GigReal Terms of Use

Last Updated: January 12, 2025

Welcome to GigReal! These Terms of Use (the “Terms” or “Agreement”) govern your use of our website located at https://www.gigrealapp.com (the “Site”), the GigReal mobile applications (collectively, the “App”), and any related services, platforms, or tools we make available (collectively with the Site and App, the “Service”). By accessing or using the Service in any way, you (“User” or “you”) agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein.

If you do not agree with all of these Terms, you must not use or access the Service.

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1. Acceptance of Terms

1.1 Binding Agreement
By using or accessing the Service (whether through the Site, the App, or otherwise), you agree to be legally bound by these Terms. These Terms govern your rights and obligations regarding the use of the Service and constitute a binding agreement between you and GigReal App LLC (“GigReal,” “we,” “us,” or “our”).

1.2 Modification of Terms
We reserve the right to change or modify these Terms at any time. If we do so, we will post a revised version on the Site or within the App and indicate the date of the latest revision. Your continued use of the Service after such update constitutes your acceptance of the new Terms.

1.3 Additional Policies
Our Privacy Policy is incorporated by reference into these Terms. Some features of the Service may be subject to additional guidelines or rules, which will be posted on the Service in connection with such features. Those additional guidelines or rules are also incorporated by reference into these Terms. If there is a conflict between these Terms and any supplemental terms, the supplemental terms shall control solely with respect to the feature or service to which they apply.

2. Description of the Service

2.1 Platform Overview
GigReal is a platform designed to provide gig-driving information, insights, and tools to help users such as rideshare and delivery drivers improve efficiency, track mileage, and analyze earnings. By integrating certain data sources (e.g., from third-party platforms such as Uber, Lyft, or other gig-economy services), the Service displays aggregated information, analytics, and other resources to users.

2.2 No Endorsement of Third-Party Services
GigReal does not operate or control any gig platforms that you may integrate with, nor do we endorse any specific gig platform. Your relationship with those third-party platforms (collectively, “Third-Party Services”) is governed solely by your agreements with them. GigReal is not responsible for any loss or damage arising from your use of, or inability to use, any Third-Party Service.

2.3 Apple App Store and Other App Stores
If you download our App from the Apple App Store or any other app store (e.g., Google Play), your use of the App may also be governed by additional terms of the respective app store. Please refer to Section 17 below for specific notices regarding Apple.

3. Eligibility

3.1 Age Requirement
You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into these Terms.

3.2 Compliance with Laws
You agree to use the Service in compliance with all applicable local, state, national, and international laws and regulations. You are solely responsible for obtaining any licenses or permits applicable to your gig work.

3.3 No Competitors
If you are an employee, consultant, or agent of a competitor of GigReal, you may not access or use the Service except with GigReal’s prior written consent.

4. Account Registration and Security

4.1 Account Creation
To access certain features of the Service (beyond publicly available portions of the Site), you may be required to create an account. You agree to:

Provide true, accurate, current, and complete information as prompted during the registration process.
Maintain and update such information to keep it true, accurate, current, and complete at all times.

4.2 Account Responsibility
You are solely responsible for safeguarding your account credentials (e.g., username, password). You agree:

Not to share your credentials with any third party.
To notify us immediately at support@gigrealapp.com if you suspect any unauthorized use of your account or security breach.
That you are responsible for all activities that occur under your account.

4.3 Accuracy of Information
We are not liable for any information you provide that is inaccurate or incomplete, nor for any loss or damage arising from unauthorized use of your account.

5. Third-Party Services and Integrations

5.1 Linking Accounts
You may link or authorize GigReal to access data from your third-party gig platform accounts (e.g., Uber, Lyft). In doing so, you grant us permission to retrieve and use data as described in our Privacy Policy.

5.2 Disclaimer of Responsibility
We do not control, endorse, or assume any responsibility for any Third-Party Services, websites, or platforms linked or integrated with our Service. We have no liability for any damages arising from your use of any Third-Party Service.

5.3 Third-Party Terms
Your use of Third-Party Services is subject to their own terms and conditions, which we encourage you to review. GigReal is not liable for these third parties’ actions, omissions, or terms.

6. License and Intellectual Property

6.1 Grant of License
Subject to your compliance with these Terms, GigReal grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. This license is solely for the purpose of enabling you to enjoy the benefit of the Service as provided by GigReal.

6.2 Reservation of Rights
GigReal and its licensors own all rights, title, and interest in and to the Service, including all intellectual property rights. Any unauthorized use of the Service or its content is strictly prohibited.

6.3 Feedback
If you submit suggestions or feedback regarding the Service, you agree that GigReal can use and share such feedback for any purpose without compensation or obligation to you.

7. User Content

7.1 Definition
“User Content” means any information, text, graphics, photos, or other materials uploaded or transmitted by you via the Service, including but not limited to forum posts, messages, or other communications.

7.2 Your Representations
By submitting User Content, you represent and warrant that:

You own or have the necessary licenses or permissions to use and share that User Content.
Your User Content does not and will not violate any third-party rights or any laws.

7.3 License to GigReal
You grant GigReal a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content to provide and improve the Service.

7.4 Monitoring
We reserve the right (but have no obligation) to review, remove, or modify any User Content that we, in our sole discretion, believe violates these Terms or is otherwise objectionable.

8. Prohibited Conduct

You agree not to engage in any of the following:

Illegal Activities: Using the Service for any unlawful purpose or in violation of any local, state, national, or international law.
Unauthorized Access: Attempting to hack, spam, phish, or otherwise gain unauthorized access to the Service, its servers, or networks.
Interference: Using any automated system (e.g., scraping, robots, or spiders) that sends more request messages to our servers than a human can reasonably produce in the same period.
Misrepresentation: Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
Harmful Content: Uploading or distributing viruses, malware, or any other harmful or destructive content.
Data Mining: Mining or harvesting any data or content from the Service in violation of these Terms or applicable law.

9. Fees and Payments

9.1 Subscription Fees

Certain features of the Service may require payment of subscription fees. Subscriptions for the Service are offered exclusively through Apple’s in-app purchase system (the “Subscription”). By purchasing a Subscription, you:

Agree to pay all applicable fees in accordance with the pricing, payment, and billing terms presented to you for that Subscription at the time of purchase.
Acknowledge that GigReal does not collect or process your payment information directly; any billing and refund requests must be directed to Apple, as Apple is the entity processing your payment.
Understand that all fees are non-refundable, except where required by law or explicitly stated otherwise by GigReal or Apple’s policies.

9.2 Auto-Renewal

Renewal Terms. By default, Subscriptions auto-renew at the end of each billing cycle (e.g., monthly, annually) unless you cancel your Subscription.
Payment Authorization. You authorize Apple to charge the payment method associated with your Apple ID at the start of each renewal term for the Subscription fee then in effect.
Cancellation. You can manage or disable auto-renewal at any time by accessing your Apple account settings. You must do so at least 24 hours before the end of the current subscription period to avoid being charged for the next period.
Effective Date of Cancellation. If you cancel a Subscription, the cancellation will take effect after the current billing cycle ends; you will continue to have access to the paid features until the expiration of the then-current cycle.

9.3 Refunds

Apple’s Refund Policy. Because all Subscription transactions are processed through Apple, any refund requests must be made to Apple in accordance with Apple’s refund policies.
No Prorated Refunds. Unless otherwise required by law or permitted by Apple’s refund policies, no prorated refunds will be provided for cancellations made during an active subscription period.

9.4 Future Price Changes

GigReal reserves the right to change subscription prices for future billing cycles. If a price change occurs, GigReal (or Apple, on GigReal’s behalf) will notify you in advance. Your continued use of the Service after any price change becomes effective constitutes your agreement to pay the new price unless you cancel your Subscription according to the process described above.

9.5 Taxes

You are responsible for any applicable taxes (e.g., sales, use, value-added, etc.) that may be imposed on your Subscription and/or in-app purchases, unless otherwise stated at the time of purchase. Apple may collect and remit taxes as required by applicable law.

10. Term and Termination

10.1 Term
These Terms remain in effect until terminated as set forth herein.

10.2 Termination by You
You may terminate these Terms by discontinuing use of the Service and closing your account, if applicable.

10.3 Termination by GigReal
We may terminate or suspend your access to the Service at any time, with or without notice, if we believe you have violated these Terms, any applicable law, or for any other reason at our sole discretion.

10.4 Effect of Termination
Upon termination of these Terms, your right to access and use the Service immediately ceases. Any licenses granted to you hereunder will terminate, and you agree that we have no liability to you for any termination. Provisions that by their nature should survive termination of these Terms shall survive.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING ALL CONTENT, USER CONTENT, INFORMATION, TOOLS, AND FUNCTIONALITY) IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GIGREAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, secure, or error-free.
We do not guarantee the accuracy, reliability, or timeliness of any information provided through the Service.
We are not responsible for any errors or omissions, or for any damage arising from the use of the Service or any content posted on the Service.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GIGREAL (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATED TO:

YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
ANY OTHER MATTER RELATING TO THE SERVICE.

IN NO EVENT SHALL GIGREAL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE LESSER OF:

(A) THE TOTAL AMOUNT PAID BY YOU TO GIGREAL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR
(B) ONE HUNDRED U.S. DOLLARS (US $100).

IF YOU HAVE NOT PAID ANY AMOUNTS TO GIGREAL DURING THAT TIME PERIOD, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USE OF THE SERVICE.

13. Indemnification

You agree to defend, indemnify, and hold harmless GigReal and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including attorneys’ fees) arising out of or related to:

Your use of and access to the Service;
Your violation of these Terms or any law;
Your violation of any third-party right, including any intellectual property right or privacy right; or
Any claim that your User Content caused damage to a third party.

14. Dispute Resolution; Arbitration

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to its conflict of laws principles.

14.2 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or in connection with these Terms or your use of the Service (excluding claims for injunctive or other equitable relief as provided in Section 14.4) shall be settled by binding arbitration. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules (or the Consumer Arbitration Rules if applicable). The arbitration shall take place in Middlesex County, New Jersey, or such other location as the parties may mutually agree in writing. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

14.3 Class Action Waiver

You agree to resolve any disputes with GigReal on an individual basis. You hereby waive the right to participate in or bring a class, collective, or representative action against GigReal, whether as a named plaintiff or class member, and no arbitration shall be joined with another arbitration. If a court of competent jurisdiction finds that this Class Action Waiver is unenforceable, then the entirety of this Section 14 (other than this sentence) shall be null and void as to the specific dispute in question.

14.4 Injunctive Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any state or federal court located in Middlesex County, New Jersey, to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or other proprietary rights. You hereby consent to the exclusive jurisdiction of such courts and waive any objections to personal jurisdiction or venue in those courts.

15. Copyright Policy (DMCA)

If you believe content on the Service infringes your copyright, please see our DMCA Notice and Takedown Policy (or contact us at support@gigrealapp.com) for instructions on how to request the removal of such content.

16. Modifications and Updates to the Service

GigReal reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GigReal will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

17. Additional Terms for Apple iOS App

17.1 Acknowledgment
These Terms are solely between you and GigReal, not Apple, and Apple is not responsible for the App or its content.

17.2 Scope of License
Your license to use the iOS App is limited to a non-transferable license to use the App on an Apple-branded device running iOS.

17.3 Maintenance and Support
Apple has no obligation to furnish any maintenance or support services for the App.

17.4 Warranty
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever.

17.5 Product Claims
Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of the App, including but not limited to:
(i) product liability claims;
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.

17.6 Third-Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to the App, and that Apple has the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary.

18. Privacy Policy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please read our Privacy Policy carefully before using the Service.

19. General Provisions

19.1 Entire Agreement
These Terms, together with any other legal notices or policies referenced herein, constitute the entire agreement between you and GigReal and supersede all prior agreements or understandings relating to the Service.

19.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

19.3 No Waiver
The failure of GigReal to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

19.4 Assignment
You may not assign or transfer these Terms or any rights or obligations herein without GigReal’s prior written consent. We may assign these Terms freely and without notice.

19.5 Contact Information
If you have any questions or concerns regarding these Terms or the Service, please contact us at:

Email: support@gigrealapp.com

20. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

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