Terms of Service

Effective May 15, 2023

Welcome to Gigwok, Inc. These Terms of Use govern your access to and use of the Gigwok mobile application (the "App") and the Gigwok website (the "Site"), collectively known as the "Service," provided by Gigwok, Inc. ("Gigwok," "we," "us," or "our"). By accessing and using the Service, you agree to be bound by these Terms of Use, our Privacy Policy, and any additional terms of use or terms and conditions (such as Membership Terms of Service if you’re a paying member, or Audition Terms of Service) that are referenced herein or that otherwise may apply to specific areas of the Service.

The Gigwok Service

We agree to provide you with the Gigwok Service. The Service includes all of the Gigwok products, features, applications, services, technologies, and software that we provide in the App or on the Site. In summary, Gigwok aims to provide you with a platform to showcase your talent and/or needs, and to discover opportunities to collaborate and further advance yourself and/or your business. The Service is made up of the following aspects:

  • Offering personalized opportunities to create, connect, communicate, discover and share

    We offer different types of accounts and features, some free and others purchased via subscription or credits (i.e., Membership), to help you create, share, grow and maintain your presence, and communicate with others on and off Gigwok. We also try to understand who and what you and others care about, and use that information to help you create, find, join and share in opportunities, collaboration, and experiences that matter to you. Part of that is highlighting content, features, offers and accounts that you might be interested in, and offering ways for you to experience Gigwok based on our understanding.

  • Fostering a positive, inclusive, and safe environment

    We develop and use tools and offer resources to Gigwok users that help to make their experiences positive and inclusive. We have features that enable users to report abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have, including your information, to try to keep our platform safe and secure. We also may share information about misuse or harmful content with law enforcement. Learn more in the Privacy Policy.

  • Developing and using technologies that help us consistently serve our growing community

We’re constantly creating and using cutting-edge technologies that help us personalize, protect, and improve our Service for our users. For example, technologies like artificial intelligence and machine learning give us the power to improve our Service. We also use automated technologies to help us ensure we’re able to consistently provide Service with integrity.

  • Ensuring access to our Service

    To ensure our Service can be accessed globally, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our Service. This infrastructure may be owned or operated by third-party providers who specialize in providing this type of infrastructure.

  • Connecting you with brands, products, and services in ways you care about

    From time to time, we may use data from Gigwok and from third-party partners to show you ads, offers, and other sponsored content that we believe will be meaningful to you.

  • Researching and innovating continually

    We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

Your Commitments

Acceptance of Terms

1. By accessing or using the Service, you are a User (“User”) and you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Service.

2. You agree we may change, suspend or discontinue any of our Service. 

3. You agree we may modify our prices for Service effective prospectively with reasonable notice.

4. From time to time, Gigwok may recommend opportunities for you to collaborate with other Users. However, you acknowledge that Gigwok does not supervise, direct, control or monitor Users when recommending opportunities. You also agree that:

a. Gigwok is in no way responsible for any interaction(s) between you and other User(s) that may occur after the recommendation(s).

b. Any interaction(s) you have with other User(s) is at your own risk and Gigwok is not responsible or in any way liable for any loss incurred by you.

c. Gigwok does not endorse any particular User.

d. Any collaboration opportunity that you offer or engage in will be lawful and truthful.

User Accounts and Registration

5. You may need to register for an account to access certain features of the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account information, including your username and password, and for any activities or actions taken under your account.

6. You may register and create only one account in your real name.

7. As between you and others (including your employer), you control the access to your account. However, if the Service were purchased by another party for you to use (e.g. Membership bought by your employer), you also agree that the party paying for such Service has the right to terminate such paid Service.

8. You agree to receive information from Gigwok and others in the Gigwok community within our Service and also through other contact information and communication methods that you have provided us, including but not limited to phones, emails, websites, and other messaging apps.

9. You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you identify that you are using the Membership Services on behalf of a business, you agree that Gigwok may share information about your purchases and use of the Membership Services with that business, including its representatives and agents.

10. If the business that you are using the account on behalf of indicates that you are no longer authorized to use the Membership Services on its behalf (e.g., if you leave that business or change roles within that business), you agree you may be removed from accounts associated with that business. 

11. You may not resell or transfer access to the Membership Services to any other party.

12. You agree Gigwok reserves the right to limit your use of the Services, including but not limited to the number of Users you can be connected to, access to features, rejecting or removing postings, amount of content that can be shared, number of account(s), and number of personal or business profile(s) under your account.

User Obligations

13. While Gigwok strives to provide its service as broadly as possible, in order to use Gigwok, you must fulfill all of the following requirements:

a. Are 13 years or older

b. Have not previously had either your personal and/or business account(s) disabled by Gigwok due to a violation of our Terms of Use or other terms and policies that apply to your use of Gigwok. If your account(s) have been disabled by Gigwok, you agree not to create another account without our permission. You also agree that permission is given at our sole discretion and will not mean or imply that the disciplinary action was wrong or without cause. 

c. Are not a convicted sex offender

d. Are not prohibited to receive our products or services under applicable laws 

14. You agree to follow and uphold Gigwok’s Community Standards.

Your User Content

15. You are solely responsible for any content that you submit, post, or display on or through the Service, including any messages, profile information, and other materials (collectively, "User Content"). 

16. You grant Gigwok a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service.

17. You have the proper and necessary rights to share your User Content.

18. Your User Content will not violate the law nor anyone’s rights (including intellectual property rights).

19. You agree that Gigwok is not obligated to publish any information or content on our Service and can remove it with or without notice. 

20. You agree that Gigwok has no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

Other’s User Content

21. You may use others’ User Content at your own risk.

22. You agree that others may offer their own products and services through our Service, and we aren’t responsible for those third-party activities.

23. By using the Services, you may encounter User Content that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Gigwok does not review content provided by our Users or others and cannot always prevent misuse of our Service. You agree that we are not responsible for others’ User Content or for any such misuse.

24. Others’ User Content may offer products and services through our Service. You agree Gigwok isn’t responsible for those third-party products, services, or activities promoting such products or services.

Prohibited Conduct

25. You may not use the Service to engage or assist others in any activity that is unlawful, fraudulent, misleading, discriminating, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. 

26. You may not use the Service to transmit or upload any material that contains viruses or other harmful computer code or files.

27. You may not access or collect Gigwok’s data or data which you do not have permission to access, including usernames, passwords, and User Content which are not your own.

28. You may not sell or license Gigwok’s data.

29. You may not misuse reporting, flagging, disputing, or appealing features, such as by making groundless, duplicative, or fraudulent reports or appeals.

Intellectual Property

30. All content on the Service, including but not limited to text, graphics, logos, images, and software, is owned by Gigwok or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use any content on the Service without the prior written consent of Gigwok.

Disclaimers and Limitations of Liability

31. THE SERVICE IS PROVIDED ON AN “AS-IS” and “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GIGWOK DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL GIGWOK BE LIABLE FOR ANY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.

32. TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS GIGWOK HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), GIGWOK WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

33. GIGWOK’S' LIABILITY TO YOU IN CONNECTION WITH THIS CONTRACT SHALL BE LIMITED TO THE TOTAL FEES PAID OR PAYABLE BY YOU TO GIGWOK FOR THE SPECIFIC MONTH DURING WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THIS LIMITATION SHALL APPLY REGARDLESS OF THE NATURE OF THE CLAIM, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

Indemnification

34. You agree to indemnify, defend, and hold harmless Gigwok, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the app or violation of these Terms.

Termination

35. Gigwok may terminate or suspend your access to the Service at any time, with or without cause, and without prior notice or liability.

Governing Law

36. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law. 

37. In the unlikely event of a dispute, you agree that you and Gigwok will resolve it in the state courts located in San Mateo County, California.

Changes to Terms of Use

38. Gigwok may revise these Terms of Use at any time by updating this page. Your continued use of the Service after such changes will constitute your acceptance of the revised Terms of Use.

Severability

39. If any provision of these terms and policies is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

40. These terms, including Privacy Policy, Refund Policy, Cookie Policy, Audition Terms of Service and any other terms on this website, represent the complete and exclusive agreement between users and Gigwok, superseding any prior agreements or discussions.

Contact Information

41. If you have any questions or concerns about these Terms of Use or the Service, please contact us at support@gigwok.com

Gigwok Community Standards

Gigwok is a community of professionals. This list of “Dos and Don’ts” limit what you can and cannot do on our Services.

Dos – You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements

  • Provide accurate information to us and keep it updated

  • Use your real name on your personal profile and your real business name on your business profile

  • Use the Services in a courteous, professional, and lawful manner

Don’ts – You agree that you will not:

  • Create a false identity on Gigwok, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account

  • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services

  • Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views)

  • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Gigwok

  • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer))

  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights

  • Violate the intellectual property or other rights of Gigwok, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology (iii) using the word “Gigwok” or our logos in any business name, email, or URL without permission from Gigwok

  • Post anything that contains software viruses, worms, or any other harmful code

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Service or any related technology that is not open source

  • Imply or state that you are affiliated with, employed by or endorsed by Gigwok without our express consent

  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Service or related data or access to the same, without Gigwok’s consent;

  • Deep-link to our Service for any purpose other than to promote your profile or a Group on our Service, without Gigwok’s consent

  • Use bots or other automated methods to access the Service, add or download contacts, send or redirect messages

  • Monitor the Service availability, performance or functionality 

  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Service

  • Overlay or otherwise modify the Service or their appearance (such as by inserting elements into the Service or removing, covering, or obscuring content included on the Service)

  • Interfere with the operation of, or place an unreasonable load on, the Service (e.g., spam, denial of service attack, viruses, gaming algorithms)

  • Violate the any additional terms concerning a specific Service that are provided when you sign up for or start using such Service

  • Violate any local laws when using Service

Fees, Payment and Cancellation

By signing up for a membership account, you agree to pay the membership fee associated with the selected membership level. You agree to provide Gigwok with valid payment information, such as a credit card or other payment method, and authorize us to charge the membership fee to your payment method. If your payment information is not valid, or if payment is not received for any reason, we may terminate your membership account.

Unless you change or remove your payment method, Gigwok may store and update (e.g., upon expiration) your payment method for use with subsequent campaigns, orders and purchases submitted through your account. Any refunds processed by us are subject to our Refund Policy.