Terms of Service

Effective Date: March 2, 2020

PLEASE CAREFULLY READ THESE TERMS OF SERVICE.

BY ACCESSING AND USING THE SERVICE, YOU AGREE AND REPRESENT THAT YOU (I) HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT (II) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU AND THE USE OF THE SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, DO NOT USE THE SERVICE.

Changes to these Terms of Service

You understand and agree that we may change this Agreement at any time without prior notice, and that any changes to this Agreement will become effective upon the time of posting, unless otherwise stated by us in writing. Notification of changes to this Agreement will be posted on Gigantum Hub, and users will be notified of changes to this Agreement by the email associated with their Account. Use of the Service after such time will constitute your acceptance of the revised Agreement. In addition, certain features of the Service may be subject to additional terms of use, which you must accept to access and use such features.

Definitions

This “Agreement”

This “Agreement” refers to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Gigantum Privacy Policy, available at https://gigantum.com/privacy) and procedures that we may publish on the Gigantum Hub.

“Gigantum Hub”

"Gigantum Hub" refers to the website, https://gigantum.com and all subdomains, as well as all content, services, and products provided by Gigantum at or through such website or additional domains.

“Gigantum Client”

“Gigantum Client” refers to the MIT licensed application that is available for download via the Gigantum Hub and for local use only. This software is distinct from Gigantum Hub.

“Gigantum”, “We”, “Us,” “Our”

Gigantum is the DBA name of Gigantum, Inc. and the terms “Gigantum”, “we”, “us”, or “our” refer to Gigantum, Inc.

The “User” and “You”

The terms “user, you, your” all refer to the individual person, company, or organization visiting or using Gigantum Hub that access or use any part of an account; or that directs the use of an account in the performance of its functions. Users must be at least 16 years of age.

The “Service”

The “Service” or “Services” refers to all applications, software, products, and services provided by Gigantum, including the Gigantum Hub.

“Content”

“Content” refers, without limitation, to text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are stored or available on Gigantum Hub, or otherwise available through the Service.

“User Generated Content”

“User Generated Content” is any Content that is created by users and is stored or available on Gigantum Hub.

“Account”

“Account” refers to the Services and Content related to a user registering with Gigantum Hub via an email address and a user name.

Service; License

Subject to this Agreement, we will use reasonable efforts to make the Service available to you and to permit you to remotely access and use the Service via the internet. Subject to your compliance with this Agreement, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service. You may access the Service for your information and for your personal use solely as intended through the provided functionality and as permitted under this Agreement.

Acceptable Use

Your use of the Service must comply with applicable laws and the terms of this Agreement, and you are responsible for ensuring that your use and behavior comply. Any user violating the terms of acceptable use may have their Account temporarily locked or permanently suspended. It is at our sole discretion to determine if you are violating the following guidelines for acceptable use. In addition to the other terms in this Agreement, while using the Services you agree to:

  1. Comply with all applicable law, including, without limitation, federal and state laws, including copyright, trademark, and applicable export controls.
  2. Not interfere, disrupt or tamper with, or attempt to gain unauthorized access to, the Service, Gigantum Hub, or the activity of other users of the Services and Gigantum Hub. The prohibited activities include, but are not limited to, gaining unauthorized access to Gigantum Hub or to another user’s Account, upload of any malicious code or files, the automation of bulk activity, and circumventing, disabling or otherwise interfering with the security-related features that prevent or restrict use or copying of any information.
  3. Not copy, replicate, transcribe or reproduce the “look and feel” of Gigantum Hub or the Service, or any of its features and functionalities, or link to, mirror or frame any portion of Gigantum Hub or the Service.
  4. Not delete or alter any Content on Gigantum Hub that Gigantum makes publicly available except as permitted by the functionality of the Services.
  5. Not use the Services or the Gigantum Hub for any form of automated bulk activity, such as spamming, advertising, solicitation, or exploit delivery.
  6. Not use a spider, robot or any other automated means to access, view or retrieve information from Gigantum Hub or the Service.
  7. Not modify, prepare derivative works based upon, relicense, reproduce, duplicate, copy, distribute, sell, resell, lease, loan, transfer or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
  8. Not harass, stalk, abuse, threaten, or incite violence towards any individual or group.
  9. Not violate the privacy of any third party or post any personal information without consent.
  10. Not provide false personal information, create a false identity, or impersonate another person or entity for use of the Services.
  11. Not use or exploit trademarks or proprietary Content in any way that is not expressly authorized by the owners of the trademarks and Content.
  12. Not post objectionable content. This includes: illegal content; content infringing on the proprietary rights of another party; graphic, violent, sexual or obscene content; discriminatory or abusive content.

Ownership of Gigantum Hub and the Service

While the Gigantum Client is free and open sourced under an MIT license, the Gigantum Hub and the associated Services are proprietary to us. As between you and Gigantum, we retain ownership of all intellectual property rights in and to the Services and Gigantum Hub, and we reserve all rights that are not expressly granted to you under this Agreement or by law. You may not duplicate, copy, or reuse any portion of the look and feel of the website or visual design without express written permission from us.

Trademarks

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Gigantum, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.

Copyright

The entire contents of this Web site are subject to copyright protection. Copyright © 2020 Gigantum, Inc. The contents of this Site may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Gigantum. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Gigantum, or any third party.

User Generated Content

We claim no intellectual property rights over the User Generated Content that you create and share using the Service, and you retain copyright and any other rights that you already hold. You are responsible for protecting those rights, as appropriate, as well as for any harm resulting from User Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of its form. We have the right but not the obligation to remove any User Generated Content that, in our sole discretion, violates any of our terms or policies.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

Public Content

By publicly submitting, posting or displaying Content through the Services, you are effectively publishing it, in that you agree to allow others to view and copy such Content, and you agree that Gigantum is not responsible for any display or misuse of such Content. Furthermore, by doing so you grant us and our legal successors a worldwide, royalty-free, and non-exclusive license to use, make derivative works of, reproduce, adapt, modify, translate, publish, perform, display and distribute and otherwise use such Content for the purposes of advertising of our Service, sharing it with other users, storage for providing services, development and presentation of index and search capabilities, analysis and improvement of services and security procedures. This license does not grant us the right to sell your Content or otherwise distribute or use it outside of the provision and advertisement of the Service. When you set your Content to be viewed publicly, you grant each Gigantum user a non-exclusive, worldwide license to reproduce, use, and display such Content through the Service. You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. If you upload Content that you do not own, then you are responsible for ensuring that such Content is licensed under terms that grant these permissions to us and other users.

Private Content

Accounts may have private Content, and the owner of such an Account can share the private Content with other users. Private Content is confidential to you and to whomever you choose to share it with, and we will protect such Content from unauthorized use, access and disclosure. However, we are not responsible or liable in the case that a third party with whom you shared your private Content does not keep it private and confidential.

We will only access such private Content in the situations outlined below:

  • For support, when you request it
  • For security reasons
  • For product improvement and user recommendations, except in cases where you opt out of such services
  • When we have reason to believe such Content is in violation of the law or the terms of this Agreement

In all cases of our access to private Content, Gigantum will treat such Content as confidential, except as when required by law.

Copyright Violation

Gigantum will respond to reports of alleged copyright infringement. If you are concerned about the use of your copyright or that your copyright has been violated by information available on Gigantum Hub or the Service, please contact us by emailing copyright@gigantum.com.

Accounts

Account Requirements and Information

To have an individual Account, you must:

  • Sign up with a valid email address
  • Create a valid username and password
  • Accept the terms in this Agreement
  • Be a living human being of age 16 or older

When you create an account, you ensure that all Account information that you provide to us is accurate, complete and not misleading. You are responsible for the security of the password to your Account, and you are responsible for any Content and activity associated with your Account. If you become aware of a potential security breach, such as the unauthorized disclosure or use of your username and password, you must promptly notify Gigantum by emailing support@gigantum.com. Gigantum will not be liable for any loss or damage from your failure to comply with this security obligation.

Additionally, Gigantum usernames are provided on a first-come, first-serve basis, and we reserve the right to deny or reclaim usernames at our sole discretion, and inactive Accounts may be renamed or removed at our discretion. Usernames must not violate trademark rights or be an attempt to impersonate another person or entity. Squatting, selling, bartering, or soliciting of usernames is not allowed. Users that violate these terms may have their Account permanently terminated.

Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information We may send. However, you may opt out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send.

You also agree to receive essential notifications about your account, including notices about resource and usage limits, changes to our terms of service, account termination, and other crucial information without the ability to opt out. You may not opt out of them while you have an account, but these emails will cease on account termination.

Accounts

To use the Services, you must sign up for an Account. Any individual user can maintain at most one Account, and the associated login may only be used by that user. If we determine that you are operating more than one Account, then we may terminate your access to the Services and suspend you from creating another Account, without the opportunity for redress by you.

Cancellation and Termination

You are solely responsible for canceling your Account, and you can do this at any time by requesting that we cancel your account. An email or phone request to cancel your Account will not suffice. Currently you must submit a request to delete all of your data here.

Upon cancellation, your Content that has been copied by other users will not be deleted, and we will retain your full profile and data in backup for at least 5 days. After this 5 day period, your information will be deleted and will not be able to be recovered.

This 5 day grace period can be extended by special arrangement, but we reserve the right to make the extension at our discretion, and we make no guarantees it will work. To extend the grace period, send an email to support@gigantum.com with the subject heading “Extend Retention Period” and someone will contact you about the issue within 2 days.

At our sole discretion, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

Use of the Gigantum Client

The Gigantum Client is available under an MIT license and can be downloaded and built from our GitHub repository (https://github.com/gigantum) and freely used. However, downloading and installing the Client in the context of these Services requires you to agree to these Terms of Use when you first create your account.

Termination Due to Inactivity

We reserve the right to terminate accounts at our discretion that have been inactive for substantial periods of time, and this termination will result in full profile and data deletion. Prior to termination, two notification emails will be sent to the email address on file for the account, and 5 days after the last notification email the account will be terminated if there is no activity or response by the user.

Storage Limits on Gigantum Hub

Gigantum tracks storage usage to enforce limits imposed by your current free or paid plan. The limits included in free and paid plans are subject to change at our discretion upon 30 day notice. Users can exceed their storage limit for a brief period of time, and will receive daily warning emails to the email address on file with respect to being over the limit. Users can reduce their online storage in a variety of ways, the easiest being by deleting Projects and Datasets from Gigantum Hub. Once notified by email, users will have 15 days to reduce their storage utilization to under the current account limit, upgrade to a paid plan with a higher storage limit, or purchase additional storage capacity. After 15 days, Projects and Datasets will be deleted starting from the oldest to the most recently modified until the user’s storage utilization is under their account storage limit.

Payment

Pricing

Our pricing is available at gigantum.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

Changing Your Plan

We will immediately bill you when you upgrade to any paid plan. You may change your level of service at any time by going into your Account page. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. If you upgrade to a higher level of service, the upgrade is effective immediately and a pro-rated refund will be applied for unused time on the previous level of service.

Billing

For monthly plans, the Service is billed in advance on a monthly basis and is non-refundable. Pro-rated credits and/or refunds may be applied at your next monthly billing event when switching between paid plans mid-month. There will be no refunds or credits for downgrades to the free plan, account cancellations, or months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

By agreeing to these Terms, you are giving us permission to charge your on-file credit card.

Responsibility for Payment

You are responsible for all fees, including taxes if applicable, associated with your use of the Service. By using the Service, you agree to pay Gigantum any charge incurred in connection with your use of the Service. If you dispute the matter, contact support@gigantum.com. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

General Terms and Conditions

Changes to the Terms of Service

The terms of this Agreement govern your use of the Service and constitute the entire agreement between you and Gigantum. This Agreement supersedes any prior agreement between you and Gigantum. Any failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement may only be modified by a written amendment signed by an authorized representative of Gigantum, or by posting of a revised version.

Term and Termination

This Agreement will become effective and binding when accepted by you as set forth above and will end when your subscription ends or when this Agreement is otherwise terminated as provided herein. In addition, we have the option to immediately terminate your rights under this Agreement (including your access to the Service) if you fail to comply with your obligations under this Agreement. You understand that if you want to use the Service after termination of your Account, you may need to re-register and provide us with your information anew. We also reserve the right to limit or partially terminate or suspend the website, Gigantum Hub or your Account, prohibit access to Gigantum Hub, delay or remove content on Gigantum Hub, and take technical and legal steps to keep any users off of Gigantum Hub if we think you or they are creating possible legal liabilities, infringing intellectual property rights of third parties, or acting inconsistently with our policies. All provisions of this Agreement which should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification provisions, and limitations and exclusions of liability.

Electronic Communications

The communications between you and us will use electronic means, whether through Gigantum Hub, the Service or email. For contractual purposes, you (i) consent to receive communications from us in electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, or other communications that we provide you electronically satisfy legal requirements that such communications would satisfy as if it were in writing on paper.

Modification to the Service

We reserve the right to modify Gigantum Hub or the Service at any time without notice, although no modification will materially diminish the benefits then-enjoyed by your subscription. We also reserve the right to discontinue Gigantum Hub or the Service at any time.

Jurisdiction and Governing Law

The terms of this Agreement are between you and Gigantum. Applicable federal law and the laws of the State of Delaware will apply to any disputes arising out of or relating to the terms of this Agreement, and such disputes will be litigated in the federal or state courts of the State of Delaware, United States of America. Any user that chooses to access or use Gigantum Hub from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws to the extent local laws are applicable.

Warranty Disclaimer

Your access to, and use of, the Services, Content, and Gigantum Hub are at your own risk, and we provide them “AS IS” and “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, ACCURACY OF DATA, AVAILABILITY, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

We do not warrant that the Service will meet your requirements. We disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You assume full responsibility and risk of loss resulting from the use of the Services or your downloading and/or use of files, information, Content or other material obtained from the Service.

Limitations of Liability and Release

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages (including, without limitation, damages for lost profits, revenue, loss of use or other economic advantage, or loss of data), however arising, whether based on contract, tort, including, without limitation, negligence, strict liability, or other legal theory, whether or not such damages were foreseeable, that result from:

  • The use, disclosure, or display of your User Generated Content;
  • Your use of, or inability to use the Service, Gigantum Hub, or Gigantum Client;
  • Any modification, price change, suspension or discontinuance of the Service;
  • The Service generally, or the software or systems that make the Service available;
  • Unauthorized access to or alterations of your transmissions or data;
  • Statements or conduct of any third party on the Service;
  • Any other user interactions that you input or receive through your use of the Service; or
  • Any other matter relating to the Service, Gigantum Hub, or Gigantum Client.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Any dispute you have with any third party (including any users) in connection with your use of the Services, Content, or Gigantum Hub is directly between you and such third party, and you agree to release us from any and all claims, demands, and damages of every kind, known and unknown, coming from such a dispute.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Gigantum, and our affiliates, subsidiaries, and licensors, and their respective directors, officers, agents, contractors and employees, from and against any claims, losses, damages, demands, penalties, costs, fees (including, without limitation, reasonable attorneys’ fees) arising from (i) any third-party claim on your User Generated Content, (ii) your use of the Service (including any actions taken by a third party using your Account) or (iii) your violation of this Agreement.

Unavailability

You acknowledge that Gigantum Hub or the Service may, from time to time, be unavailable due to events like scheduled or unscheduled maintenance, system upgrades, internet outages, and other reasons, some of which are beyond our control. We cannot, and do not, guarantee any specific minimum availability of Gigantum Hub or the Service. You hereby expressly permit us or our authorized contractors to access your Account to investigate and diagnose actual or potential defects or other technical problems with Gigantum Hub or the Service.

Links to Third-Party Sites

Links on Gigantum Hub to any third-party websites or information are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party website, or the information contained therein. We are not responsible for the availability of any such websites. We are not responsible or liable for any such website or the content thereon. If you use these links, you will leave the Gigantum Hub and will be subject to the terms of use and privacy policy applicable to those websites.

Assignment; Severability; No Waiver

You may not assign, delegate or transfer your rights and obligations according to this Agreement, or your Account, in any way (by operation of law or otherwise) without our prior written consent. Any purported assignment in violation of this Agreement shall be null and void. We may transfer, assign, or delegate our rights and obligations under this Agreement without consent. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. Any failure on our part to enforce any provision of this Agreement will not constitute a waiver of our right to enforce such provision nor will it serve as a continuing waiver.

Contact Us

If you have any questions about these Terms of Service, please contact us by emailing support@gigantum.com.