// LEGAL DOCUMENT

Terms of Use

Effective September 26, 2026 · Version 1.5

This document is provided for general information and to govern your use of the service. It is not legal advice. If you have questions about how it applies to you, write to legal@thegigapp.ca.

01Definitions

In these Terms of Use (these “Terms”), capitalized words have the meanings given below. Other capitalized terms are defined where they first appear.

  • “GIG”, “we”, “us” or “our” means The Gig App, the company that operates the Service from Ontario, Canada.
  • “Service” means the GIG software-as-a-service platform, the website at thegigapp.ca, the application programming interfaces, public pages, and all related applications, features, modules, and documentation that we make available.
  • “you”, “your” or “Customer” means the person who accepts these Terms and uses the Service and, where that person uses the Service on behalf of an Organization, the Organization itself.
  • “Organization” means a workspace account on the Service, together with its owner, administrators, and members, that subscribes to or uses the Service to coordinate its business, contacts, projects, finances, gigs, and events.
  • “Gig Worker” means an individual who maintains a personal or gig profile on the Service (with or without joining an Organization), including contractors, staff, freelancers, and other individuals listed in an Organization’s contractor pipeline.
  • “End Recipient” means any person who is not a registered user of the Service but who interacts with it through links, public pages, or submission forms, including public form submitters, gig RSVP and intake self-registrants, day-sheet responders, magic-link approval recipients, and profile-update link recipients.
  • “Content” means all data, text, files, images, records, contacts, projects, budgets, invoices, form responses, gig and event details, profiles, rate cards, and other materials that you or your users submit to, create in, generate through, or transmit via the Service.
  • “Personal Information” means information about an identifiable individual, as that term is understood under the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) and applicable provincial privacy laws.
  • “Connect Account” means an Organization’s connected payment account established through Stripe Connect, as described in the Payments & the GIG Platform section.

02Acceptance of these Terms & Eligibility

These Terms are a binding agreement between you and GIG. By checking the box presented at sign-up, by clicking “I agree” (or a similar control), and by accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms, by our Privacy Policy, by our Acceptable Use Policy, and, where you are an Organization, by our Data Processing Addendum, each of which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Service.

We record your acceptance — including the version of these Terms in effect, the date and time of acceptance, and your account identity — so that the agreement you accepted can be identified later. Your continued use of the Service following an update to these Terms also constitutes acceptance of the then-current Terms, subject to the Changes to these Terms section.

Eligibility. You must be at least the age of majority in your province or territory of residence (eighteen (18) years of age in Ontario) and have the legal capacity to enter into a binding contract. The Service is not directed to, and may not be used by, children under the age of majority.

Authority to bind. If you accept these Terms on behalf of an Organization, you represent and warrant that you are authorized to bind that Organization to these Terms, that the Organization accepts these Terms, and that you will ensure that each of the Organization’s users complies with them. References to “you” include that Organization.

// In plain terms — You agree to these Terms when you tick the box at sign-up and when you use GIG. We keep a record of which version you accepted and when. You need to be an adult, and if you are signing up for a company you must be allowed to commit that company.

03Accounts, Roles & Security

To use most features of the Service you must create an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for all activity that occurs under your account and credentials.

Roles. Within an Organization, access is governed by role — owner, administrator, employee, staff, or contractor — assigned through the Organization’s member links. The Organization’s owner and administrators control the Organization’s workspace, including the configuration of modules, the assignment and removal of member roles, the approval of contractors, billing, and the Content that the Organization’s members submit to or create within the workspace. Gig Workers may maintain a profile independently of any Organization, and may connect to or disconnect from Organizations.

Security. You must keep your credentials confidential, must not share access except through the role and invitation mechanisms provided in the Service, and must notify us promptly at security@thegigapp.ca if you suspect any unauthorized access to or use of your account. Authentication and certain links are delivered by email (including magic links and one-time sign-in links); you are responsible for the security of the email account associated with your account. We are not liable for losses arising from your failure to safeguard your credentials or your email.

Administrator authority. You acknowledge that the owner and administrators of an Organization can access, manage, modify, export, restrict, and delete the Content and account information of the Organization and its members, and can remove members. Where you participate in an Organization as a member, you direct your access, correction, and deletion requests regarding workspace Content first to that Organization, which controls that Content.

04The Service — Overview

GIG is a business-to-business platform for the gig and event economy. It provides an Organization with a workspace to manage its contacts and contractor pipeline (Entity), to build and optionally publish project information (Architect), to manage budgets, invoices, payments, payouts, and approvals (Finance), to build custom tables and charts (Data), to publish forms and receive submissions (Forms), to coordinate gigs and events with attendees (Gigs/Events), to maintain individual and gig profiles with rate cards (Profiles), and to receive in-app notifications. The specific features available to you depend on your account type and, for an Organization, on the subscription plan then in effect.

The following sections describe each module. For every module: (a) you may use the module only for lawful business purposes and in accordance with these Terms and the Acceptable Use Policy; (b) you are solely responsible for the Content you submit and for ensuring you have all rights, permissions, and consents necessary to submit it, including for any Personal Information about third parties; and (c) where a module lets you publish, share, or send Content to others, you acknowledge that doing so exposes that Content to the recipients you choose, and you are responsible for choosing your recipients and the scope of what you share.

05Module: Entity / Contacts

The Entity module lets an Organization maintain contacts, businesses, and a contractor pipeline, including names, emails, phone numbers, mailing and billing addresses, photos, biographies, custom fields, and designations. As between you and GIG, the Organization is the party that decides what records to create and what information to store about its contacts and contractors.

You represent and warrant that you have a lawful basis and, where required, the consent to collect, store, and use the Personal Information you enter into the Entity module, and that your use of that information complies with PIPEDA and other applicable privacy laws. You must keep contact information reasonably accurate, must not use it for purposes that the individual would not reasonably expect, and must respond to access, correction, and deletion requests from the individuals whose Personal Information you control. For Organizations, the allocation of privacy responsibilities is set out in the Data Processing Addendum.

06Module: Architect & Public Publishing

The Architect module lets you build projects composed of information-card blocks. You may choose to publish a project as a read-only public page at a share link (a “/p/[slug]” page). Published pages are configured not to be indexed by search engines, but they are accessible to anyone who has the share link.

When you publish or share a project page, you are responsible for the Content on that page, for the decision to make it accessible by link, and for any Personal Information or confidential material it contains. You acknowledge that a person who receives the link may forward it, and that GIG cannot control onward distribution of a public link once shared. Do not publish Content you are not entitled to share or that you do not want link-holders to see.

07Module: Finance & Stripe Connect

The Finance module lets an Organization create budgets, line items, invoices, payments, payouts, disputes, and memberships, and view daily and lead dashboards. Money movement — where an Organization invoices and collects from its own clients — is processed through Stripe and Stripe Connect on the Organization’s Connect Account, as further described in the Payments & the GIG Platform section.

Approval magic links. The Finance module can send approval requests by email containing a single-use, app-expiring magic link (a “/approve/[token]” link). When an approver acts on such a link, the Service records the approver’s email address, IP address, and user-agent string in an append-only, immutable approvals audit log. You acknowledge and consent to this logging, you agree it is reasonable for fraud prevention, authenticity, and record-keeping, and — where you send an approval request to an external approver — you are responsible for informing that approver that their action and associated metadata will be recorded. Entries in the approvals audit log are immutable and are not deletable through the Service.

You are solely responsible for the accuracy of the budgets, invoices, amounts, tax treatment, and other financial Content you create, and for your dealings with the parties you invoice or pay. GIG provides software tools only and does not provide accounting, tax, financial, or legal advice.

08Module: Data Tables

The Data module lets you create custom tables and charts from Content you enter or import. You are responsible for the data you place in tables, for the lawfulness of any Personal Information it contains, and for the correctness of any calculations, charts, or conclusions you derive from it. GIG does not verify the accuracy of custom data.

09Module: Forms & Public Submissions

The Forms module lets you build and publish forms at public links (each, a “/f/[id]” page) that accept submissions from anyone, including unauthenticated End Recipients. Submissions may include the answers a submitter provides and the submitter’s email address.

As the publisher of a form, you are the party that determines what information your form collects and why. You are responsible for: (a) describing on the form what information you collect and the purpose of collection; (b) obtaining any consent required from submitters under applicable privacy law; (c) handling and securing the submissions you receive; and (d) responding to requests from submitters about their information. You must not use forms to collect information unlawfully, to deceive submitters, or to collect more information than is reasonably necessary for the stated purpose. Form submissions are retained until deleted by the Organization that owns the form, subject to the Suspension & Termination section.

10Module: Gigs, RSVP & Day-Sheets

The Gigs and Events features let an Organization coordinate gigs and events and collect information from attendees, including name, email, role, RSVP status, plus-ones, dietary requirements, travel arrangements (flights and hotels), call times, and rider files. Attendees and other participants may interact through random-token links, including a public day-sheet link (a “/gig/[token]” link) and a gig intake/join link (“/gig/join”).

Day-sheet links and intake links are secured by random tokens with application-enforced expiry: day-sheet links expire seven (7) days after the end of the relevant gig, and other links expire as configured in the Service. Anyone holding a valid, unexpired link can view or submit the information that link exposes; you are responsible for distributing links only to intended recipients and for the sensitivity of the information you collect (which may include dietary and travel details). You represent that you have authority and any required consent to collect and process attendee information, and you must handle rider files and other uploads in accordance with applicable law and the rights of the individuals concerned.

// In plain terms — Gig day-sheets and intake forms work through secret links. Anyone with a live link can see or fill in what it shows, so only send links to the people who should have them, and remember that some of this information (like dietary or travel details) is sensitive.

11Module: Profiles, Gig Profiles & Rate Cards

The Profile features let a Gig Worker maintain a profile, including designation, biography, headshot, e-transfer email, social links, rate cards, and contractor agreements. A profile may be updated through a time-limited update link (an “/update-profile/[token]” link, which expires twenty-four (24) hours after issue). The e-transfer email is treated as private. The Service does not currently publish profiles on a public page or in a public directory.

You control your own profile Content and are responsible for its accuracy and for the rights to any images or materials you upload. When you choose to share profile information with an Organization, share a rate card, or accept a contractor agreement, you authorize the corresponding disclosure or arrangement. Rate cards and contractor agreements made available through the Service describe arrangements between the relevant parties; GIG is not a party to those arrangements and is not responsible for their content, performance, or enforceability.

12Module: Notifications

The Service provides an in-app notification inbox for service and account messages such as approvals, requests, and lifecycle events, and may send related transactional email. Notifications are part of the Service and are not promotional unless separately and expressly consented to. You are responsible for monitoring notifications relevant to your account and for acting on time-sensitive items (such as approval requests or expiring links). Notifications are retained until deleted by the Organization or user, as applicable.

13Module: Docs, Clusters & Public Wikis

The Docs module lets you write documents, organise them in folders, upload files alongside them, and group related documents into a “Cluster” — a collection with its own navigation, tags and cross-document links.

You may choose to publish a Cluster as a public wiki at a link of the form “/wiki/[slug]”. A published wiki is readable by anyone with the link, without signing in. Publishing is deliberate: it happens only when an owner or admin of your organization turns it on, and it can be switched off at any time.

Search-engine indexing. Unlike Architect project pages (section 6), a published wiki is by default made available for indexing by search engines, because a help centre that cannot be found is of little use. You can turn indexing off for any Cluster, in which case GIG asks search engines not to index it. You should understand what indexing means in practice: search engines and internet archives may copy, cache and display your published Content, those copies are outside GIG’s control, and they may remain visible for a period after you unpublish a wiki or turn indexing off. Unpublishing removes the page from GIG; it cannot recall copies already made by third parties. Treat publishing a wiki as a public and effectively permanent disclosure.

You are responsible for the Content in a published wiki, for the decision to publish it, and for any Personal Information, confidential material or third-party material it contains. Files attached to, or images placed inside, a document in a published wiki are reachable by readers of that wiki. Documents that are not part of a published Cluster are not made public, and links pointing at them appear to public readers as plain text rather than as links. Do not publish Content you are not entitled to share.

14Subscriptions, Fees & Taxes

The Service is offered to Organizations on subscription plans. Each paid plan is a single price for the Organization, not a price per person: it covers every team seat the Organization uses, up to the plan’s seat limit. Current plans and prices are:

  • Free — no charge, for one team seat.
  • Crew — CAD $149 per month, or CAD $1,490 per year, for up to 8 team seats.
  • Production — CAD $449 per month, or CAD $4,490 per year, for up to 10 team seats.
  • Organization — from CAD $1,199 per month, or from CAD $11,990 per year, for 25 or more team seats. Organization is arranged with GIG rather than purchased in the product, and its price, seats, and payments fee are those stated in the order we agree with you.

Team seats are the owner, administrator, employee, and staff members of an Organization; contractors are never counted as team seats, on any plan. Each plan also has usage limits (for example, active gigs, people records, forms, and Architect projects) and a set of included features, shown on our pricing page and in the in-product billing settings. If an Organization’s team or usage outgrows its plan, it must move to a plan that covers it, and we may prevent new team members or usage beyond a limit until it does. An Organization on a plan or add-on we no longer offer keeps it on its existing terms until it ends or the Organization changes plans.

Discounts. A registered non-profit or charity that we have verified receives 30% off its plan’s price; we may ask for proof of registration, and may end the discount from the next renewal if the Organization is no longer eligible. The first 25 Organizations to purchase a paid plan receive 25% off for 24 months from that first purchase (the “founding offer”), and an Organization that changes plans keeps the founding months it is still owed. Only one discount applies to a subscription at a time: where more than one is available, including a promotional code, the largest applies. Discounts apply to plan prices only, not to payments fees or taxes.

Billing and auto-renewal. Paid plans are billed in advance through Stripe, monthly or yearly as chosen at purchase, and renew automatically at the then-current price until cancelled. By selecting a paid plan you provide affirmative consent to recurring, automatically-renewing charges on the cadence shown at purchase. We will display the renewal cadence, renewal price, and renewal date before you purchase, and you may cancel auto-renewal at any time through the in-product billing settings.

Your first billing period. When you first subscribe, you are charged immediately for your first month, or for your first year on yearly billing, covering that period of service from the purchase date. Your subscription then renews on the first day of the calendar month (UTC) falling on or after the end of that first period, and every month (or every year) on the first thereafter. The period between the end of your first paid period and that renewal date is provided free of charge. We do not issue partial-period or prorated charges, ever.

Changes to your team and plan. Adding or removing team members does not change your plan’s price while your team stays within the plan’s seat limit. Switching plans starts the new plan’s paid period immediately and does not credit the old plan’s remaining time. To move between monthly and yearly billing on the same plan, contact us at billing@thegigapp.ca.

Taxes. Stated prices are exclusive of taxes unless otherwise indicated. You are responsible for all applicable taxes, including Ontario Harmonized Sales Tax (HST) and any other federal or provincial sales, use, goods-and-services, or similar taxes, except taxes on our net income.

Price changes. We may change prices, plans, or add-ons. For changes that increase the amount you pay or that materially change a plan, we will give you reasonable advance notice (for example, in-app or by email) before the change takes effect on your next renewal. If you do not agree to a change, you may cancel before it takes effect.

Cancellation and read-only access. Cancellation takes effect at the end of the current billing period. After the period ends, paid features become read-only; your Content remains accessible for viewing and export, subject to the Suspension & Termination section. If payment fails, we may provide a grace period before features become read-only.

Complimentary access and refunds. Complimentary or promotional access (for example, access granted by a promotional code), where offered, converts to the free plan when it ends unless you purchase a paid plan. Except as required by applicable law (including the Ontario Consumer Protection Act, 2002 where it applies to you as a consumer), fees already paid are non-refundable, and we do not provide credits or refunds for partial periods, downgrades, or unused features.

Consumers. If you subscribe as an individual for personal, family, or household purposes rather than for business purposes, you may be a “consumer” under the Ontario Consumer Protection Act, 2002. Nothing in these Terms limits any non-waivable right that statute gives you, including any statutory cancellation and disclosure rights for internet agreements and any statutory protections relating to auto-renewal.

// In plain terms — Each paid plan is one price for your whole team, up to the plan’s seat limit — Crew covers up to 8 people and Production up to 10 — billed monthly or yearly and renewing until you cancel. Contractors never count as seats. You pay your first month (or year) the day you subscribe; after that renewals land on the 1st, and the stretch before your first 1st-of-month renewal is free. Adding people never changes the price unless you outgrow the plan. Verified non-profits get 30% off, the first 25 paying organizations get 25% off for two years, and you get whichever discount is bigger. Taxes like HST are added on top. Cancelling stops the next renewal and turns paid features read-only at the end of the period you already paid for — your data stays viewable and exportable. Complimentary access drops to the free plan when it ends. Paid fees are not refundable unless the law says otherwise.

15Payments & the GIG Platform

When an Organization uses the Service to collect payment from, or make payment to, its own clients or contractors, those payments are processed through Stripe and Stripe Connect on the Organization’s Connect Account. GIG acts solely as a platform intermediary that provides software to facilitate those payments. GIG is not a party to, and assumes no responsibility for, any contract, transaction, invoice, service, good, deliverable, payment, refund, chargeback, tax obligation, or dispute between an Organization and its clients or contractors.

The Organization is solely responsible for: its dealings with its clients and contractors; the accuracy and lawfulness of its invoices; the goods or services it provides; the collection and remittance of any taxes; the issuance of any refunds; and the handling of any disputes or chargebacks. Your use of Stripe and Stripe Connect is also subject to Stripe’s own terms, including the Stripe Connected Account Agreement, which you must accept to use Connect functionality, as described in the Third-Party Services section.

Payments fee. For each payment processed through Stripe Connect on an Organization’s Connect Account, GIG charges a payments fee: a percentage of the payment set by the Organization’s plan — 2% on Free, 1% on Crew, 0.5% on Production, and 0.25% on Organization or the rate stated in the Organization’s order — and never more than CAD $25 on any one payment. The fee has no fixed per-transaction amount. It is in addition to any fees charged by Stripe and to your GIG subscription fees described in the Subscriptions, Fees & Taxes section, and it is collected automatically at the time of the transaction.

// In plain terms — When you charge your own clients through GIG, the money flows through your own Stripe Connect account. GIG is just the software in the middle — we are not part of your deal with your client, and you handle the work, invoices, taxes, refunds, and any disputes. On each such payment GIG takes a small fee that shrinks as your plan grows — from 2% on Free down to 0.25% on Organization — and never more than $25 on one payment, on top of Stripe’s own fees and your subscription.

16Your Content & Licence

As between you and GIG, you retain all right, title, and interest in and to your Content. GIG does not claim ownership of your Content.

You grant GIG a worldwide, non-exclusive, royalty-free, sublicensable (to our sub-processors solely to provide the Service) licence to host, store, copy, transmit, process, display, and otherwise use your Content to the extent necessary to operate, maintain, secure, and provide the Service to you and your users — including, where you choose to publish, share, or send Content (for example, through a public project page, a public form, a gig link, or an approval or update link), displaying or delivering that Content to the recipients you select. This licence exists only for as long as, and to the extent that, it is needed to provide the Service or as required to comply with law, and it ends when your Content is deleted, subject to backups and to any legally-required retention.

You represent and warrant that you own or have all rights, consents, and permissions necessary to submit your Content and to grant this licence, and that your Content and its use through the Service do not infringe or violate the rights of any third party or any applicable law. We do not control and are not responsible for the accuracy or lawfulness of Content that you or other users submit.

// In plain terms — Your Content stays yours. You give us permission to store and process it just so we can run GIG for you — and, when you choose to publish or share something, to show it to the people you send it to. You confirm you actually have the right to upload and share what you put into the Service.

17Intellectual Property

The Service, including its software, source code, design, user interfaces, databases, documentation, and all related intellectual property, and the GIG name, logo, and other trademarks, are and remain the exclusive property of GIG and its licensors. Except for the limited right to access and use the Service granted under these Terms, no right, title, licence, or interest in or to the Service or our intellectual property is granted to you, whether by implication, estoppel, or otherwise. You must not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Service or its software, except to the extent that such restriction is prohibited by applicable law.

Feedback. If you provide suggestions, ideas, or other feedback about the Service, you grant GIG a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose without obligation or compensation to you.

18Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that all of your users, and all of an Organization’s members, comply with that policy. We may, where reasonable to protect the Service, other users, or third parties, remove or disable access to Content or activity that violates that policy, these Terms, or applicable law.

19Third-Party Services

The Service relies on and integrates third-party services, including: Stripe and Stripe Connect (payments, subscriptions, invoicing, and Connect payouts); Supabase (database, authentication, file storage, and the delivery of authentication and magic-link emails); Resend (the delivery of the email the Service sends on an Organization’s behalf); and Vercel (hosting, content delivery and page-view analytics). Some of these providers store or process data outside Canada, including in the United States.

Your use of features that rely on these providers may be subject to the providers’ own terms and policies (for example, Stripe’s services agreement and Connected Account Agreement). GIG does not control and is not responsible for third-party services, their availability, or their acts or omissions. The treatment of Personal Information by these providers is described in our Privacy Policy and, for Organizations, in the Data Processing Addendum.

20Privacy & Data Processing

Our collection, use, and disclosure of Personal Information is described in our Privacy Policy. Use of cookies and similar technologies is described in our Cookie Policy.

As between GIG and an Organization, the Organization is the party responsible (the controller) for the Personal Information it submits to the Service about its contacts, contractors, attendees, submitters, and other individuals, and GIG processes that Personal Information on the Organization’s behalf (as a service provider/processor). GIG is independently responsible for the Personal Information it collects to create and administer accounts, to bill, and to operate and secure the Service. Where you are an Organization, our processing of Personal Information on your behalf is governed by the Data Processing Addendum, which forms part of these Terms and, in the event of a conflict on data-protection matters, prevails over the body of these Terms.

21Confidentiality

Each party may receive non-public information of the other that is marked or that should reasonably be understood to be confidential (“Confidential Information”), including, in the case of GIG, non-public aspects of the Service. The receiving party will use the disclosing party’s Confidential Information only to perform under these Terms, will protect it with reasonable care, and will not disclose it except to its personnel and sub-processors who need it and who are bound by confidentiality obligations. This section does not apply to information that is or becomes public without breach, was lawfully known without obligation of confidence, or is independently developed, and does not prevent disclosure required by law (with reasonable notice where permitted).

22Disclaimers of Warranties

Except as expressly stated in these Terms and to the maximum extent permitted by applicable law, the Service is provided “as is” and “as available,” without warranties or conditions of any kind, whether express, implied, statutory, or otherwise, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. GIG does not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that it will meet your requirements, and does not warrant the accuracy or completeness of any Content or output. You are responsible for evaluating whether the Service is appropriate for your needs.

Nothing in this section excludes or limits any warranty, condition, or other right that cannot be excluded or limited under applicable law, including any non-waivable implied warranties under the Ontario Consumer Protection Act, 2002 where it applies to you as a consumer.

23Limitation of Liability

To the maximum extent permitted by applicable law, and except for the carve-outs below:

  • neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business, anticipated savings, or for any loss or corruption of data, in each case arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), or otherwise, and whether or not the party was advised of the possibility of such damages; and
  • each party’s total aggregate liability arising out of or relating to these Terms or the Service will not exceed the total amount you paid to GIG for the Service in the twelve (12) months immediately preceding the event giving rise to the liability.

Carve-outs. The exclusions and limitations above do not apply to, and nothing in these Terms limits or excludes: (a) liability that cannot be limited or excluded under applicable law (including, where applicable, under the Ontario Consumer Protection Act, 2002); (b) liability for fraud or fraudulent misrepresentation; (c) liability for death or personal injury caused by a party’s negligence; or (d) your obligation to pay fees due under these Terms. The limitations in this section apply even if a remedy fails of its essential purpose, and they reflect a reasonable allocation of risk that forms part of the basis of the bargain between the parties.

// In plain terms — If something goes wrong, there are limits on what either side can recover. We will not be on the hook for indirect losses (like lost profits or lost data), and the most either side can be liable for is what you paid us in the last twelve months. These limits do not apply to things the law does not let us limit — like fraud, personal injury caused by negligence, or your consumer rights — or to fees you owe us.

24Indemnification

You will defend, indemnify, and hold harmless GIG and its directors, officers, employees, and agents from and against any third-party claims, demands, actions, and proceedings, and any resulting losses, damages, liabilities, costs, and expenses (including reasonable legal fees), arising out of or relating to: (a) your Content; (b) your use of the Service; (c) your violation of these Terms, the Acceptable Use Policy, or applicable law (including privacy and anti-spam laws); (d) your dealings, transactions, invoices, or disputes with your clients, contractors, attendees, or other third parties (including those processed through Stripe Connect); and (e) your infringement or violation of the intellectual property, privacy, or other rights of any third party. We will notify you of the claim, give you reasonable control of the defence (subject to our right to participate with our own counsel), and provide reasonable cooperation at your expense. You may not settle a claim in a way that imposes liability or admissions on GIG without our prior written consent.

25Suspension & Termination

You may stop using the Service and close your account at any time. An Organization may cancel its subscription as described in the Subscriptions, Fees & Taxes section.

We may suspend or terminate your access to all or part of the Service, with or without notice, if: (a) you materially breach these Terms or the Acceptable Use Policy and, where the breach is curable, do not cure it within a reasonable period after notice; (b) your use poses a security, legal, or operational risk to the Service, to us, or to others (in which case we may suspend immediately); (c) you fail to pay fees when due; or (d) we are required to do so by law. Either party may also terminate for convenience as permitted by the plan terms then in effect.

Effect of termination. On termination, your right to access the Service ends. Before deletion of an Organization’s workspace Content, we will make a reasonable export window available so you can retrieve your Content, except where immediate termination is necessary for security or legal reasons or where the law requires retention. After any applicable export window, and on deletion of an Organization (by a platform administrator) or of an account, associated Content is deleted, which may include cascading deletion of related records; however, append-only audit logs (including the approvals audit log) are retained as immutable records and are not deleted, and we may retain Content as required to comply with law, resolve disputes, and enforce our agreements. Backups are managed by our infrastructure provider and may persist for a limited period after deletion. Sections that by their nature should survive termination — including those on Content licence (to the extent needed to wind down), intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and general provisions — survive.

26Governing Law & Dispute Resolution

These Terms, and any dispute arising out of or relating to them or the Service, are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules. Subject to the paragraph below, you and GIG irrevocably submit to the exclusive jurisdiction of the courts located in Ontario, and attorn to those courts, for the resolution of any dispute.

Business users. If you use the Service for business purposes, then to the extent permitted by law, you and GIG agree that disputes will be resolved by the courts of Ontario as set out above; nothing in these Terms prevents either party from seeking injunctive or equitable relief. Any agreement to arbitrate or to limit class proceedings, if separately entered into, applies only to the extent it is enforceable under Ontario law for business users.

Consumers. If you are a “consumer” under the Ontario Consumer Protection Act, 2002, that statute may give you the right to commence or join a court action, including a class proceeding, and may render certain arbitration and class-action waivers unenforceable against you. Nothing in these Terms waives, limits, or requires you to give up any such non-waivable right, and any provision of these Terms that conflicts with those rights does not apply to you to the extent of the conflict.

27Changes to these Terms

We may update these Terms from time to time. For changes that materially affect your rights or obligations, we will give reasonable advance notice (for example, in-app or by email) before the change takes effect, and we will update the effective date and version shown at the top of this document. Your continued use of the Service after the effective date of an update constitutes your acceptance of the updated Terms. Where required by law (including for consumers under the Ontario Consumer Protection Act, 2002), we will obtain any renewed express consent that the law requires. If you do not agree to an update, you must stop using the Service before the update takes effect.

28Force Majeure

GIG is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labour disputes, governmental action, power or internet outages, and failures or interruptions of third-party services, networks, or infrastructure providers. This section does not relieve you of your obligation to pay fees for the Service provided.

29General

  • Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, on notice to you.
  • Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, or severed, and the remaining provisions will remain in full force and effect.
  • No waiver. A failure or delay in exercising any right is not a waiver of that right, and no waiver is effective unless in writing.
  • Entire agreement. These Terms, together with the Privacy Policy, the Acceptable Use Policy, the Cookie Policy, and (for Organizations) the Data Processing Addendum, and any order or plan terms presented at purchase, constitute the entire agreement between you and GIG regarding the Service and supersede all prior agreements on that subject.
  • Notices. We may provide notices to you in-app or by email to the address on your account. You may provide notices to us at legal@thegigapp.ca.
  • Headings. Section headings are for convenience only and do not affect interpretation.
  • Relationship. The parties are independent contractors; these Terms do not create any partnership, joint venture, agency, or employment relationship.

30Contact

If you have questions about these Terms, you may contact The Gig App:

  • By email (general): support@thegigapp.ca
  • By email (legal notices): legal@thegigapp.ca
  • By email (privacy): privacy@thegigapp.ca
  • By email (security): security@thegigapp.ca