1. Our Service

1.1 Eligibility

This is a contract between you and Gigs. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Gigs, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 years of age is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Gigs.

1.2 Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Gigs reserves all rights not expressly granted herein in the Service and the Gigs Content (as defined below). Gigs may terminate this license at any time for any reason or no reason.

1.3 User Accounts

Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Gigs with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Gigs immediately of any breach of security or unauthorized use of your User Account. Gigs will not be liable for any losses caused by any unauthorized use of your User Account.

You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Gigs your email address you consent to using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such other email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

1.4 Service Rules

You agree to only use any materials provided by Gigs in connection with the Service (including SIM cards) in accordance with the purposes for which they are provided, and in compliance with the plan that you book and the type of device you use in connection with the Service. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Gigs servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Gigs grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

1.5 Changes to the Service

This provision is subject to requirements and limitations imposed by applicable law and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE T&Cs, OUR SERVICES, DISCOUNTS, TECHNOLOGIES (INCLUDING CHANGES TO OUR NETWORK THAT MAY IMPACT YOUR DEVICE’S COMPATIBILITY), COVERAGE, OR ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES OR MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON THE GIGS WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE T&Cs ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK THE GIGS WEBSITE FOR THE MOST CURRENT VERSION. IF WE CHANGE THE SERVICE FEE APPLICABLE TO YOUR SERVICE PLAN, YOU WILL HAVE UNTIL THE END OF THE NEXT BILLING CYCLE FROM THE DATE WE POST OR NOTIFY YOU OF THE REVISED SERVICE FEE TO TERMINATE YOUR SERVICE PLAN BY MANAGING YOUR ACCOUNT PREFERENCES IN YOUR ACCOUNT. ANY INCREASE IN TAXES, REGULATORY FEES OR ASSESSMENTS WILL NOT BE CONSIDERED AN INCREASE IN ANY SERVICE FEE AND WILL NOT ENTITLE YOU TO EXERCISE THE FOREGOING CANCELLATION RIGHT. WE ARE NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY (INCLUDING THE NETWORK) THAT CAUSE YOUR DEVICE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.

Compatible Devices

You must use a supported, compatible Device to access the Gigs Service via the selected network. Only certain smartwatches, phones and tablet computers are supported Devices. Gigs will provide you with a list of supported Devices upon your request. Supported Devices may include Devices that do not permit use of an eSIM. Modems, bypass, gateways, automated relay devices and any other Devices used for commercial or re-direction purposes are not supported Devices and violate our Acceptable Use Policy. Failure to use a supported, compatible Device when accessing our network will result in immediate termination of your Service.

Service Availability

Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality.

Important Emergency and 9-1-1 Information and Emergency Alerts. When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. Gigs is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We or our network supplier may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our network supplier’s wireless network, the street address you have provided us as your primary use location (“Address”), or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 9-1-1 call and neither Gigs nor its network supplier determines the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. If you are porting a phone number to us, it is your obligation and responsibility to make certain that all information forwarded from the port out carrier is accurate and complete. If you dial 9-1-1 while outside the U.S., 9-1-1 services may not be available.

1.6 Disputes with Other Users

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Gigs shall have no liability for your interactions with other Users, or for any User’s action or inaction.

1.7 Service Location

Gigs makes no representations that the Service is appropriate or available for use in locations other than those stated in service coverage section of your service plan. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Service Plan

1.8 General.

Your Service will operate only after you have purchased and redeemed a Service Plan.

1.9 Charges.

You agree to pay all charges we bill you or that were accepted or processed through your Device. All Service Plan durations are displayed during the checkout process and are measured on 30-day and/or 31-day cycles or as otherwise may be set forth in your Service Plan, assuming 365 days total. We automatically deduct payments in advance of activating your Service Plan through the method of payment on your account. Automatic payments for plans will continue until you cancel. The recurring charge may vary if you change your plan or we change our prices, following notice to you. You agree to provide us with accurate and complete billing information and to immediately report to us all changes to your billing information.

1.10 Voice Usage.

Service Plans can include a voice plan as part of your Service. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time our network supplier begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up) and the network disconnects.

1.11 Data Usage and Messaging.

Service Plans include a data plan (“Data Plan”) as part of your Service. Data usage is rounded up to the next full-megabyte increment at the end of each data session. Your data usage includes, among other things, text, web browsing, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages. All data purchased through a Service Plan (both data that comes with a particular Service Plan and any additional data you purchase as an add-on), will expire immediately upon termination of your Service Plan for any reason.

1.12 Permissible and Prohibited Uses.

If your plan is intended for smartphone use, then your Data Plan is intended for Web browsing, messaging, and similar activities on your Device and not on any other equipment. Other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, may be permitted under your Data Plan, but are also subject to our Acceptable Use Policy (see Section 2).

1.13 Data Usage Level.

Gigs has set a monthly (30-day or 31-day, depending on the plan purchased; see above for explanation of monthly cycles) 5G and/or 4G LTE, 3G data usage level (“Usage Level”) for each of the Service Plans. 5G and/or 4G LTE access requires a capable device and SIM within an appropriate coverage area. Actual availability, speed, and coverage may vary. Our network supplier measures your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable 30-day or 31-day period (“Usage Total”), exceeds the 30-day or 31-day Usage Level for the Service plan you selected, at which point you may be unable to send and receive data over the providers network until the end of the applicable 30-day or 31-day period. Partial megabytes are rounded up. Please note that “Actual Usage” includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as network overhead. For example, if you request that an image be downloaded to your Device or your Mobile HotSpot (tethering), but travel outside of your network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded to your Device. If you purchased an Unlimited Service plan for a wearable device and you exceed your Service plan’s 30-day or 31-day Usage Level determined appropriate by our Partners and/ or our Acceptable Use Policy, Gigs or its network supplier will reduce the speed at which you can send and receive data until the end of the applicable 30-day or 31-day period. If you purchased an Unlimited Service plan for a mobile phone and you exceed your Service plan’s 30-day or 31-day of 35 GB of 5G and/or 4G LTE data, Gigs or its network supplier will reduce the speed at which you can send and receive data until the end of the applicable 30-day or 31-day period. Certain data-intensive activities including online gaming, file downloads/uploads, and video streaming, may be limited and/or inaccessible on network after data is reduced after 35 GB on Unlimited Service Plan. For all Service Plans, Gigs network suppliers may also reduce speeds during times of network congestion. Once you begin a new 30-day or 31-day period in your Service plan, your Service plan Usage Level will be reset and your upload and download speeds will be restored, subject to all limitations listed in these T&Cs (including, but not limited to, to the Data Usage Level limitations listed herein, 5G and/or 4G LTE network availability, a capable device and SIM within an appropriate coverage area, and the actual network speeds of Gigs network supplier). Please be aware that your Usage Level is much more likely to exceed your Service plan’s 30-day Usage Level if you use streaming video, a Mobile HotSpot (tethering), or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.

1.14 Protective Measures.

To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we or our network supplier may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we or our network supplier may suspend, terminate, or restrict your data session, prioritize on-Device over Mobile HotSpot (tethering) traffic. We or our network supplier also manage the network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we or our network supplier may implement other network management practices, such as caching less data, using less capacity, sizing video more appropriately for a Device to transmit data files more efficiently, and deploying streaming video optimization technology. Streaming video optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it, however, we or our network supplier may prioritize on-Device data over Mobile HotSpot (tethering) data. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on your Device. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by us on the basis of such competition.

1.15 Wi-Fi Features.

Gigs, at its sole discretion, may make available Wi-Fi voice and text messaging services, i.e., the ability to originate and terminate calls and text messages over a Wi-Fi connection (“Wi-Fi Calling). If offered by Gigs, Wi-Fi Calling will only be available for Gigs customers that (i) have a Wi-Fi capable Device with Gigs supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account, (iii) have a compatible SIM card or eSIM, and (iv) are connected to functioning third-party internet service. Not all services available on Gigs‘ network supplier’s network are available while using Wi-Fi Calling. For example, emergency alerts may not be available with Wi-Fi Calling. You understand and acknowledge that calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than traditional 9-1-1. Solely by way of example, and without limiting any of the disclosures contained in our 9-1-1 disclosure, 9-1-1 may not work during power or internet outages or disruptions, or if internet or your Service is suspended, when attempting to call 9-1-1 via Wi-Fi Calling from any location. In addition, emergency personnel may not be able to identify your phone number to call you back, and 9-1-1 calls may otherwise be delayed or dropped due to network architecture, when dialing 9-1-1 via Wi-Fi Calling, regardless of your location. In addition, if Gigs makes Wi-Fi Calling available to you, you must provide us with the primary street address at which you will use Wi-Fi Calling (the “Registered Address”). If your Registered Address changes, either temporarily or permanently (e.g., when using Wi-Fi Calling at any other location), you must promptly update your Registered Address with Gigs. You may provide our partners with your Registered Address, or update your Registered Address by updating your Registered Address within the applicable settings inside your Gigs account or inside our Partners Gigs interface. If you do not provide us with an accurate Registered Address and update it promptly for any and all changes in your location as described above, we or our network supplier may block your usage of certain Wi-Fi Networks. You also understand and acknowledge that if you attempt to dial 9-1-1 via Wi-Fi Calling from any location other than your Registered Address, emergency personnel may not be able to identify your location, your 9-1-1 call may not complete, and/or your 9-1-1 call may be routed to emergency personnel in a different location. You understand and acknowledge that it may take up to 2 hours for changes in address to be updated, and you should notify our Partner in advance of any temporary or permanent changes to your primary address as described above. NEITHER GIGS NOR ITS PARTNERS OR NETWORK SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR ANYTHING RELATED TO YOUR USE OF OR INABILITY TO USE ANY WI-FI CALLING MADE AVAILABLE TO YOU, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF EMERGENCY CALLS (WHETHER 9-1-1 CALLS OR OTHERWISE). Wi-Fi Calling may decrement Service plan minutes. Most devices will not transition between Wi-Fi and the wireless network. Devices using wireless connections may be vulnerable to unauthorized attempts to access data and software stored on the Device.

1.16 Downloadable Content and Applications.

Content or applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively, “Content & Apps”) that you can purchase with your Device are not sold by Gigs or Partner. Gigs or Partner is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps may be directed to the third party seller. When you use, download or install Content & Apps sold by a third-party seller, you may be subject to license terms, terms of use, a privacy policy and/or other policies between you and that third party. Content & Apps you purchase from third parties are licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional charges, for example, while roaming internationally. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. Gigs is not responsible for any third-party content, advertisements, or websites you may be able to access using your Device.

1.17 Use of Information.

If you visit any third-party website or app store, or download or use any Content & Apps, the third party may access, collect, use or disclose your personal information or require the network carrier to disclose your information, including location information (when applicable) to the Content & Apps provider or some other third party. If you access or use any Content & Apps through the Service, you agree and authorize Gigs, Partner and its network supplier to provide information related to such use. You understand that your use of a third-party app is subject to the third party’s terms and conditions and policies, including its privacy policy. Please refer to the Content & Apps creator/owner’s privacy policy for information regarding their use of information collected when you download, install, or use any third-party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.

1.18 Roaming.

Your Device may connect to another provider’s network (“Roaming”) even when you are within the Gigs coverage area. Before connecting to another provider’s network you need to check your Service Plan has roaming enabled and if not check the plans made available to you by our Partner to purchase such an add-on. Check your Device to determine if you are Roaming. Should roaming be enabled there may be extra charges (including long distance, tolls, data usage) and additional rates for Roaming usage, and your quality and availability of service may vary significantly. Our Roaming charges and rates are subject to change at any time and any such changes are effective immediately after the posting of same to the Gigs or Partner App or website.

1.19 eSIM.

Only available on compatible and eligible, unlocked devices. Compatible and eligible devices are subject to change. The current list of eligible devices is provided during the checkout process.

Taxes, Fees and Surcharges.

You are responsible for, and shall pay, the taxes, fees and surcharges set forth in Sections 3.1 – 3.5 below (“Taxes, Fees and Surcharges”) in connection with your Service account. Such Taxes, Fees and Surcharges will be included in your Service account charges (a) at the time you order the Service and (b) each time there are any further charges to your Service account. Payment of Taxes, Fees and Surcharges is in addition to payment for the Service and will be billed to your credit card at time of check-out.

1.20 Recovery Fee.

The Recovery Fee is assessed to help recover Gigs costs to comply with various federal and state programs, taxes and fees including, but not limited to, (i) state and federal Telecommunications Relay Service Programs, (ii) Federal Universal Service Fund Program, (iii) international, federal, state, municipal, local and/or other governmental franchise, excise, public utility and other telecommunications taxes, fees and charges now in force or enacted in the future, and (iv) other costs we incur to comply with government regulations and programs, which are not taxes or fees that local, state or federal governments require Gigs or Partner to collect.

Although added to the overall charge, the Recovery Fee is separate from the cost of Service and the Recovery Fee shall not result in the purchase of any additional Service time. We set the Recovery Fee, and the amount and what the Recovery Fee includes may change without notice.

1.21 Federal Universal Service Fund Fee.

The Federal Universal Service Fund Fee is designed to recover Gigs contribution to the Federal Universal Service Fund program. The Federal Universal Service Fund Fee is used to fund programs to increase access to advanced telecommunications services for consumers in rural areas at reasonable rates and provides federal program funding. Rate may change as determined by the Federal Communications Commission. The Universal Service Administrative Company (“USAC”) establishes a quarterly contribution factor, and Gigs charges its customers the then-applicable rate charged to Gigs by USAC.

1.22 State Universal Service Fund Fees.

The State Universal Service Fund Fee is designed to recover Gigs contribution to various state universal service fund programs. The State Universal Service Fund Fee is assessed as a percentage of intrastate revenues, gross revenues, or as a flat rate per line as set forth by the various state, county or municipal jurisdiction. Certain state agencies establish a quarterly, semi-annual or annual contribution factor, and Gigs may choose to charge its customers to recoup the state universal service fund fees charged to Gigs.

1.23 Sales and Use Taxes.

Sales and use taxes are assessed to allow Gigs to recover the cost of all federal, state, municipal, local or other governmental sales and use taxes now in force or enacted in the future, that arise as a result of your subscription to, use of, or payment for Gigs Service. To determine sales and use taxes, we will use the street address you identified as your Place of Primary Use (“PPU”). The PPU for Puerto Rico must be in Puerto Rico. If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days of our notification to you that the tax has been assessed.

1.24 9-1-1 Fees.

Each state, city, municipality, or county has specific charges that are levied for access to 9-1-1. Determination of the applicable 9-1-1 charges depends on where you purchase Gigs Service. Gigs may bill its customers for 9-1-1 charges. Any such 9-1-1 charges are a monthly recurring charge assessed on a per line basis and may appear on your monthly invoice.

2. ACCEPTABLE USE POLICY

2.1. Your Service is provided by Gigs Wireless, LLC, including its affiliates, assigns and agents (“Gigs,” “we,” “us” or “our”). Gigs reserves the right to periodically review usage levels, including voice and data usage, of Gigs Service Plan (“Service Plans”) to ensure that you are not using a Service Plan in a manner that we consider, at our sole discretion, to be in violation of this Acceptable Use Policy (“AUP”), and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. You agree to use the voice portion of your Service Plan for traditional voice calls between two individuals of a duration comparable to that of the average individual customer presently utilizing a Service Plan and will not employ methods, devices or procedures to take advantage of your Service Plan by using the plan excessively or for means not intended by Gigs. Excessive use of the voice portion of your Service Plan is defined by Gigs as use that materially exceeds the average call volume or duration used by all other Gigs customers that have purchased a Service Plan. You further agree to use the data portion of your Service Plan for traditional Web browsing, messaging, and similar activities on the Device (as defined in the Gigs Terms & Conditions), and will not employ methods, devices or procedures to take advantage of your Service Plan by using the plan excessively or for means not intended by Gigs, in violation of any of the prohibitions above or below. Gigs may terminate your Service or change your Service plan if, in its sole discretion, Gigs determines that your use of your Service Plan violates any of these prohibitions or is otherwise “unreasonable” or results in abuse of the Service Plan.

2.2. We consider your use of one of our Service Plans to be “unreasonable” or “abusive” and therefore subject to immediate termination or adjustment if, among other things, you:

• use more than the data allowance per month per device that has been purchased with your plan
• use the SIM /eSIM in a device unintended for purpose as defined by the Partner at the time of purchase
• re-sell, re-brand, re-supply, re-market or commercially exploit a Service Plan;
• set up routing functionality such that only outbound long-distance traffic is sent over the Service Plan;
• engage in any other conduct which is fraudulent or otherwise may result in significant network congestion or degradation, or interferes with our operations, reputation or ability to provide quality service to our customers, including without limitation excessive purchases (and/or attempted purchases of products and/or services relating to your Service Plan in any given month;
• engage in autodialing;
• engage in continuous, repetitive or extensive call forwarding;
• engage in continuous call session connectivity, including the use of a Service Plan for continuous mobile to mobile or mobile to landline voice calls;
• engage in telemarketing;
• use your Service Plan as a substitute or backup for private lines or dedicated data connections;
• use your Service Plan for automated text or picture messaging to another mobile device or email address;
• upload, download or stream continuous video or audio;
• “spam” or engage in other abusive or unsolicited communications, or any other mass, automated voice or data communications for commercial or marketing purposes;
• use your Service Plan in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine to machine connections, voice or SMS relay, or peer to peer (P2P) file sharing;
• use your Service Plan in connection with software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive functions (e.g., using a Service Plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices);
• use your Service Plan to relay voice calls and text or picture messages not originated from your Gigs device; or
• engage in any other activity that would be inconsistent with reasonable personal use patterns, causes network congestion or jeopardizes the integrity of Gigs’s supplier’s network.

2.3 Where the acceptable usage terms have been exceeded and we have suspended your use of the communications platform, we may ask you to make an additional payment to us in order to reinstate your use of the communications platform.

2.4 During any period of suspension, all of your obligations under these terms and conditions shall continue in full force and effect.

2.5 The service provided by Gigs may or may not include roaming services. The countries and functionality of the Service Plan are provided during the checkout process at the time of purchase.

3. Our Proprietary Rights

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Gigs Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Gigs and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Gigs Content. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Use of the Gigs Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Gigs under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Gigs does not waive any rights to use similar or related ideas previously known to Gigs, or developed by its employees, or obtained from sources other than you.

4. Paid Services

4.1 Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to our Pricing and Payment Terms set forth in your user account and/or on the checkout page, as we may update them from time to time. Gigs may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.

4.2 Automatic Renewal of Subscription Fees. IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR IN THE PLAN DETAILS WILL, FOLLOWING THE EXPIRY OF YOUR INITIAL SUBSCRIPTION PERIOD, AUTOMATICALLY RENEW FOR A PERIOD AS SET FORTH IN YOUR USER ACCOUNT AND/OR IN THE PLAN DETAILS SECTION ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED ON YOUR SETTINGS PAGE AND WILL BE EFFECTIVE IN THE BILLING PERIOD FOLLOWING THE BILLING PERIOD IN WHICH YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR SUBSCRIPTION AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Our Rights to Limit or End Service or the Agreement.

4.3 WE MAY LIMIT, THROTTLE, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY TIME AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) transfer(s) Service to another person without our consent; (c) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (d) misuses your Service; (e) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (f) are on a Service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 10XXX, 0+/0-, chat services, 900 or 976 calls), in our sole discretion and without notice.

Gigs reserves the right to cancel or deactivate your Service Plan or reduce data throughput speeds in order to protect its Partners and network supplier’s network from harm or to protect itself from financial or other harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service Plan.

Gigs reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone Gigs believes is using the Service Plan in an unauthorized manner or whose usage, in Gigs sole discretion, adversely impacts its Partners, network supplier’s network or customer service levels. Gigs will presume you are engaging in an unauthorized use in violation of these T&Cs, if in Gigs sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or data usage is harmful or disruptive to Gigs network supplier’s network or service levels or to Partners or Gigs financial or other interests. If we determine, in our sole discretion, that you are using your Service in violation of these T&Cs or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer you a different Service plan without an unlimited usage component which may result in an increased cost to you.

Gigs may discontinue providing Service Plans to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of Gigs: (i) appears likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other Gigs or Partners customers; or (ii) may be harmful or disruptive to, or interfere with, Gigs network supplier’s network, Gigs service or the ability to provide quality service to other customers. By initiating the Service Plan and placing or receiving calls, you acknowledge and agree to Gigs right to terminate your Service under these circumstances.

If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a reinstatement fee.

4.4 Payment Information; Taxes. We accept various payment methods through Stripe, including, without limitation, Mastercard, Visa, and American Express. By using our Service, you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/us/legal. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

4.5 No Refunds. You may cancel your User Account at any time; however, there are no refunds for cancellation. In the event that Gigs suspends or terminates your User Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Gigs Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or for anything else.

4.6 California Residents. The provider of services is: Gigs Wireless LLC, 2261 Market Street #4288, San Francisco, CA 94114, the United States. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

5. Security

Gigs cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Lost or Stolen Devices

You agree to notify our Partner if your Device is lost or stolen. Once you notify our Partner, they will suspend your Service. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your Service plan charges, and applicable Taxes and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and charges incurred and applicable Taxes and Surcharges. We may prevent a lost or stolen Device from registering on any network. California customers: For charges incurred before you notify us, you are not liable for charges you did not authorize, but the fact that your Device or account was used is some evidence of authorization. You may request that we investigate charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the charges were unauthorized, we will credit your account. If we determine the charges were authorized, we will inform you within thirty (30) days and you will remain responsible for the charges.

6. Third-Party Links and Information

The Service may contain links to third-party materials that are not owned or controlled by Gigs. Gigs does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and the Gigs Privacy Policy do not apply to your use of such sites. You expressly relieve Gigs from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Gigs shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

7. Indemnity

You agree to defend, indemnify and hold harmless Gigs and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

8. No Warranty

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Gigs or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Gigs, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

Further, Gigs does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Gigs will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Gigs, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Gigs be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Gigs assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Gigs, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Gigs hereunder or $50.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Gigs has been advised of the possibility of such damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

10.1 Governing Law. You agree that: (i) the Service shall be deemed solely based in Delaware; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 2 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

10.2 Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Gigs. This Section 9.2 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Gigs that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with Gigs, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement. If you are a new Gigs user, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing Gigs at [legal@gigs.com][3] with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at legal@gigs.com and attempt to resolve the dispute with us informally. In the unlikely event that Gigs has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or Delaware, unless you and Gigs agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Gigs agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

Nothing in this Section shall be deemed as: preventing Gigs from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

10.3 Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. you and Gigs agree that the arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other Gigs users. You and Gigs further agree that, by entering into this Agreement, you and Gigs are each waiving the right to a trial by jury or to bring, join, or participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member.

11. General

11.1 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gigs without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

11.2 Notification Procedures and Changes to the Agreement. Gigs may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Gigs in our sole discretion. Gigs reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Gigs is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Gigs may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

11.3 Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Gigs in connection with the Service, shall constitute the entire agreement between you and Gigs concerning the Service. Except as otherwise stated in Section 2, if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

11.4 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and failure of Gigs to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

11.5 Please contact us at legal@gigs.com with any questions regarding this Agreement.

Welcome!

Gigs provides a connectivity infrastructure for the internet. Businesses of all sizes use our software and services to provide connectivity and let their users manage connectivity online. Gigs cares about the security and privacy of the personal data that is entrusted to us.

This policy describes the Personal Data that we collect, how we use and share it, your rights and choices, and how you can contact us about our privacy practices.

Gigs (“Gigs”, “we”, “our” or “us”) provides its services globally and the Gigs entity responsible for the collection and use of personal data under this Privacy Policy may differ depending on your country.

We may collect and use personal data when we do business with you or when you do business with those that use our services. Some of our services may be accessed directly by you, including through our websites that reference this policy (e.g. gigs.com) (collectively “Sites”). Many of our services are provided to others in connection with their own business and activities, and you may engage with Gigs services as part of another’s service, such as when you purchase and activate a partner connectivity plan and we provide access to connectivity services to that partner through Gigs Connect (collectively, we refer to “Sites” and direct and indirect services as “Services”). This policy applies to Gigs’s own Services. Websites, products and services of third-parties and some affiliates of Gigs are subject to their own separate privacy policies.

This Privacy Policy includes important information about your Personal Data and we encourage you to read it carefully. You can also use these links to jump to a specific section.

1. Overview

Gigs obtains Personal Data about you from various sources. “You” may be a visitor to one of our Sites (“Visitor”), a user of one or more of our Services (“User” or “Gigs User”), or a direct or indirect customer of a User (“Customer”). If you are a Customer, your agreement with the relevant Gigs User should explain how the Gigs User shares your Personal Data with Gigs. If you have questions about this sharing, then you should direct those questions to the Gigs User.

2. Personal Data We Collect

a. Personal Data that we collect about you

Personal Data is any information that relates to an identified or identifiable individual, and can include information about how you engage with our Services (e.g. device information, IP Address). In many cases, the Personal Data that you provide directly to us through our Services will be apparent from the context in which you provide the data:

• When you register for a Gigs account on our Sites we collect your full name, email address, and account log-in credentials.
• When you fill-in our online form to contact our sales team, we ask for your name, contact information, country, and other information about your interest in our Services.
• When you authorize us to store information about you in connection with Gigs Connect, we collect your name and contact information and information about your purchased connectivity subscription (e.g. SIM ICCID, Phone Number and Connectivity Subscription).
• When you submit your ID and/or a “Selfie” for purposes of verification.
• When you respond to Gigs emails or surveys, we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call Gigs, as well as other information you may provide during the call. If you are a Gigs User or Customer, when you contact us, we may collect additional information in order to verify your identity.
• If you are a Gigs User, you will provide your contact details, such as name, postal address, telephone number, and email address. As part of your business relationship with us, we may also collect financial and personal information about you, such as your date of birth and government identifiers associated with you and your organization (such as your social security number, tax number, or Employer Identification Number).
• Third-parties Performing Services on Our Behalf; Transaction Processing. We may disclose personal information to third-parties performing services on our behalf (for example, companies who complete transactions and perform credit checks, billing, credit and debit card payment processing, shipping, customer service, and marketing), or that perform transactions on your behalf (for example, verification of your account information at your request to some third-party business).
• If you are a Customer, when you purchase or activate a connectivity plan, or transact with a User through Gigs’s Services, we will receive your usage information. If you are interacting directly with Gigs, we receive the information directly from you. If you are transacting with a User, depending on how they integrated our Services, we may receive this information directly from you, from the Gigs User or third parties. The information that we collect will include connectivity information (such as ICCID, phone number, data, voice & SMS consumption), purchase amount, date of purchase, and in some cases, some information about related purchases. Different connectivity plans may require the collection of different categories of information. The connectivity information that we collect will depend upon the country and plan that you choose to use from the list of available connectivity plans that are offered to you at the time. We may also receive your name, email, billing or shipping address.

In connection with in-proper & illegal use, prevention, detection, and compliance activities for Gigs and its Users, we might request identity related information from the following sources:

• From Customers (including through their devices (e.g. IP Addresses)) related to Customers.
• From Users about themselves and their Customers, including as collected through our Services.
• From our business partners, telecom service providers, identity verification services, and publicly available sources.

This Personal Data (e.g., name, address, country) helps us to confirm identities and prevent fraud.

You may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, (iv) in connection with an actual or potential business relationship with us, or (v) by giving us your business card or contact details in connection with trade shows or other events.

b. Information that we collect automatically on our Sites and through marketing of our products

Our Sites use cookies and other technologies. These technologies record information about you, including:

• Browser and device data, such as IP Address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the language version of the Sites you are visiting.
• Usage data, such as time spent on the Sites, pages visited, links clicked, language preferences, and the pages that led or referred you to our Sites.
• Online activities. We collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online services.
• We collect information when you engage with our marketing messages and when you click on links included in ads for our products. We use Google Analytics, Google Tag Manager, Google Ads, Posthog, Meta Pixel, LinkedIn InsightTag, Hubspot Pixel, Salesviewer on our Sites to help us analyze your use of our Sites and diagnose technical issues.

Cookies also enable Gigs to gather information about the use of its website and to enhance the website accordingly to the preferences of the users. The Help option on the toolbar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Gigs cookies do not contain any identifying information. Please bear in mind that some personalized services may not be available if you choose to disable cookies.

3. How We Use Personal Data

a. Our Services

We rely upon a number of legal grounds to enable our use of your Personal Data. We use Personal Data to facilitate the business relationships we have with our Users, to comply with our regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to complete connectivity services and to provide connectivity-related services to our Users.

Learn more:

Contractual and pre-contractual business relationships

We use Personal Data for the purpose of entering into business relationships with prospective Gigs Users, and to perform the contractual obligations under the contracts that we have with Gigs Users. Activities include:

• Creation and management of Gigs accounts and Gigs account credentials, including the evaluation of applications to commence or expand the use of our Services;
• Creation and management of Gigs Connect accounts;
• Accounting, auditing, and billing activities; and
• Processing of payments, including fraud detection and prevention, optimizing valid transactions, communications regarding such payments, and related customer service.

Legal compliance

We may use Personal Data to verify the identity of our Users in order to comply with fraud monitoring, prevention and detection obligations, laws associated with the identification and reporting of illegal and illicit activity, such as AML (Anti-Money Laundering) and KYC (Know-Your-Customer) obligations, and financial reporting obligations. For example, we may be required to record and verify a User’s identity for the purpose of compliance with legislation intended to prevent money laundering and financial crimes. These obligations are imposed on us by the operation of law, industry standards, and by our financial partners, and may require us to report our compliance to third parties, and to submit to third party verification audits.

Legitimate business interests

Where allowed under applicable law, we rely on our legitimate business interests to process Personal Data about you. When we do so, we balance our legitimate interests against the interests and rights of the individuals whose Personal Data we process. The following list sets out the business purposes that we have identified as legitimate:

• Mitigate financial loss, claims, liabilities or other harm to Customers, Users and Gigs;
• Determine eligibility for and offer new Gigs products and services;
• Respond to inquiries, send Service notices and provide customer support;
• Promote, analyze, modify and improve our Services, systems, and tools, and develop new products and services, including reliability of the Services;
• Manage, operate and improve the performance of our Sites and Services by understanding their effectiveness and optimizing our digital assets;
• Analyze and advertise our Services;
• Conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of, our business;
• Share Personal Data with third party service providers that provide services on our behalf and business partners which help us operate and improve our business (Learn More);
• Enable network and information security throughout Gigs and our Services; and
• Share Personal Data among our affiliates for administrative purposes.

Connectivity and related services (Gigs as a data processor)

We use Personal Data of Customers to provide our Services to Users, including purchase, activation and management of connectivity plans and authenticate Customers on behalf of our Users. All such use is pursuant to the terms of our business relationships with our Users. In addition, we may offer connectivity-related services to Users who have requested such services, and our delivery of such related services to our Users may involve the use of Personal Data.

b. Marketing and events-related communications

We may send you email marketing communications about Gigs products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with applicable law, including any consent requirements. For example, when you submit your contact information to us or when we collect your business contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and, with your permission, include you on our marketing information campaigns.

c. Advertising

When you visit our Sites, we (and our service providers) may use Personal Data collected from you and your device to target advertisements for Gigs Services to you on our Sites and other sites you visit (“interest-based advertising”), where allowed by applicable law, including any consent requirements. For example, when you visit our Sites, we will use cookies to identify your device and direct ads for our Services to you. You have choices and control over our cookies (or similar technologies) we use to advertise to you. Please see our Cookie Policy for more information. At present, there is no industry standard for recognizing Do Not Track browser signals, so we do not respond to them.

We do not use, share, rent, or sell the Personal Data of our Users’ Customers for interest-based advertising. We do not sell or rent the Personal Data of our Users, their Customers or our Sites Visitors.

4. How We Disclose Personal Data

Gigs does not sell or rent Personal Data to marketers or unaffiliated third parties. We share your Personal Data with trusted entities, as outlined below.

a. Gigs

We share Personal Data with other Gigs-affiliated entities in order to provide our Services and for our administration purposes.

b. Service providers

We share Personal Data with certain of our service providers subject to contract terms that limit their use of Personal Data. We have service providers that provide services on our behalf, such as connectivity providers, identity verification services, website hosting, data analysis, marketing service, payment provider & processor, information technology and related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access Personal Data to perform their services. We authorize such service providers to use or disclose the Personal Data only to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers are predominantly located in the European Union and the United States of America.

c. Business partners

We share Personal Data with third party business partners in connection with our Services to our Users. Examples of third parties to whom we may disclose Personal Data for this purpose are connectivity providers when we provide connectivity services, and the professional services firms that we partner with to deliver Gigs Connect.

d. Our Users and third parties authorized by our Users

We share Personal Data with Users to maintain a User account and provide the Services and third party services. We share data with parties directly authorized by a User to receive Personal Data. This includes sharing Personal Data of Customers with Users to assess the data usage by Customers, or when a User authorizes a third party application provider to access the User’s Gigs account using Gigs Connect. The use of Personal Data by an authorized third party is subject to the third party’s privacy policy.

e. Corporate transactions

In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties in connection with such transaction. Any other entity which buys us or part of our business will have the right to continue to use your Personal Data, but subject to the terms of this Privacy Policy.

f. Compliance and harm prevention

We share Personal Data as we believe necessary: (i) to comply with applicable law, or rules imposed by payment method in connection with use of that payment method; (ii) to enforce our contractual rights; (iii) to protect the Services, rights, privacy, safety and property of Gigs, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.

5. Your Rights and Choices

You may have choices regarding our collection, use and disclosure of your Personal Data:

a. Opting out of receiving electronic communications from us

If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you other messages in connection with providing our Services.

b. How you can see or change your account Personal Data

If you would like to review, correct, or update Personal Data that you have previously disclosed to us, you may do so by signing in to your Gigs account or by contacting us at support@gigs.com.

c. Your data protection rights

Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:

• The right to request confirmation of whether Gigs processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
• The right to request that Gigs rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
• The right to request that Gigs erase your Personal Data in certain circumstances provided by law;
• The right to request that Gigs restrict the use of your Personal Data in certain circumstances, such as while Gigs considers another request that you have submitted (including a request that Gigs make an update to your Personal Data);
• The right to request that we export your Personal Data that we hold to another company, where technically feasible;
• Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time; and/or
• In some cases, you may also have the right to object to the processing of your Personal Data.

d. Process for exercising data protection rights

To exercise your data protection rights please also see Gigs Privacy Center. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may have the right under applicable laws to consult with the data protection authority in your country.

For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.

If you are a Customer of a Gigs User, please direct your requests directly to the User. For example, if you are making, or have made, a purchase from our Partners using Gigs as a connectivity solution, and you have a request that is related to the personal information that you provided as part of the partners products or services, then you should address your request directly to the partner.

6. Security and Retention

We make reasonable efforts to provide a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data covered by this Privacy Policy against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessed by a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (e.g., you feel that the security of your account has been compromised), please contact us immediately at support@gigs.com.

We retain your Personal Data as long as we are providing the Services to you or our Users (as applicable). Even after we stop providing Services directly or indirectly to you, and even if you close your Gigs account or complete a transaction with a Gigs User, we keep your Personal Data in order to comply with our legal and regulatory obligations. We may also keep it to assist with detection and prevention of illegal activities. In all cases where we keep data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

7. International Data Transfers

We are a global business. Personal Data may be stored and processed in any country where we do business or our service providers do business. We may transfer your Personal Data to countries other than your own country, including to the United States. These countries may have data protection rules that are different from your country. When transferring data across borders, we take measures to comply with applicable data protection laws related to such transfer. Officials (such as law enforcement or security authorities) in those other countries may be entitled to access your Personal Data.

If you are located in the European Economic Area (“EEA”), the UK or Switzerland, we comply with applicable laws to provide an adequate level of data protection for the transfer of your Personal Data to the US. Where applicable law requires that a data transfer legal mechanism, we use one or more of the following: EU Standard Contractual Clauses with a data recipient outside the EEA or the UK, verification that the recipient has implemented Binding Corporate Rules, or other legal method available to us under applicable law.

8. Use by Minors

The Services are not directed to minors, including children under the age of 13. In some countries, we may impose higher age limits as required by applicable law. We do not sell any Personal Data of Customers, Visitors or Users, including those aged between 13 to 16.

9. Updates To this Privacy Policy and Notifications

We may change this Privacy Policy from time to time to reflect new services, changes in our Personal Data practices or relevant laws. The “Last updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes are effective when we post the revised Privacy Policy on the Services.

We may provide you with disclosures and alerts regarding the Privacy Policy or Personal Data collected by posting them on our website and, if you are a Gigs User, by contacting you through the email address and/or the physical address listed in your Gigs account.

If applicable law requires that we obtain your consent or provide notice in a specified manner prior to making any changes to this Privacy Policy applicable to you, we will provide such required notice and will obtain your required consent.

10. Links To Other Online Services

The Services may provide the ability to connect to other online services. These online services may operate independently from us and/or may have their own privacy notices or policies, which we strongly suggest you review. If any online service linked to our Services is not owned or controlled by us, or does not claim to be covered by this Privacy Policy, we are not responsible for it and/or it is not covered by this Privacy Policy. Please refer to the privacy policy associated with that online service.

11. Controllers and Jurisdiction-specific Provisions

Depending on the activity, Gigs acts as a Controller and Processor.

Australia

If you are an Australian resident, and you are dissatisfied with our handling of any complaint you raise under this Privacy Policy, you may wish to contact the Office of the Australian Information Commissioner.

EEA

To exercise your rights, you may contact our DPO at legal@gigs.com. If you are a resident of the EEA or we have identified Gigs LLC as your data controller, and believe we process your information in scope of the General Data Protection Regulation (GDPR), you may direct your questions or complaints to legal@gigs.com. If you are a resident of the UK, you may direct your questions or concerns to legal@gigs.com.

Mexico

Mexican residents may exercise data protection rights to access, correction, deletion, opposition or revocation under applicable law. You may be provided with further information about the steps to exercise your privacy rights, including identity verification, timing, the way to get in touch with the organization responding to your request for further communications about your request, and how your request may be honored. If you are a Mexican resident and a Customer of a Gigs User, please direct your requests directly to the Gigs User with whom you shared your personal information.

United States – California

If you are a consumer located in California, we process your personal data in accordance with the California Consumer Privacy Act (CCPA). This section provides additional details about the personal information we collect and use for purposes of CCPA.

a. How We Collect, Use, and Disclose your Personal Information

The Personal Data We Collect section describes the personal information we may have collected about you, including the categories of sources of that information. We collect this information for the purposes described in the How We Use Personal Data section. We share this information as described in the How We Disclose Personal Data section. Gigs uses cookies, including advertising cookies, as described in our Cookie Policy.

b. Your CCPA Rights and Choices

As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:

Exercising the right to know: You may request the following information about the personal information we have collected about you:

• the categories and specific pieces of personal information we have collected about you;
• the categories of sources from which we collected the personal information;
• the business or commercial purpose for which we collected the personal information;
• the categories of third parties with whom we shared the personal information; and the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.

Exercising the right to delete: You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.

Exercising the right to opt-out from a sale: You may request to opt out of any “sale” of your personal information that may take place. We do not use, share, rent or sell the Personal Data of our Users’ Customers for interest-based advertising. We do not sell or rent the Personal Data of our Users, their Customers or our Sites visitors.

Non-discrimination: The CCPA provides that you may not be discriminated against for exercising these rights.

To submit a request to exercise any of the rights described above, please reach out to us at support@gigs.com.

ALL

When exercising your rights, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. Authentication based on a government-issued and valid identification document may be required. If you are a Customer of a Gigs User, please direct your requests directly to the Gigs User with whom you shared your personal information.

12. Contact Us

If you have any questions or complaints about this Privacy Policy, please send us a mail to legal@gigs.com.

13. Customer Proprietary Network Information

We take protecting your Customer Proprietary Network Information or “CPNI” very seriously. In fact, federal law requires connectivity providers, like Gigs, to protect certain personal information that we generate or access in providing the Services to you. CPNI includes call details, call location information, and information about the rates and features of the Services that you use. CPNI does not include your name, address, or phone number. Here are the ways we protect your CPNI:

• Securing your CPNI. We implement safeguards that are designed to protect your CPNI. We must authenticate you with a password or other permissible means before we disclose any CPNI.
• Using CPNI without your additional approval is limited to specific purposes. By using the Services, you allow us to use, disclose, and permit access to your CPNI without your additional approval only for the following limited purposes:

1. To provide and offer services among the category of Services you’re purchasing from us. This includes using CPNI in the normal course of business, such as to enable billing, customer service, and troubleshooting. This also includes related features such as call blocking, call return, repeat dialing, call waiting, caller ID, and call forwarding.
2. To provide information services, such as Internet access and voicemail.
3. To protect our rights and property.
4. To protect our users and other carriers from fraudulent, abusive, or unlawful uses of the Services.
5. Comply with applicable laws and legal process.
6. Any other purpose permitted by federal law.

• From time to time, we may want to provide you information about Gigs-related services that are not among the category of services that you’re already purchasing from us. You are not required to opt in and your decision not to opt in will not adversely affect how we provide you the Services that you’re purchasing from us. If you opt in may we use your CPNI to market you Gigs-related services This remains in effect until you affirmatively revoke your opt in or cancel the Services.
• Using CPNI with your additional approval. Except as provided above, we will not use, disclose, or permit access to your CPNI without your additional approval.

14. Caller ID

We may share your mobile number and name with third parties to enable Caller ID and similar services across multiple carriers when you make a call. We do not publish directories of our customers’ wireless numbers or make numbers available to third parties for listing in their public directories without your permission. You can ask us to exclude your name from Caller ID by emailing us at support@gigs.com