Ownership
The following Terms and Conditions set out the terms of subscription and use of the management software for training companies designated Gigantone.
Gigantone is managed by Gigantone, Lda., NIF 515 770 647, with its head office at Estrada Interior da Circunvalação 10381 – 2DRT, 4250-151 Porto.
In these Terms and Conditions and throughout the gigantone.com website, the terms “we” and “us” refer to Gigantone, Lda. Gigantone, Lda. provides its Products and Services, including all information, tools, products, and services available to you, on condition of acceptance of all terms, conditions, policies, and notices stated here.
Clarification of concepts
For simplification, throughout these Terms and Conditions, we will use the following terms, with their meanings, presented alphabetically:
Customer – the natural or legal person who has joined Gigantone by subscribing to one of the available Plans.
Fair Use – policy set to ensure that all customers enjoy Gigantone features sparingly. When a customer requires a huge amount of information, other customers may be harmed by this consumption, which leads to an increase in the processing of general information, essential for the use of the system. Gigantone, Lda. uses the Fair Use policy to ensure that everyone can have the best possible experience while enjoying our products and services.
Gigantone – software as a service marketed by Gigantone, Lda. for the management of training companies or any individual or legal person interested in its functionalities. It concerns the digital product regardless of its version and the features it presents at the time.
Plan – any subscription plan submitted by Gigantone, Lda.
Products and services – a set of goods, typically immaterial, marketed by Gigantone, Lda., specifically Gigantone.
Website – Gigantone Lda.’s communication channel, to promote and sell both Gigantone and other products and services in www.gigantone.com
Terms – General Terms and Conditions of use of products and services provided by Gigantone, Lda.
Acceptance of the Terms
By making any purchases, including subscribing to a Plan, you are using our Products and Services.
Please read the General Terms and Conditions carefully before using our website or purchasing any service. By accessing or using any part of our products and services, you must agree to the Terms and Conditions. If you do not agree to all the Terms and Conditions, please contact us by other means such as info@gigantone.com, or do not purchase/use our products and services.
Violating any of the General Terms and Conditions may result in the immediate resolution of the subscription to your Products and Services.
1 – GIGANTONE FEATURES
a) Gigantone is software based on WordPress technology and features. The customer acknowledges that, due to the nature of the system, it is not fully controlled by Gigantone, Lda. and that it may, for some moments, present performance problems arising from this fact. Gigantone, Lda. by not owning the plug-ins it uses in its products and services, it denies any liability for any problems that may arise from the modification or discontinuation of such.
b) The customer understands and accepts that Gigantone will undergo updates, developments, and modifications, which may vary according to the subscribed plan. As a customer, you will have access to Gigantone updates and modifications while the corresponding plan subscription is in effect, and not be charged for this reason.
c) The customer acknowledges that if you want access to new features resulting from an update that is only available on a higher subscription plan, you will need to change your subscription plan before you can access them.
d) The customer understands and accepts that any suggestions for improvement of Gigantone may be incorporated, and these changes may be available to other customers, without granting itself the right to any benefit, namely of a financial nature.
e) The customer can choose a lower plan than the one he is (downgrade) if it is not already at the lowest. You can do this at any time by recognizing that the lower plan offers fewer tools and capabilities, and the effects of the change will only be verified when you end the previously subscribed billing cycle.
2 – GIGANTONE SUBSCRIPTION
a) To subscribe to Gigantone you will need to associate with a plan described on www.gigantone.com, or communicated to you in another form by Gigantone, Lda.
b) Any person or entity that subscribes to any Plan or anyone who allows or makes a subscription on their behalf will be responsible for the payment arising from such subscription. The same rules will apply to those who allow being designated as responsible for the payment of a Plan.
c) Plans are subscribed on a monthly or annual basis, as chosen by the customer during the subscription process.
d) The customer may change the subscription from annual to monthly (or vice versa), and the new subscription term will be in effect at the end of the current term.
e) The subscription is renewed for the same monthly or annual period that is in force, if the customer makes the payment of the renewal within the deadlines set by Gigantone, Lda.
f) Gigantone, Lda., may not renew the current subscription, causing it to cease at the end of the current contracted period.
g) The non-renewal of the subscription by Gigantone, Lda. will be communicated in writing to the customer, with at least 15 (fifteen) days’ notice, in case of a monthly subscription, or 90 (ninety) days in case of an annual subscription.
h) The customer acknowledges that Gigantone, Lda. is not obliged to renew the subscription successively and may terminate it at the end of the contracted period that is in progress, as provided herein.
i) The subscription prices of the plans are those published in www.gigantone.com or that may have been communicated to the customer by another means, which are always subject to any updates.
j) The price to be charged to the customer is what is contracted and set at the time of subscription and for any renewals, unless another amount is, in the meantime, agreed upon in writing including by email.
k) Plans are charged based on the features available. These features may vary in several ways, such as, but not limited to, storage capacity, number of administrators, number of courses that can coexist in the system, and the number of students enrolled simultaneously.
l) In the features reported as being unlimited, the fair usage policy applies, and to ensure the quality and performance of the service Gigantone, Lda., can limit the access to a greater amount of space or server capacity.
m) You can access a specific Plan if you want the system to meet the specific needs of your business not covered by the features provided in the different Plans. To do so, you will have to submit a request describing the specific developments to info@gigantone.com and come to terms with Gigantone, Lda. for the best way to achieve them as Gigantone, Lda. does not undertake to meet those requests.
n) The developments associated with orders related to the previous point are, by default, paid, and the customer is responsible for its payment, unless Gigantone, Lda. decides in a different way.
3 – BILLING AND PAYMENT
a) The customer is responsible for keeping all billing data complete and accurate (taxpayer number, billing address, debit/credit card number, and expiration date), and must promptly report to Gigantone, Lda. any change to that data if the means of payment have changed (e.g. for loss or theft of the credit card) or if it is aware of a security breach, unauthorized disclosure, or misuse of the name or password. If the customer does not provide any of the above information, Gigantone, Lda. may continue to charge for any use of the Service if the cancellation of the subscription has not occurred, in accordance with the terms set forth in these Terms.
b) The price of the service shall be paid in full, and the deduction of any amounts related to expenses incurred by the customer has incurred payment, related to foreign exchange conversion, bank transfer, remittance, applicable taxes, or other charges of any kind, shall not be permitted.
c) If your payment method is declined for any reason, we will consider your subscription to be unpaid and may immediately deny access to the Plan.
d) As a rule, the value of VAT is added to the advertised prices at the legal rate in force. It is the responsibility of each customer to assume all public duties related to the purchase of the Service. Any VAT exemptions apply only in cases provided for by law and if Gigantone, Lda. has access to the elements enabling it to apply for that exemption, in intra-Community and international transactions.
e) Except for bank transfer payments, all payments are handled by an intermediary third-party payment service. Gigantone, Lda. is not responsible for the processing of payments made by the customer and cannot be held responsible for any matter related to it.
f) Payment data may be transmitted over multiple networks (in this case, always encrypted) and undergo changes to adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer between networks.
4 – ACCURACY, INTEGRITY, AND UPDATING OF INFORMATION
Although we continually strive to keep information about the products and services marketed by Gigantone, Lda. correct and properly updated, it is possible that there may be some unintentional lapse in the information provided. Customers have at their disposal other sources of information, more precise, more complete, or more current, namely the direct contact with Gigantone, Lda. to the email info@gigantone.com, who should use it in case of doubt or to confirm the information made available on the site.
5 – EXTERNAL TOOLS
a) Gigantone may give you access to third-party tools that we do not monitor and have no control over.
b) The customer acknowledges and agrees that Gigantone, Lda. provides access to such tools “as they are” and “as available”, without any warranties, representations, or conditions of any kind and without any endorsement. We are not responsible in any way for the use of optional third-party tools.
6 – THIRD-PARTY LINKS
a) Certain products and content available on Gigantone may include third-party materials
b) Third-party links on Gigantone may target third-party websites that are not our affiliates. We are not responsible for examining or evaluating the content or accuracy of their statements. We do not warrant or have any obligation or responsibility for any third-party materials or websites, or for any other third-party materials
c) We are not responsible for any damages or losses related to the purchase or use of products and services, features, content, or any other transactions made in connection with any third-party websites. Please carefully review third-party policies and practices and make sure you understand them before making any transactions. Complaints, concerns, or questions regarding third-party products should be directed to the third party.
7 – PERSONAL AND BUSINESS DATA
a) Gigantone, Lda. will collect data that is intended to be used in the management of the relationship established with the customer and in the provision of subscribed services.
b) You acknowledge and agree that you will be responsible for maintaining the confidentiality of passwords associated with any account you use to access the Products and Services.
c) Consequently, the customer accepts that he/she will be solely liable to Gigantone, Lda. for all activities that take place under his/her account.
d) If you become aware of any unauthorized use of your password or account, you are required to notify Gigantone, Lda. immediately.
8 – PROPERTY RIGHTS
a) You acknowledge and agree that Gigantone, Lda. owns all legal rights, titles, and interests in relation to the Products and Services, including any intellectual property rights that remain in the Products and Services (whether those rights are registered or not, and in any part of the world where those rights may exist). In addition, you acknowledge that the Products and Services may contain information designated as confidential by Gigantone, Lda. and that you will not disclose without the prior written consent of the company.
b) Unless you have agreed otherwise, in writing, with Gigantone, Lda., these Terms do not give you any right to use the trademarks, product and service names, logos, domains, and any other distinctive signs of Gigantone, Lda.
c) If you have been granted an explicit right to use the distinctive signs of Gigantone, Lda., in an autonomous written agreement then you agree that such use will be made in strict compliance with that agreement and the applicable provisions of these Terms.
d) Unless you have agreed in writing with Gigantone, Lda. in a different sense, you agree that you are responsible for protecting and executing your rights and that Gigantone, Lda. has no obligation to do so on your behalf.
e) You agree that you shall not remove, obscure, or alter any property rights information (including information about reproduction rights and trademark rights) that may be posted or contained in Gigantone.
f) The customer undertakes not to make use of any third-party trademark, trade name, or logo in a manner likely to cause confusion about who is the owner or authorized user of those marks, trade names, or logos.
9 – COMPUTER AND USAGE DATA
a) Computer data generated, stored, and derived from the use of Gigantone is analyzed and managed to improve Gigantone and the business model of Gigantone, Lda., according to the needs and characteristics of each client.
b) In case of cancellation, suspension, or interruption of the subscription, the usage data will be kept for a minimum period of 30 days, to take care of the possibility of the customer wanting to recover their data for a new subscription period.
c) The data retention period described in the preceding subparagraph may be reviewed between the customer and Gigantone Lda. before the customer cancels, suspends, or discontinues their subscription.
d) Gigantone, Lda. reserves the right to retain the usage data for the entire period that is necessary to prove compliance with its legal, tax, and contractual obligations before the competent entities.
10 – FORBIDDEN USES
a) Without prejudice to other prohibitions under these Terms, the customer is prohibited from using Gigantone or its contents to: (a) pursue unlawful purposes; (b) request other persons to perform or participate in any unlawful acts; (c) violate any international, national, rules, laws or local regulations; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, damage, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) present false or misleading information; (g) send or transmit viruses or any other type of malicious code that affects or may be used to affect the operation of Gigantone or any related website; (h) collect or track other people’s personal information; (i) send spam, phishing, pharm, pretext, spider, crawl, or scrape; (j) obscene or immoral purposes; or (k) interfere with or circumvent the security features of Gigantone or any related website.
b) The customer undertakes not to broadcast viruses or any other malware that may affect Gigantone or any related website. The customer mustn’t use a fake email address, pretend to be someone other than himself, or otherwise mislead Gigantone, Lda. or third parties as to the source of any comments. The customer is solely responsible for any comments he/she makes and for their veracity. Gigantone assumes no responsibility or liability for any comments posted by you or any third party.
c) The customer undertakes not to access (or even attempt to access) any Product and Service by any means other than through the interface provided by Gigantone, Lda., unless specifically authorized in a separate agreement between you and Gigantone, Lda.
d) You may not carry out any activity that interferes with or attempt to disrupt the Products and Services (or the servers and networks that are related to the Products and Services).
e) Unless you have been specifically authorized to do so in a separate agreement between you and Gigantone Lda., you may not reproduce, duplicate, copy, sell, market, or resell the Products and Services for any purpose.
f) You acknowledge that you will be solely responsible (and that Gigantone, Lda. has no liability to you or any third party) for any breach of your obligations under these Terms and for the consequences (including any loss or damage that Gigantone, Lda. may suffer) arising out of any of these non-compliances.
11- LIMITATION OF LIABILITY
a) Gigantone, Lda. constantly promotes and invests in software development and security, technical and organizational measures to ensure the reliability, continuity, timeliness, and protection of the service and data entered by customers, against sporadic interruptions of service, unsolicited communications, system or software viruses or bugs, errors, technical failures, inadvertent or intentional manipulation by third parties, destruction, and access by unauthorized people.
b) Our service and security measures are constantly improved, following technological progress. However, the customer acknowledges and accepts that subscribing to and using Gigantone is also sharing the risks inherent in the use of such a platform, technology, and software, expressly agreeing that Gigantone, Lda. cannot be held responsible:
- For damages arising from the breach of confidentiality and transmissibility of the customer’s name and password of access to the services provided by Gigantone, obliging to prevent their misuse and to immediately report to Gigantone, Lda. the loss or any breach of such data;
- The misuse or abuse by third parties of the data, texts, information, marks, logos, or other distinctive signs inserted by the customer in Gigantone;
- The customer’s inability to access or use Gigantone correctly, including any of its functions or features, even if related to any type of search or downloading of any information, data, text, images, or other material accessible through Gigantone or any website accessed from or giving access to it;
- For any economic, financial, reputational, and computer loss, damage, or damage caused by the use or malfunction of Gigantone, in connection with sporadic interruptions of service, unsolicited communications, system or software viruses or bugs, errors, technical failures, or other technological limitations that are not caused maliciously or with serious fault by Gigantone, Lda.;
- Acts resulting from criminal or unlawful conduct by third parties, in which case liability should be treated with their agents;
- For any act described in the preceding paragraphs when performed by the representatives or auxiliaries of Gigantone, Lda. without serious deceit or guilt.
12 – NON-COMPLIANCE
a) Gigantone, Lda. reserves the right to immediately suspend access to subscribed services if the customer fails to fully comply with the obligations arising from these Terms, in particular the one-off payment of the stipulated price.
b) As an alternative or following the suspension provided for in the preceding subparagraph, Gigantone, Lda. may choose to resolve the subscription, with effect from the date of its communication to the customer.
c) The suspension of access to the service and the resolution referred to in the preceding paragraphs do not prevent Gigantone, Lda. from requiring the customer to comply with all missing obligations, in particular the payment of the price corresponding to the period in which the subscription was active.
13 – TERMINATION OF YOUR RELATIONSHIP WITH GIGANTONE, LDA.
a) If the customer wishes to cancel their subscription, they can do it by:
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- Not renewing the subscription at the end of the contracted period that is in progress;
- Requesting, at any time, the immediate cancellation of the current subscription, in this case losing the right to enjoy the remaining subscription period, without being able to claim any return or compensation;
- Closing your accounts for all subscribed products and services, if Gigantone, Lda. has made this option available to you.
b) Gigantone, Lda. may unilaterally cancel the subscription by:
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- Not renewing the subscription at the end of the contracted period that is in progress;
- At all times, by resolution, if the customer has breached the obligations that result from these Terms or has acted in a manner that clearly demonstrates that he does not intend or cannot comply with the obligations assumed.
c) The mere cessation or spontaneous suspension of the use of Gigantone by the customer does not entitle him to any refund, nor does it constitute a presumption of the willingness to cancel the service. If you wish to stop using Gigantone, you will need to cancel your subscription by means provided in these Terms. Until you do so, the customer will be responsible for the full fulfillment of all obligations resulting from these Terms, including the one-off payment of the price stipulated by the subscription.
14 – REGRET AND CANCELLATION
a) Consumers have a period of 14 days, in accordance with the legislation in force, after being sent their access to Gigantone, to exercise their right of regret and request cancellation of the subscription.
b) In legal terms, a natural person acting for purposes that do not form part of his commercial, industrial, craft, or professional activity shall be considered a consumer.
c) Gigantone Lda. reserves the right not to accept cancellation requests made by those who do not fit the legal concept of consumer or who are requested after the 14 days after the delivery of access to Gigantone.
15 – APPLICABLE LEGISLATION
These Terms and any separate agreements in which we provide you with the Products and Services shall be governed by and construed in accordance with Portuguese and European Union law.
16 – CHANGES TO THE TERMS AND CONDITIONS
Gigantone, Lda. may unilaterally change these Terms and Conditions, including the basic features of the subscribed plan, if it communicates to the customer the changes to be made, with thirty days’ notice.
In that communication, Gigantone, Lda. will identify the clauses and the basic functionalities of the subscribed plan which will be repealed or amended, as well as the date from which they will enter into force.
Until the date of its entry is into force, the client may refuse the new conditions, through written communication to Gigantone, Lda., in this case, ceasing the subscription by resolution, without any penalty to the client. In the absence of resolution, the changes take effect on the announced date, starting to immediately link the client.
17 – CONTACT INFORMATION
Any questions about these Terms should be sent to info@gigantone.com.