OVERVIEW
The utility platforms GSM/GPM/EIP (hereinafter, separately and collectively, the “Utility Platform”) are provided and/or operated by Giga Computing Co., Ltd. (“GIGA COMPUTING”). Throughout this Terms of Service and the Utility Platform itself, the terms “we”, “us” and “our” refer to GIGA COMPUTING. GIGA COMPUTING offers the Utility Platform, including all information, tools and services available from this Platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the Utility Platform and/ or downloading software from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Utility Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. You may also be subject to additional terms and conditions that may apply when you use or download Software
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country/state of residence, or that you are the age of majority in your country/state of residence and you have given us your consent to allow any of your minor dependents to use this Platform.
Any new features, tools or software which are added to the Utility Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
SECTION 1 - PROHIBITED USES
You are prohibited from using the Utility Platform or its content to:
We reserve the right to terminate your use of the Utility Platform or any related account for violating any of the above prohibited uses.
SECTION 2 - INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in all software and content made available to you on or through the Utility Platform remains the property of GIGA COMPUTING or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by GIGA COMPUTING and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Utility Platform nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by GIGA COMPUTING or its licensors without the written permission of GIGA COMPUTING.
SECTION 3 - Data Collection
Your submission of any personal information through the Utility Platform is governed by our Privacy Policy, and the terms of our Privacy Policy are made a part of these Terms of Service by reference. To view our Privacy Policy, click here.
You represent that you have the right to provide any data you input into the Service, including server data or configurations. You are responsible for backing up your data and ensuring compliance with laws applicable to your use of the Service (e.g., data protection regulations).
We may use anonymized, aggregated data from the Service to improve our offerings, develop new features, or for analytics. This data will not identify you or your servers.
SECTION 4 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 5 - DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 6 - LIMITATION OF LIABILITY
In no event shall GIGA COMPUTING, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 7 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GIGA COMPUTING and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 8 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 9 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this Platform or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 10 - GOVERNING LAW
The Terms of Service shall be governed by and interpreted in accordance with the Laws of Taiwan, R.O.C. without respect to its conflict of laws of principles. Any action, proceeding or disputes arising from or in connection with the Terms of Service shall be brought exclusively to the courts located in Taipei, Taiwan and you hereby irrevocably consent to the personal jurisdiction and venue of the court as identified above. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Service must be filed within one (1) year after such claim or cause of action arose, regardless of whether or not you then became aware of it, or be forever barred.
SECTION 11 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Utility Platform. It is your responsibility to check the Utility Platform periodically for changes. Your continued use of or access to the Utility Platform or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.