Terms of Service

1. Introduction

Welcome to Gigpie ("Gigpie," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our online tutoring and coaching platform, including our website, mobile applications, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

These Terms apply to all users of our platform, including administrators, coaches, parents, students, and other authorized users within educational organizations. If you are entering into these Terms on behalf of an educational organization, you represent that you have the authority to bind that organization.

2. Definitions

For the purposes of these Terms:

• "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials
• "Educational Organization" means schools, tutoring centers, coaching businesses, or other educational entities that use our Service
• "User" means any individual or entity that accesses or uses our Service
• "User Content" means any Content that a User submits, posts, or transmits through our Service
• "Platform" means our online tutoring and coaching management system

3. Account Registration and Eligibility

3.1 Account Creation

To use certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Be responsible for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Eligibility

You must be at least 18 years old or have parental consent to use our Service. Educational organizations must ensure all users meet applicable age requirements.

3.3 Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited activities.

4. Service Description

4.1 Platform Features

Our Service provides:

• Scheduling and calendar management
• Package and pricing management
• Payment processing through integrated providers
• Communication tools for families and coaches
• Reporting and analytics
• Video conferencing integration
• Progress tracking and session notes

4.2 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance or updates that temporarily affect service availability.

4.3 Third-Party Integrations

Our Service integrates with third-party services including Google Calendar, Microsoft Outlook, Zoom, and Stripe. Your use of these integrations is subject to their respective terms of service.

5. User Responsibilities

5.1 Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use the Service to harass, abuse, or harm others
• Share account credentials or access

5.2 Educational Content

Coaches and educational organizations are responsible for ensuring that all educational content and session materials comply with applicable laws and educational standards.

5.3 Data Accuracy

Users are responsible for the accuracy and completeness of information entered into the platform, including student data, scheduling information, and billing details.

6. Payment Terms

6.1 Fees

Our Service may require payment of fees as described on our pricing page or in separate agreements. All fees are non-refundable unless otherwise specified.

6.2 Payment Processing

Payments are processed through Stripe. By making a payment, you agree to Stripe's terms of service. We are not responsible for Stripe's actions or omissions.

6.3 Billing Disputes

Any billing disputes must be raised within 30 days of the charge. We will work with you in good faith to resolve legitimate disputes.

6.4 Late Payments

Late payments may result in service suspension or account termination. We reserve the right to charge interest on overdue amounts.

7. Intellectual Property

7.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Abrega, Inc. and are protected by copyright, trademark, and other intellectual property laws.

7.2 User Content

You retain ownership of User Content you submit to the Service. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content in connection with providing the Service.

7.3 License Restrictions

You may not copy, modify, distribute, sell, or lease any part of our Service or included software without our express written permission.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You acknowledge that the Service uses analytics and session replay tools (including Microsoft Clarity) to improve performance and usability; you will provide any required notices and obtain any required consents from end users in your organization, as applicable.

Educational organizations are responsible for complying with applicable privacy laws, including obtaining necessary consents for student data collection and processing.

9. Disclaimers and Limitations

9.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Educational Disclaimers

We do not provide educational services or guarantee learning outcomes. Educational organizations and coaches are solely responsible for the quality and effectiveness of educational services provided.

9.3 Limitation of Liability

IN NO EVENT SHALL ABREGA, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

Our total liability shall not exceed the amount paid by you for the Service in the twelve months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless Abrega, Inc. and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or transmit through the Service
• Your violation of applicable laws or regulations

11. Termination

11.1 Termination by User

You may terminate your account at any time by contacting us or using the account deletion features in the Service.

11.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for any violation of these Terms or for other conduct that we determine, in our sole discretion, is harmful to our Service or users.

11.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your account and data in accordance with our data retention policies.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12.3 Class Action Waiver

You agree to resolve disputes only on an individual basis and waive any right to participate in class actions or representative proceedings.

12. CHANGES TO TERMS

We reserve the right to modify these Terms at any time in our sole discretion. When we make material changes to these Terms, we will provide notice by:

• Sending you an email notification to the email address associated with your Account
• Posting a prominent notice on the Service
• Updating the "Last updated" date at the top of these Terms

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must cease using the Service immediately.

13. MISCELLANEOUS PROVISIONS

13.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall remain in full force and effect.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Abrega, Inc. regarding the subject matter hereof and supersede all prior agreements, understandings, and arrangements, whether written or oral.

13.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Abrega, Inc.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

13.5 Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond the reasonable control of such party.

13.6 Notices

All notices required or permitted under these Terms shall be in writing and delivered to the addresses specified in Section 14. Notices shall be deemed given when personally delivered, sent by certified mail, return receipt requested, or sent by email with delivery confirmation.

14. CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

For general inquiries: hello@gigpie.com