Terms & and Conditions
1. Definitions
For clarity in the Terms we define some of the key words and phrases here to keep things on track for our readers.
Client — a User who posts projects or gigs, or who hires Freelancers to perform work.
Freelancer — A User who lists the services he or she is offering, creates a profile, send out notifications of available time to work on a Client’s project(s), respond to a Client’s invitation to participate in a Project(s), participate in and complete a project(s) to the Client’s satisfaction (whether the project involves work with AI or otherwise).
Project — A work project posted by a Client that Freelancers can send in a proposal for.
Gig — A fixed priced gig that has been defined by a Freelancer and is advertised on their profile for Clients to purchase.
AI Task — data, annotation or AI-training work sourced by GigMint from other platforms in batches of work (tasks) and distributed to suitable Freelancers for them to complete for payment.
Escrow — Funds that are held by GigMint’s payment partners (such as Stripe) on behalf of a Client until the associated work is approved for release.
Wallet — The earned funds held in a Freelancer’s or Client’s account which can be withdrawn.
Payout - A transfer of withdrawable funds from a Freelancer's Wallet to his or her external bank account (or other payout method).
2. Acceptance and Changes to the Terms
Using the Platform indicates that you have read, understood and agree to be bound by the Terms and to accept any amendments to them from time to time. Platform Terms may be updated by us in our sole and absolute discretion at any time and without prior notice to reflect changes in Platform services, to comply with any applicable changes in laws or for Platform business reasons. When we make any material changes to these Terms, we will make a revision to the current Platform Terms and post them on this page with an updated “last updated” date reference. Your continued use of the Platform after the Platform Terms changes become effective shall constitute your acceptance to be bound by the Terms as revised. If you do not agree with any of the Terms as revised, you must immediately stop using the Platform.
3. Eligibility
Our Services are provided for use by individuals who are at least 18 years old (the age of majority in your country if higher), have the capacity to contract, and are not precluded from doing so under any applicable law.. Where you are using the Service as a business or organization you must register for access to use the Service via an authorized representative who will enter into these Terms on your behalf and be bound by the same as if they were a direct user of the Service.
4. Accounts and Security
Most of our website features require you to be logged into an account. In registering for an account, you agree to provide true, current, and complete information about yourself. You also agree to maintain and update this information to ensure it’s accurate at all times. You are responsible for any and all Activity conducted via your account. You are also responsible for the confidentiality, protection and safe keeping of login details to your account. If you suspect any unauthorized access to your account or other security incident, you must immediately inform us. We shall not be held responsible for any losses or damages incurred as a result of you failing to keep your account login details confidential, protect them and safe keep them.. We also reserve the right to ask for identity verification for certain actions, including withdrawals and payments, where applicable. These may include so-called “know your customer” (KYC) checks.
5. Overview of the Services
The scope of GigMint encompasses a comprehensive range of services to efficiently connect Clients with Freelancers through the venue of the Platform and facilitate the posting, the discovery, the contracting for, the performance of and payment for freelance work.
Projects & Proposals - Clients can post a project that they need completed and Freelancers can submit a proposal for the job. The Client can then choose the best Freelancer for the job and manage the work through the GigMint Platform.
Gigs — Freelancers list fixed-scope service packages that Clients can purchase directly.
AI Task Pipeline — We create a Task Pipeline that draws AI-training and data work from partner platforms, then match Freelancers who possess the appropriate skillset and desired rate to the batches of work sourced in the Platform, removing the bidding process.
Payments, Escrow & Payouts — safe Client payment, escrow protection, user Wallets and fast global bank payouts to Freelancers through our payment gateways.
GigMint is simply the platform, where these things happen. GigMint is not a party to the contract(s) between a Client and a Freelancer, unless stated otherwise.
6. Roles and Responsibilities
6.1 Clients
Clients are responsible for describing work they need done, specifying fair budgets and timeframes, treating Freelancers fairly and responding in good faith to their inquiries, inspecting work completed and paying Freelancers for work they completed correctly in accordance with the terms agreed. Clients must not ask us to complete any work that is unlawful, an infringement of third party rights or is otherwise in contravention of these Terms.
6.2 Freelancers
Freelancers must truthfully describe and provide their skills and work experience, deliver high quality work, meet the agreed-upon deadlines, be responsive to Clients’ inquiries and communicate frequently. Freelancers must also deliver work that is original and does not infringe, or misuse, any intellectual property or other rights of third parties. Freelancers are, and at all times remain, independent contractors and not employees, agents or partners of GigMint.
7. Posting Work, Proposals, and Hiring
A Client may post a Project that contains information about the desired scope of work, a proposed budget, and a time frame for the completion of the work. A Freelancer may submit a proposal for a Project that outlines a proposed price for completing the work, an estimate of the amount of time that will be required to complete the work, as well as information about the experience that the Freelancer has that is relevant to the work that is to be completed. For AI Tasks, GigMint will assign such work to a qualified Freelancer on a work-by-work basis, rather than accepting proposals. A binding agreement is formed between a Client and a Freelancer when the Client accepts a proposal by either accepting a Freelancer’s proposal, purchasing a Gig that has been posted by a Freelancer, or when a Freelancer accepts an assignment of an AI Task that has been designated for that Freelancer by GigMint. The terms and conditions of any work that you accept or that you contract for, and any work that you commission, should be clearly explained to you prior to your acceptance of the same.
8. Contracts Between Users
Each engagement that occurs between a Client and a Freelancer creates a contract between the two users that were involved in setting up the engagement on GigMint (the scope, the price, any milestones that were agreed to and the terms under which the work will be delivered). The contract created is a direct contract between the two users and GigMint is not a party to that contract and has no liability in respect of the performance of either user under that contract. Clients and Freelancers agree to deal with each other to resolve any issues in respect of the contract that has been established for a particular engagement on GigMint using the tools provided on the Platform, and where required the dispute process as outlined below.
9. Fees and Commissions
GigMint charges service fees and commission on sales generated from the use of the Platform. A list of all applicable fees for any transaction will be displayed prior to GigMint processing the transaction for you. The fees charged for use of the Platform are subject to change at any time with change applying to subsequent transactions entered into by you after change has been made. All fees are exclusive of any tax and you agree to pay any tax applicable to any transaction processed by you through the Platform.
10. Payments and Escrow
For Projects and Gigs that are paid for by the Client, Client payments are processed by the third-party payment partners for us, and are placed in Escrow until work for the associated deliverable is approved by the Client. When Client approved work for a deliverable, or the Client accepts a milestone, funds for that work will be released to the Freelancer’s Wallet. Through the dispute process, otherwise, funds will be released to the Freelancer’s Wallet. By registering on the Platform as a Freelancer, you are authorizing GigMint and its payment partners to charge your registered payment method (such as your card or bank account) for all amounts that you owe, including for any fees, and you agree not to try to work around the payment system of the Platform.
11. Wallets, Withdrawals, and Global Payouts
Funds that you have earned and have been added to your Wallet may be paid out of your available funds using a payout method that GigMint supports, for example, fast bank transfers worldwide that we make through payment service providers like Stripe. Payouts of funds that you have earned are subject to identity verification (KYC), whether the relevant payout method/rail is available for payment to the country to which you are paying, any minimum payout amounts, as well as the time it takes for the payout to be processed by the relevant payment service provider. Additionally, the platform and GigMint may delay, hold or reverse a payout if GigMint suspects fraud or if, for example, there is a chargeback risk of a reversal (i.e. a ‘chargeback’). A payout also might be delayed or reversed for other reasons, including for reasons relating to applicable law. You are responsible for ensuring that the payout information that you provide to GigMint is correct and complete. If you provide incorrect information, any errors that result in a misdirected payout are your responsibility, not GigMint’s.
12. Taxes
You are responsible for determining, collecting, reporting and paying any taxes that are required to be paid or withheld by law with respect to your use of the Platform, any income or payments that become due or are made by you through the Platform and any other amounts with respect to which taxes are required to be withheld or paid by law. We may ask you to provide tax information with respect to your use of the Platform and we may withhold or account for taxes as required by law with respect to any payments made by us to you through the Platform, as well as report such information to applicable tax authorities.
13. Cancellations, Refunds, and Chargebacks
The cancellation of a payment and any related refund is up to the Client and Freelancer and agreed as part of the work they are completing together. Work that has been completed and confirmed by the Client will be non-refundable. Disputes may be resolved with a refund, either in full or part, via the dispute process. Initiating a chargeback or payment reversal outside of the terms of the Platform Terms will be a breach of this agreement and could result in a Client’s account being suspended, and amounts owed by the Client being recovered.
14. Disputes Between Users
If a Client and a Freelancer have disputed and been unable to resolve the situation then either party can open a dispute on the Platform. The GigMint team can review information sent by both parties, communications and any deliverables completed. GigMint can then provide a non binding recommendation or where Escrow funds are involved determine how the funds from the Escrow account are to be released. Our role in disputes is to administer the funds held on the Platform and we do not become involved in determining the legal position of either party.
15. Reviews, Ratings, and Feedback
Reviews and Ratings: Users can post reviews and ratings for their experience using our service. Your review must be: (1) true, (2) based on an actual completed transaction, (3) not unlawful, (4) not otherwise illegal or prohibited, (5) not defamatory, (6) not abusive, and (7) otherwise in compliance with these Terms. You are not permitted to offer or accept incentives for reviews, create fake reviews or other listings, or otherwise manipulate your or others’ ratings. While we reserve the right to remove reviews or other content that we believe violate these Terms, we are under no obligation to monitor or verify reviews and other content.
16. Prohibited Activities
When using the Platform you must not:
post or transmit any unlawful, fraudulent, threatening, obscene, discriminatory or harassing or any other material that is or may be of harm or/infringement to other persons or entities.
misrepresent your identity, qualifications, or affiliation;
harass, threaten, or discriminate against other Users;
circumvent the Platform’s fees, payments, or communication tools;
Upload malware or attempt to access unauthorised areas of the Platform or other Users’ accounts.
scrape, copy or harvest any data from the Platform except with our explicit permission.
use the Platform to launder money or to finance criminal activities in any way what so ever.
violate any applicable law or regulation.
17. Intellectual Property and Licenses
Unless otherwise stated in the Client’s and Freelancer’s contract (the terms of work to be performed for the Client), upon full payment of the invoice for the specific work the Client will become the owner of the deliverable(s) supplied by the Freelancer. The Freelancer shall retain all right and title to the work until the Freelancer has received full payment for that work. When publishing a gig, work sample etc. on GigMint, you grant us a non-exclusive, worldwide, royalty-free license to use, host, copy, display and modify such content as we see fit to operate the Platform, to promote the Platform and to improve the Platform. The GigMint name and logo, software and all other related Intellectual Property (the “GigMint IP”) is owned by GigMint and/or its licensors, and may not be copied or used in any manner without GigMint’s prior written approval.
18. Confidentiality and Non-Circumvention
As a User, you may receive information relating to an engagement that is of a confidential nature. In using such information, you shall restrict its use to the purposes of the engagement in which you received it and ensure that it is not disclosed in any other manner to any other person. For the purposes of protecting the Platform and its Users, you shall not solicit or offer to receive nor receive payment for work which you source from the Platform other than on the Platform during the term of the relevant relationship between you and the User and for a reasonable period after such relationship has come to an end.
19. Third-Party Services
In addition to using the GigMint Platform, you can connect to third-party services (for example, a payment gateway or identity verification) and agree to terms/privacy policies that are set by that third party service. GigMint does not assume responsibility for the third-party service(s) that you use as part of your overall use of the GigMint Platform, nor does GigMint endorse any of the third-party services that may be available on the GigMint Platform.
20. Privacy and Data Protection
Information about what we do with the personal information that we collect about you is contained in our Privacy Policy. By using the Platform, you are agreeing to our use of your information in accordance with this Policy and you agree to comply with all applicable data protection legislation when handling any personal information of other Users that you receive by using the Platform.
21. Suspension and Termination
You can close your account at any time. After you close your account, GigMint will complete your outstanding engagements and then GigMint will invoice and collect any fees that you owe GigMint for the outstanding engagements. We may at any time and without prior notice to you suspend or terminate your use of the Platform: (i) where you fail to comply with any provision of these Terms; (ii) give rise to any risk of any liability or other exposure to GigMint or to other Users; (iii) for inactivity for a prolonged period. Upon termination, your license to use the Platform will immediately cease to have effect and you must not attempt to access the Platform. However, certain provisions of these Terms will, by their nature, survive to continue to apply: (i) your obligation to pay any fees then owing by you; (ii) our Intellectual Property rights; (iii) the disclaimers; and (iv) limitations of liability.
22. Disclaimers
Use and access of the GigMint Platform by you indicates that you agree to receive the Platform from the GigMint without any representation or warranty of any kind (whether express or implied), including without limitation merchantability, fitness for a particular purpose, or compliance with any law or regulation.Platform and the Services are “as is” and without any warranty whatsoever. Additionally, in connection with the use and access of the GigMint Platform, you confirm and agree that GigMint (1) makes no representation or warranties about whether any User, Project, Gig or deliverable meets any requirements, needs and/or expectations;(2) does not make any representations or warranties about its ability to control or secure the behavior of any users;(3) does not offer any warranties on the capability of any User to finish any project(4) does not guarantee the quality of any work done by any User; (5) does not guarantee the safety of any work done by any User;(6) does not guarantee the legality of any job that may be performed by any User; and (7) does not give any guarantees about the completion of any work that may be performed by any User.
23. Limitation of Liability
GigMint is not responsible in any way for (i) any indirect, incidental, special, or consequential damages (ii) any loss of profits, revenues, data, or goodwill (iii) any third party claims or actions and/or damages or portion or all of these, resulting from your use of the Platform and/or from information on or through the Platform and/or from your interactions with other users through the Platform, and/or your failure to comply with any term(s) of these Terms and/or to comply with any applicable laws, etc. In the event GigMint is liable for any other reason then its maximum liability in any circumstances shall be equal to the greater of (i) the aggregate amount of fees which you have paid and which you are obliged to pay to GigMint in respect of your use of the Platform in the three (3) months prior to the date and/or occasion of such liability and/or (ii) $100 USD.
24. Indemnification
These will not be subject to obligations of confidentiality and acknowledgment of origin when we are free to use and make available any comments or other information you may provide us or place on the Platform. The use of the GigMnt service by you constitutes your agreement to indemnify, defend and hold GigMint, its officers, agents, and affiliates (together “GigMint”) harmless from any and all liability for any claims, damages, losses, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Platform, any content or information provided via the Platform, any interactions or other dealings with other Users, and any breach of these Terms.
25. Governing Law and Dispute Resolution
The Terms and Conditions and use of the Platform will be interpreted and will be governed by the laws of the country in which GigMint was incorporated (for the avoidance of doubt that jurisdiction is the State of Delaware, United States and the exclusive jurisdiction in relation to any proceedings arising out of or in connection with the Platform shall be in the State of Delaware, United States (or such other city as may be required by applicable law from time to time)) or such other jurisdiction as required by applicable law from time to timeEach party agrees that before beginning any legal action for any claim or dispute, he or she will use best efforts to settle such dispute or claim through negotiations by duly authorized representatives of the party.
26. Miscellaneous
These Terms, in addition to the Privacy Policy and any other terms that you accept, comprise the whole agreement between you and GigMint regarding the Platform. Should any term be unenforceable, the rest of the terms shall be fully enforceable. Non-enforcement of any term by us does not imply a waiver of such term. You cannot transfer these Terms without our prior written consent while we can assign these Terms in conjunction with a merger, acquisition, or asset sale.
27. Contact Us
We welcome any queries regarding the Terms and conditions that you have and can answer these using the contact us options found at the bottom of this site. We can help explain how our Platform works and how the Terms and conditions will apply to you.
GigMint Inc.
9940 Heathergate Lane
Mint Hill, NC 28227
United States
support@gigmint.ai
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