Last updated: September 14, 2026
These Terms of Use (these "Terms") of Gigasheet, Inc. ("Gigasheet," "we," "our," or "us") are an agreement that describes your rights and responsibilities as a Gigasheet customer. More specifically, these Terms govern how you may access and use: (i) gigasheet.com, its subdomains, and any other website where these Terms are posted; (ii) Gigasheet's online hosted services; (iii) Gigasheet's "Software," meaning, collectively, our browser extensions, mobile applications, other downloadable apps, application programming interfaces ("APIs"), and tools and documentation; and (iv) Gigasheet Data (defined below) ((i) through (iv) collectively, our "Service" or "Gigasheet").
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY CREATING A GIGASHEET ACCOUNT, CLICKING "SIGN UP", "SIGN UP WITH GOOGLE", "SIGN UP FOR FREE", "SUBMIT", OR THE LIKE INDICATING ACCEPTANCE ELECTRONICALLY, BY SIGNING AN ORDER FORM (DEFINED BELOW), OR BY ACCESSING OR USING GIGASHEET, YOU SIGNIFY THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AND THAT YOU HAVE READ, HAVE UNDERSTOOD, AND ACKNOWLEDGE OUR PRIVACY POLICY, WHICH IS AVAILABLE AT GIGASHEET.COM/PRIVACY ("PRIVACY POLICY"), WHETHER OR NOT YOU ARE A REGISTERED USER OF GIGASHEET. WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED UNDER THESE TERMS.
If you are an individual and you access or use Gigasheet on behalf of a company, principal, or other entity, such as your employer (each, together with its affiliates, an "Organization"), then: (i) these Terms are an agreement between us and you and us and that Organization; (ii) you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have the authority, you may not access or use Gigasheet); (iii) your acceptance of these Terms will bind such Organization to these Terms; (iv) your individual right to access and use Gigasheet may be suspended or terminated (and ownership and administration of your Gigasheet Account may be transferred) if you cease to be associated with, or cease to use an email address associated with or provisioned by, that Organization; (v) we may disclose information regarding you and your use of the Service with such Organization; and (vi) the terms "you" and "your", as used in these Terms, refer to both you and such Organization. If you sign up for Gigasheet using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of Gigasheet (or reimburses you for payment of such fees), or otherwise, then we may deem you, in our sole discretion, to be accessing and using Gigasheet on behalf of that Organization.
Order Forms. Gigasheet also offers subscriptions through a signed quote, order form, statement of work, or other written agreement that references these Terms (each, an "Order Form"). By signing an Order Form, you agree to these Terms as of the Order Form's effective date, whether or not you separately click to accept them. If there is a conflict between an Order Form and these Terms, the Order Form controls for that subscription. Any purchase order or other document you issue is for your administrative convenience only, and any terms in it are rejected and have no effect.
Subscription Term. "Subscription Term" means the period during which you are authorized to access the Service under an Order Form or an online subscription, including the initial term and each renewal term.
You may use Gigasheet only if you can form a legally binding contract with us (and on behalf of your Organization as applicable), and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. To use Gigasheet, you must be at least 18 years old. You represent and warrant that you meet this age requirement and are competent to agree to these Terms. Gigasheet is not available to any users who were previously removed from the Service.
Subject to your compliance with these Terms, you may access and use Gigasheet during the Subscription Term (defined below), except as may be limited by your Organization as described above. Except as we otherwise agree in writing or to the extent a restriction is prohibited by law, you agree not to do, and not to assist, permit or enable any third party or Application (defined below) to do, any of the following:
Your account on Gigasheet (your "Gigasheet Account") gives you access to the services and functionality that we may establish and maintain from time to time. We may maintain different types of Gigasheet Accounts for different types of users. You acknowledge that you do not own your Gigasheet Account.
You may not use another user’s Gigasheet Account without such user’s permission. You are solely responsible for the activity that occurs on your Gigasheet Account, and you must keep your Gigasheet Account password(s) strong and secure. You should notify us immediately of any breach of security or unauthorized use of your Gigasheet Account. Any individual with administrator-level access to your Gigasheet Account can modify your Gigasheet Account settings, access and billing information. We will not be liable for any losses caused by any unauthorized use of your Gigasheet Account, or for any changes to your Gigasheet Account, including your ability to access your Gigasheet Account or Your Content (defined below), made by any individual with administrator-level access to your Gigasheet Account.
You may control certain aspects of your Gigasheet Account profile and how you interact with Gigasheet by changing the settings in your settings page. By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other marketing or advertising messages, such as changes to features of Gigasheet and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting Gigasheet Support at support@gigasheet.com or by clicking the unsubscribe link within each marketing or advertising message. Opting out will not prevent you from receiving Service-related notices.
As between us and you, you (or your licensors) will own any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through Gigasheet ("Your Content"). For an Organization account, we may assume, in our sole discretion, that all of Your Content belongs to that Organization.
You (on behalf of yourself and your Organization, if applicable, and your other licensors) grant, and you represent and warrant that you have all rights necessary to grant, us an irrevocable, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, and display Your Content: (i) to provide, maintain, and improve Gigasheet; (ii) to perform such other actions as authorized by you in connection with your use of Gigasheet; and (iii) for any other purpose consistent with the Privacy Policy.
If you are an individual using Gigasheet on behalf of an Organization and are collaborating with other employees or other individuals who have access to Your Content under your Gigasheet Account, or if you share Your Content with other individuals within or outside of such Organization, the content on your Gigasheet Account that you make available to such other individuals (as well as other information, such as the names and contact information of other individuals who have access to your workspace(s) or Your Content within Gigasheet) will be visible, accessible, and, depending on their designated level of access, editable by such individuals.
You can remove Your Content from your Gigasheet Account by deleting it. However, in certain instances, some of Your Content may not be completely removed. We are not responsible or liable for the removal or deletion of any of Your Content, or any failure to remove or delete such content.
In connection with Your Content, you represent and warrant that: (i) you have all necessary rights, licenses and consents to provide, receive, access and/or use Your Content and any other content you provide, receive, access and/or use through or in connection with Gigasheet; and (ii) Your Content and our use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights.
We take no responsibility and assume no liability for Your Content. You shall be solely responsible for Your Content and the consequences of posting it, publishing it, sharing it, or otherwise making it available on Gigasheet. You shall be solely responsible and indemnify us for Your Content.
To the extent you receive our Software, subject to your compliance with these Terms, during the applicable Subscription Term, we grant to you a non-exclusive, non-transferable, non sub-licensable right and license to use our Software solely as reasonably necessary for your use of Gigasheet in accordance with these Terms.
Definition. "Gigasheet Data" means the datasets, benchmarks, rates, scores, rankings, reports, visualizations, and other data and analytics that Gigasheet compiles, derives, or otherwise makes available through the Service, other than Your Content. Gigasheet Data is derived in whole or in part from sources that Gigasheet does not control ("Third-Party Sources"), including machine-readable files published by health plans and issuers under the Transparency in Coverage rule, files published by hospitals under the Hospital Price Transparency rule, datasets published by the Centers for Medicare and Medicaid Services and other government agencies, provider directories, review and ratings sites, and other publicly available information.
Third-Party Sources. Gigasheet does not create, control, audit, or verify Third-Party Sources. You acknowledge that Third-Party Sources may be incomplete, inaccurate, outdated, duplicative, internally inconsistent, published in non-standard formats, or non-compliant with the regulations that require their publication, and that rates and other values in Third-Party Sources may not reflect amounts actually paid or payable. Gigasheet Data reflects Third-Party Sources as published, subject to Gigasheet's processing, normalization, and enrichment, and may contain errors or omissions that originate in those sources or in that processing. Gigasheet makes no representation or warranty as to the accuracy, completeness, timeliness, or fitness for any purpose of any Third-Party Source or of Gigasheet Data derived from it, and assumes no liability for any error, omission, or change in a Third-Party Source.
No Professional Advice. Gigasheet Data is provided for informational and analytical purposes only. It is not medical, clinical, legal, actuarial, accounting, tax, coding, billing, or financial advice, and it is not a substitute for a provider's contracted rates, a payer's fee schedule, an explanation of benefits, a claim adjudication, or the advice of a qualified professional. Scores, rankings, and benchmarks are estimates produced by Gigasheet's methodologies, which may change without notice. You are solely responsible for independently verifying Gigasheet Data before relying on it for any contract negotiation, reimbursement, pricing, network, benefit design, patient care, or other decision, and for any decision you make in reliance on it.
License to Gigasheet Data. Subject to these Terms and any Order Form, Gigasheet grants you a limited, non-exclusive, non-transferable, non-sublicensable license during the Subscription Term to access and use Gigasheet Data for your internal business purposes and, if you provide advisory or consulting services, to include reasonable excerpts of Gigasheet Data in deliverables prepared for your own clients in the ordinary course of that business, provided that Gigasheet Data is not made available as a standalone dataset or product. Except as expressly permitted in an Order Form, you will not: (i) sell, resell, license, sublicense, distribute, publish, or otherwise make Gigasheet Data available to any third party; (ii) use Gigasheet Data to build, train, or improve any product, service, dataset, model, or index that competes with the Service; (iii) extract or download Gigasheet Data in bulk beyond the export limits of your subscription; (iv) remove or obscure any proprietary notice; or (v) publicly attribute any score, ranking, rate, or conclusion to Gigasheet without Gigasheet's prior written consent.
Ownership. As between you and Gigasheet, Gigasheet owns all right, title, and interest in Gigasheet Data, including its selection, coordination, arrangement, normalization, enrichment, scoring methodologies, and derived values, and all intellectual property rights therein. Nothing in these Terms transfers to you any rights in Gigasheet Data other than the license expressly granted above. Underlying facts obtained directly by you from a Third-Party Source are not restricted by this Section.
Changes to Gigasheet Data. Third-Party Sources change frequently. Gigasheet may add, update, correct, restate, or discontinue any dataset, field, methodology, or data product at any time. Gigasheet has no obligation to maintain historical versions of Gigasheet Data or to notify you of changes in Third-Party Sources.
Protected Health Information. The Service is not designed to receive protected health information as defined under HIPAA ("PHI") unless Gigasheet and you have executed a business associate agreement ("BAA"). Unless a BAA is in effect, you will not upload, transmit, or otherwise provide PHI to the Service, and you will de-identify claims and other health data in accordance with 45 C.F.R. 164.514 before providing it. If a BAA is in effect, the BAA governs PHI and controls over these Terms with respect to PHI.
If you upload or provide data to Gigasheet that is publicly available, including but not limited to data released under public domain licenses such as Creative Commons (CC0), data published by government agencies (for example, the U.S. Census Bureau, the Centers for Medicare and Medicaid Services, and voter registration and election data), Transparency in Coverage (TiC) data, or Hospital Price Transparency data made public under federal healthcare regulations, you grant Gigasheet a perpetual, worldwide, non-exclusive, irrevocable, royalty-free license to use, reproduce, modify, adapt, create derivative works from, aggregate, distribute, and commercialize such data. Gigasheet may incorporate this data into compiled datasets, enrich it with additional data, and make it available as part of commercial or non-commercial offerings.
You represent and warrant that any publicly available data you upload is lawfully available for such use and that you have the right to grant the license above. You agree not to upload any data as publicly available if it contains personally identifiable information or if doing so would violate any laws or third-party rights.
Fees. You agree to pay the fees stated in your Order Form or, for subscriptions purchased online, the fees displayed at the time of purchase, together with any applicable taxes. Fees are stated in U.S. dollars, are exclusive of sales, use, value-added, withholding, and similar taxes, and are non-cancellable and non-refundable except as expressly stated in these Terms or an Order Form. You are responsible for all taxes other than taxes on Gigasheet's net income.
Invoicing. Unless the Order Form states otherwise, fees under an Order Form are invoiced annually in advance and are due within thirty (30) days of the invoice date. Gigasheet requires payment in full of the first year's subscription fees before initiating configuration services, which include setup of third-party integrations, workflow automation, and customization of standard product capabilities. If you believe an invoice is incorrect, you must notify Gigasheet in writing within fifteen (15) days of the invoice date; undisputed amounts remain due on their original due date.
Automatic Renewal. Each Subscription Term will automatically renew for successive renewal terms equal in length to the initial term (or twelve (12) months, if the initial term was longer than twelve months) unless either party gives the other written notice of non-renewal at least thirty (30) days before the end of the then-current Subscription Term. Notice of non-renewal from you must be sent to support@gigasheet.com or the notice address in your Order Form. Renewal fees will be the fees in effect for the prior term unless Gigasheet notifies you of a fee change at least sixty (60) days before the renewal date, in which case you may give notice of non-renewal as described above. Subscriptions purchased online renew at the end of each monthly or annual billing period unless cancelled as described under "Cancellation."
Late Payment. Any amount not paid when due will accrue interest at the rate of one and one-half percent (1.5%) per month, or any portion of a month, from the due date until paid in full, or the maximum rate permitted by applicable law, whichever is less. If any amount remains unpaid ten (10) days after Gigasheet gives written notice that it is past due, Gigasheet may suspend your access to the Service, without liability, until all overdue amounts are paid. Suspension does not relieve you of your obligation to pay fees for the remainder of the Subscription Term.
Collections. If any amount remains unpaid thirty (30) days after its due date, Gigasheet may refer the account to a third-party collection agency or attorney without further notice. You agree to reimburse Gigasheet for all costs of collection, including collection agency fees, reasonable attorneys' fees, and court costs, in addition to the overdue amount and accrued interest. Gigasheet may also report delinquent accounts to commercial credit reporting agencies to the extent permitted by law.
Payment Methods (online subscriptions). To purchase a subscription online you must provide a current, valid, accepted method of payment ("Payment Method"). You authorize Gigasheet to charge your Payment Method for the subscription fee at the start of each billing period, and to charge any other Payment Method on file if the primary one is declined. If a charge is not successfully settled and you do not cancel, Gigasheet may suspend your access until a valid Payment Method has been charged. You can update your Payment Method at app.gigasheet.com under Settings, then Subscription and Usage, then Manage Billing. Fees are earned upon payment. If you purchased a Business or Enterprise plan, contact Gigasheet to update your payment method.
Cancellation. Subscriptions purchased online may be cancelled at any time at app.gigasheet.com under Settings, then Subscription and Usage, then Manage Billing, and access continues through the end of the current billing period, after which the account reverts to the free tier. If you subscribed through a third party, you may need to cancel through that third party. Subscriptions under an Order Form may not be cancelled before the end of the Subscription Term except as provided in the Order Form, and fees for the full Subscription Term remain payable. Gigasheet may remove stored data from free-tier, cancelled, or downgraded accounts at any time; export anything you need before cancelling. For help with cancellation, contact support@gigasheet.com.
Changes to Plans and Pricing (online subscriptions). Gigasheet may change online subscription plans and pricing from time to time and will give you at least thirty (30) days' notice before a change affects your subscription. If you do not accept the change you may cancel before it takes effect.
No Refunds. To the extent permitted by applicable law, payments are non-refundable, and Gigasheet does not provide refunds or credits for partial periods, unused functionality, or downgrades.
You may cancel your Gigasheet Account at any time. We may change Gigasheet, stop providing Gigasheet or features of Gigasheet to you or to our users generally, or create usage limits for Gigasheet. We may permanently or temporarily limit, terminate or suspend your access to Gigasheet without notice and liability, without cause or for any reason, including if in our sole determination you violate any provision of these Terms. Upon termination, you continue to be bound by these Terms.
Please note: Gigasheet reserves the right to remove stored data at any time and at its sole discretion. Users are encouraged to export or back up any important data.
You acknowledge and agree that Gigasheet and all materials and content displayed or made available on Gigasheet, and all software, algorithms, code, technology and intellectual property underlying and included in or with Gigasheet, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our "Intellectual Property"), are our (or our licensors’ as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property.
You may choose to, or we may invite you to submit, comments, feedback or ideas about Gigasheet, including without limitation about how to improve Gigasheet or our products ("Feedback"). By submitting any Feedback, you agree that Gigasheet will own such Feedback, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
We care about the privacy of our users. By using Gigasheet you acknowledge that we may collect, use, and disclose your personal information and aggregate and/or anonymized data as set forth in our Privacy Policy, available at gigasheet.com/privacy, and acknowledge that you may have your personal information collected, used, transferred to and processed in the United States.
We take security seriously. We have implemented commercially reasonable technical and organizational measures designed to secure Your Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your Content for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you provide Your Content at your own risk. You can learn more about our security practices at gigasheet.com/security.
You agree to defend, indemnify and hold us and our affiliates, agents, suppliers or licensors (and our and their employees, contractors, agents, officers and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your access to or use of Gigasheet; (ii) your violation of any aspect of these Terms, including without limitation your breach of any of your representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) Your Content, including without limitation any misleading, false, or inaccurate information in Your Content; (vi) your willful misconduct; or (vii) any third party’s access to or use of Gigasheet with your username(s), password(s) or other security code(s).
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF OUR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT ANY CONTENT ON OUR SERVICE, ANY GIGASHEET DATA, OR ANY THIRD-PARTY SOURCE IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICE OR ANY DOWNLOAD OF CONTENT THROUGH THE USE OF OUR SERVICE. FEDERAL LAW, SOME STATES OR PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Use of AI Services. Gigasheet's AI-powered features, including Sheet Assistant, leverage artificial intelligence services provided by third-party AI providers (currently including OpenAI) ("AI Providers") to process user prompts and generate instructions for actions within the Gigasheet platform. To enable this functionality, Gigasheet may transmit limited information to an AI Provider, including user-entered prompts, file metadata (such as column names, data types, and a small sample of rows), and information necessary to construct API calls to Gigasheet. Gigasheet does not use your data for AI training purposes.
Data Sharing Limitations. Gigasheet does not transmit full datasets to an AI Provider without your explicit consent (for example, if you share a file through Gigasheet's file sharing features or initiate an enrichment that uses an AI Provider). Gigasheet does not share your identity, email address, or company name with AI Providers. Only the minimum data reasonably necessary to fulfill the prompt is transmitted. Gigasheet's integrations with AI Providers restrict access to predefined API endpoints, apply rate limits, and use guardrails to protect user data.
User Responsibility. By using AI-powered features, you acknowledge and agree that:
No Warranties for AI Output. Gigasheet makes no representations or warranties regarding the accuracy, reliability, or suitability of AI-generated responses. You agree that Gigasheet shall not be liable for any damages, losses, or claims arising from your reliance on AI-generated output.
Changes. Gigasheet may modify, suspend, or discontinue AI-powered features or change AI Providers at its discretion and may update this Section to reflect changes in technology, AI Provider services, or applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, GIGASHEET DATA, OR ANY THIRD-PARTY SOURCE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; (VII) ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON GIGASHEET DATA; AND/OR (VIII) YOUR DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Receiving Party will: (i) use the Disclosing Party's Confidential Information only to perform its obligations or exercise its rights under these Terms and any Order Form; (ii) not disclose Confidential Information to any third party except to its employees, contractors, advisors, and affiliates who need to know it for those purposes and who are bound by confidentiality obligations at least as protective as this Section; and (iii) protect Confidential Information using at least the same degree of care it uses for its own confidential information of a similar nature, and no less than reasonable care. The Receiving Party is responsible for any breach of this Section by anyone to whom it discloses Confidential Information. These obligations continue for three (3) years after the end of the Subscription Term, except that obligations regarding trade secrets continue for as long as the information remains a trade secret. Upon the Disclosing Party's written request, the Receiving Party will return or destroy the Disclosing Party's Confidential Information, except for copies retained in routine backups or as required by law, which remain subject to this Section. Gigasheet Data is Gigasheet's Confidential Information; Your Content is your Confidential Information.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. For any dispute with Gigasheet, you agree to first contact us at legal@gigasheet.com and attempt to resolve the dispute informally for at least thirty (30) days. If the dispute is not resolved, any claim, dispute, or controversy arising out of or relating to these Terms, any Order Form, or the Service, including the validity, enforceability, or scope of this arbitration provision, will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or, for claims by an individual consumer, its Consumer Arbitration Rules) then in effect. The arbitration will be conducted by a single arbitrator, seated in Leesburg, Virginia, in English, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may award any relief a court could award to the individual party, but may not award relief for or against anyone who is not a party. Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or Confidential Information, as described under "Governing Law." Each party bears its own attorneys' fees and costs unless the arbitrator finds a claim frivolous, and the parties split the arbitration fees except as the applicable rules require Gigasheet to pay a consumer's share. You may opt out of this arbitration provision by emailing legal@gigasheet.com within thirty (30) days of first accepting these Terms; opting out does not affect any other provision.
You understand and acknowledge that Gigasheet may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export control and trade and economic sanctions laws, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the U.S. State Department. Neither you, nor any person to which you make Gigasheet available or that is acting on your behalf, or, if you are an Organization, any of your subsidiaries, or any of your or their directors, officers or employees, or any person owning 50% or more of your equity securities or other equivalent voting interests, is (i) a person on the List of Specially Designated Nationals and Blocked Persons or any other list of sanctioned persons administered by OFAC or any other governmental entity, or (ii) a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade and economic sanctions or embargoes.
We may identify you as a Gigasheet customer in our promotional materials. We will promptly stop doing so upon your request sent to support@gigasheet.com.
We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain notifications as required under applicable laws or as described in these Terms or our Privacy Policy. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the "last updated" date at the top of this page and notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of our Service effective as of the start of your access to or use of our Service, even if such access or use began before publication of these Terms. Your continued use of Gigasheet after any such change constitutes your acceptance of the new Terms. If you do not agree to any part of these Terms or any future Terms, do not use or access (or continue to access) Gigasheet. If you are subscribed under an Order Form, material changes to these Terms will not apply to you until the start of your next renewal term, unless the change is required by law or you agree to it in writing.
These Terms, any Order Form, any BAA, and any other written agreement signed by both parties constitute the entire agreement between you and us concerning the Service and supersede all prior or contemporaneous proposals, communications, and agreements, oral or written. None of our employees or representatives are authorized to make any modification or addition to these Terms except in a written agreement signed by both parties. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of Gigasheet. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement will be unenforceable.