GigToolbox

These Terms of Service ("Terms") govern your access to and use of the GigToolbox platform and related services (collectively, the "Service") provided by NULLBYTE AUTOMAÇÃO E DESENVOLVIMENTO LTDA, a Brazilian limited liability company (CNPJ 54.621.428/0001-80) ("Company," "we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Service.

1. Definitions

"Account" means your registered user account on the GigToolbox platform.

"Credits" means the virtual currency purchased through our platform to access and use our automation tools.

"Third-Party Platforms" means gig economy platforms (such as delivery, rideshare, or similar services) that our automation tools interact with.

"Tools" means the automation software and services we provide, including but not limited to Zifty bot, DeliverThat bot, and any future tools we may offer.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years old to use our Service. By creating an Account, you represent and warrant that you meet this age requirement.

2.2 Registration Requirements

To access our Service, you must:

• Provide accurate and complete registration information, including your first name, last name and valid email address
• Accept these Terms, our Privacy Policy, and any other policies provided in our Help center
• Maintain accurate and current Account information

2.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your Account credentials
• All activities that occur under your Account
• Immediately notifying us of any unauthorized use of your Account

3. Service Description

3.1 Our Tools

GigToolbox provides automation tools designed to assist gig workers, including:

• Automatic offer claiming and scheduling
• Safe order cancellation features
• Push notification features
• Other automation features as may be added from time to time

3.2 Third-Party Platform Integration

Our Tools require integration with Third-Party Platforms. To enable this integration, you must provide your login credentials for such platforms. We generate and store authentication tokens (but not passwords) to operate our Tools on your behalf.

3.3 Service Availability

We target 95% uptime for our Service. However, service availability may be affected by:

• Third-Party Platform outages, updates, or changes
• Scheduled or emergency maintenance
• Technical issues beyond our reasonable control

4. Payment Terms

Our Service operates on a subscription-based model. Detailed information about our pricing structure, billing cycles, and refund policies can be found in our Billing and Payment Policy.

By using our Service, you agree to pay all applicable fees as described in our Billing and Payment Policy. All payments are processed through Stripe, and by making a purchase, you agree to Stripe's terms of service and privacy policy.

5. User Obligations and Conduct

5.1 Compliance with Laws

You agree to:

• Comply with all applicable local, state, national, and international laws and regulations
• Use our Service only for lawful purposes
• Not engage in any activity that violates the rights of others

5.2 Third-Party Platform Compliance

IMPORTANT NOTICE: Our Tools may violate the terms of service of Third-Party Platforms. You acknowledge and agree that:

• You assume all risks associated with using our Tools
• You are solely responsible for any consequences, including account suspensions or bans on Third-Party Platforms
• We are not responsible for any actions taken by Third-Party Platforms against your accounts

5.3 Prohibited Conduct

You may not:

• Share your Account credentials with others
• Attempt to circumvent or disable our security measures
• Reverse engineer, decompile, or attempt to extract source code from our Tools
• Use our Service to harass, spam, or abuse others
• Exploit bugs, glitches, or vulnerabilities in our Service
• Use our Service in any manner that could damage, disable, or impair our systems

5.4 Community Standards

When participating in our Discord server or other community features, you must maintain professional and respectful conduct at all times.

6. Intellectual Property

6.1 Our Rights

The Service, including all software, documentation, designs, graphics, and other materials, is owned by us and protected by intellectual property laws. All rights not expressly granted to you are reserved.

6.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Service solely for your personal, non-commercial use and in accordance with these Terms.

6.3 User-Generated Content

You retain ownership of any content you submit to our Service. However, by submitting content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display such content in connection with operating our Service.

7. Disclaimers and Limitations of Liability

7.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties, express or implied, including but not limited to:

• Merchantability, fitness for a particular purpose, and non-infringement
• Uninterrupted or error-free operation
• Accuracy, reliability, or completeness of content

7.2 No Income Guarantees

WE DO NOT GUARANTEE INCREASED INCOME OR EARNINGS from using our Tools. Any references to potential benefits are possibilities, not promises or guarantees.

7.3 Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claims arising from or relating to these Terms or the Service shall not exceed the amount you paid us in the 3 months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We are not responsible for any losses resulting from Third-Party Platform actions, including account suspensions or bans

7.4 Third-Party Risks

You acknowledge and assume all risks associated with:

• Violations of Third-Party Platform terms of service
• Third-Party Platform policy changes that affect our Tools
• Technical issues or outages affecting Third-Party Platforms

8. Account Termination

8.1 Termination by You

You may terminate your Account at any time through your user dashboard. Upon termination:

• Your access to the Service will cease immediately
• Your personal data will be deleted in accordance with our Privacy Policy
• Any remaining Credits will be forfeited without refund
• This action is irreversible

8.2 Termination by Us

We may terminate or suspend your Account immediately, without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of our Service or community guidelines
• Any other reason at our sole discretion

9. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• The updated Terms will be posted on our website with a new "Last Updated" date
• Continued use of the Service after changes constitutes acceptance of the modified Terms
• We may, but are not required to, notify you of material changes

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of Brazil, specifically the laws of the State of São Paulo, without regard to conflict of law principles.

10.2 Dispute Resolution Process

Any dispute arising from or relating to these Terms or the Service shall be resolved as follows:

Step 1 - Mediation: The parties will first attempt to resolve the dispute through mediation with a neutral mediator. Mediation may be conducted in São Paulo, Brazil, or through an agreed-upon online platform. Mediation costs will be shared equally.

Step 2 - Arbitration: If mediation fails, the dispute will be submitted to binding arbitration under the Brazilian Arbitration Act. The arbitration may be conducted in São Paulo, Brazil, or through an agreed-upon online platform. The arbitrator's decision will be final and binding.

10.3 Exceptions

Nothing in this section prevents either party from seeking injunctive relief in court to protect intellectual property rights or prevent irreparable harm.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service.

11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

11.3 No Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

11.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

12. Contact Information

For questions about these Terms or our Service, please contact us through the means provided in our Help center.

Company Information: NULLBYTE AUTOMAÇÃO E DESENVOLVIMENTO LTDA; CNPJ: 54.621.428/0001-80; São Paulo, Brazil