TERMS AND CONDITIONS
Effective Date: August 28, 2024
These Terms and Conditions ("Terms") govern your use of the platform accessible via www.gigon.ai and its associated WhatsApp API/chatbot interface (collectively, the "Platform"), provided by Gigon AI Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at T-Hub 2.0, Hyderabad Knowledge City, Serilingampally, Hyderabad, Telangana 500081, India ("Gigon", "we", "us", or "our"). The Platform facilitates connections between users and independent third-party service providers ("Vendors") free of charge. These Terms incorporate our Privacy Policy, available at www.gigon.ai/privacy-policy, and any supplemental guidelines, policies, or disclaimers issued by us from time to time ("Supplemental Terms"), which form an integral part of these Terms. In case of conflict, the Supplemental Terms prevail with respect to applicable services.
These Terms constitute a binding legal contract between Gigon and you, a user of the Platform, whether a service requester or Vendor ("you" or "User"). By accessing or using the Platform, you represent that you have the legal capacity and authority to agree to and be bound by these Terms. If you represent another person or entity, you confirm you have the authority to bind them. If you do not agree to these Terms or lack such authority, you must immediately cease using the Platform. These Terms supersede any prior agreements with you regarding Platform use.
1. Services
1.1 The Platform enables you to connect with Vendors for arranging and scheduling services ("Vendor Services") through AI-driven matching and WhatsApp-based communication, provided free of charge. Gigon acts solely as a digital facilitator and does not provide, control, or assume liability for Vendor Services, which remain the sole responsibility of Vendors. Gigon does not employ, represent, or endorse Vendors, nor are Vendors agents, contractors, or partners of Gigon. No employment, partnership, or agency relationship is created by these Terms.
1.2 The Platform is intended for personal, non-commercial use within India, unless otherwise agreed in writing by Gigon. Use outside India is subject to applicable jurisdictional terms.
1.3 You must be at least 18 years old and have legal capacity to enter into contracts to use the Platform. You may be required to provide identification proof to access certain features, and failure to comply may result in restricted access.
1.4 Gigon reserves the right to modify Platform features or discontinue services at its discretion, without liability, provided such changes comply with the Privacy Policy and applicable laws.
2. Permitted Use
2.1 You shall use the Platform solely for lawful purposes and in compliance with applicable laws. You shall not: (a) solicit, promote, or facilitate illegal, harmful, obscene, or fraudulent activities, including services involving controlled substances or violence; (b) reverse-engineer, scrape, or data-mine the Platform; (c) misrepresent services as illegal or prohibited; (d) exploit the Platform or Users in a manner causing loss, injury, harassment, or reputational harm; (e) bypass Gigon’s facilitation layer to engage Vendors directly without prior written consent; or (f) engage in excessive messaging or misuse that disrupts Platform performance.
2.2 Gigon may restrict, suspend, or terminate your access, including blocklisting per Clause 10, for violations of this Clause, without liability.
3. User Content
3.1 The Platform enables Users with registered accounts to submit service requests, responses, reviews, or messages via the WhatsApp Interface ("User Content").
3.2 For quality control, Gigon may request reviews about Vendors, and Vendors may review you. Reviews must be honest, accurate, and not misleading. Gigon may restrict or terminate access for Users deemed inappropriate, without liability.
3.3 By submitting User Content, you grant Gigon a non-exclusive, worldwide, royalty-free, transferable license to use, store, process, display, and transmit User Content for Platform operations, including service matching and analytics, during your Platform use. Upon account termination, this license ceases, except for anonymized data retained per the Privacy Policy.
3.4 You are solely responsible for the legality and appropriateness of your User Content. Gigon, as a facilitator, disclaims liability for User Content or its misuse, pursuant to its intermediary status under applicable laws.
3.5 Gigon may remove or restrict User Content that violates these Terms or applicable laws, without notice or liability.
4. Bookings
4.1 You may submit service requests to connect with Vendors via the WhatsApp Interface or www.gigon.ai, subject to availability and message limits. You must provide accurate information to facilitate matching. Gigon uses reasonable efforts to match you with a Vendor but does not guarantee availability.
4.2 Gigon will confirm requests via the WhatsApp Interface, provided you have opted in to communications per Clause 9. If a Vendor is identified, you will receive confirmation, including Vendor contact details, only with mutual consent. Gigon will contact you only if you explicitly request a callback.
4.3 Requests cancelled before Vendor confirmation incur no charges. Gigon may cancel or reject requests that violate these Terms or applicable laws, without liability.
4.4 If a matched Vendor is unavailable, Gigon may attempt to match another Vendor, but is not liable for failure to do so.
4.5 Gigon disclaims all liability for Vendor Services, their availability, or quality.
5. Conduct
5.1 Gigon prohibits discrimination against any User based on race, religion, caste, gender, disability, sexual orientation, age, or other characteristics protected under Indian law.
5.2 You shall interact with Users and Gigon respectfully and lawfully. Gigon may restrict, suspend, or terminate your access, including blocklisting per Clause 10, for discourteous, abusive, harassing, or unlawful conduct, without liability.
5.3 You are solely responsible for your conduct and User Content. Gigon disclaims liability for User conduct or misuse of User Content.
5.4 If you experience or observe inappropriate conduct, you are encouraged to report it to hello@gigon.ai promptly. Gigon may investigate but is not obligated to act on every report.
6. Responsibilities
6.1 You represent that all information provided, including WhatsApp number and service requests, is accurate and current. You shall notify Gigon at hello@gigon.ai of any changes. Gigon disclaims liability for losses from inaccurate or misleading information.
6.2 You shall not bypass the Platform to engage Vendors directly without Gigon’s consent. This protects Platform integrity and does not prevent seeking services through lawful means.
6.3 You shall not disrupt the Platform, including by attempting unauthorized access or violating message limits. Violations may result in restricted access or blocklisting, per Clause 10.
7. Warranty Disclaimer
7.1 The Platform is provided “as is” and “as available,” without warranties of any kind, including merchantability, fitness for a particular purpose, or non-infringement. Gigon does not guarantee the quality, safety, legality, or reliability of Vendor Services or transactions.
7.2 Gigon does not warrant uninterrupted, secure, or error-free Platform operation, and Users assume all risks associated with its use.
8. Limited Liability
8.1 Gigon, its affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from: (a) use or inability to use the Platform; (b) Vendor Services; (c) User or third-party conduct; (d) unauthorized access to data; or (e) WhatsApp or third-party platform disruptions, pursuant to its intermediary status under the Information Technology Act, 2000.
8.2 As a free platform, Gigon disclaims all monetary liability. All risks are borne by you.
8.3 If a court holds Gigon liable for gross negligence or willful misconduct, liability is limited to non-monetary remedies, such as injunctive relief.
9. Privacy
9.1 Gigon uses the WhatsApp API for service connections, subject to WhatsApp’s privacy policies. You consent to data processing (e.g., phone number, requests) by opting in via the WhatsApp Interface, per the Digital Personal Data Protection Act, 2023. Contact numbers are shared between Users only with mutual consent. You may opt out and request data deletion by notifying hello@gigon.ai, with deletion processed promptly, per applicable laws.
9.2 Gigon implements reasonable security measures but disclaims liability for data breaches or misuse on WhatsApp or third-party platforms. Gigon will notify you of breaches promptly, as required by law.
9.3 Gigon may use anonymized, aggregated data for platform improvement and maintain interaction logs as required by law, disclosing them only under valid governmental orders.
10. Term & Termination
10.1 These Terms remain in effect until terminated. You may terminate by notifying hello@gigon.ai or deleting your account, subject to outstanding obligations. Changing your registered mobile number requires creating a new account.
10.2 Gigon may restrict, suspend, or terminate your access, including blocklisting, at its discretion, without liability, if: (a) you violate these Terms; (b) you cease to be a User; (c) you are ineligible under applicable laws or Gigon’s policies; or (d) for business, legal, or regulatory reasons. Termination may be immediate for violations or upon reasonable notice otherwise.
10.3 Upon termination, your account and access expire. Retained data will be handled per Clause 9, and Gigon is not liable for losses. Clauses 5, 8, 9, and 11 survive termination.
11. Dispute Resolution
11.1 These Terms are governed by Indian law. Disputes arising from these Terms shall be resolved through arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by Gigon, conducted in Hyderabad, Telangana, in English.
11.2 You shall attempt amicable resolution by notifying legal@gigon.ai, and Gigon will respond with reasonable efforts. If unresolved, arbitration may proceed.
11.3 Gigon may seek injunctive relief in any court to protect its intellectual property or proprietary rights.
12. Modifications
12.1 Gigon may modify these Terms, with significant changes notified via WhatsApp, email, or www.gigon.ai at least thirty (30) days where feasible. Continued use constitutes acceptance.
12.2 You are responsible for reviewing updates. If you disagree, cease using the Platform.
13. Intellectual Property
13.1 All intellectual property rights in the Platform, its AI algorithms, and content are Gigon’s property, protected under the Copyright Act, 1957. You shall not copy, modify, or reverse-engineer the Platform without consent.
13.2 You grant Gigon a non-exclusive, royalty-free license to use your data for platform operation, subject to Clause 9.
14. Assignment
14.1 You shall not assign your rights or obligations under these Terms without Gigon’s written consent. Gigon may assign its rights to an affiliate or successor without consent, with notice via WhatsApp or email.
15. Entire Agreement
15.1 These Terms, with the Privacy Policy and Supplemental Terms, constitute the entire agreement between you and Gigon, superseding prior understandings. Amendments must be in writing by Gigon, per Clause 12.