GigGenius.io Web Portal Service — Terms of Service

By accessing or using the Site, you ("you" or "user") agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Site.

You must be at least 18 years old and have the legal capacity to enter into a contract to use the Site.

To access certain features of the Site, you will be required to create an account ("Account"). You are responsible for maintaining the confidentiality of your Account credentials and are fully responsible for all activities that occur under your Account. You agree to provide accurate and complete information during the registration process and to update your information as necessary.

4.1. General Use: The Site is a freelance marketplace that connects businesses ("Clients") with freelancers ("Geniuses"). You may use the Site to:

Clients: Post Gigs, find and hire Geniuses, communicate with Geniuses, and manage projects.

Geniuses: Create profiles, apply for projects, communicate with Clients, and receive payments for completed work.

4.2. Prohibited Activities: You may not use the Site for any purpose that is unlawful or prohibited by these Terms, including but not limited to:

• Violating any local, state, national, or international law or regulation.
• Infringing upon the intellectual property rights of others.
• Posting or transmitting any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially or ethnically offensive, or otherwise objectionable.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
• Interfering with or disrupting the Site or servers connected to the Site.
• Attempting to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to the Site.
• Collecting or storing personal data about other users without their consent.
• Using the Site for any commercial purpose other than as expressly permitted by GigGenius.
• Engaging in any activity that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

Additional Prohibited Activities for Marketplace Users:

• Conducting Transactions Outside the Platform: Users must not engage in, encourage, or facilitate any transaction, payment, or contractual arrangement outside of the GigGenius platform for services that were initiated or negotiated through GigGenius. Engaging in such activity may result in suspension or permanent banning.
• Circumventing Platform Fees: Users may not attempt to avoid paying applicable GigGenius fees by conducting or accepting direct payments outside the platform.
• Posting Misleading or Fraudulent Information: Users may not post false, misleading, or inaccurate information in their profiles, job listings, or communications.
• Submitting Fake Reviews or Feedback: Users may not manipulate or interfere with the review system by creating false accounts, submitting fake feedback, or coercing others to leave biased reviews.
• Using Multiple or Fake Accounts: Creating multiple accounts without authorization, using another person’s account, or misrepresenting your identity is prohibited.
• Spamming or Unsolicited Communication: Sending unsolicited messages, advertisements, or promotional content to other users is not permitted.
• Sharing or Requesting Contact Information Before Engagement: Users should not share personal contact details (such as email, phone, or social media handles) before a project officially begins on GigGenius to protect against scams and ensure traceability.
• Dishonest Project Conduct: Clients who falsely claim undelivered work, or freelancers who falsely claim completion without delivery, are subject to investigation and may face suspension or permanent banning.

4.3. Suspension and Enforcement Policy:

GigGenius reserves the right to investigate and take appropriate action against any user who, in the platform’s sole discretion, violates these Terms or engages in any prohibited activity. Disciplinary actions may include:

• Warning: Written warning for first-time or minor violations.
• Temporary Suspension: Account suspension for a defined period in case of moderate or repeated violations. Access to the Site and pending withdrawals may be restricted during this period.
• Permanent Ban: Permanent account termination for serious or repeated violations, fraudulent activity, or actions compromising user safety or platform integrity.

GigGenius also reserves the right to withhold any pending payments or earnings associated with fraudulent or disputed activities until the matter is resolved.

5.1. Ownership: You retain all ownership rights to any content you submit to the Site ("User Content"). However, by submitting User Content, you grant GigGenius a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display your User Content in any media or format, whether now known or hereafter devised, for any purpose.

5.2. Responsibility: You are solely responsible for the User Content you submit to the Site. You represent and warrant that you own all rights to your User Content or have obtained all necessary permissions, licenses, and releases. You are also responsible for ensuring that your User Content complies with these Terms.

The Site contains content owned by GigGenius, including but not limited to text, graphics, logos, images, and software ("GigGenius Content"). GigGenius Content is protected by copyright and other intellectual property laws. You may not use GigGenius Content for any purpose other than as expressly permitted by GigGenius.

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify GigGenius immediately of any unauthorized use of your Account or any other security breach.

8.1. Payment Processing: GigGenius uses a secure third-party payment processor to handle all financial transactions conducted through the Site. You are responsible for ensuring that your payment information, including billing details and account data, is accurate and up to date. GigGenius does not store full payment details and is not liable for any losses or errors arising from inaccurate or outdated information provided by users.

8.2. Types of Payment: GigGenius supports three types of payment arrangements between Clients and Geniuses (Freelancers):

• Hourly Payment: Compensation based on the number of hours worked and logged through the GigGenius time tracker.
• One-Time Payment: A fixed payment for the entire project or task, agreed upon in advance by both parties.
• Milestone Payment: A project divided into stages or deliverables, with separate payments released after each milestone is completed and approved.

8.3. Escrow System and Funding Requirement: For Hourly and Milestone projects, Clients are required to deposit the agreed payment amount into the GigGenius Escrow System before work begins.

Clients will not be able to post a job or hire a Genius until the chosen payment method has been successfully funded.

Geniuses (Freelancers) will not be able to start tracking time or work on a project until the corresponding escrow amount has been funded.

This ensures that sufficient funds are available to cover the project or milestone cost, providing payment protection for both parties. Once the Client approves the completed work or milestone, GigGenius will release the payment to the Genius according to the platform’s payment schedule. If the Client does not respond within the specified review period after submission, GigGenius reserves the right to automatically release payment to the Genius, unless a valid dispute has been filed.

8.4. Payment Disputes: In the event of a payment dispute between a Client and a Genius, either party must submit a support request through the GigGenius platform. GigGenius will conduct an impartial review of the dispute and may request supporting evidence such as proof of work, communication logs, or payment records.

During the review process, payments associated with the disputed project or milestone may be temporarily placed on hold until a resolution is reached. GigGenius reserves the right to make a final determination based on the evidence and information provided by both parties. Failure by either party to cooperate, respond to communication requests, or submit adequate documentation may result in forfeiture of the disputed amount. GigGenius’s decision in such cases shall be considered final and binding.

8.5. Off-Platform Transactions: All payments for services initiated, negotiated, or completed through GigGenius must be processed within the platform. GigGenius is not responsible for any loss, fraud, or non-payment resulting from off-platform transactions. Engaging in off-platform transactions may result in account suspension or permanent banning, in accordance with Section 4.2 (Prohibited Activities).

8.6. Refunds and Cancellations:

Refund Eligibility: Refunds may be issued at GigGenius’s discretion in the following circumstances:

• The Client cancels a project before work has started, and the funds are still in escrow.
• A milestone, hourly, or one-time payment project is canceled after work has started only if a verified issue occurs, such as non-delivery of work, violation of platform rules, or breach of agreed project terms.

Escrow Handling: If a refund is approved, the relevant funds in escrow will be returned to the Client’s payment method according to the payment processor’s policies. Any fees already incurred by the platform or payment processor may be deducted from the refund amount, as applicable.

Dispute Resolution: In cases where a refund request is disputed, GigGenius will review supporting evidence from both the Client and the Genius, including project communications, submitted work, and time logs. GigGenius reserves the right to make a final determination regarding the refund based on the evidence provided.

Non-Refundable Circumstances: Payments made outside of the GigGenius platform are not eligible for refunds under any circumstances. Refunds will not be granted if a Client has approved work in good faith or failed to submit a dispute within the allowed review period.

Clients must submit a support request through the GigGenius platform to initiate a cancellation or request a refund. Geniuses (Freelancers) may not unilaterally cancel a project without proper documentation or agreement from the Client and GigGenius Support.

9.1. Platform Requirement: All contracts and payments must be made within the GigGenius platform. Any contracts or transactions conducted outside the platform will result in the user's account being banned from the website.

9.2. Protection: GigGenius provides a secure platform for Clients and Geniuses to interact and complete projects. However, GigGenius is not responsible for any losses or damages resulting from transactions conducted outside the platform.

10.1. Geniuses: All Geniuses must submit valid identification documents for verification purposes.

10.2. Clients: All Clients must submit proof of business registration for verification purposes.

Clients and Geniuses are allowed to communicate directly with each other on their preferred chat/messaging platform. However, all official communication regarding project details, deadlines, and payments must be conducted through the GigGenius platform.

GIGGENIUS PROVIDES ITS FREELANCE MARKETPLACE "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AVAILABILITY. GIGGENIUS DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE ACCESS, NOR THAT THE SITE IS FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT RESULTS OBTAINED FROM ITS USE WILL BE ACCURATE OR RELIABLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIGGENIUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF GIGGENIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless GigGenius.io Web Portal Service, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Site or violation of these Terms.

15.1. User Verification: GigGenius employs facial recognition and manual verification during registration to foster a secure environment and deter fraudulent activity. While these measures significantly reduce the risk of scams, users are ultimately responsible for exercising caution and conducting their own due diligence when interacting with others on the platform.

15.2. Your Role in Security: Although GigGenius strives to maintain a scam-free environment, we cannot guarantee it. Users must assess each situation independently and take proactive steps to protect themselves from potential scams. Any losses incurred due to user negligence are not the responsibility of GigGenius.

15.3. Data Consent: By registering, you consent to the use of your facial data for identity verification and fraud prevention, as detailed in our Privacy Policy.

16.1. Standard Commission: GigGenius operates on a 10% commission model, which is deducted from each payout made to freelancers ("Geniuses") upon successful completion of a project. This commission supports the platform’s operations, maintenance, and continued development.

16.2. Course Commissions: While some educational courses are offered for free, GigGenius also takes a 5% commission on paid courses sold by mentors who choose to host their content on our platform. This commission helps support the platform's learning resources and mentor programs.

16.3. Transparency: GigGenius does not earn revenue from the sale of connects, bids, credits, or any other form of paid application system. Our primary sources of revenue are the commission earned from completed projects and the commission from paid mentor courses, ensuring a transparent and fair environment for all users.

16.4. Processing Fees: Please note that GigGenius does not cover any processing fees associated with payments. These fees may be incurred when paying freelancers ("Geniuses") for completed projects or when purchasing paid courses from mentors. Users are responsible for understanding and covering any applicable processing fees.

17.1. Reduced Commission Rate: GigGenius is committed to promoting inclusivity and equal opportunity. To support freelancers with disabilities, the platform applies a reduced commission rate of 5% (instead of the standard 10%) for eligible PWD users.

17.2. Eligibility Criteria: To qualify for the reduced commission rate, a freelancer must provide valid documentation proving any of the following recognized disabilities: Show List

17.3. Verification: All PWD freelancers seeking to avail of the reduced commission must submit appropriate identification or certification (such as a government-issued PWD ID or equivalent medical documentation) for verification.

17.4. Commitment to Inclusion: This initiative is part of GigGenius’s broader mission to create an accessible, inclusive, and empowering online workspace that values skill and talent over circumstance.

18.1. No Purchase Requirement: GigGenius eliminates the need for users to purchase connects, bids, or credits to apply for gigs. All freelancers (“Geniuses”) can apply freely without any pay-to-apply system.

18.2. Free Credit System: Freelancers receive free application credits, which are automatically replenished under the following conditions:

• When an applicant is rejected for a gig;
• When an applicant is accepted for a gig; or
• When a job listing expires after 30 days.

This system allows freelancers to apply for opportunities continuously without financial barriers or hidden costs.

18.3. Equal Opportunity Policy: GigGenius strictly prohibits any form of artificial profile boosting, paid ranking, or algorithmic manipulation designed to unfairly promote a user’s visibility. All freelancers are provided equal opportunity for exposure and job access based solely on skill, performance, and merit, not paid advantages.

Active business owners who continue to use GigGenius services are eligible to receive free access to a GHL CRM sub-account, providing tools for client management, communication, and workflow optimization.

19.1. Inactive Accounts and Maintenance Fee: If your GigGenius Account remains inactive for a continuous period of two (2) months, you will receive an email notification reminding you of your account’s inactive status. If the account remains inactive after such notification, a monthly maintenance fee of USD $39 will be automatically charged to your registered payment method to maintain account data, security, and system resources. You may avoid this charge by logging into your account at any time before the fee is applied.

20.1. Installment Payments: Registered Filipino startup business owners using GigGenius may opt to pay service fees or subscriptions on an installment basis through Bank Installment or Buy Now, Pay Later (BNPL) partners such as HomeCredit, BillEase, and Skyro Financing.

20.2. Eligibility: Approval and terms for installment payments are subject to the financing partner’s policies and credit evaluation. GigGenius is not responsible for decisions made by third-party financing institutions.

GigGenius reserves the right to update or modify these additional terms at any time to reflect changes in system functionality, verification processes, or partnership arrangements. Continued use of the Site after such updates constitutes acceptance of the modified Terms.