Service Provider Terms

Last updated: April 30, 2021

When You sign up to become a Service Provider on the GIGIMOT Marketplace, You agree to abide by these Service Provider Terms ("Terms"). These Terms cover details about the aspects of the GIGIMOT Marketplace relevant to Service Providers and are incorporated by reference into our Terms of Service, the general terms that govern Your use of GIGIMOT Marketplace. Any capitalized terms that aren't defined in these Terms are defined as specified in the Terms of Service.

As a Service Provider, You are contracting directly with GIGIMOT OÜ (“GIGIMOT”) (a Limited Liability Company in the Republic of Estonia, European Union), regardless of whether another GIGIMOT subsidiary facilitates payments to You.

1. Service Provider Obligations

As a Service Provider, You are responsible for all content that You post ("Submitted Content").

You represent and warrant that:

  • When using the GIGIMOT Marketplace, You are operating as a physical entity, sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
  • You will fulfil the commitments You make to Your Customers, communicate clearly and promptly through the chat thread or through the Session description, be present and/or available and on time with Your Customers, and only utilize the third party Payment Service Provider (“PSP”) specified or approved by GIGIMOT to make or receive payment for the Sessions provided through the GIGIMOT Marketplace;
  • You are customarily engaged in an independently established business of the same nature as the services performed for Customers through the GIGIMOT Marketplace, and maintain an independent clientele;
  • You will honour Your commitments to other Users on the GIGIMOT Marketplace, including by responding to chat invitations promptly; performing the Session(s) as agreed upon with Your Customer; and providing timely, high-quality services to Your Customers;
  • You will provide and maintain accurate account information;
  • You have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and give Sessions that you offer through your Submitted Content and use of the GIGIMOT Marketplace; and
  • You will ensure a quality of service that corresponds with the standards of Your industry and Health and Wellness services in general;
  • You own or have the necessary licenses, rights, consents, permissions, and authority to authorize GIGIMOT to use Your Submitted Content as specified in these Terms and the Terms of Service;
  • Your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;
  • If Your Session started, and You did not show up, leaving Your Customer(s) without delivering the Session, You will be subjected to paying reimbursement fees to Your Customer(s) who signed up for that Session;
  • If there will be a claim issued by the Customer against You, and such claim will be approved, You will be banned from the GIGIMOT Marketplace for one year;
  • You will only offer and provide Sessions for which You have the necessary skills and expertise;
  • In the event of any criminal activity, You will be banned from GIGIMOT Marketplace indefinitely, presented with a penalty fee, and presented to the Police.

You warrant that You will not:

  • post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information during Your Sessions;
  • post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the GIGIMOT Marketplace or to any User directly;
  • use the GIGIMOT Marketplace for business other than providing teaching and instructional Sessions to Customers;
  • engage in any activity that would require GIGIMOT to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
  • frame the GIGIMOT Marketplace or otherwise circumvent the GIGIMOT Marketplace;
  • impersonate another person or gain unauthorized access to another User's account;
  • interfere with or otherwise prevent other Service Providers from providing their Sessions; or
  • abuse GIGIMOT resources, including support services.

2. License to GIGIMOT

GIGIMOT may record all or any part of Your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the GIGIMOT Marketplace. You grant GIGIMOT permission to use Your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the GIGIMOT Marketplace, Your Submitted Content, or GIGIMOT’s content, and You waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

3. Pricing

When creating a Session, You will be prompted to select a Group Session Price and/or One-on-One Session Price for your Session. Alternatively, You may choose to offer Your Session for free.

You give us permission to share Your Sessions for free with our employees, with selected partners, and in cases where we need to restore access accounts who have previously purchased Your Sessions. You agree and understand that You will not receive compensation in these cases.

4. Payments

(a) Payment Account

Payment for the Sessions through the GIGIMOT Marketplace is made directly from the Customer to the Service Provider via the PSP automatically, and not by GIGIMOT. GIGIMOT is not obligated to compensate Service Provider for Customer’s failure to pay for the Session.

When You sign up as a Service Provider, before being able to provide Your Customers with Your Sessions, You are required to connect Your account to Stripe which can be done inside the GIGIMOT Marketplace.

You are subject to a 25% Service Fee (“Service Fee”) to GIGIMOT whenever a sale of a group or of a one-on-one live session is made. The Service Fee covers costs related to payment processing with PSP, maintenance, further improvement of the GIGIMOT Marketplace, and marketing to bring more Customers to the GIGIMOT Marketplace.

GIGIMOT may change, modify and/or update its Service Fees at any given time by posting a new pricing structure on the GIGIMOT Marketplace. GIGIMOT will notify You of any upcoming changes by email.

(b) Receiving Payments

GIGIMOT shall make all payments to You through Stripe. For us to pay You in a timely manner, You need to connect your Account to Stripe and maintain, and update it accordingly. You can do that right inside the GIGIMOT Marketplace.

The payments are done on a weekly basis. You understand and agree that You are ultimately responsible for any taxes on Your income.

GIGIMOT makes all Service Providers payments in Euro (EUR) regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will be shown in the My Earnings section inside the GIGIMOT Marketplace in the currency chosen by You in the Account Settings.

GIGIMOT reserves the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.

(c) Refunds

You acknowledge and agree that Customers have the right to receive a refund, as detailed in the Terms of Service. Service Providers will not receive any revenue from transactions for which a refund has been granted under the Terms of Service.

5. Deleting Your Account

If You wish no longer to be present on the GIGIMOT Marketplace and You wish Your account was deleted, please contact our Support Team. Prior to deleting Your Account make sure that You have no further obligations before all Customers who have purchased Sessions with you. If You have left with Customers who did not receive Sessions with You, You agree to either refund such Customers first, or to fulfill your obligations before such Customers.

GIGIMOT will use commercially reasonable efforts to make any remaining scheduled payments that are owed to You before deleting Your Account.

6. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.