provided to You as applicable by law.
3.2. This Application is available to handheld mobile devices running Apple iOS Operating Systems. You acknowledge the Application is provided over the internet and mobile networks; therefore, the quality and availability of the Application may be affected by factors outside GoGig’s control.
3.3. GoGig, directors, officers, employees, agents, its subsidiaries, assignees, and/or affiliates shall not be responsible for unavailability of the Application, any difficulty, inability to download, access content and/or any other communication system failure which may result in the Application being unavailable.
3.4. GoGig shall not be responsible for any support or maintenance of the Application.
4.1 Recurring Billing. By starting your GoGig plan and providing or designating a Payment Method, you authorize us to charge you a monthly plan fee at the then current rate, and any other charges you may incur in connection with your use of the GoGig service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
4.4 No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4.5 Payment Methods. You may edit your Payment Method information by emailing firstname.lastname@example.org. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the plan fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
4.6 Cancellation. You may cancel your GoGig plan at any time, and you will continue to have access to the GoGig service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PLAN PERIODS. To cancel, email email@example.com. If you cancel your plan, your account will automatically close at the end of your current billing period. To see when your account will close, please send an inquiring email to firstname.lastname@example.org. If you signed up for GoGig using your account with a third party as a Payment Method, and wish to cancel your GoGig plan at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the GoGig service through that third party. You may also find billing information about your GoGig plan by visiting your account with the applicable third party.
5.1. In order to use the Application, You are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ("Software Requirements").
5.2. The Software Requirements are as follows: Apple iPhone or Apple iPod Touch Running iOS 9 and up; Language: English.
5.3. The Application software may be upgraded from time to time for new functions and services.
6.1. GoGig or You may terminate Your use of the Application at any time.
6.2. Upon termination, (i) the rights and licenses granted to You herein shall terminate; (ii) You must cease all use of the Application; and (iii) You lose all rights to access the Services. The following shall survive the termination of this Agreement:
7. ELIGIBILITY FOR USE
7.1. GoGig is not intended for children under 16 years of age. No one under age 16 may provide any information to GoGig. GoGig does not knowingly collect personal information from children under 16. If You are under 16 or do not have the authority or capacity to enter into this Agreement, do not use the Application or provide any information to GoGig. In the event, we learn personal information has been collected or received from a child under 16 without verification of parental consent, we will delete that information. If You believe we might have any information from or about a child under 16, please contact us at email@example.com.
7.2. To use the Application, You must: (i) meet the minimum age in Section 6.1; (ii) only have one active GoGig account; and (iii) not be restricted, banned, or otherwise disqualified from using the Application.
8.1. To the extent applicable by law, GoGig and its service providers disclaim all express and implied warranties and representations; including, without limitation to Warranties of Merchantability, Fitness for a Particular Purpose, Accuracy of Data, and NonInfringement. GoGig does not guarantee that the Application will function without Service interruptions or errors. All Services, content, and information of this Application are provided on an “As Is” and “As Available” basis.
8.2. To the extent applicable by law, in no event shall GoGig and its service providers be liable for any direct, indirect, special, punitive, exemplary or consequential losses, loss of data, opportunities, monetary profits or revenue, reputation, damages of any kind arising out of customer’s use or access to the Application or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise. This limitation of liability is part of the bargain for exchange between GoGig and You, and shall be applicable to all claims of liability, even if GoGig is notified of the possibility of such damages and the remedies fail their essential purpose.
8.3. GoGig is not liable to You for any damage or alteration to Your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
8.4. In no event shall the liability of GoGig exceed, in the aggregate amount for all claim an amount that is the lesser of (i) five times the most recent monthly or yearly fee that You paid for the service, if any; or (ii) $1000.00 US.
8.5. You shall indemnify, defend, and hold harmless GoGig, directors, officers, employees, agents, its subsidiaries, assignees, and/or affiliates from any third party action brought against GoGig that: (i) arise based on Your activities on GoGig; (ii) Your violation of this Agreement; and/or (iii) any content submitted to GoGig by You that is in any way a violation of a third party’s rights, the law, and/or infringes upon a person’s intellectual property.
8.6. Any violation of a Third-Party’s Copyright will be investigated upon notification and promptly removed in accordance with the Digital Millennium Copyright Act (“DMCA”). Notification of any potentially infringing work may be submitted to GoGig via email to firstname.lastname@example.org. In Your email, please include sufficient information for GoGig to locate the potentially infringing work, a description of the material, a signed and sworn statement (“Under Penalty of Perjury”) by You that You are the rightful owner of the work, Your information including name, address, telephone and email.
8.7. If you believe that Your material was removed by mistake or by misidentification with an infringing work please email GoGig at email@example.com with a counter-notification under the DMCA guidelines as set forth in Section 7.6.
9.1. If any competent court with authority over this Agreement finds any part of it invalid or unenforceable, such judgment shall not affect, impair or invalidate the remainder of this Agreement and shall be confined in its operation to the provision or provisions hereof directly involved in the controversy in which such judgment shall have been rendered. Further, the court should (if possible) modify the terms of the Agreement deemed invalid or unenforceable, while still achieving the desired intent.
9.2. Any non-action by GoGig to enforce a breach of this Agreement does not constitute a waiver of GoGig’s right to enforce the Agreement. You may not assign or transfer this Agreement without the express consent of GoGig. GoGig may transfer or assign this Agreement at anytime. There are no third party beneficiaries to this Agreement.
9.3. Any action arising out of or related to this Agreement or use of the Application shall be brought forth in the applicable state or federal court located in Broward County, Florida, United States of America without any reference to conflict of law.