GIG-A Terms and Conditions

[Customer Support Contact]

Your satisfaction is important to GIG-A. If you have any questions about your GIG-A account, GIG-A services, Partner Services, or these Terms of Use for GIG-A Services, please feel free to contact us. Our contact information is as follows

E-mail: support@gigabank.jp

Or send us a message using a chat function in the GIG-A App.

1. Introduction

These terms of use for GIG-A Services (these “Terms of Use”) represent a binding legal agreement between you and GIG-A (“us” or “our” or “GIG-A”).

These Terms of Use govern the provision and the use of GIG-A's mobile applications and websites (www.gigabank.jp) (“App” and “Website”), software and content, and other products, services and features, including updates and new releases (collectively, the “Services”).

These Terms of Use are the terms and conditions set forth herein, but also any additional terms and conditions, policies, rules, guidelines, offers or similar published in the App or on the Website relating to the Services. You should read them all carefully to understand and retain them for your records. If you don't agree to the term and conditions set forth herein, please don't use the Services.

Some of the products and services made available to you in the App are not provided by us but are instead offered and provided by third parties (the “Partner Services” and our “Partners”). These Partners have their own agreements (the “Partner Agreements”) that will apply to you when you use the Partner Services. The Partner Agreements are attached to these Terms of Use or are made available to you in the App and the Website and when you apply to use the Partner Services.

By accepting these Terms of Use, you accept the Partner Agreements attached hereto. You accept all other Partner Agreements by applying for or utilizing those Partner Services (as applicable). The Partner Agreements are separate agreements between you and our Partners and govern your use of the Partner Services. Therefore, even if we allow you to use the Service, we do not guarantee that our Partners, including affiliated banks, will provide you with the Partner Services, including the opening of a deposit account. In the event of any inconsistency or doubt between these Terms of Use and any Partner Agreements, these Terms of Use shall prevail. Some of the Partner Services or the Services may not be available to you depending on the level of identity verification you have completed. We reserve the right to require any level of or additional identity verification to access any of the Partner Services or the Services, in our sole discretion.

In conducting identity verification, we will use the service provided by Liquid,Inc., and outsource all or part of the work to Liquid, Inc. You agree that you have carefully read, understood, and agreed to the Terms of Use (https://liquidinc.asia/ekyc-terms-of-service/) as well as these Terms of Use. By agreeing to these Terms of Use, you also agree to be bound by Liquid's Terms of Use.

By applying for or otherwise retaining or using the Services and any Partner Services, you represent and warrant that:

(1)You are at least 18 years of age and are fully able and competent to conclude the terms and conditions set out herein.

(2)The details of your application for the Services match the details shown on your identification documents.

(3)You are a resident of Japan (having Japan as your place of residence and a valid resident status).

(4)You provide us with a verifiable address in Japan (no P.O. Boxes).

(5)You are not a U.S. person, etc. who (i) has U.S. citizenship (U.S. nationality); (ii) has U.S. permanent resident status; or (iii) is a U.S. resident (including expatriates who have been in the United States for 183 days or more).

(6)You are not a foreign PEP (a person who occupies an important position in a foreign government, etc., or a customer, etc. listed in each item of Article 12, Paragraph 3 of the Order for Enforcement of the Act on Prevention of Transfer of Criminal Proceeds).

(7)You are not a person who is engaged in antisocial forces such as organized crime groups, organized crime group members, organizations involved in organized crime groups, companies affiliated with crime syndicates, corporate extortionists etc., racketeers disguising themselves as social activists, violent groups using special intelligence, or an associate member of an organized crime group (“Crime Groups, etc.”), or it has passed five (5) years since the time you ceased being a gang member. You also will not fall under any of these categories in the future.

(8)You will not (i) make violent demands, (ii) make unreasonable demands beyond legal responsibility, (iii) use threatening language or violence in connection with a transaction, (iv) spread rumors, use false information, or use force to damage our credibility or obstruct our business, or (v) engage in any other similar conduct, either on your own or through a third party.

(9)You agree that you have read and understood the relevant terms and conditions, including these Terms of Use, and agree to be bound by and comply with the terms and conditions therein.

GIG-A Co., Ltd. is a joint-stock corporation under the laws of Japan, with its head office located at Global Business Hub Tokyo, 3F, Otemachi Financial City Grand Cube, 1-9-2 Otemachi, Chiyoda-ku, Tokyo, Japan. In addition, we are an “electronic payment agency” engaged in “agency business for electronic payment” under Article 2, Item 17 of the Banking Act, and are not a bank licensed under the Banking Act. Financial services accessible through this application are provided by the Partners, including affiliated banks.

GIG-A may display product descriptions and other information from affiliated banks on the App or the Website based upon request from the affiliated bank.

In addition to the services we perform as an electronic payment agency, we also perform the following services as your voluntary agent (an agent appointed by you, not as a legal representative).

●        In response to your request to open a deposit account at our affiliated banks, we communicate your registration information, intention to open an account, and agreement to these terms of use, etc., to the affiliated bank. In such cases, the bank account will be provided by the affiliated bank, and we will not be involved in any way in determining whether or not to provide services by the affiliated bank.

●        In addition to the above, upon receiving a request from you to start using a Partner Service, we will execute procedures to start using the Partner Service on behalf of you. In such cases, the Partner Service is provided by the Partner, and we assume no responsibility for the availability of the service by the Partner.

●        In the case of changes to your address, telephone number, e-mail address, or other information registered with us, we will assume that you have requested a comprehensive update of information in advance, and we will notify the provider of the Partner Service (including deposit accounts at affiliated banks) of the change in registered information and implement procedures to update the information.

●        With respect to notices and inquiries from providers of Partner Services (including deposit accounts at affiliated banks) to you, we will receive such notices and inquiries on behalf of you as a central contact point, notify you, and if necessary, we will respond to the inquiries after confirming your intentions.

●        Upon receiving your request for cancellation of the Partner Services (including deposit accounts at affiliated banks), we will apply for cancellation to the Partner Services and carry out various procedures.

●        We will implement the procedures for the payment of fees as set forth in Article 2.2.

2. Service Details and Use

2.1 Services provided by GIG-A

You may open a GIG-A account after registering various information in GIG-A's application and agreeing to the terms and conditions, including these Terms of Use, and after being screened by us. In addition, you may apply for use of the following services through the use of your GIG-A accounts. We are not involved in any way in determining whether or not the Partners, including the affiliated banks, may provide services to you, and we do not guarantee that the affiliated banks will provide you with the following services, including the opening of a deposit account, or that the Partners will provide you with any of the services.

●        Mobile banking services (including balances inquiry, deposits and withdrawals history reference, and domestic transfers. Your bank accounts are provided by affiliated banks and funds are managed in the bank account.)

2.2 Fees

Your use of and access to the Services is subject to a recurring Membership Fee, which is automatically deducted from your account on a monthly basis, as specified below:

●        Membership Fee (monthly): 990 yen (incl. tax)

Upon paying the Membership Fee you may unlock access restrictions to the Services and the Partner Services available in the App.

Access to all or parts of the Services may require additional identity verification, in our sole discretion. You acknowledge and agree that the use of our Services and Partner Services may also be subject to certain additional fees charged per usage (“Usage Fees”). Please refer to the App and respective Partner Agreement for further details.

We and our Partners reserve the right to change the Membership Fee or the Usage Fees at any time and without prior notice. The new fees shall become effective immediately when published in these Terms of Use or the Partner Agreements, the App or the Website. Your continued use of the Services and/or the Partner Services following notice of the new fees shall constitute your agreement to the new fees. If you do not accept the new fees, please do not use the Services or the Partners Services. No refunds are available.

Unless stated otherwise, all fees and charges for the Services and the Partner Services shall be stated in Japanese Yen (JPY) and shall be exclusive of consumption tax. You are responsible for paying all taxes or fees applicable to your use of the Services and the Partner Services.

You agree that payment of the Membership Fee, any Usage Fees and any other applicable taxes or fees is made by deducting a corresponding amount from your GIG-A Account and transferred to GIG-A or our Partners (as applicable), and you hereby instruct and authorize us to execute such money transfers for the purpose of fulfilling your payment obligations. You may cancel your Membership by closing your GIG-A Account at any time. In order to close your GIG-A account, you must cancel or close all Partner Service accounts opened through us in advance or at the same time. In addition, when closing a bank account, it is necessary to reduce the balance of the bank account to zero before proceeding with the account closure procedure.

2.3 Your Obligations as a GIG-A User

To keep your GIG-A Account in good standing, you agree to maintain a balance of at least JPY 900 plus consumption tax in your deposit account opened in your name at the affiliated bank from which the Membership Fee is debited at all times. You also agree not to use the Services or the Partner Services in any prohibited manner, as further specified in Article 4.2 “Prohibited Use.”

2.4 Location Limitations

The Services and Partner Services are provided only in Japan.

2.5 Account Statements and Records

When you login to your GIG-A Account, you will find information related to your use of the Services and the Partner Services, such as receipts, payments, and current balances (“GIG-A Account Records”). It is your responsibility to retain and keep a copy of your GIG-A Account Records for future reference.

We will use commercially reasonable efforts to correct technical failures in your account records within a reasonable period of time. However, your inability to view your GIG-A Account Records will not extend or excuse your obligation to pay any amounts owed to us or our Partners.

3. In the Event of Problems

The following paragraphs detail the steps you should take in the event of a problem with your GIG-A Account or your use of the Services, such as a lost or stolen device, disputes, complaints, your breach of these Terms of Use or the Partner Agreements, and closing your GIG-A Account.

3.1 Lost, Stolen, and Fraudulent Use of the Mobile Phone

In the event that your GIG-A mobile phone that contains the App is lost or stolen, please contact the GIG-A Customer Support immediately so we can suspend your GIG-A Account. We are not responsible for any fraudulent use or charges to your GIG-A Account, the Services or the Partner Services prior to you notifying us that your mobile phone has been lost or stolen. You are solely responsible for securing your GIG-A mobile phone.

3.2 Management and Unauthorized Use of ID, Password and Other Registered Information, etc.

You are responsible for maintaining your Customer ID, password, and other registration information to access your GIG-A Account. If you become aware of any unauthorized use of your Customer ID, password, or other registered information by another person, you must immediately notify the GIG-A Customer Support. GIG-A will not be liable for any loss or damage incurred by you as a result of the use of your Customer ID, password, or other registered information by a third party, except in cases where such use is intentional or negligent by GIG-A. Any use of the Services based on such Customer ID, password, and other registered information, etc. shall be deemed to be based on the legitimate authority of the relevant customer.

3.3 Billing Errors and Disputes

Except as provided by law, all purchases under these Terms of Use and the Partner Agreements are final and non-refundable. If you believe that we or any of our Partners have charged you in error, you must provide a written request to our customer service within ninety (90) days of such charge (for contact details, see the Customer Support Contact above). We or any of our Partners will give no refunds for any charges that are more than ninety (90) days past due. In addition, no refunds will be made for services paid for without your cash cost, such as coupons. Besides, we reserve the right to deny repetitive refund requests.

3.4 Complaints

If you would like to make a complaint about your GIG-A Account, the Services, or the Partner Services, please contact the GIG-A Customer Support.

3.5 Violations by Customers and Termination

You may be in breach of these Terms of Use if you engage in any conduct that violates any terms or conditions under these Terms of Use, the Partner Agreements, or applicable law. This includes your failure to pay the Membership Fee. If you breach these Terms of Use, we may suspend or close your GIG-A Account, or take any other action that we deem necessary in our sole discretion.

We may suspend or cancel your GIG-A Account and the Services etc. for any reason, at any time and without prior notice. In such cases, the Partner Services (including deposit accounts opened with affiliated banks) that were initiated through the Services shall also be suspended or terminated. In the event that there is a balance in a deposit account opened with the affiliated bank at the time of cancellation, the handling of such balance shall be in accordance with the rules of the affiliated bank.

If the Services are suspended and you wish to request for the cancellation of such suspension, please contact the GIG-A Customer Support Center. After a reasonable period of time upon consultation with the affiliated bank, the bank may request additional identification or a guarantor, etc. In addition, the affiliated bank may not allow the suspension of transactions to be lifted if there are reasonable grounds.

Additionally, we and our Partners have the right to immediately, without any liability, refuse to provide, restrict, limit, change, remove, disable, suspend, interfere or interrupt the Services and the Partner Services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the Services, or for any of the reasons for termination set forth in these Terms of Use, or any corporate or business reason.

You agree that your use of the Services and the Partner Services is conditioned upon you being eligible to acquire the Services and the Partner Services. Therefore, the termination (or deactivation) of a Partner Service may require the immediate termination of these Terms of Use and deactivation of your GIG-A Account.

You acknowledge and agree that we and our Partners are under no obligation to provide the Services and the Partner Services to you, and that we or our Partners shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Services, the Partner Services, these Terms of Use, and the Partner Agreements.

You acknowledge and agree that the Services and the Partner Services are offered and provided on a prepaid basis, and that if there are insufficient funds on your deposit account at the affiliated bank you have designated for payment of fees for the Membership Fee or the Usage Fees (if applicable), your GIG-A Account will be deactivated and you will not be able to use the Services or the Partner Services.

Please refer to Articles 2.2 and 2.3 above for details on fees and payments. You may reactivate your GIG-A Account and access to the Services and the Partner Services by depositing sufficient funds into your deposit account at the affiliated bank and paying any outstanding charges.

If you have not paid the Membership Fee for a period of ninety (90) days, your GIG-A Account will be closed, and the Services will be terminated. You confirm and agree that in such a case, the Partner Services (i.e. the deposit account provided by the affiliated bank) will also be terminated at the same time, and you agree to complete the termination procedures. If you wish to access the Services and the Partner Services again following the closure or cancellation, you will need to re-apply for a new GIG-A Account. You confirm that you will also need to re-apply for the Partner Services.

3.6 Closing Your Account

You may close your GIG-A Account at any time by contacting the GIG-A Customer Support (support@gigabank.jp). Please be advised that you will be required to bring your GIG-A Account balance down to zero prior to closing your account.

In addition, the Membership Fee paid in advance will not be refunded.

3.7 Effects of Termination

Upon termination of your GIG-A Account, any and all rights granted to you under these Terms of Use or the Partner Agreements shall cease immediately. You must immediately stop using the Services and the Partner Services and otherwise cease with all activities authorized under these Terms of Use or the Partner Agreements. You must delete or remove the App, Software, and other parts of the Services (where applicable) from all your devices, and immediately destroy any and all copies of the same then in your possession, custody or control. We shall execute the termination by preventing your access and/or use of your GIG-A Account or other parts of the Services or the Partner Services. The termination of these Terms of Use and the Partner Agreements will not affect any of our rights or your obligations arising under these agreements prior to termination.

4. Use and Restrictions

4.1 Your Use of the Services and Our Right to Change the Services

You acknowledge that the products, features or functions or other parts of the Services or the Partner Services may change over time. We or our Partners may, without prior notice to you, change the form and nature of the Services and the Partners Services. Furthermore, we and our Partners may, in our sole discretion and without prior notice to you, decline to provide and suspend the provision of the Services and the Partner Services or part thereof to you or general users permanently or temporarily. We may make updates to the Software, the App, or other parts of the Services at any time and shall have no obligation whatsoever to provide any such updates to you.

It is your responsibility to use the latest available version of the Software, App, or other parts of the Services (where applicable).

You agree that you are solely responsible (and that we and our Partners have no responsibility to you or to any third party) for any data, content, or resources that you transmit by using the Services or the Partner Services, and for the consequences of such actions, including any loss or damage which we, our Partners or any other third party may suffer.

Use of all or parts of the Services may require additional identity verification in our sole discretion. You agree to provide all information requested by GIG-A or its Partners in order to verify your identity, and your failure to do so may result in GIG-A or its Partners declining or ceasing to provide any or all of the services to you. You agree that the Services are to be used only for your personal use.

4.2 Prohibited Use

By using the Services and the Partner Services, you agree not to:

●        Use or access the Services and the Partner Services for any unlawful purpose, or in any manner inconsistent with these Terms of Use or the Partner Agreements;

●        Attempt to gain unauthorized access to any other GIG-A customer’s GIG-A Account or allow a third party access to your GIG-A Account.

●        Infringe GIG-A or its Partner’s intellectual property rights, or those of any third party in relation to your use of the Services or the Partner Services;

●        Transmit any communications that is defamatory, offensive, or otherwise objectionable in relation to your use of the Services and the Partner Services;

●        Damage, disable, overburden, modify, tamper, impair or compromise GIG-A or any third party’s systems or security or interfere with other users;

●        Collect or harvest any information or data from the Services or the Partner Services or any applicable systems or attempt to decipher any transmissions to or from the servers running the Services or the Partner Services;

●        Reverse engineer, decompile or attempt to discover the source code of the Services, Partner Services, App, or Website;

●        Provide GIG-A or its Partners with any false, inaccurate or misleading information;

●        Intercept or monitor, damage, or modify any communication which is not intended for you;

●        Sell, rent, lease, distribute, market, or use the Services and the Partner Services for any commercial purpose; and

●        Remove, obscure, or alter GIG-A’s or any of its Partner’s copyright notices, trademarks, or other proprietary rights contained within the Services, Partner Services, App, or Website.

We are entitled to, in our sole discretion, immediately without prior notice, suspend the provision of the Services and Partners Services (or any part thereof) or terminate these Terms of Use if we determine that you are using the Services or the Partners Services or otherwise acting in breach of these Terms of Use or the Partner Agreements, or for the purpose of protecting you, GIG-A, or its Partners. The aforesaid does not limit any other rights that we may have under these Terms of Use, Partner Agreements, or applicable law.

5. Legal and Miscellaneous

5.1 Assignment

We may assign all or part of our rights and/or obligations under these Terms of Use without notice to you (the same right applies for our Partners in relation to the Partner Agreements). You are not allowed to assign any rights or obligations under these Terms of Use or any Partner Agreement to any third party without our prior written consent.

5.2 Limitation of Liability

In no event shall we, nor shall our affiliates or Partners or any other service provider who furnishes services in connection with the Services or the Partner Services (or officers, directors, employees, agents of the aforesaid entities), to the maximum extent permitted by applicable law, be liable for any direct, indirect, consequential, special, punitive or incidental damages, including without limitation damages for loss of money, data, goodwill, reputation, profits, business information or interruption, or other intangible losses, that result from the use of or inability to use the Services or the Partner Services or otherwise arise under or in connection with these Terms of Use or the Partner Agreements, even if it has been advised of the possibility of such damages.

In any event, to the extent permitted by law, you agree that GIG-A and each of its Partner’s (and each of the other aforementioned third party’s) total and aggregate liability to you (whether in contract, tort including negligence, warranty, or otherwise) for any and all damages, costs or losses that arise in connection with the use of or inability to use the Services and/or Partner Services, or otherwise arise under or in connection to these Terms of Use or any Partner Agreement, shall not in any circumstance exceed the amount actually paid by you to GIG-A or its Partners for the Services and Partners Services during the most recent theree (3) months prior to the date of the event giving rise to the relevant claim, however subject to a maximum limitation of JPY 100,000.

5.3 Indemnity

You agree to indemnify, defend and hold GIG-A and its Partners harmless, including GIG-A and its Partners’ subsidiaries, affiliates, officers, directors, employees, agents and service providers, from and against any and all claims, damages, costs, losses, demands, tax assessments, judgments, governmental investigation or enforcement action, penalties, interest and expenses (including without limitation reasonable attorneys’ fees) made by any third party due to, arising out of or relating to:

●        Your access to and use of the Services and the Partner Services;

●        Your violation of any of the terms and conditions of these Terms of Use and/or any Partner Agreement (including actual or alleged breach of your representations and warranties), or any applicable law or regulation;

●        Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right;

●        Any other party’s access and/or use of the Services and/or the Partner Services with your unique name, password or other appropriate security code; or

●        Any disputes or issues between you and any third-party. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

5.4 Applicable Law and Jurisdiction

These Terms of Use shall be governed by the laws of Japan.

Any claim, dispute, or controversy (“Claim”) between you and us, including our successors, affiliates or assignees as well as any other third party, arising out of or relating in any way to these Terms of Use, your use of the Services or otherwise, no matter how described, pleaded or styled, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The place of arbitration shall be Tokyo, Japan.

Arbitration of your Claim is mandatory and binding. Neither you nor we will have the right to litigate such a Claim through a court. In arbitration, neither you nor we will have the right to a trial by judge or jury.

We will pay the initial filing fee to commence the arbitration.

You and we will have every remedy available in arbitration as you and we would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this agreement shall be made finally and exclusively by the arbitrator. The arbitrator’s award will be binding and final.

No class action, or other representative action, or private attorney general action, or joinder or consolidation of any Claim with a claim of another person shall be allowable in arbitration.

This arbitration provision shall survive: (i) the termination of this agreement; (ii) the bankruptcy of either party hereof; and (iii) any transfer, sale or assignment of the amount of your obligation to another person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.

If you do not agree to the terms of this arbitration agreement, do not use the Services or any Partner Services, notify the GIG-A Customer Support immediately for termination of these Terms of Use and the Partner Agreements.

5.5 Entire Agreement

These Terms of Use represent the entire agreement between you and GIG-A relating to the use of the App, Website, your GIG-A Account and/or any other part of the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Services or any other subject matter covered by these Terms of Use. For the purpose of clarification, these Terms of Use supersede all offers, promises or similar made to you by GIG-A’s agents, representatives, or employees. These Terms of Use may not be modified or amended except as described herein.

If a court finds any provision of these Terms of Use or any Partner Agreement to be invalid or unenforceable for any reason, the remainder of these Terms of Use or such Partner Agreement shall continue in full force and effect.

If we or any Partner (as applicable) fail to insist that you perform any of your obligations under these Terms of Use or any Partner Agreement, or if we or a Partner do not enforce our rights against you, or if we delay in doing so, that will not mean that we or the Partner have waived our rights against you and will not mean that you do not have to comply with those obligations. If we or any of our Partners waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

5.6 Headings

Headings used in these Terms of Use or any Partner Agreement are for convenience purposes only and shall not be deemed to limit or affect any provision of these Terms of Use.

5.7 Translations of the Terms of Use and the Partner Agreements

The official version of these Terms of Use is in the English language. Any translations are provided merely for convenience of the customers and shall not be legally binding. In the event of any conflict between a non-English language version and the English version, the English version shall prevail. The language of the Partner Agreements shall be determined by each Partner.

5.8 Force Majeure

You acknowledge and agree that if we and/or any of our Partners are unable to provide the Services and/or Partner Services as a result of a force majeure event, neither we nor our Partners shall be in breach of any of our obligations towards you under these Terms of Use and the Partner Agreements. A force majeure event means any event beyond the reasonable control of GIG-A and the Partners.

5.9 Intellectual Property Rights and Licenses

In consideration of you agreeing to abide by the terms and condition of these Terms of Use, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the App, the Website and other parts of the Services provided or made available to you by GIG-A or its Partners. You may download a copy of the App onto a device which you control and to view, use and display the App for your personal purposes only. We reserve all other rights.

In addition, your use of the App is subject to any rules or policies applied by Apple Inc. and/or Google Inc., or any other entity within the Apple or Google group (“Apple” and “Google”). We do not sell the App to you. We remain the owners of the App at all times.

You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software, the App, the Website or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.

The Software may contain open-source software. Any use, reproduction and distribution of components of the Software licensed under an open-source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, these Terms of Use shall apply with priority over such open source software license. You acknowledge that you have no right to have access to the Software or other parts of the Services (where applicable) in source-code form.

All ownership and intellectual property rights in or to the Software, the App, the Website or, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), patents, design rights, copyrights, trademarks, trade-secrets, and proprietary know-how, shall be owned by and vested in GIG-A, its Partners, or any third party licensors, and nothing in these Terms of Use shall constitute or be interpreted as a transfer of any such rights from GIG-A, its Partners, or any third party licensors, or anyone else.

You are, as stated above, solely entitled to the limited license to the Services specifically granted under these Terms of Use. For the purpose of clarification, nothing in these Terms of Use gives you a right to use any of GIG-A or its Partners’ trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the Services or the Partner Services provided to you.

The licenses granted to you as described in this Article will terminate automatically in the event of termination of these Terms of Use. Furthermore, we have the right to, in its sole discretion, at any time remove any materials posted to the Website.

5.10 Your Submission of Feedback

You agree to provide us, on a non-exclusive and non-confidential basis, any comments, suggestions, feedback, documents, content or other materials or information that you provide, share or publish to GIG-A or its Partners in connection with your use of the Services or the Partner Services in any way, including through the use of blogs, email, customer support features, or other means.

You grant us a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any such material or information (as a matter of course subject to our and our Partners’ privacy policies). You acknowledge that you are responsible for whatever material or information is provided by you, including its legality, reliability, appropriateness, originality, and copyright.

5.11 Disclosure of Information

We reserve the right at all times to disclose any data or information (in any form) as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in our sole discretion. For more details, please review our privacy policy.

5.12 No Warranties

You acknowledge that you are solely responsible for any and all acts and results of your use of the Services and the Partner Services. You expressly acknowledge and agree that the entire risk as to the quality, performance, accuracy and effort involved in the Services and the Partner Services rests with you, and that if you receive any inquiries or complaints from third parties regarding the use of the Services, you shall handle and resolve them at your own responsibility and expense.

To the maximum extent permitted by applicable law, the Services and the Partners Services are provided on an “as is” and “as available” basis, and we make no warranties whatsoever. We hereby disclaim all warranties and conditions with respect to the Services and the Partners Services, whether express, implied or statutory, including, but not limited to, the implied warranties and conditions of merchantability, quality, fitness for a particular purpose, accuracy, and non-infringement of third party rights.

We do not warrant against interference with your enjoyment of the Services or that the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction. Additionally, you also understand that we cannot guarantee that information or communications transmitted in relation to the use of the Services will not be subject to interception by law enforcement officials or other third parties.