Terms of Service version 0.0.1

Effective Date: February 22, 2025

Terms of Service for Experts

1. Introduction

These Terms of Service for Experts (“Expert Terms”) govern your use of and participation in Gig Telephone (the “Platform”). You (“Expert” or “you”) agree to abide by these Expert Terms whenever you use the Platform to offer or provide consulting, advisory, or other professional services. If you do not agree, you must discontinue use of the Platform.

2. Services & Relationship

  1. Independent Relationship: The Platform acts as a referral and administrative service connecting Experts with potential clients (“Clients”). You control how you perform your services. The Owner does not supervise, direct, or control the manner of your work.
  2. Setting Rates & Schedules: You set your own rates, fees, or pricing structure. You may accept or reject any referrals at your discretion.
  3. Compliance & Licensure: You are responsible for maintaining any certifications, licenses, or permits required by law and for complying with applicable regulations in your field.

3. Payment & Fees

  1. Third-Party Processing: Payments from Clients may be facilitated by an independent payment processor (e.g., Stripe). The Owner does not hold Client funds on your behalf.
  2. Taxes: You are solely responsible for any taxes or similar obligations related to income you receive through the Platform.

4. Disclaimer & Limitation of Liability

  1. No Warranty: The Platform is provided “AS IS” without warranty of any kind. The Owner makes no representations about the qualifications or services of any Expert, nor the suitability of the Platform for your purposes.
  2. Limitation of Liability: To the maximum extent permitted by law, the Owner shall not be liable for indirect, incidental, punitive, or consequential damages arising from your use of the Platform. Any claim against the Owner is limited to the amount of fees actually received from you by the Owner in the three (3) months prior to the event giving rise to the claim.
  3. No Personal Assets: You waive and release any right to pursue personal assets of the Owner (including spouses or family members) for any claim arising out of or relating to these Expert Terms or your use of the Platform, to the fullest extent permitted under Texas law.

5. Dispute Resolution

  1. Governing Law: These Expert Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
  2. Arbitration: Any dispute shall be resolved by binding arbitration in Taylor County, Texas. Both you and the Owner waive any right to a jury trial or to participate in a class action.

6. Age Requirements

You must be at least 18 years old to register as an Expert on the Platform. By offering or providing services, you represent and warrant that you are at least 18 years of age.

7. General Provisions

  1. Ownership: Gig Telephone is owned by Gregory Alan Herrington (the “Owner”). References to “we,” “us,” or “our” in these Expert Terms mean the Owner.
  2. Entire Agreement: These Expert Terms constitute the entire understanding relating to your provision of services via the Platform.
  3. Termination: Either party may terminate use of the Platform at any time. Termination does not affect obligations or liabilities incurred before termination, including indemnification or dispute resolution provisions.
  4. Severability & No Waiver: If any part of these Expert Terms is deemed invalid or unenforceable, the remaining terms remain in effect. Failure to enforce any term does not waive that term or any other term.

Terms of Service for Callers

1. Introduction

These Terms of Service for Callers (“Caller Terms”) govern your use of Gig Telephone (the “Platform”). By accessing or using the Platform to find and connect with independent service providers (“Experts”), you agree to these Caller Terms. If you do not agree, discontinue use of the Platform.

2. Platform Use & Relationship

  1. Referral Service: The Platform connects you to Experts who may provide advice or other professional services. The Owner does not warrant or guarantee the qualifications, suitability, or performance of any Expert.
  2. No Agency or Endorsement: Contracts for services are between you and the Expert. The Owner does not endorse any Expert, nor assume responsibility for the outcome of their services.

3. Payment & Fees

  1. Third-Party Processing: Any fees for an Expert’s services may be processed via an independent payment processor. The Owner does not hold or manage those funds.
  2. Platform Fee: A fee may apply for using the Platform’s referral or administrative features; this does not create an employment or agency relationship between the Owner and any Expert.

4. Disclaimer & Limitation of Liability

  1. AS IS Basis: Your access to and use of the Platform is at your own risk. The Platform is provided on an “AS IS” basis without warranties of any kind.
  2. Limitations: The Owner is not liable for any indirect, incidental, or consequential damages arising from your use of the Platform or your interactions with Experts. Any liability is limited to the amount you actually paid in platform fees during the three (3) months prior to the claim.
  3. No Personal Assets: You waive and release any right to pursue the personal assets of the Owner (including spouses or family members) for claims related to the use of the Platform or any Expert’s services, to the fullest extent allowed by Texas law.

5. Indemnification

You agree to indemnify and hold the Owner harmless from all claims, damages, or expenses arising out of or related to (a) your use of the Platform; (b) your reliance on or interactions with Experts; or (c) any breach of these Caller Terms.

6. Dispute Resolution

  1. Governing Law: These Caller Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules.
  2. Arbitration: All disputes shall be resolved by binding arbitration in Taylor County, Texas. You waive any right to a jury trial or to join a class action.

7. Age Eligibility

The Platform is not intended for use by individuals under the age of 13. If you are between the ages of 13 and 17, you may only use the Platform with the permission and active oversight of a parent or legal guardian, who agrees to be bound by these Caller Terms on your behalf. By using the Platform, you represent and warrant that you meet these age requirements or have obtained such permission.

We do not knowingly collect personal information from children under 13 without verifiable parental consent. If we learn that we have inadvertently collected such information, we will take steps to delete it as required by law.

8. General Provisions

  1. Ownership: Gig Telephone is owned by Gregory Alan Herrington (the “Owner”). References to “we,” “us,” or “our” mean the Owner.
  2. Termination: You may stop using the Platform at any time. The Owner may suspend or terminate your access if you violate these Caller Terms or engage in harmful or unlawful activity.
  3. Entire Agreement: These Caller Terms, together with any other posted policies, constitute the entire agreement regarding your use of the Platform.
  4. Severability & No Waiver: Invalid or unenforceable provisions do not affect the remaining parts. Failure to enforce any part is not a waiver of future enforcement.