Terms of Service

These Terms of Service ("Terms," "Agreement") are a binding contract between you and GigVia, governing your access to and use of the GigVia marketplace, our mobile applications, and every related service we refer to as the "Platform." By creating an account, or by using GigVia in any way, you agree to be bound by these Terms, our Platform Rules, and our Privacy Policy, all of which are incorporated here by reference.

If you don't agree to these Terms, please don't create an account or use the Platform. If you're using GigVia on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity to this Agreement, in which case "you" refers to that entity.

Key terms used in this Agreement

Using GigVia as a buyer or seller means entering into a binding legal agreement, so we ask every member to meet the following conditions before registering:

• You must be at least 18 years old, or the age of legal majority where you live, and legally able to enter into a binding contract.
• Information you provide during registration must be accurate, and you agree to keep it up to date, including your name, email address, and payment or payout method.
• You're responsible for keeping your login credentials confidential and for all activity that occurs under your account, and agree to notify Support promptly of any unauthorized use.
• Accounts are personal to the member who created them and can't be sold, transferred, shared, or operated by anyone else.
• Further registration requirements, including identity verification and our one-account-per-person rule, are set out in our Platform Rules, which form part of this Agreement.

GigVia is a marketplace that connects independent buyers, who post gigs, with independent sellers, who complete them. We provide the platform, escrow, messaging, and dispute support that make that exchange possible — we are not a party to the agreement formed between a buyer and a seller once a gig is claimed.

• Sellers act as independent, self-employed individuals, not as employees, agents, partners, or representatives of GigVia or of any buyer they work with.
• Buyers act on their own behalf when posting a gig, and are solely responsible for the accuracy, legality, and clarity of the gigs they post.
• GigVia doesn't perform, supervise, or guarantee the outcome of any gig; quality, timeliness, and completion are matters between the buyer and seller involved.
• Nothing in this Agreement creates a joint venture, partnership, or employment relationship between you and GigVia.

Subject to your compliance with this Agreement, GigVia grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for its intended purpose: posting, claiming, and completing gigs.

What you can't do

• Copy, modify, or create derivative works of the Platform, its software, or its underlying code.
• Reverse engineer, decompile, or attempt to extract the source code of any part of the Platform, except where applicable law expressly permits it.
• Scrape, data-mine, or use automated means to access the Platform outside of any official API we make available.
• Circumvent, disable, or interfere with security-related features of the Platform, or attempt to gain unauthorized access to another member's account or to GigVia's systems.

Ownership

• The GigVia name, logo, and platform, including its design, software, and underlying technology, are owned by GigVia and protected by intellectual property law. This Agreement gives you no rights to them beyond the limited license above.
• Content you submit to the Platform, such as gig instructions, submissions, messages, and reviews, remains yours, but you grant GigVia a license to host, store, display, and use it as needed to operate and improve the Platform.
• Ownership of a completed gig's deliverables, as between a buyer and seller, is governed by our Platform Rules.

Posting a gig as a buyer is an offer to contract with whichever seller claims it, on the terms stated in that gig. By posting a gig, you agree that:

• You're solely responsible for ensuring your gig instructions are legal, accurate, and complete, and that you hold the rights to any material included in them.
• Funding a gig authorizes GigVia to hold that amount in escrow and to release it to a seller once their submission is approved, or automatically approved, in line with our Platform Rules.
• You're financially responsible for every position you make available on a gig, and agree to pay the full amount for any submission that meets your stated instructions.
• GigVia may, at its discretion, remove a gig that violates this Agreement, our Platform Rules, or applicable law, at any stage before or after it's claimed.

Claiming a gig as a seller is your acceptance of that gig's specific instructions and price, forming a contract directly with the buyer who posted it. By claiming a gig, you agree that:

• You act as an independent contractor, solely responsible for how, when, and where you complete a gig, provided it's within the stated completion window.
• You're solely responsible for your own tax obligations, business registration, and any other legal requirements tied to income earned through GigVia.
• GigVia doesn't guarantee the availability, volume, or earnings potential of gigs on the Platform, and past earnings aren't a predictor of future results.
• Payment for a gig is owed to you by the buyer, facilitated through GigVia's escrow system, once your submission is approved or automatically approved.

GigVia facilitates payment between buyers and sellers through a secure escrow system and third-party payment processors. Current fee rates, including the Buyer Service Tax and Seller Withdrawal Tax, are published in our Platform Rules and shown before you fund a gig or request a withdrawal.

• We may change our fees from time to time; where required, we'll provide reasonable advance notice before a change takes effect.
• Funds held in escrow are held solely for completing a gig transaction, don't earn interest, and aren't an insured deposit — GigVia is not a bank.
• Payment processing depends on third-party providers, and GigVia isn't responsible for delays or failures caused by those providers or by your chosen payment or payout method.
• A chargeback, payment reversal, or fraudulent funding attempt may result in the related gig being paused and your account being restricted while we investigate.

Beyond the marketplace conduct covered in our Platform Rules, you agree not to misuse the Platform itself. This means you won't:

• Use the Platform for any unlawful purpose, or in a way that violates any applicable law or regulation.
• Upload or transmit viruses, malware, or any code designed to disrupt, damage, or gain unauthorized access to the Platform or another member's device.
• Probe, scan, or test the vulnerability of the Platform, or attempt to breach any security or authentication measure, without our prior written authorization.
• Use the Platform to infringe GigVia's intellectual property, or that of another member or third party.

A violation of this section, in addition to the consequences described in our Platform Rules, may result in immediate suspension of your access to the Platform.

We work hard to keep GigVia reliable, but the Platform is provided on an "as is" and "as available" basis.

• Because GigVia doesn't perform or supervise gigs itself, we don't guarantee that a buyer's instructions will be reasonable, or that a seller's submission will meet a buyer's expectations — that's what our Resolution Center is for.
• We don't guarantee the Platform will be free of technical issues, though we work to resolve them promptly when they arise.
• Some jurisdictions don't allow the exclusion of certain warranties, so some of the exclusions above may not apply to you.

To the fullest extent permitted by law, GigVia and its officers, employees, and partners won't be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data, arising from your use of the Platform.

Our total liability to you for any claim arising from this Agreement is limited to the greater of the fees you paid to GigVia in the twelve months before the claim arose, or one hundred dollars (or the equivalent in your local currency).

Indemnification

You agree to indemnify and hold GigVia harmless from any claim, loss, or expense, including reasonable legal fees, arising from your use of the Platform, the content you submit, a gig you post or complete, or your violation of this Agreement or applicable law.

You may stop using GigVia and close your account at any time by contacting Support. We may suspend or terminate your access to the Platform for the reasons, and following the process, described in our Platform Rules.

• On termination, funds already in escrow for approved or in-progress gigs will still be processed according to their original terms, unless termination is due to a violation involving that specific gig.
• Sections of this Agreement that by their nature should survive termination, including ownership, disclaimers, liability, and dispute resolution, will continue to apply.
• We may retain certain records after termination as described in our Privacy Policy, including where required for legal, tax, or financial compliance.

Most disagreements about a specific gig are best resolved directly between the buyer and seller, or through our Resolution Center as described in our Platform Rules.

For a broader legal dispute arising from this Agreement that can't be resolved that way, you agree to first contact GigVia Support and give us a reasonable opportunity to resolve it informally before pursuing a formal claim.

• This Agreement is governed by the laws applicable in the jurisdiction where GigVia is legally established, without regard to conflict-of-law principles.
• Where permitted by law, unresolved disputes may be settled through binding, individual arbitration rather than in court, and you agree to bring claims only in your individual capacity, not as part of a class action.
• Nothing in this section limits either party's right to bring an individual claim in small-claims court, where eligible.

A few standard terms round out this Agreement:

• Entire agreement — this Agreement, together with our Platform Rules and Privacy Policy, is the entire agreement between you and GigVia regarding the Platform, and supersedes any prior agreements on the subject.
• Severability — if any part of this Agreement is found unenforceable, the rest remains in full effect.
• No waiver — GigVia's failure to enforce a right under this Agreement isn't a waiver of that right.
• Assignment — you may not assign this Agreement without our written consent; GigVia may assign it as part of a merger, acquisition, or sale of assets.
• Force majeure — GigVia isn't liable for delays or failures caused by circumstances beyond our reasonable control.
• Notices — we may provide notices to you by email or through a notice on the Platform, and such notices are considered received once sent.

We may update these Terms from time to time to reflect new features, evolving practices, or legal requirements. Material changes are announced by email or in-platform notice with reasonable notice before they take effect — continuing to use GigVia after that date means you accept the update.

If anything here is unclear, or you'd like it explained in the context of your account, GigVia Support is always the right place to ask.