TERMS OF SERVICE

Effective Date: April 2025

Welcome to Gigevate! These Terms of Service (“Terms”) govern your use of the Gigevate platform and services. By accessing or using Gigevate, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

1. ACCEPTANCE OF TERMS

By registering for and/or using the Gigevate platform, you agree to comply with and be bound by these Terms. These Terms constitute a binding agreement between you and Gigevate B.V. If you are using the platform on behalf of an organisation, company or legal entity, then you agree to these Terms on behalf of that organisation, company or legal entity and you warrant that you are authorised to represent such organisation, company or legal entity.

2. DEFINITIONS

• Artist: A user who promotes their artistic services on Gigevate.
• Content: Any text, images, audio, video, or other materials uploaded or shared by users.
• Event Organiser: A user who creates and manages events on Gigevate.
• Public User: A user who browses, engages with, or participates in public-facing features but does not make bookings or handle payments.
• Gigevate platform: The platform including all associated services, websites and applications.
• Intellectual Property: All IP rights in software, content, trademarks, copyrights and related improvements.
• User: Any person or entity using the Gigevate platform.
• Trustap: Third-party escrow provider integrated with Gigevate for secure payments.

3. USER REGISTRATION AND ACCOUNTS

3.1 Eligibility

You must be at least 18 years old to use the Gigevate platform. By registering, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Account Creation

To access certain features, you must create an account. You agree to provide accurate and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

3.3 Account Responsibilities

You agree to immediately notify Gigevate of any unauthorised use of your account. Gigevate is not liable for any loss or damage arising from your failure to secure your credentials.

4. USER RIGHTS AND RESPONSIBILITIES

4.1 Licence to Use

Subject to these Terms, Gigevate grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the platform for personal and commercial purposes.

4.2 Content Ownership

You retain ownership of any content you post. By posting, you grant Gigevate a worldwide, royalty-free, non-exclusive licence to use, display and distribute your content in connection with our services.

4.3 Booking Limitations for Public Users

Public Users may not initiate or confirm bookings. Booking tools and payment features are restricted to verified Event Organisers and Artists.

5. ACCEPTABLE USE POLICY

5.1 Prohibited Activities

• Posting content that is unlawful, defamatory, obscene, offensive or infringes third-party rights.
• Using the platform for illegal, unethical, fraudulent, or unauthorised purposes.
• Harassing, threatening or harming any other user.
• Impersonating another person or misrepresenting affiliation.
• Disrupting or harming the platform, its infrastructure or other users.

5.2 Monitoring and Enforcement

Gigevate may monitor activity and remove content that violates these Terms or applicable laws. Accounts in breach may be suspended or terminated.

6. ACCOUNT TERMINATION

6.1 Termination by User

You may terminate your account at any time by contacting support. Upon termination, you lose access to your account and data.

6.2 Termination by Gigevate

Gigevate may terminate or suspend your account, without notice, if you violate these Terms or engage in prohibited activity.

6.3 Effects of Termination

All licences granted under these Terms immediately cease. Gigevate may retain data as required by law or for legitimate business purposes.

7. INTELLECTUAL PROPERTY RIGHTS

All content, software, IP and technology on the platform are owned by or licensed to Gigevate. You may not reproduce, distribute or modify any part without prior written consent.

8. PAYMENTS, ESCROW & TRUSTAP INTEGRATION

8.1 Use of Trustap

All transactions are facilitated via Trustap escrow. Funds are held until conditions are met, then released per Trustap’s rules.

8.2 Gigevate’s Role

Gigevate is not a party to transactions and does not hold funds. We facilitate connections; Trustap handles release and refund of funds independently.

8.3 Dispute Resolution

Users raise disputes within Trustap. Gigevate may provide context but does not override Trustap’s decisions.

8.4 Refunds and Cancellations

Outcomes follow Trustap’s rules and Gigevate’s cancellation policy, based on evidence submitted.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

9.1 Disclaimer of Warranties

The platform is provided “as is” and “as available.” We disclaim all express or implied warranties to the fullest extent permitted by law.

9.2 Limitation of Liability

To the maximum extent permitted, Gigevate shall not be liable for any direct, indirect, incidental, special or consequential damages. Our total liability will not exceed amounts paid by you in the 12 months prior to the claim.

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gigevate B.V., its affiliates, directors, officers, employees and agents from all claims, damages, liabilities, losses and expenses arising from your use of the platform or breach of these Terms.

11. MODIFICATIONS TO TERMS

We may amend these Terms at any time by posting updates with a new effective date. Continued use constitutes acceptance of the revised Terms.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

• South Africa, for users in South Africa
• The United Kingdom, for users in the UK
• Your EU country of residence, for EU users

12.2 Dispute Resolution

Disputes will first be attempted through internal resolution. If unresolved:

• South African users: Arbitration in Sandton under the Arbitration Foundation of South Africa
• EU and UK users: Local authority complaint or binding arbitration under local rules

13. MISCELLANEOUS

13.1 Entire Agreement

These Terms constitute the entire agreement and supersede all prior communications.

13.2 Severability

If any provision is invalid or unenforceable, the remainder shall remain in full force and effect.

13.3 Waiver

Failure to enforce any right under these Terms does not constitute a waiver of that right.

14. CONTACT US

If you have any questions or concerns, please contact:

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