These Terms of Service (the "Terms") govern your access to and use of the BityGig mobile applications, websites, and related services (collectively, the "Service"), operated by Jonathan Stephen Copeland ("BityGig," "we," "us," or "our"). By creating an account, signing in, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
You may use the Service only if (a) you are at least 18 years of age and have the legal capacity to enter into a binding contract in your jurisdiction; (b) you are not barred from using the Service under applicable law; and (c) you agree to use the Service in compliance with these Terms and all applicable laws and regulations.
BityGig is a marketplace platform that connects users seeking short-term work or services ("Workers") with users posting jobs or service requests ("Posters"). The Service provides tools to discover, communicate about, and coordinate such engagements.
BityGig is not a party to any agreement between Workers and Posters. BityGig does not employ Workers, does not act as an employment agency or staffing service, does not control, supervise, or direct the performance of work, and is not responsible for the quality, safety, legality, or completion of any job, service, or transaction arranged through the Service. All engagements are independent contractor relationships between the Worker and the Poster.
To use most features you must register for an account using a valid email address (via password or Apple Sign-In) and supply accurate, current, and complete information. You must promptly update your information if it changes.
You may not maintain multiple BityGig accounts without our written permission. Business profiles operated by a single individual are permitted; impersonation of another person or entity is not.
You are responsible for all activity that occurs under your account. Keep your password, PIN, and recovery phrase confidential. Notify us immediately at the contact below if you suspect unauthorized access. We are not liable for losses arising from your failure to secure your credentials.
Usernames are assigned on a first-come, first-served basis. BityGig reserves the right to reclaim, reassign, or remove usernames that (a) impersonate a real person or organization, (b) infringe a trademark, (c) violate these Terms, or (d) have been inactive for an extended period. Where reclamation is for trademark or impersonation reasons, we will make reasonable efforts to contact the affected user before reassignment.
"Your Content" includes any text, photos, job posts, messages, reviews, profile information, business details, and any other materials you submit to or transmit through the Service.
You retain all rights you have in Your Content. By submitting Your Content to the Service, you grant BityGig a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, distribute, publicly perform, and publicly display Your Content solely for the purpose of operating, providing, and improving the Service. This license terminates with respect to a given item of Your Content when you delete that item or your account, except (a) for backups retained as required by law or our reasonable retention policies; (b) where Your Content has been shared with another user who retained their own copy; and (c) for anonymized or aggregated data that no longer identifies you.
Direct messages between users are protected by end-to-end encryption. BityGig's servers store the ciphertext but cannot read the plaintext content of your messages. Sender, recipient, and timestamp metadata are visible to BityGig as necessary to route delivery.
You represent and warrant that (a) you own or have all rights necessary to submit Your Content and grant the above license; (b) Your Content does not infringe any third party's intellectual property, privacy, publicity, or other rights; and (c) Your Content complies with these Terms and all applicable laws.
You agree not to (and not to permit any third party to):
We may, but are not obligated to, monitor the Service for violations and may remove content, suspend accounts, or take other action at our discretion.
BityGig does not currently charge a platform fee or commission on transactions between users. We reserve the right to introduce fees in the future with advance notice through the Service.
Payment for any work, service, or item arranged through the Service is between the Worker and the Poster. BityGig does not process payments, hold funds in escrow, guarantee payment, or arbitrate payment disputes. Users are solely responsible for agreeing on price, payment method, payment timing, tax treatment, and any contractual terms specific to their engagement.
You are responsible for determining and meeting all of your own tax reporting and payment obligations arising from your use of the Service. BityGig does not provide tax advice, does not issue 1099 or other tax forms in v1, and is not your employer for tax purposes.
Users may post reviews of one another following completed engagements. Reviews must reflect the user's honest first-hand experience and may not be used to harass, defame, or extort. BityGig may remove reviews that violate these Terms or applicable law. BityGig is not a publisher of reviews and is not liable for their content; reviews are protected expression of the user who posted them.
The Service, including its software, design, trademarks, and content created by BityGig, is owned by BityGig and protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms.
If you believe content on the Service infringes your copyright, send a written notice to the contact below containing the information required by 17 U.S.C. § 512(c)(3). We will respond to valid notices in accordance with the Digital Millennium Copyright Act and may terminate the accounts of repeat infringers.
You may stop using the Service at any time and may permanently delete your account from within the app at Profile → Settings → Delete account. Account deletion is irreversible and removes your profile, posts, matches, messages, and reviews.
We may suspend or terminate your account and access to the Service, with or without notice, if we reasonably believe you have violated these Terms, applicable law, or the rights of another user, or to protect the integrity, safety, or security of the Service.
Sections that by their nature should survive termination — including 4 (license), 8 (IP), 10–14 (disclaimers, liability, indemnity, disputes, governing law) — survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the maximum extent permitted by law, BityGig disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. BityGig does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. BityGig does not warrant the accuracy, completeness, or usefulness of any content on the Service, including any job post, review, or message.
BityGig makes no representation regarding the conduct, honesty, identity, qualifications, or trustworthiness of any user. You are solely responsible for evaluating, communicating with, transacting with, and meeting in person with other users. Real-world interactions arranged through the Service carry inherent risks; exercise caution and judgment.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BITYGIG, ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, ANY CONDUCT OR CONTENT OF ANY OTHER USER, OR ANY UNAUTHORIZED ACCESS TO YOUR DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100), OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the smallest extent permitted by law.
You agree to defend, indemnify, and hold harmless BityGig and its officers, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from or relating to (a) your use of the Service; (b) your violation of these Terms; (c) Your Content; (d) your violation of any law or any right of another user or third party; or (e) any engagement, dispute, or transaction between you and another user.
Before filing any claim against BityGig, you agree to attempt to resolve the dispute informally by contacting us at the address below. We will attempt to resolve the dispute in good faith. If we cannot resolve it within thirty (30) days, either party may proceed under this section.
Except for the carve-outs in Section 13.4, you and BityGig agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in the federal judicial district of your residence or, at your option, by videoconference or telephone. Judgment on the award may be entered in any court of competent jurisdiction.
YOU AND BITYGIG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
The agreement to arbitrate does not apply to (a) small-claims actions on an individual basis filed in a court of competent jurisdiction; (b) actions to enforce a party's intellectual-property rights through injunctive or other equitable relief; or (c) any claim that may not, by law, be arbitrated.
You may opt out of the arbitration agreement by sending written notice to the contact address within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles. Subject to Section 13, any dispute that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Riverside County, California, and you and BityGig consent to personal jurisdiction in those courts.
We may revise these Terms from time to time. When we make material changes, we will provide notice through the Service or by email. Continued use of the Service after the effective date of any revision constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, your only remedy is to stop using the Service and delete your account.
If you have questions about these Terms, contact us at: support@bitygig.com
Operator: Jonathan Stephen Copeland, La Quinta, California, USA