Terms of Service

These Terms of Service ("Terms") are a legal agreement between you ("you" or "your") and PRCV Tech Inc. ("PRCV Tech," "we," "us," or "our"), a corporation incorporated under the federal laws of Canada with its principal place of business in Ontario, Canada.

These Terms govern your access to and use of the GigaTime mobile application and the gigatime.io website (collectively, the "Services").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Definitions

• "Account" means the user account you create to access the Services.
• "Content" means any data, text, files, documents, images, or other materials you upload, submit, or store through the Services.
• "Organization" means the business entity you create or join within the Services.
• "Subscription" means a paid plan that provides access to additional features and higher usage limits.
• "Free Tier" means the no-cost plan with limited features and usage caps.
• "Aggregated Data" means data that has been anonymized, aggregated, or de-identified such that it can no longer be used to identify you or any individual.

2. Eligibility

2.1 Age Requirement

You must be at least 16 years of age to create an account and use the Services. If you are between 16 and 18 years of age (or the age of majority in your jurisdiction), you represent that a parent or guardian has reviewed and agrees to these Terms on your behalf.

2.2 Business Use

The Services are designed primarily for business and professional use, including time tracking, invoicing, expense management, client management, and job scheduling for tradespeople, contractors, freelancers, and small business operators. By using the Services, you represent that you are using them for legitimate business or professional purposes.

2.3 General Requirements

To use the Services, you must:

• Not be prohibited from using the Services under applicable law
• Provide accurate and complete registration information
• Have the legal authority to enter into these Terms

If you are creating an Organization, you represent that you have the authority to bind that business entity to these Terms.

3. Account Registration and Security

3.1 Account Creation

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password and login credentials secure and confidential
• Notify us immediately at info@gigatime.io if you become aware of any unauthorized access

3.2 Account Responsibility

You are responsible for all activities that occur under your account, whether or not you authorized them. We are not liable for any loss or damage arising from unauthorized use of your account.

3.3 Multi-Factor Authentication

We offer multi-factor authentication (MFA) to enhance account security. While not required, we strongly recommend enabling MFA.

4. Subscription Plans and Payments

4.1 Plans

Prices are in Canadian dollars (CAD) for customers in Canada and United States dollars (USD) for customers in the United States. All prices are exclusive of applicable taxes. We reserve the right to change pricing with at least 30 days' prior notice.

4.2 Billing and Auto-Renewal

• Paid Subscriptions are billed monthly through Stripe via gigatime.io
• Subscriptions automatically renew unless cancelled before the renewal date
• Failed payments may result in downgrade to the Free Tier
• By using Stripe, you agree to Stripe's Terms of Service

Auto-Renewal Disclosure: Your Subscription will automatically renew at the then-current rate, plus applicable taxes, unless you cancel before the end of your billing period. Cancel at any time via gigatime.io or in the app under Settings.

4.3 Cancellation

• Cancel at any time via gigatime.io or by contacting info@gigatime.io
• Cancellation takes effect at the end of the current billing period
• Your account reverts to the Free Tier

4.4 Refunds

We generally do not provide refunds for partial billing periods. Exceptional requests may be submitted to info@gigatime.io.

4.5 Billing Disputes

Notify us at info@gigatime.io within 90 days of the charge date. We will respond within 30 days.

4.6 Free Tier Limitations

• Maximum of 3 active clients
• Maximum of 3 invoices per calendar month
• 2 months of historical data
• 1 user per Organization

5. Use of the Services

5.1 Permitted Use

• Legitimate business purposes (time tracking, invoicing, expense management, etc.)
• Personal use for freelance, contract, or self-employed work
• Any other lawful purpose consistent with the Services

5.2 Prohibited Use

You may NOT:

• Violate any applicable law or third-party rights
• Transmit malware or harmful code
• Harass, abuse, or threaten any person
• Impersonate any person or entity
• Scrape or extract data by automated means
• Reverse engineer or decompile the Services
• Resell or redistribute the Services
• Interfere with security or performance
• Upload illegal or infringing content
• Circumvent usage limits or security features

5.3 Enforcement

We may suspend or terminate accounts that violate these Terms and report illegal activity to law enforcement.

6. Your Content

6.1 Ownership

You retain full ownership of all Content you upload, create, or store through the Services.

6.2 License to Us

You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, display, and transmit your Content solely to provide the Services. This license terminates when you delete your Content or account.

6.3 Aggregated Data

We may create Aggregated Data — anonymized, de-identified data derived from your use of the Services — for product improvement, research, and benchmarking. Aggregated Data cannot identify you. We own all rights in Aggregated Data, and this right survives termination.

6.4 Your Responsibilities

• You are responsible for the accuracy, quality, and legality of your Content
• Ensure you have the right to upload and use your Content
• Maintain your own backups (we are not a backup service)

6.5 Content Removal

We may remove Content that violates these Terms. Where practicable, we will notify you.

7. Intellectual Property

The Services, including all software, designs, logos, and documentation, are owned by PRCV Tech Inc. and protected by Canadian and international intellectual property laws.

"GigaTime" and the GigaTime logo are trademarks of PRCV Tech Inc.

You may not copy, modify, or create derivative works from the Services, or use our trademarks without written permission.

If you provide feedback about the Services, you grant us an unrestricted, perpetual, royalty-free license to use and incorporate that feedback.

8. Third-Party Services

The Services integrate with third-party services including Stripe (payments), Supabase (infrastructure), and email delivery services. Your use is governed by their respective terms and privacy policies.

Links to third-party services do not imply endorsement. We are not liable for their content, practices, or availability.

9. Service Availability and Modifications

We strive to maintain availability but do not guarantee uninterrupted or error-free operation.

We may modify or discontinue features with at least 30 days' notice for material changes.

Before any discontinuation of the Services, we will provide at least 60 days to export your data (JSON or CSV format).

10. Beta and Preview Features

Features designated as "beta," "preview," or "early access":

• Are provided "as is" without warranty
• May be modified or discontinued without notice
• May contain bugs or incomplete functionality
• Are not covered by service level commitments

11. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRCV TECH INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY.

The Services are tools for business management. Nothing constitutes legal, tax, accounting, or financial advice. Consult qualified professionals for such advice.

We do not guarantee the accuracy of calculations, reports, or data generated by the Services. You are responsible for verifying accuracy before relying on outputs.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRCV TECH INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL.

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND FORM AN ESSENTIAL BASIS OF THE BARGAIN.

Some jurisdictions (including certain Canadian provinces) do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify and hold harmless PRCV Tech Inc. from claims arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content
• Any misrepresentation by you

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of law principles.

14.2 Informal Resolution

Before formal proceedings, contact us at info@gigatime.io and attempt to resolve the dispute informally for at least 30 days.

14.3 Binding Arbitration

If not resolved informally, disputes will be resolved through binding arbitration by a sole arbitrator under Ontario commercial arbitration rules. Arbitration will be in English, in Ontario (or remotely). Each party bears its own costs; arbitrator fees are shared equally.

Exceptions: Either party may seek injunctive relief for IP infringement or bring small claims court actions in Ontario.

14.4 Opt-Out of Arbitration

You may opt out by sending written notice to info@gigatime.io within 30 days of first accepting these Terms, including your name, account email, and opt-out statement. If you opt out, disputes go to Ontario courts.

14.5 Class Action Waiver

ALL DISPUTES WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.6 Jury Trial Waiver

YOU AND PRCV TECH INC. WAIVE ANY RIGHT TO A JURY TRIAL.

14.7 Court Jurisdiction (Fallback)

If arbitration is unenforceable or you've opted out, both parties submit to the exclusive jurisdiction of the courts of Ontario, Canada.

14.8 Limitation Period

Claims must be brought within two (2) years after the cause of action arises.

15. Termination

15.1 Termination by You

• Delete your account in the app (Settings → Account → Delete Account)
• Request deletion at gigatime.io/delete-account
• Contact info@gigatime.io

15.2 Termination by Us

We may suspend or terminate your account if:

• You materially breach these Terms
• You engage in fraudulent, illegal, or abusive activity
• Your account is inactive for 12+ months (Free Tier only)
• Required by law or to protect the Services

15.3 Effect of Termination

• Access to the Services ceases immediately
• Personal information is anonymized per our Privacy Policy
• Financial records retained for 7 years (tax law)
• Outstanding fees remain due
• Sections 1, 6.1, 6.2, 6.3, 7, 10, 11, 12, 13, 14, and 16 survive termination

16. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement and supersede all prior agreements.
• Severability: If any provision is unenforceable, it will be modified to the minimum extent necessary; remaining provisions continue in full force.
• Waiver: Failure to enforce any right does not constitute a waiver. Waivers must be in writing.
• Assignment: You may not assign these Terms without our consent. We may assign without restriction.
• Force Majeure: We are not liable for delays caused by events beyond our reasonable control (natural disasters, war, cyberattacks, etc.).
• Notices: We may send notices via email, push notification, or in-app. Keep your email current. Notices to us: info@gigatime.io.
• Language: These Terms were drafted in English. The English version prevails over any translation.

17. Changes to These Terms

• We will update the "Last Updated" date
• For material changes, we will notify you at least 30 days before they take effect
• Continued use after changes constitutes acceptance
• If you disagree, stop using the Services and delete your account

18. Contact Us