1. Acceptance of Terms
By accessing or using GigsPool (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform. These Terms apply to all visitors, clients, and talent professionals who use GigsPool.
2. Description of Service
GigsPool is an online marketplace that connects clients ("Clients") with skilled professionals ("Talent") who offer services through the Platform. GigsPool facilitates the discovery, booking, and payment for those services but is not a party to any service agreement between Clients and Talent. GigsPool does not employ Talent and is not responsible for the quality, safety, or legality of the services offered.
3. User Accounts
You must create an account to access certain features of the Platform. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at legal@gigspool.com if you suspect any unauthorized use of your account. GigsPool reserves the right to suspend or terminate accounts that violate these Terms.
4. Talent Eligibility and Vetting
To list services on GigsPool as Talent, you must apply and be accepted through our vetting process. GigsPool reviews credentials, portfolio quality, and professional history before approving any Talent profile. Approval is at GigsPool's sole discretion. GigsPool may remove or suspend any Talent profile at any time without prior notice if we determine that the Talent has violated these Terms or otherwise poses a risk to the integrity of the Platform.
5. Bookings and Payments
When a Client books a service, the Client agrees to pay the published price for that service. Payments are processed securely through our third-party payment provider (Stripe). GigsPool collects payment on behalf of Talent and remits the applicable portion to Talent after deducting our service fee. All fees are disclosed at the time of booking. Talent are responsible for any applicable taxes on their earnings. GigsPool is not liable for payment failures resulting from Client-supplied payment information errors.
6. Cancellations and Refunds
Cancellation and refund policies are determined by individual Talent and disclosed on their profile. In the event of a dispute, GigsPool may, at its sole discretion, offer a re-session credit, partial refund, or full refund as part of its Satisfaction Guarantee program. GigsPool's Satisfaction Guarantee decisions are final. Clients who abuse the refund process may be suspended from the Platform.
7. Prohibited Conduct
You agree not to: (a) use the Platform for any unlawful purpose; (b) circumvent GigsPool's payment systems by arranging off-platform transactions; (c) post false, misleading, or fraudulent information; (d) harass, abuse, or threaten other users; (e) attempt to gain unauthorized access to any portion of the Platform; (f) use automated tools (bots, scrapers) to interact with the Platform without prior written consent; or (g) infringe any intellectual property rights of GigsPool or third parties.
8. Intellectual Property
GigsPool and its licensors own all rights, title, and interest in and to the Platform, including all software, designs, logos, and content created by GigsPool. You retain ownership of content you upload to your profile (portfolio samples, descriptions, etc.), but you grant GigsPool a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content for the purpose of operating and promoting the Platform.
9. Privacy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
10. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GIGSPOOL DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIGSPOOL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE PLATFORM. IN NO EVENT SHALL GIGSPOOL'S AGGREGATE LIABILITY EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID GIGSPOOL IN THE TWELVE MONTHS PRECEDING THE CLAIM.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction. You waive any right to participate in a class-action lawsuit or class-wide arbitration.
13. Changes to Terms
GigsPool reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and, where required by law, by sending an email to your registered address. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms.
14. Contact
If you have any questions about these Terms, please contact us at legal@gigspool.com.
Also see our Privacy Policy.
Questions? legal@gigspool.com