Qiggz Terms of Use

Definitions, Acceptance, and Modifications

Qiggz is an online marketplace platform for local professional services that connects Job Posters and Service Providers (collectively, “Users”). Job Posters list Gigs, or requests for professional services, on the Qiggz Platform. Service Providers are independent professional service providers who bid on these Gigs and, if selected and contracted by the Job Poster, provide the contracted professional services to the Job Poster. The Qiggz Platform includes the Qiggz website, mobile applications, and other related software and services, together with the various content, features, and services they offer.

These Terms of Use govern your access to and use of the Qiggz Platform. If you do not agree to these terms, you may not access or use the Qiggz Platform. By using the Qiggz Platform you agree to be bound by these terms. If you use the Qiggz Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” will refer to that entity, its directors, officers, employees, and agents.

In its sole discretion, Qiggz may modify these Terms of Use at any time and without prior notice. Qiggz will notify Users of changes by either updating the Terms of Use posted on the website, by sending emails, by sending in-app or in-website messages, or by a combination of these methods. If you do not agree to the changes, you must discontinue access to or use of the Qiggz Platform immediately. Your continued use of the Qiggz Platform after the modifications have become effective will constitute your consent to the changes. At Qiggz’s sole discretion, we may at times also prompt Users to expressly accept updated Terms of Use. Modifications will become effective upon the earlier of 1) when a User has expressly accepted the updated Terms of Use, or 2) 30 days after notification of an update has been provided to the User through any means.

Accessing and Using the Qiggz Platform

Users must be at least 18 years of age and must be able to form legally binding contracts under applicable laws. By accessing or using the Qiggz Platform, you represent and warrant that you meet these requirements.

You agree to provide accurate, current, and complete information during the registration process and at all other times when you use the Qiggz Platform, and to update information to keep it accurate, current, and complete. You are liable for the losses of Qiggz or others due to any unauthorized use of your account related to your failure to comply with these Terms of Use. You are solely responsible for all activity that occurs on your Account, and you will notify Qiggz immediately of any unauthorized use. Your account is non-transferable except with Qiggz’s written permission and in accordance with our policies and procedures. You are solely responsible for safeguarding the password(s) used to access your account. Qiggz is not liable for any losses by any party caused by an unauthorized use of your Account.

You agree to comply with all applicable laws in your use of the Platform and any personal information obtained from the Platform.

Qiggz may limit, suspend, or terminate your access to the Qiggz Platform if we reasonably believe that you have violated these Terms of Use, applicable laws, or engaged in conduct that materially harms Qiggz, other Users, or the integrity of the Platform. Where reasonably practicable, Qiggz will provide notice and an opportunity to address the issue prior to taking action. Qiggz reserves the right to take immediate action without prior notice where necessary to prevent fraud, abuse, security risks, or legal violations. Qiggz shall not be liable for losses resulting from such actions except as required by applicable law or for any prepaid but unused subscription fees. Upon termination, you must immediately cease accessing or using the Qiggz Platform. All provisions of these Terms of Use which by their nature should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability, shall survive.

Third parties may link to or otherwise direct Users to the Qiggz app or website, and Qiggz and our Users may link to or otherwise direct users to third parties and their websites. Qiggz does not have any control over such third parties, their content, their policies, or their security practices. By accessing or using the Qiggz Platform, you acknowledge and agree that any usage of third party websites and reliance on any information or services provided by third parties is at your own risk. You further agree that Qiggz will not be responsible or liable for any such usage or reliance on third-party websites, content, or services, except as required by applicable law.

The Qiggz Platform is provided on an "as is" and "as available" basis and may be subject to outages, delays, or technical issues. To the fullest extent permitted by applicable law, Qiggz shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to such issues, including loss of profits or business interruption. Nothing in these Terms of Use excludes or limits liability for gross negligence, willful misconduct, or any liability that cannot be excluded under applicable law.

Registering as a Service Provider; Posting and Bidding on Gigs

By registering as a Service Provider, you authorize Qiggz to conduct identity verification and, where applicable and permitted by law, background checks through third-party service providers. Any such checks will be performed in compliance with applicable laws, including the Fair Credit Reporting Act (FCRA), and you will be provided all required disclosures, notices, and rights where applicable. Qiggz treats personal information with strict confidentiality and will only share personal information with third-party service providers when reasonably necessary to provide Platform services and only after obtaining your explicit consent. Such consent may be obtained through in-app authorization, email confirmation, or other clear affirmative consent mechanisms.

By posting a Gig on the Qiggz Platform, you represent and warrant that your Gig complies with all applicable laws and regulations.

By using the Qiggz Platform to bid on a Gig, you represent and warrant that they and all parties they will work with to fulfill that Gig, including but not limited to employees, agents, contractors, subcontractors, and suppliers, are appropriately and fully qualified and experienced, and furthermore are licensed, certified, bonded, and/or insured as required by all applicable laws or regulations in relation to the professional service(s) they are offering perform.

Direct Dealing Between Job Posters and Service Providers; No Representations or Warranties

By using the Qiggz Platform, whether as a Job Poster or as a Service Provider, you acknowledge and agree that you are a customer of Qiggz and are not affiliated with Qiggz in any other capacity, including as an employee, independent contractor, consultant, partner, joint venturer, or agent. You further acknowledge and agree that Job Posters and Service Providers operate as independent parties and that Qiggz does not control Users’ decisions to post, bid on, accept, or perform Gigs, nor the terms of any agreements between Users, including the scope, timing, location, pricing, payment methods, quality, or manner of services provided or received. Qiggz’s role is limited to providing the Platform and enforcing its Terms and policies.

By using the Qiggz Platform, you acknowledge and agree that Qiggz does not sell or otherwise provide any professional services. You understand and agree that any dealings between Job Posters and Service Providers are between those parties directly and exclusively and do not involve Qiggz in any capacity. You further understand and agree that Qiggz makes no representations and provides no warranties with respect to any Gigs, Job Posters, or Service Providers.

These Terms of Use require Users to provide accurate information, but Qiggz does not make any representations about, confirm, or endorse any User or their purported identity or background. Any references to a User being a “top service provider”, “top Poster”, “checked”, or similar language indicates only that the Service Provider has completed a relevant account process or met certain review standards, and do not represent an endorsement, certification, or guarantee by Qiggz. Such descriptions do not verify a User’s identity, whether they or their professional services are licensed, insured, trustworthy, safe or suitable, or whether they or their Gigs are trustworthy, safe, or suitable.

You acknowledge and agree that any dealings, agreements, or disputes between Job Posters and Service Providers are solely between those parties, and it is the responsibility of each party to conduct appropriate due diligence and ensure that any agreement entered into between them is valid, enforceable, and honored. Qiggz is not responsible or liable for losses arising from such direct dealings, including poor performance, nonperformance, or payment disputes. Notwithstanding the foregoing, Qiggz reserves the right, but not the obligation, to conduct internal investigations and take appropriate action, including suspending or banning Users, if Qiggz reasonably believes that a User has intentionally misrepresented, miscommunicated, or engaged in deceptive or abusive conduct. Nothing in this section limits liability that cannot be excluded under applicable law.

The Code of Conduct and Violations of the Terms of Use

Your access to and use of the Qiggz Platform is conditioned upon your acceptance of and continued adherence to the Code of Conduct. As part of the Code of Conduct, you agree not to:

• Register more than one User account without our written permission, use another person’s account, or sell, share, or otherwise transfer your User account to another person.
• Provide false or misleading information or make any misrepresentations on the Qiggz Platform, including but not limited to misrepresenting your identity or qualifications, any Gigs you post, or any professional services you offer.
• Take any action intended to or which may reasonably be foreseen to interfere with the proper working of the Qiggz Platform, including but not limited to bypassing measures preventing, restricting, or limiting access; circumventing, disabling, or otherwise interfering with security features; probing, scanning, or otherwise testing security vulnerabilities; distributing malicious viruses or similar software; or overwhelming the Qiggz Platform with messages, posts, or other content in a manner that unreasonably encumbers performance.
• Use any automated system, including but not limited to robots, spiders, offline readers, or scrapers, to access the Qiggz Platform without our prior written approval.
• Use the Qiggz Platform in any way that could interfere with the rights of Qiggz or its Users, including but not limited to reproducing, duplicating, copying, modifying, selling, re-selling, or exploiting any content on the Qiggz Platform in any manner inconsistent with these Terms of Use or collecting, harvesting, publishing, or selling any personal information for any reason not explicitly authorized by these Terms of Use without Qiggz’s express written consent.
• Take any action that may undermine the efficacy or accuracy of reviews or ratings systems.
• Fail to comply with a User’s requests (including those made through Qiggz on a User’s behalf) to no longer receive phone calls, text messages, e-mails, or any other communications from you, or taking any action to reverse look-up, trace, or seek to trace information on any other User.
• Submit inappropriate or unlawful content to or through the Qiggz Platform, including content of a harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory nature; that advocates, promotes, or encourages inappropriate activity; that would be considered a criminal offense; or that would give rise to civil liability or violate any law.
• Use the Qiggz Platform to advertise or promote any products or services not offered on or through the Qiggz Platform, to offer to purchase any products or services outside of the Qiggz Platform, or to recruit, solicit, or contact in any form Users for employment or any other use not specifically intended by the Platform.
• List a Gig or offer professional services not appropriate for the Platform, including those not in supported categories.
• List a Gig or offer professional services with no intention of following through with the involved services or with payment for those services, or to otherwise deal with other Users in bad faith.
• Fail to perform professional services for a Job Poster as agreed under your contract with that Job Poster, or fail to pay a Service Provider for professional services performed under your contract with that Service Provider, unless the other party has failed to meet a material term of your contract.
• Fail to comply with any applicable laws or regulations.
• Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Qiggz Platform.
• Attempt to indirectly undertake any of the foregoing.

Qiggz reserves sole discretion to may take any action permitted by law for any violation of the Code of Conduct or any other Terms of Use, up to and including terminating your account, pursuing monetary penalties or remedies, or cooperating with law enforcement agencies.

Qiggz is not responsible for any actions taken by Users that violate the End User License Agreement (EULA), including but not limited to scraping, harvesting, or collecting data from pages or services in a manner that violates applicable laws, regulations, or these Terms of Use. Users are solely responsible for ensuring their compliance with all relevant agreements and laws. Users are prohibited from using any data scraped or collected in violation of these Terms of Use to populate a service provider profile or for any other unauthorized purpose.

Qiggz is not responsible or liable for outcomes, losses, or disputes arising from interactions or agreements between Users. Users are solely responsible for evaluating the authenticity, qualifications, and suitability of other Users. Nothing in this section limits liability that cannot be excluded under applicable law.

User-Submitted Content and Feedback

As a condition of submitting content to or through the Qiggz Platform, you grant Qiggz a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, display, and distribute such content solely for the purpose of operating, maintaining, improving, and promoting the Qiggz Platform and related services. This license remains in effect only for as long as the content is made available on the Platform, except as required for legal, regulatory, dispute resolution, or backup purposes. Qiggz does not claim ownership of user-submitted content and does not sell user-submitted content or personal information to third parties for advertising or marketing purposes. Customer privacy is considered a core value at Qiggz, and any sharing of information with third parties is strictly limited to what is necessary to operate the Platform or where the user has provided explicit consent.

Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all content that you submit to or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Qiggz the rights in such content, as contemplated under these Terms; and (b) neither such content, nor your submitting of it to or through the Qiggz Platform, nor Qiggz’s use of such content (or any portion thereof) will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You understand and agree that Qiggz may edit or remove any such content you have submitted at any time and for any reason, and you understand and agree that it remains your sole responsibility to monitor any such content you have submitted and ensure that any such edited content is accurate and consistent with your representations and warranties in these Terms of Use. You acknowledge and agree that you are solely responsible for all content that you submit to or through the Qiggz Platform.

By accessing or using the Qiggz Platform, you acknowledge and agree that interacting with content submitted by other Users is at your own risk. Qiggz is not responsible or liable for the results of such interactions, except as required by applicable law

By sending us any feedback, comments, questions, suggestions, or ideas regarding Qiggz or the Qiggz Platform (“Feedback”), you acknowledge that Qiggz is under no obligation of confidentiality with respect to such Feedback. You grant Qiggz a non-exclusive, royalty-free, worldwide license to use, modify, and incorporate such Feedback solely for the purpose of operating, improving, and promoting the Qiggz Platform.

This section and any licenses granted to Qiggz under the terms of this section will survive termination of the Qiggz Platform or your account.

Intellectual Property Ownership and Your License to Use It; Copyright Infringement

Qiggz and our licensors exclusively own all right, title, and interest in and to the Qiggz Platform, including all associated intellectual property rights. Aside from user-submitted content, all other content on the Qiggz Platform, including but not limited to all text, graphics, media, data, and software, are the exclusive property of Qiggz and/or its licensors and are protected by all United States and international copyright laws.

Subject to full compliance with these Terms of Use, Qiggz grants authorized users a nonexclusive, non-transferable, non-sublicensable, terminable license to access and use the Qiggz Platform for your personal use. Qiggz may modify, update, suspend or discontinue the Qiggz Platform, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Qiggz shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Qiggz Platform or any of its content for any purpose except for your personal use and as described in these Terms of Use, without our express written consent.

If you believe any materials accessible on the Qiggz Platform infringes your copyright, you may request removal of access to those materials by sending written notification to support@qiggz.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: your physical or electronic signature; identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Qiggz Platform, a representative list of such works; identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; a statement that the information in the written notice is accurate; and a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. You may be held liable for damages, including costs and attorneys fees, if you knowingly materially misrepresent that material or activity on the Qiggz Platform is infringing your copyright.

Limitation of Liability; Indemnification and Release; Statute of Limitations; No Third Party Beneficiaries

In jurisdictions that allow limitations of liability, you agree that the total aggregate liability of Qiggz, its affiliates and subsidiaries, and the officers, directors, employees, and agents thereof relating to any claim by you in connection to any part of the Qiggz Platform will in no event exceed the total amount of fees actually paid to Qiggz by you through the Qiggz Platform, or USD$100 if no such payments have been made.

To the fullest extent permitted by applicable law, neither Qiggz nor any party involved in designing, developing, or operating the Qiggz Platform shall be liable for any incidental, special, exemplary, or consequential damages, including business interruption or loss of profits. Nothing in these Terms excludes or limits liability for personal injury, gross negligence, willful misconduct, or any liability that cannot be excluded under applicable law.

You agree to defend, indemnify, and hold harmless Qiggz, its affiliates and subsidiaries, and their respective officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or related to your violation of these Terms of Use, your use of the Qiggz Platform, your content, or your interactions with other Users or third parties, to the extent permitted by applicable law.

In jurisdictions that permit it, you agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Qiggz Platform must begin within 1 year of the cause of action or else be permanently barred.

You agree that, except as otherwise clearly provided in these Terms of Use, there will be no third-party beneficiaries to these Terms of Use.

Miscellaneous Provisions

Together with the Privacy Policy, the End User License Agreement, and any additional signed written legal agreements between you and Qiggz presently in force, the Terms of Use constitute the entire agreement between you and Qiggz concerning the Qiggz Platform.

If any rule of the Terms of Use is found to be unenforceable or invalid, that rule shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

No waiver of any rule of these Terms of Use will be deemed a further or continuing waiver of such term or any other term, and Qiggz’s failure to assert any right or rule under these Terms of Use will not constitute a waiver of such right or rule.

These Terms of Use are not assignable, transferable or sublicensable by you except with Qiggz’s prior written consent. We may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.

The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice or conflict of law rule or rule (either of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Washington.

You agree that any claim or dispute you may have against Qiggz must be resolved exclusively in the state or federal courts located in King County, Washington, including the United States District Court for the Western District of Washington, located in Seattle, Washington, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of these courts for the purpose of litigating all such claims or disputes and waive any jurisdictional or venue objections otherwise available.

Messaging Terms & Conditions