Terms of Service
These Terms of Service ("Terms") are an agreement between you and GigTally, LLC ("GigTally", "we", "us"), a Florida limited liability company. They cover your use of gigtally.com, the GigTally app, the client portal, subscriber websites and digital business cards, connected devices, and any other GigTally service (together, the "Service"). By creating an account, signing in (including with Google) or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Service.
1. The agreements that apply
These Terms apply to everyone who uses the Service. If you subscribe to a plan, the GigTally Software Subscription Agreement you accept when you sign up also applies. If these Terms and the Subscription Agreement conflict, the Subscription Agreement controls for your subscription. Some features may have additional terms, which we will show you before you use them.
2. Who can use GigTally
You must be at least 18 years old and able to enter into a binding contract. If you use GigTally for a business or other organisation, you confirm that you are authorised to accept these Terms on its behalf, and "you" includes that organisation.
3. Your account
- Give us accurate information and keep it up to date.
- Keep your password and any device you approve for two-step verification secure. Don't share your sign-in with anyone. Add team members as their own users instead.
- If you sign in with Google, your Google account is a way into your GigTally account. Keep it secure too.
- You are responsible for everything that happens under your account, including the actions of team members, agents and anyone else you give access to.
- Tell us right away at support@gigtally.com if you think someone has accessed your account without permission.
4. Plans, billing and cancellation
- Plans: GigTally offers a free plan and paid plans. The features and price of each plan are shown when you choose it. Prices are in US dollars, and you are responsible for any applicable taxes.
- Automatic renewal: paid plans renew automatically at the end of each billing period, and we charge your payment method on file until you cancel.
- Cancelling: you can cancel a paid plan in your account settings. Cancellation takes effect at the end of your current billing period, and your account then moves to the free plan, so you keep access to your account. [The 2022 Subscription Agreement asks for 30 days' notice before renewal. Confirm which rule applies]
- Refunds: fees are not refundable, and we don't give refunds or credits for partial billing periods, downgrades or unused features, except where the law requires it.
- Price changes: we may change plan prices. We will tell you at least 30 days in advance, and the new price applies from your next renewal after that notice. If you don't agree, you can cancel before it takes effect.
- Failed payments: if a payment fails, we may retry it, and may suspend paid features or move your account to the free plan until it is paid.
- Payment processors: payments are handled by our processors (currently Square and PayPal), and their terms also apply. You confirm you are authorised to use the payment method you provide.
5. Your content
You own the information, files and other content you put into GigTally ("Your Content"). You give GigTally a limited, worldwide licence to host, store, copy, process, display and transmit Your Content only as needed to provide and improve the Service for you, including sharing it with the people you choose and with our service providers. This licence ends when Your Content is deleted from the Service, apart from copies in backups that we remove on our normal cycle.
You are responsible for Your Content and confirm that you have the rights needed to use it in GigTally. Keep your own copies of anything important. You can export your information, and you should do so before cancelling or closing your account.
6. Information about other people
When you store information about your clients, team, talent, venues or other people in GigTally, you are responsible for collecting and using it lawfully. In particular:
- Have a lawful basis, and any notice or consent required, for the personal information you add.
- Only send emails and text messages through GigTally to people who have agreed to receive them, and follow anti-spam and telemarketing laws (such as the CAN-SPAM Act and the Telephone Consumer Protection Act). Honour opt-out requests.
- Don't store sensitive information that the Service isn't designed for, such as full payment card numbers, Social Security numbers or health records, unless a feature is specifically built for it.
GigTally processes that information on your behalf, as described in our Privacy Policy.
7. Acceptable use
You agree not to:
- use the Service for anything illegal, or to manage jobs, goods or services that are not legal;
- upload or send content that is threatening, harassing, hateful, defamatory, obscene or pornographic, or that infringes someone else's rights;
- send spam, phishing or unsolicited bulk messages;
- upload malware, or try to break into, probe, overload or disrupt the Service or other users' accounts;
- copy, resell or sublicense the Service, or reverse engineer it, except where the law allows this despite this restriction;
- scrape the Service or access it by automated means except through features we provide for that; or
- pretend to be someone else, or misrepresent your connection to a person or business.
8. Specific features
- Websites, business cards and shared links: content you publish on a subscriber website, digital business card or shared link is public to anyone with the address. You are responsible for what you publish.
- Client portal and team access: you control who you invite and what they can see, and you are responsible for their use of your account.
- Documents and e-signatures: GigTally provides tools to prepare and sign documents. You are responsible for the content of your documents and for making sure electronic signatures are suitable for your purpose and jurisdiction. GigTally doesn't give legal advice.
- Payroll, tax and financial reports: these are tools to help you keep records. They are not tax, accounting or legal advice. Check the results, and talk to a qualified professional where needed.
- Payments from your clients: if you take payments through GigTally, you contract with the payment processor directly. You are responsible for your prices, refunds and disputes with your clients.
- AI-assisted features: results produced by AI may be inaccurate or unsuitable. Review them before you rely on or publish them. Don't submit content you don't have the right to use.
- Connected devices and software updates: GigTally devices may download updates automatically. Use them only as intended, and don't tamper with the device software.
- Marketplace apps: apps and templates in the marketplace may be provided by GigTally or by others, and may have their own terms.
9. Third-party services
The Service works with services we don't control, such as Google, Square, PayPal, Twilio, Zoom and partner sites like BoothAnywhere. Your use of those services is governed by their terms, and GigTally isn't responsible for them. If you connect one to GigTally, you allow us to exchange information with it as needed to provide the feature.
10. GigTally's property
The Service, including its software, design, logos and the GigTally name, belongs to GigTally and its licensors and is protected by intellectual property laws. These Terms give you the right to use the Service, not ownership of it. If you send us feedback or suggestions, we may use them without any obligation to you.
11. Changes and availability
We are always improving GigTally, so we may add, change or remove features. We aim to keep the Service available but can't promise it will always be uninterrupted or error-free. Maintenance, updates and events outside our control can cause downtime. If we remove a major feature of a paid plan, we will tell you in advance.
12. Suspension and termination
You can stop using the Service and ask us to close your account at any time. We may suspend or close your account, or remove content, if you seriously or repeatedly break these Terms, don't pay, create risk or legal exposure for GigTally or others, or if the law requires it. Where reasonable, we will tell you first and give you a chance to fix the problem and export your information. Sections 5 (the last paragraph), 10 and 13 to 17 continue to apply after your account closes.
13. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, GIGTALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT DATA WILL NEVER BE LOST.
14. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, GIGTALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. GIGTALLY'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID GIGTALLY IN THE 12 MONTHS BEFORE THE CLAIM AND US$100. Some places don't allow these limits, so they may not all apply to you.
15. Indemnity
You agree to defend and indemnify GigTally, and its owners, employees and agents, against claims, losses and costs (including reasonable attorneys' fees) arising from Your Content, your use of the Service, or your breach of these Terms or the law, including claims by your clients, team or the people whose information you store.
16. Disputes and governing law
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. If a dispute arises, please contact us first so we can try to resolve it informally. If we can't resolve it within 30 days, the dispute will go to mediation with a Florida Supreme Court certified mediator in Broward County, Florida. If mediation doesn't resolve it, the dispute will be settled by binding arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator, in Broward County, Florida, and judgment on the award may be entered in any court with jurisdiction. [Lawyer to confirm: class-action waiver, small-claims option, and consumer arbitration rules for free and individual users] Either party may ask a court for urgent relief to protect its intellectual property or stop misuse of the Service.
17. General
- Changes to these Terms: we may update these Terms. If a change is significant, we will tell you by email or in GigTally at least 30 days before it takes effect. If you keep using the Service after that, you accept the new Terms.
- Notices: we may send you notices by email to the address on your account or in the Service. You agree to receive agreements, notices and records electronically.
- Assignment: you may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
- Entire agreement: these Terms, the Privacy Policy and, for subscribers, the Subscription Agreement are the entire agreement between you and GigTally about the Service.
- Severability and waiver: if a court finds part of these Terms unenforceable, the rest still applies. If we don't enforce a term right away, we haven't given up the right to enforce it later.
- Events outside our control: we aren't responsible for delays or failures caused by events beyond our reasonable control.
18. Contact us
GigTally, LLC
[Street address]
[City], Florida [ZIP]
Email: support@gigtally.com