Comprenez les petits caractères

‍Conditions générales d'utilisation

1er février 2024

GigPay and our subsidiaries and affiliates (collectively “GigPay”, “us,” or “we”), collectively form a technology services firm that offers web-based applications and mobile applications, as well as application programming interfaces (“APIs”) to facilitate payments, savings, financial transactions and other financial services along with other features and functionality (collectively, the “Platform”). As explained below, we collect information from you when you interact with the Platform. Businesses, organizations of various types and people can use the Platform to initiate (send), receive and manage payments.

‍Acceptance, Change or Termination.
By accessing the Platform or using the services and features on or through the Platform (“Services”) in any manner, you become a GigPay user (“User”, “you” or “your”). You may not use our Services without agreeing to the terms and conditions set out in these Terms of Service along with our Privacy Policy and any other policies posted on our website(s) and elsewhere on the Platform, which may be amended from time to time without prior notice and are hereby incorporated by reference (collectively, the “Terms of Service”). Your use of the Platform or Services constitutes acceptance of the Terms of Service. Therefore, Users are advised to review the Platform for any changes prior to accessing it and to contact GigPay or your legal advisor with any questions. GigPay reserves the right, at our sole discretion and without prior notice and any liability, to modify or replace these Terms of Service, change any features or functionality on the Platform, stop providing the Platform, applications or Services, create usage limits for the Platform, or change, improve or update the information, materials and descriptions on the Platform at any time for any reason. GigPay may permanently or temporarily terminate or suspend your access to the Platform without notice and any liability, for any reason or for no reason, including if in our sole determination you have violated any provision, or the intent thereof, of these Terms of Service. You are solely responsible for checking these Terms of Service and other policies posted on our website(s) and elsewhere on the Platform for changes prior to your use. Your continued use of the Service following the posting of any amendments or restatement of these Terms of Service or other policies constitutes acceptance of those changes. Upon termination of these Terms of Service or your access to the Platform, whether for any reason or no reason, you will continue to be bound by these Terms of Service which, by their nature, survive termination, including without limitation the ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

‍Eligibility for Use of the Services.
The Platform is only available to properly formed businesses and organizations, and to individuals who are at least eighteen (18) years old. User represents and warrants that if you are an individual, you are at least 18 years old, that you are fully able and competent to enter into the terms and conditions set forth in this and other agreements on the Platform, and that all registration information you submit is truthful, accurate and complete. If you are accessing the Platform and/or using the Services on behalf of an entity, such as your employer or a company you work for or control, you warrant and represent that you have the legal authority to bind that entity to these Terms of Service. The Platform is controlled and operated from GigPay’s facilities in the United States. GigPay makes no representations that the Platform or Services are appropriate or available for use in other jurisdictions. Those who access or use the Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.‍

Account Registration.
In order to access certain features of our website(s) and of the Platform, you must register to create an account (“Account”). You must complete the registration process by providing us with current, complete and accurate information. You are solely responsible for updating any and all pertinent registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Account. You will also choose a password. GigPay reserves the right in its sole discretion to refuse registration of or cancel a User’s account or any associated data. You are solely responsible for maintaining the confidentiality of your password and Account information. You agree to notify GigPay immediately in writing of any unauthorized use of your Account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You acknowledge and agree that you are liable for any damages or losses to GigPay and other Users by any use or misuse of your Account, either authorized or unauthorized. You are solely responsible for selecting, installing, operating, and maintaining appropriate (for you and your purposes) antimalware, anti-intrusion, anti-phishing, and antivirus software and other protections on your computer(s) and other devices to prevent cyber-crimes, fraud and other theft or malicious acts.‍

No Professional Advice.
GigPay does not provide professional advice, guidance or recommendations and the use of the Platform should not be interpreted as advice or an endorsement of your business or actions in any way. Information published on or through the Platform is for informational purposes only. Users are advised to seek legal, tax and information technology advice from independent advisors before using the Services.‍

User Conduct Guidelines.
User represents and warrants that all information that you provide to GigPay or through the Platform is accurate, complete and truthful. GigPay and its agents are entitled to rely upon the information you provide as true, accurate and complete without independent verification. As a condition to accessing or using the Platform and the Services, you agree that you will not at any time: (a) engage in or attempt to engage in any conduct or business activity violate any applicable laws; (b) infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Platform; (c) use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (d) use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Platform or to extract data; (e) interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks; (f) post or create content or communications on the Platform that are, in our sole discretion, libelous, defamatory, profane, obscene, explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; (g) defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another; (h) use the Platform from a jurisdiction that we have, in our sole discretion, or a relevant governmental authority determined is a jurisdiction where the use of the Platform or the Services is prohibited; or (i) encourage or induce any third party to engage in any of the activities prohibited under these Terms of Service. GigPay reserves the right to terminate or limit your access to the Platform and/or the licenses granted herein for any reason and in our sole discretion.‍

No Representations or Warranties.
GigPay makes no representation or warranties as to the completeness or accuracy of the information provided on the Platform or its functionality. To the maximum extent permissible by law, GigPay assumes no liability or responsibility whatsoever for any errors or omissions in the content of the Platform. GigPay does not endorse or represent the reliability or accuracy of any content or information created, posted, distributed through or accessed from the Platform. You agree that any reliance upon any content or information distributed through or accessed from the Platform is at your sole risk.‍

Digital Millennium Copyright Notice.
We respect the intellectual property of others, and we ask you to do the same. If you or any third-party believes its copyright rights have been infringed on our Platform, the copyright(s) owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include: (i) a physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party; (ii) identification of the copyrights(s) claimed to have been infringed; (iii) information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted; (iv) identification of the material that is claimed to be infringing the Complaining Party’s copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials; (v) a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512© (“DMCA”), GigPay’s Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below:‍

Designated Agent for Claimed Infringement: GigPay, LLC Legal Department, legal@gigpay.com

You acknowledge, accept and agree that if we receive a notice of a claim of copyright or other intellectual property infringement, we may immediately remove the identified materials from our Platform without liability to GigPay or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. Please note that this procedure is exclusively for notifying GigPay and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to legal@gigpay.com. GigPay may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.‍

Intellectual Property.
For any image, video, audio, documents and other content that you upload, create, transmit or post to or through the Platform (“User Content”), User represents and warrants that: (i) User has all necessary rights to submit User Content to the Platform and grant the licenses set forth herein; (ii) GigPay will not need to obtain licenses from any third party with respect to use, publication, royalties or other fees, costs or expenses; (iii) User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights, in any way; and (iv) User Content complies with these Terms of Service and all applicable laws. Subject to your compliance with these Terms of Service, GigPay grants User a limited, non-exclusive, non-assignable, non-sub- licensable, revocable, license to use the Platform as it is provided to you by GigPay solely for your personal or internal business use and only in a manner that complies with these Terms of Service and all legal requirements that apply to you or your use of the Platform. Notwithstanding the foregoing, GigPay reserves the right to and may revoke this license at any time, in its sole discretion. No licenses or rights are granted to User herein by implication or otherwise under any intellectual property rights owned or controlled by GigPay or its licensors, except for the licenses and rights expressly granted in these Terms of Service. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of GigPay intellectual property (whether registered or unregistered). You may not at any time, adopt or use, without GigPay’s prior written consent any word or mark which is similar to or likely to be confused with GigPay’s intellectual property. You are advised that GigPay will aggressively enforce its intellectual property rights to the fullest extent of the law. User grants GigPay a worldwide license to use User Content in connection with the Service.‍

Limitations of Liability and Disclaimers.

No Consequential, Incidental or Punitive Damages.

Notwithstanding anything to the contrary contained in these Terms of Service, GigPay shall not be liable to any person or entity, whether in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, infringement, loss of business or other economic loss) arising out of or related to these Terms or the Service, whether such parties have been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory.

Limitation of Liability.

GigPay’s liability for damages to each User shall in all cases be limited to, and under no circumstances shall exceed, GigPay’s service fees actually received by GigPay from such Any claim or cause of action a User may have or acquire in connection with the Service or any of the other matters contemplated by these Terms of Service shall survive for the shorter of, and may be brought against GigPay solely prior to: (a) the expiration of the statute of limitations applicable thereto; and (b) the date that is six months after the date on which the facts and circumstances giving rise to such claim or cause of action first arose.‍

Disclaimer of Representations.
The Platform and Service are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, GigPay is not making, and hereby disclaims, any and all information, statements, omissions, representations and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the Service and the other matters contemplated by these Terms of Service, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, workmanship or technical quality of any code or software used in or relating to the Service. GigPay assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Platform or your downloading of any materials, data, text, images, video, or audio from the Platform. GigPay shall not be liable for any defects in the smart contracts used for minting. User acknowledges and agrees that use of the Service is at the User’s own risk.‍

No Responsibility for User Content; No Guarantee of Uniqueness or Intellectual Property.
GigPay has no responsibility for the User Content uploaded, generated, created and/or sold by Users on or through the Platform. GigPay does not investigate and cannot and does not guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any User Content. The Services offered to Users is limited to technology, self-directed by User and ministerial in nature.‍

Third-Party Resources and Content.
References, links or referrals to or connections with or reliance on third-party resources, products, services or content, including smart contracts developed or operated by third parties, may be provided to Users in connection with the Service. In addition, third parties may offer promotions related to the Service. GigPay does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If Users access any such resources, products, services or content or participate in any such promotions, Users do so solely at their own User hereby expressly waives and releases GigPay from all liability arising from User’s use of any such resources, products, services or content or participation in any such promotions. User further acknowledges and agrees that GigPay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content or promotions from third parties.‍

Account Fees, Transaction Fees.
User acknowledges and agrees that GigPay and its financial partners charge financial transaction fees. They may also charge fees for debit cards and for certain types of accounts, as well as for other financial services. Accordingly, you must ensure that you have a sufficient balance with GigPay to complete any transaction on the Platform before initiating financial transactions, processing fees, money transfer charges, foreign exchange (“Fx”) fees, and other fees. GigPay makes no guaranty or warranty of best-market-price on any fees and sets all fees and charges entirely at our discretion. Use of the Platform is subject to fees, costs and expenses. For a list of all applicable fees, please email support@gigpay.com. To the fullest extent permissible by applicable law, GigPay shall be under no obligation to issue refunds and all transactions are final, provided, however, that GigPay may issue a fee refund at its discretion. Fees will be deducted from your transactions, and a transaction may be created by the system in order to pay for fees due.‍

Officers, Directors and Others.
All provisions of these Terms of Service which disclaim or limit obligations or liabilities of GigPay shall also apply to the officers, directors, members, employees, independent contractors, agents, affiliates, stockholders, vendors and affiliates of GigPay.‍

Financial Technology.
GigPay does not itself ever hold your money or your assets. We provide technology that enables you to access your assets, trigger financial transactions, and engage in financial services conducted through a network of banks, money transmitters, payment service providers, foreign exchange firms, trusts, and other partners who we integrate the Platform into in order to provide you with the Services. As such, GigPay is not a financial institution, including a bank, trust company, money transmitter, or securities broker in the United States (“US”), or EMI, VASP or other licensed financial services firm in other countries. That said, we may own subsidiaries or have affiliates who are such entities, both in the US and/or in other countries. GigPay does at times act as the agent of the payee and may collect payments from businesses making payments to payees in order to properly credit Payees wallets and enable Payees to direct GigPay as to where and how to send (“offramp”) their funds. GigPay will facilitate such payments based upon the instructions provided by the Payee and use commercially reasonable efforts to offramp the cash as per the instructions provided by the Payee. GigPay is not responsible for incorrect offramping of cash or any other wrong disposition of funds as long as the GigPay Platform follows the instructions provided by the Payee.

Note that GigPay collects and in some limited cases analyzes (such as for KYB, KYC and AML purposes) information provided by Users in connection with the Services. We may at times relay some or all information and data to our Platform partners, including but not limited to banks, payment services platforms, money transmitters, exchanges, regulators, affiliates, accountants, BSA auditors, and others both in the USA and globally. These firms may use such data and information as necessary to perform and fulfill their obligations to the overall Platform, specifically, or more generally for their regulatory and/or operational duties.‍

FDIC Insurance, Flow of Funds.
All US Dollar fiat currency (aka “money” or “cash”) is held in trust at FDIC-insured banks in the US. This is done in a manner to provide full FDIC-insurance to every individual as a unique beneficiary and protected by up to the maximum insurance coverage possible. Cash held in excess of FDIC policies (currently $250,000 per person per bank) may not be covered by FDIC insurance, however funds may also be held by the trust in short-term in US Treasury Notes as well as at multiple banks in order to increase the breadth of and coverage of security by the FDIC and the US Government and would thus potentially protect amounts you have that are above $250,000 (i.e. if you have $2.5M and it is held in 10 different banks then it would be 100% insured by the FDIC as each bank is $250,000 individually). This ensures optimal protection for cash from and for payors and payees, collectively “trust beneficiaries”. That said, funds designated for cash withdrawal in the USA and in countries outside of the USA may be held at banks and/or financial service providers in those jurisdictions and thus outside the scope of FDIC insurance or US Government protection; we consider these funds to be “in- transit” to be ready for anticipated offramping via that particular payment gateway partner and are subject to whatever the regulations and protections are of the payment services partner and/or the country in which they are held to cover offramp directives. Your GigPay wallet is a technology application that enables you to view your beneficial ownership of funds held in Reliance Trust and at various financial institutions and service providers with whom GigPay integrates. Money of US persons are held in trust at US banks and thus are FDIC- insured or are in very short-term US Treasuries and thus backed by the US Government except when in-transit (held to be ready for anticipated offramping). Money held for non-US persons is also FDIC-insured except when in-transit and thus held by banks and financial services firms in their locales.‍

Limitations on Disclaimers.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to specific Users. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent permitted by applicable laws.‍

Non-Reliance.
You represent and warrant that you are knowledgeable, experienced, and sophisticated in using and evaluating financial and related technologies. You have conducted your own thorough independent investigation and analysis of the Platform and the other matters contemplated by these Term of Service, and have not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of GigPay in connection therewith, except as expressly set forth by GigPay in these Terms of Service.‍

Risks of Financial Technology & Services.

General Risks.
By accessing and using the Platform, you represent that you understand the inherent risks associated with using technology-driven financial systems and Services, and that you have a working knowledge of the usage and intricacies thereof. You acknowledge that the cost and speed of transacting with cryptographic and financial-based systems vary. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Service. In addition to the risks mentioned herein, there are other risks that GigPay cannot yet identify or predict, and you should make your own enquiries, research and analysis thereof. GigPay does not make any representation or guarantee and will not bear any liability regarding the quality, availability, or fitness for purpose of the Platform and associated Services.‍

Financial Technology.
User acknowledges and agrees that financial technology is relatively new and has uncertainty regarding the operation and effects and risks thereof and the application of existing law In the event thatyour account or any transactions are adversely affected by malfunctions, bugs, defects, hacking, theft, attacks, negligent coding or design choices, or changes to applicable regulations or rules, Users may be exposed to a risk of loss. GigPay assumes no liability or responsibility for any of the foregoing matters, except as otherwise expressly provided by these Terms or required by applicable law.‍

Regulatory Uncertainty.
Financial technology is subject to legal and regulatory uncertainties, both domestic US and globally, and the Platform could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit the ability of User to continue the use and enjoyment of such products and technologies.‍

Data/Storage/Loss.
You hereby acknowledge that losses may be incurred by errors or malfunctions of the Platform, the Services or other third-party equipment, network, software and/or services, resulting from technology errors or systems malfunction, as well as from actions taken or omitted by you or third parties, and from hacking, theft and malicious acts. You acknowledge and agree that such risks may lead to the loss and accepts that GigPay shall have no liability whatsoever in relation thereto.‍

User Representations & Warranties.
User represents, warrants and covenants that:

1. User has the required authorization to enter into these Terms of Service and shall comply with the Terms of Service and other policies posted on the Platform.

2. User is not an individual or entity that is, or an entity owned or controlled by persons or entities that are (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, the Swiss government, or any other governmental authority with jurisdiction the Services; (ii) identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or (iii) located, organized or resident in a country or territory that is, or whose government is, the subject of U.S. economic sanctions, including, without limitation, Cuba, Iran, North Korea, South Sudan, Sudan, or Syria.

3. User shall not upload, post, or transmit any video, image, text, audio recording, or other content that: (i) infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy; (ii) exploits minors; (iii) depicts unlawful or violent acts; (iv) depicts animal cruelty or violence towards animals; (v) promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or (vi) violates any law, statute, or regulation.‍

Prohibited Activities.
User acknowledges and agrees that you will not use the Services in connection with the following activities, items or services: Adult content, bail bonds, bankruptcy check cashing, or payment for a dishonored check or for an item deemed uncollectible by another merchant, counterfeit or possibly counterfeit goods, debt collection, drugs, alcohol, or drug paraphernalia, or items that may represent them, bail bondsmen, financial services such as cash advances, wire transfers or sales of money orders or foreign currency, gambling or betting, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races, hate, violence, racial intolerance, or the financial exploitation of a crime, internet pharmacies or pharmacy referral sites, pyramid or ponzi schemes, medical marijuana, obscene or pornographic items, prostitution, escort services, massage parlors and other explicit sexually related services, unlawful activities or items, or activities or items that encourage, promote, facilitate or instruct others regarding the same, violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same, weapons, including replicas and/or ammunition.

If we determine that you have received funds resulting from fraud or other prohibited activity, those funds may be frozen, returned to the Payor, or seized.

If we, in our sole and absolute discretion, suspect that your wallet has been used for an unauthorized, illegal, or criminal purpose, you expressly authorize us to share information about you, your wallet, your access to the Services, and your transactions with law enforcement or other authorities, auditors and persons that we may deem appropriate.‍

Third-Party Platforms.
The Platform may contain links to third party platforms or services (“Third-Party Platforms”). These links are provided only as a convenience to you. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by GigPay of any information, materials, products, or services contained in or accessible through any Third-Party Platform. In no event shall GigPay be responsible for the information contained on any Third-Party Platforms or your use of or inability to use any Third-Party Platforms. You acknowledge and agree that GigPay shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of or reliance on any content, goods, or services available through any third-party platforms or resource. YOU AGREE THAT ACCESS AND USE OF THIRD-PARTY PLATFORMS, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY PLATFORMS OR AVAILABLE THROUGH THIRD-PARTY PLATFORMS, IS SOLELY AT YOUR OWN RISK AND DISCRETION.‍

Governing Law and Dispute Resolution.
These Terms of Service shall be governed by, construed and entered in accordance with the laws of the State of Utah applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof. In the event of any claim, controversy or alleged dispute between you and GigPay, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least thirty (30) days before instituting any legal proceeding. Each User and GigPay agree to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) to be held in Salt Lake City, Utah, before an arbitrator to be selected by the JAMS. Any such arbitration may only be commenced within six months after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued. The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and GigPay. To the full extent allowable by law, you agree that no arbitration proceeding, or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis. Notwithstanding the foregoing, you agree that the following matters shall not, at the election of GigPay, be subject to binding arbitration: (1) any Dispute related to, or arising from allegations of criminal activity; (2) any Disputes concerning GigPay’s intellectual property rights; and (3) any claim for injunctive relief. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Limitation on Time to Initiate a Dispute.
Unless otherwise limited by law, any action or dispute between the parties must be commenced within six (6) months of the incident that is the cause of such action.

Communications.
You agree that GigPay may send communications to you via your mailing address, email, or telephone. You agree to notify us of any changes in your contact information. GigPay may deliver information verbally or in writing. Communications shall be deemed delivered to you when sent and not when received.‍

Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act.
The Federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, including signing by checking a box agreeing to this Agreement, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Platform periodically for changes and modifications and agree not to contest the admissibility or enforceability the Platform’s electronically stored copy of this Agreement in any proceeding arising out of this Terms of Service. Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. GigPay shall have a reasonable period to effect such a change and may respond by terminating your account and services, or GigPay may charge you a reasonable fee, set entirely at its discretion to cover processing, handling, and mailing expenses for sending such paper copies. In electing to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.‍

‍Integration and Severability.
The failure of GigPay to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GigPay. These Terms of Service and other referenced materials are the entire agreement between you and GigPay with respect to the Service, and supersede all prior or contemporaneous communication and proposals (whether oral, written or electronic) between you and GigPay with respect to the Service and govern the future relationship. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court or arbitral, as applicable, of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect and enforceable.‍

Miscellaneous.
Except as expressly provided in these Terms of Service, there shall be no third-party beneficiaries to the Terms of Service other than affiliates of GigPay. GigPay shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Service to an affiliate or in connection with a merger, consolidation or reorganization of GigPay for the sale of substantially all of its assets. In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. You further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision. Our affiliates, officers, directors and members shall be deemed third party beneficiaries to these Terms of Service.

These Terms of Service contain the entire understanding between you and GigPay relating to the Platform and GigPay’s services. These Terms of Service supersede any other Terms of Service or agreement regarding your use of the Platform and GigPay’s services prior to the date hereof.

‍

These Terms of Service were last updated on September 12, 2024