Terms of Service

Last updated: 15 May 2026

BY CLICKING “I AGREE,” CREATING AN ACCOUNT, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Gigin AI, Inc., a Delaware corporation with principal offices at 6136 Frisco Square Blvd, Ste 400, Frisco TX 75034 (“Gigin,” “we,” “us,” “our”), governing your access to and use of our platform and services, including marketing pages, applicant tracking system, Agentic AI recruiter, and verification services (collectively, the “Services”).

1. Acceptance of Terms

By accessing or using the Services, you represent that you are at least 18 years old, have the legal authority to enter into this agreement (including on behalf of an organization if you sign up on behalf of one), and agree to be bound by these Terms.

2. Account Registration and Security

To use the Services, you must register an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your account credentials and for all activities under your account. Notify us immediately of any unauthorized access.

3. Description of Services

Gigin provides AI-powered hiring and recruitment software, including (a) an applicant tracking system, (b) Agentic AI tools for candidate sourcing, screening, scheduling, and engagement, and (c) verification services. We may modify, add, or remove features at our discretion with reasonable notice for material changes.

4. Acceptable Use

You agree NOT to:

• Use the Services for any unlawful purpose or in violation of any applicable regulation
• Discriminate against candidates in violation of EEOC, OFCCP, or other applicable hiring laws
• Scrape, crawl, or harvest data from the Services without our written consent
• Attempt to reverse-engineer, decompile, or extract source code of the Services
• Use the Services to send unsolicited communications (spam)
• Upload content that infringes intellectual property rights or violates privacy laws
• Interfere with or disrupt the integrity, security, or performance of the Services
• Misrepresent your identity or affiliation

5. Your Content and Candidate Data

You retain all rights in content you upload (including candidate data). You grant Gigin a non-exclusive, royalty-free, worldwide license to host, store, process, and display such content solely to provide the Services to you. You represent that you have the necessary rights and authorizations (including from candidates) to upload such content.

You are responsible for compliance with applicable employment, privacy, and data protection laws (e.g., CCPA, EEOC, FCRA) when processing candidate data through our Services.

6. Intellectual Property

The Services, including all software, content, designs, logos, and trademarks (excluding your content), are owned by Gigin or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services per these Terms. No other rights are granted.

7. Fees and Payment

Fees are set forth in your order form, subscription page, or master service agreement. Fees are non-refundable except as required by law or as expressly provided in your order form. We may suspend or terminate the Services for non-payment with reasonable notice.

8. Confidentiality

Each party agrees to protect the other’s confidential information with the same care it uses to protect its own (but no less than reasonable care), to use confidential information only to perform under these Terms, and not to disclose it to third parties without consent (except to employees, agents, and contractors bound by similar obligations).

9. Service Levels and Availability

We use commercially reasonable efforts to maintain Services availability. Specific service level commitments, if any, are set forth in your order form or service level agreement. We are not liable for downtime due to scheduled maintenance, force majeure, or factors outside our reasonable control.

10. Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF AI-GENERATED OUTPUTS. AI recommendations are advisory and require human review.

11. Indemnification

By you: You agree to defend, indemnify, and hold harmless Gigin from third-party claims arising out of your content, your use of the Services in violation of these Terms, or your violation of applicable law.

By Gigin: We will defend you against third-party claims that the Services (as provided by us) infringe a U.S. patent, copyright, or trademark, subject to standard exceptions and our control of the defense.

12. Limitation of Liability

EXCEPT FOR INDEMNIFICATION OBLIGATIONS, BREACHES OF CONFIDENTIALITY, AND VIOLATIONS OF SECTION 4 (ACCEPTABLE USE), EACH PARTY’S TOTAL LIABILITY IS LIMITED TO THE AMOUNTS PAID BY YOU TO GIGIN IN THE 12 MONTHS PRECEDING THE CLAIM.

NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY.

13. Term and Termination

These Terms remain in effect until your account is terminated. Either party may terminate for material breach with 30 days’ written notice and an opportunity to cure. Upon termination, your right to use the Services ends, and we will make your data available for export for 30 days, after which it may be deleted.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-laws principles. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Wilmington, Delaware. The arbitration shall be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver: You and Gigin agree to resolve disputes only on an individual basis. Neither party may bring or participate in any class or representative action.

Notwithstanding the above, either party may seek injunctive relief in court for intellectual property infringement, breach of confidentiality, or violations of Section 4.

15. Modifications to These Terms

We may update these Terms from time to time. Material changes will be notified by email or prominent notice. Continued use of the Services after the effective date of changes constitutes acceptance.

16. General Provisions

• Assignment: You may not assign these Terms without our consent; we may assign without consent in connection with a merger, acquisition, or sale of assets.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• Force majeure: Neither party is liable for delays due to events beyond reasonable control.
• Entire agreement: These Terms, together with any order form or signed agreement, constitute the entire agreement and supersede prior agreements.
• No waiver: Failure to enforce any provision is not a waiver.

17. Contact

• Legal: legal@gigin.ai
• Address: Gigin AI, Inc., Attn: Legal Department, 6136 Frisco Square Blvd, Ste 400, Frisco TX 75034, USA

For users in India, please see the India Terms of Service applicable to your region.