Terms of Service

1. Acceptance of Terms

Welcome to GigaConnect. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and GigaConnect Inc. ("Company," "we," "us," or "our") governing your access to and use of the GigaConnect platform, including our website at gigaconnect.com, mobile applications, application programming interfaces (APIs), and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following any updates to these Terms constitutes acceptance of the revised Terms.

2. Definitions

The following definitions apply throughout these Terms:

• "User" refers to any individual or entity that accesses or uses the Service, including Clients, Freelancers, and Hybrid users.
• "Client" (or "Employer") refers to a User who posts jobs, hires Freelancers, or purchases services or digital products through the platform.
• "Freelancer" refers to a User who offers services, submits proposals, performs work, or sells digital products through the platform.
• "Hybrid User" refers to a User who acts as both a Client and a Freelancer on the platform.
• "Contract" refers to a binding agreement between a Client and a Freelancer for the performance of services, which may be fixed-price, hourly, or milestone-based.
• "Escrow" refers to the payment protection system in which funds are held by GigaConnect until agreed-upon conditions for release are met.
• "Milestone" refers to a defined phase or deliverable within a Contract, associated with a specific payment amount.
• "Content" refers to text, images, videos, files, code, portfolio items, reviews, posts, and any other materials uploaded to or generated on the platform.
• "Product" refers to a digital product or productized service listed on the GigaConnect marketplace.
• "Service Fee" refers to the commission charged by GigaConnect on transactions processed through the platform.

3. Account Registration & Eligibility

3.1 Age Requirement

You must be at least eighteen (18) years of age to create an account and use the Service. By registering, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms in your jurisdiction.

3.2 Account Information

You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials, including your password and any multi-factor authentication (MFA) tokens. You are solely responsible for all activities that occur under your account.

3.3 One Account Policy

Each User may maintain only one active account. Creating multiple accounts to circumvent platform policies, evade restrictions, manipulate reviews, or exploit promotional offers is strictly prohibited and may result in immediate termination of all associated accounts.

3.4 Account Verification

GigaConnect may require identity verification at any time. This may include email verification, phone verification, government-issued ID, or other methods we deem necessary. Users who complete verification may receive a "Verified" badge on their profile. GigaConnect reserves the right to suspend accounts that fail to complete verification when requested.

3.5 Account Security

You must immediately notify GigaConnect of any unauthorized use of your account or any security breach. We strongly recommend enabling two-factor authentication (MFA) on your account. GigaConnect will not be liable for any loss or damage arising from unauthorized access to your account where you have failed to maintain adequate security.

4. Platform Services Description

GigaConnect is an AI-powered freelance marketplace that connects Clients with Freelancers worldwide. The platform provides a comprehensive suite of tools and services including:

• Job Marketplace: Clients can post job listings with detailed requirements, budgets, and timelines. Freelancers can browse, search, and submit proposals for available opportunities.
• AI-Powered Matching: Our artificial intelligence engine analyzes skills, experience, preferences, and historical data to recommend optimal matches between Clients and Freelancers.
• Contract Management: Structured contracts with milestones, deliverables, time tracking, and progress management tools.
• Secure Payment Processing: Escrow-based payment system that protects both Clients and Freelancers throughout the project lifecycle.
• Real-Time Messaging: Built-in communication system with text, file sharing, code snippets, and voice message support.
• Digital Marketplace: A storefront for Freelancers to sell digital products, templates, and productized services.
• Professional Networking: A social feed for sharing updates, building connections, and engaging with the professional community.
• Reputation System: Reviews, ratings, and credibility scores that help build trust between Users.

GigaConnect acts as an intermediary platform and does not employ Freelancers. We do not guarantee the quality, safety, legality, or timely delivery of any work performed through the platform. Freelancers are independent contractors and not employees of GigaConnect.

AI-powered features, including talent matching, job recommendations, rate suggestions, and fraud detection, are provided as guidance only and do not constitute professional, legal, or financial advice.

5. User Responsibilities

All Users agree to the following general responsibilities when using the Service:

• Use the Service only for lawful purposes and in accordance with these Terms.
• Provide truthful and accurate information in profiles, proposals, job postings, and all communications.
• Communicate respectfully with other Users, maintaining a professional and courteous tone.
• Protect the confidentiality of proprietary information shared during projects.
• Comply with all applicable local, national, and international laws and regulations, including tax obligations.
• Maintain accurate and up-to-date profile information, including skills, availability, and contact details.
• Not circumvent the platform to avoid payment of Service Fees (e.g., exchanging contact information to transact outside the platform for relationships established through GigaConnect).
• Report any violations of these Terms or suspicious activity to GigaConnect promptly.

6. Freelancer Obligations

In addition to the general User responsibilities, Freelancers agree to:

• Deliver work that meets the specifications, quality standards, and deadlines agreed upon in the Contract.
• Communicate proactively with Clients regarding progress, potential delays, or scope changes.
• Submit original work unless otherwise agreed. Plagiarized, AI-generated (without disclosure), or stolen work is a violation of these Terms.
• Accurately represent skills, experience, portfolio items, and qualifications in your profile.
• Not subcontract or outsource work to third parties without the Client's explicit written consent.
• Maintain confidentiality of all project-related information shared by the Client.
• Respond to Client communications within a reasonable timeframe (generally within 24 hours on business days).
• Submit deliverables through the platform to ensure proper milestone tracking and payment processing.

7. Client Obligations

In addition to the general User responsibilities, Clients agree to:

• Provide clear, complete, and accurate project requirements, specifications, and expectations in job postings and Contracts.
• Fund escrow before work begins on any Contract or milestone.
• Review submitted deliverables and provide feedback within a reasonable timeframe (generally within 5 business days).
• Approve completed milestones promptly to release payment to the Freelancer.
• Not request work beyond the scope of the agreed Contract without corresponding amendments and additional payment.
• Communicate respectfully and constructively, providing actionable feedback rather than vague dissatisfaction.
• Comply with all applicable employment and labor laws in your jurisdiction when engaging Freelancers.
• Not request Freelancers to perform illegal, unethical, or harmful activities.

8. Fees & Payment Terms

8.1 Service Fee Structure

GigaConnect charges a tiered service fee based on the lifetime billings between a specific Client and Freelancer pair. The fee structure is as follows:

Service Fees are deducted from the Freelancer's earnings at the time of payment release. The fee tier is calculated per Client-Freelancer relationship, meaning billings with different Clients are tracked independently.

8.2 Payment Processing

All payments on GigaConnect are processed through our integrated payment infrastructure, which supports Stripe, Razorpay, and other payment providers. Clients can pay using credit/debit cards, bank transfers, UPI, or other supported payment methods. All amounts are denominated in INR unless otherwise specified.

8.3 Withdrawals

Freelancers may withdraw available funds via bank transfer, UPI, or other supported withdrawal methods. A minimum balance of ₹4,000 INR is required for withdrawal. Processing times typically range from 3 to 5 business days, depending on the selected method and your financial institution. GigaConnect is not responsible for delays caused by external payment processors or banking institutions.

8.4 Taxes

Users are solely responsible for determining, calculating, collecting, reporting, and remitting all applicable taxes related to their use of the Service. GigaConnect does not provide tax advice and is not responsible for any tax obligations arising from transactions on the platform. GigaConnect may issue tax forms (such as 1099-K in the United States) as required by applicable law.

8.5 Currency & Conversion

The primary currency on GigaConnect is INR. If transactions involve currency conversion, the applicable exchange rate will be determined by our payment processor at the time of the transaction. Any currency conversion fees charged by payment processors or banks are the responsibility of the User.

9. Escrow System & Milestone Payments

9.1 How Escrow Works

GigaConnect's escrow system is designed to protect both Clients and Freelancers. When a Contract is created, the Client is required to fund escrow with the agreed-upon amount before work begins. Funds are held securely by GigaConnect and are not accessible to either party until the release conditions are met.

9.2 Milestone-Based Contracts

For milestone-based contracts, the project is divided into defined phases, each with specific deliverables and associated payment amounts. The workflow is as follows:

1. The Client funds escrow for one or more milestones.
2. The Freelancer begins work on the current milestone.
3. Upon completion, the Freelancer submits deliverables through the platform.
4. The Client reviews the deliverables and either approves the milestone or requests revisions.
5. Upon approval, funds for that milestone are released to the Freelancer (less the applicable Service Fee).

9.3 Hourly Contracts

For hourly contracts, Freelancers log time entries through the platform. Clients are billed based on the agreed-upon hourly rate and the verified hours worked. Payment is processed on a weekly or bi-weekly billing cycle, as specified in the Contract.

9.4 Fixed-Price Contracts

For fixed-price contracts, the Client funds the total agreed amount into escrow. The full payment is released upon successful completion and approval of the project deliverables.

9.5 Auto-Approval

If a Client does not review submitted deliverables within fourteen (14) days of submission, the milestone will be automatically approved and funds will be released to the Freelancer. This ensures Freelancers are not indefinitely delayed in receiving payment for completed work.

10. Intellectual Property Rights

10.1 Work Product Ownership

Unless otherwise explicitly agreed in a Contract, all intellectual property rights in work product created by a Freelancer in the course of performing a Contract shall be transferred to and owned by the Client upon full payment of the associated fees. This includes, but is not limited to, copyright, design rights, and any proprietary methodologies developed specifically for the project.

10.2 Pre-Existing IP

Freelancers retain all rights in their pre-existing intellectual property, tools, frameworks, and general skills that were not created specifically for the Client's project. If pre-existing IP is incorporated into work product, the Client receives a perpetual, non-exclusive license to use that pre-existing IP as part of the delivered work product.

10.3 Portfolio Rights

Freelancers retain the right to display completed work in their GigaConnect portfolio and professional profiles for self-promotional purposes, unless the Contract includes a non-disclosure agreement (NDA) or confidentiality clause that explicitly prohibits such display.

10.4 GigaConnect Platform IP

GigaConnect and its licensors retain all rights, title, and interest in and to the Service, including its software, design, code, algorithms, trademarks, logos, and proprietary content. No rights to GigaConnect's intellectual property are granted to Users except as expressly provided in these Terms.

11. Content Ownership & Licensing

11.1 User Content

You retain ownership of Content you upload to the platform, such as profile information, portfolio items, posts, comments, and reviews. By uploading Content to GigaConnect, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content solely for the purpose of operating and providing the Service.

11.2 Content Standards

You represent and warrant that all Content you upload: (a) does not infringe the intellectual property or proprietary rights of any third party; (b) does not contain unlawful, defamatory, harassing, abusive, or otherwise objectionable material; (c) does not contain malware, viruses, or other harmful code; and (d) complies with all applicable laws and regulations.

11.3 Content Removal

GigaConnect reserves the right to remove any Content that violates these Terms, applicable law, or our community standards, without prior notice. We may also remove Content in response to valid legal requests, including DMCA takedown notices.

12. Dispute Resolution Process

12.1 Direct Resolution

In the event of a dispute between a Client and a Freelancer, both parties are encouraged to first attempt to resolve the matter directly through the platform's messaging system. GigaConnect provides structured communication tools to facilitate productive discussions between disputing parties.

12.2 Mediation

If direct resolution fails, either party may file a formal dispute through GigaConnect's Dispute Resolution Center within thirty (30) days of the event giving rise to the dispute. Upon filing, the following process applies:

1. Both parties receive notification and are given seven (7) days to submit evidence, including screenshots, files, communications, and written statements.
2. A GigaConnect dispute mediator reviews all submitted evidence.
3. The mediator may request additional information or clarification from either party.
4. A decision is rendered within fourteen (14) business days of the evidence submission deadline.
5. The decision is final with respect to the release of escrowed funds.

12.3 Scope of Dispute Resolution

GigaConnect's dispute resolution process covers disputes related to the quality or delivery of work, milestone approvals, and the release of escrowed funds. GigaConnect's liability in any dispute is limited to the funds currently held in escrow for the relevant Contract.

12.4 Binding Arbitration

For disputes between Users and GigaConnect (not between Users), both parties agree to resolve such disputes through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). You agree to waive any right to participate in a class-action lawsuit or class-wide arbitration.

13. Refund & Cancellation Policy

13.1 Contract Cancellation

Either the Client or the Freelancer may request cancellation of a Contract. Cancellation requires mutual agreement unless a dispute is filed. If both parties agree to cancellation, escrowed funds are returned as follows:

• Unfunded milestones: No action required.
• Funded but unstarted milestones: Full refund to Client.
• Partially completed milestones: Refund determined through mutual agreement or dispute resolution.
• Completed and approved milestones: No refund (payment already released).

13.2 Product Purchases

For digital products purchased through the marketplace, refunds may be requested within seven (7) days of purchase if the product does not match its description or is materially defective. Refund requests are reviewed on a case-by-case basis. No refunds are issued for products that have been downloaded and used as intended.

13.3 Service Fee Refunds

Service Fees are generally non-refundable. In cases where GigaConnect's dispute resolution process results in a full refund to the Client, the corresponding Service Fees will also be reversed.

14. Privacy & Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

GigaConnect is committed to compliance with applicable data protection regulations, including the General Data Protection Regulation (GDPR) for users in the European Economic Area and the California Consumer Privacy Act (CCPA) for California residents. For detailed information about your data rights, please review our Privacy Policy and Cookie Policy.

15. Prohibited Activities

The following activities are strictly prohibited on GigaConnect. Engaging in any of these activities may result in immediate account suspension or termination:

15.1 Fraud & Deception

• Providing false, misleading, or inaccurate information in profiles, proposals, or job postings.
• Impersonating another person or entity, or misrepresenting your affiliation with a person or entity.
• Creating fake accounts, fake reviews, or engaging in click fraud.
• Manipulating the platform's reputation system through shill reviews or coordinated review schemes.
• Using stolen payment methods or engaging in payment fraud.

15.2 Spam & Abuse

• Sending unsolicited commercial messages, promotional material, or spam to other Users.
• Using automated bots, scripts, or other automated means to access or interact with the Service.
• Flooding, overloading, or otherwise interfering with the normal operation of the platform.
• Harvesting or collecting email addresses or other contact information of Users.

15.3 Discrimination & Harassment

• Discriminating against any User based on race, ethnicity, religion, gender, sexual orientation, disability, age, or any other protected characteristic.
• Engaging in harassment, bullying, threats, intimidation, or abusive behavior toward any User.
• Posting hate speech, violent content, or content that promotes discrimination.

15.4 Platform Circumvention

• Exchanging contact information with the intent to circumvent GigaConnect's payment system for relationships established through the platform.
• Encouraging or facilitating payment outside the platform to avoid Service Fees.
• Using the platform solely to recruit Users for external transactions.

15.5 Security Violations

• Attempting to gain unauthorized access to other Users' accounts, computer systems, or networks.
• Uploading or distributing malware, viruses, trojans, or other malicious code.
• Attempting to probe, scan, or test the vulnerability of the Service or circumvent security measures.
• Scraping, data mining, or otherwise extracting data from the Service without authorization.

15.6 Illegal Activities

• Using the Service for any illegal purpose or in violation of any applicable laws.
• Money laundering, terrorist financing, or other financial crimes.
• Soliciting or performing work that violates intellectual property laws, including copyright infringement.

16. Account Termination & Suspension

16.1 Voluntary Termination

You may deactivate your account at any time through your account settings or by contacting our support team. Before deactivation, you must complete or cancel all active Contracts and withdraw any available funds. Account deactivation does not relieve you of obligations under existing Contracts.

16.2 Suspension by GigaConnect

GigaConnect may suspend your account temporarily if we detect suspicious activity, potential policy violations, or security concerns. During suspension, you will be unable to access the Service, and any active Contracts may be paused. We will notify you of the suspension and provide an opportunity to address the concerns.

16.3 Termination by GigaConnect

GigaConnect may permanently terminate your account for material violations of these Terms, repeated policy violations, fraudulent activity, or any other reason at our sole discretion with reasonable notice. Upon termination:

• Your right to use the Service ceases immediately.
• Active Contracts will be handled through the dispute resolution process.
• Available funds will be processed according to standard withdrawal procedures, subject to any holds related to pending disputes.
• Your profile and Content may be retained for a reasonable period to fulfill legal obligations and resolve disputes.

16.4 Survival

Sections of these Terms that by their nature should survive termination shall remain in effect, including but not limited to intellectual property provisions, limitation of liability, indemnification, and dispute resolution.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIGACONNECT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF GIGACONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GIGACONNECT'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO GIGACONNECT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) EIGHT THOUSAND RUPEES (₹8,000 INR).

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GIGACONNECT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

18. Indemnification

You agree to indemnify, defend, and hold harmless GigaConnect Inc., its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

• Your use of or access to the Service.
• Your violation of these Terms.
• Your violation of any applicable law, regulation, or third-party right.
• Any Content you upload, post, or transmit through the Service.
• Any work product or services you provide through the platform (if you are a Freelancer).
• Any dispute between you and another User.
• Your failure to pay applicable taxes related to income earned or payments made through the platform.

GigaConnect reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate fully with GigaConnect in asserting any available defenses.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms (other than those subject to binding arbitration) shall be brought exclusively in the federal or state courts located in Wilmington, Delaware, and you consent to the personal jurisdiction and venue of such courts.

Notwithstanding the foregoing, nothing in these Terms shall prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction for the protection of its intellectual property rights.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The failure of GigaConnect to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Modifications to Terms

GigaConnect reserves the right to modify, update, or replace these Terms at any time. We will provide notice of material changes by:

• Posting a prominent notice on the platform at least thirty (30) days before the changes take effect.
• Sending an email notification to the address associated with your account.
• Updating the "Last updated" date at the top of this page.

Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and close your account before the effective date.

For changes that materially affect your rights or obligations, we will provide at least thirty (30) days' notice. Non-material changes, such as corrections of typographical errors, may take effect immediately upon posting.

21. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us through the following channels: