END-USER LICENSE AGREEMENT (EULA)

Effective Date: June 2025

 

Please read this End-User License Agreement (“EULA”) carefully before using the Gigevate platform. By clicking “I Agree,” or by accessing or using the platform, you agree to be bound by this EULA. If you do not agree, do not use the platform. This EULA is a legal agreement between you (“User” or “You”) and Gigevate B.V. (“Company,” “we,” “us” or “Gigevate”) for use of the Gigevate platform and its software, applications and services, including any updates or documentation (“Software” or “Platform”). This EULA is binding and enforceable under the laws of South Africa, the European Union and the United Kingdom.

1. LICENSE GRANT

1.1 Limited License

Gigevate grants you a non-exclusive, non-transferable, revocable license to use the Software for your personal or internal business use, subject to the terms of this EULA.

1.2 Scope of License

This license permits use of the Software only on devices that you own or control. You may not install, access or use the Software on devices that you do not own or control.

2. LICENSE RESTRICTIONS

2.1 Prohibited Actions

You may not:

  • Copy, modify or create derivative works from the Software
  • Reverse engineer, decompile or disassemble the Software
  • Sell, rent, lease, sub-license or transfer the Software except as expressly permitted
  • Use the Software to build or support a competing service
  • Remove any proprietary labels or trademarks from the Software
  • Use the Software for any unlawful or unauthorized purpose

Violation of any provision results in immediate termination of your license.

2.2 Third-Party Components

Some components may be governed by separate open-source licenses. You agree to comply with those terms.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Ownership

The Software is licensed, not sold. Gigevate and its licensors retain all ownership, title and rights in the Software, including associated intellectual property.

3.2 Trademarks

All marks, logos and branding used on the Software belong to Gigevate or its partners. You may not use them without written permission.

3.3 Updates

This EULA applies to all updates unless accompanied by a separate license.

3.4 Maintenance

Gigevate is not obligated to provide maintenance or support, but may do so at its discretion.

4. DATA AND PRIVACY

4.1 Data Collection

You agree that Gigevate may collect technical data (e.g. device type, system version, feature usage) to improve its products and provide support.

4.2 Privacy Policy

Use of the Software is subject to Gigevate’s Privacy Policy, which is incorporated by reference.

5. TERMINATION

5.1 Termination by Gigevate

We may terminate this EULA at any time if you violate any terms. Upon termination, you must stop using the Software and delete all copies.

5.2 Termination by User

You may terminate by uninstalling and discontinuing use of the Software.

6. LIMITED WARRANTY

6.1 Performance

Gigevate warrants that the Software will perform substantially as described, provided it is used on supported systems.

6.2 Accuracy and Risk

While we aim for accuracy, we cannot guarantee data accuracy or availability at all times. Use of the Software is at your own risk.

6.3 Viruses and Security

Although we take reasonable precautions, we do not guarantee the Software is free from viruses or harmful code.

6.4 Disclaimer

The Software is provided “as is” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for purpose or non-infringement.

7. LIMITATION OF LIABILITY

7.1 No Liability for Damages

To the maximum extent permitted by law, Gigevate shall not be liable for indirect, incidental, special or consequential damages related to use or inability to use the Software.

7.2 Liability Cap

Total liability to you shall not exceed the amount you paid for the Software or fifty US dollars (USD $50.00), whichever is greater.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1 Governing Law

  • South African users: This EULA is governed by the laws of South Africa.
  • EU users: Governed by the laws of your country of residence under EU law.
  • UK users: Governed by the laws of England and Wales.

8.2 Dispute Resolution

South African users: Binding arbitration in Sandton under the rules of the Arbitration Foundation of South Africa.
EU and UK users: You may raise a complaint with your local data protection authority or consumer body. If arbitration applies, it will be conducted in English and governed by neutral venue rules.

9. GENERAL PROVISIONS

9.1 Severability

If any part of this EULA is invalid, the remaining parts will remain valid and enforceable.

9.2 Entire Agreement

This EULA is the entire agreement between you and Gigevate relating to the Software and supersedes all prior terms.

9.3 Amendments

We may modify this EULA at any time by posting updates on our website. Continued use after changes means you accept the updated terms.

10. CONTACT INFORMATION

If you have any questions about this EULA, please contact:

Gigevate B.V.
Email: gigevate@gmail.com

 

By using the Gigevate platform, you confirm that you have read, understood and agree to this End-User License Agreement.