Gygler Terms of Use and Service Policy
Effective Date: August 25, 2025
Welcome to Powered By People LLC dba Gygler (“Gygler,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our website, mobile application, and any related services (collectively, the “Platform” or “App”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
1. Eligibility & Accounts
- You must be at least 18 years old and capable of entering into legally binding contracts to use the Platform.
- You agree to provide accurate, current, and complete information when creating an account, and to keep your account credentials secure.
- You are responsible for all activity that occurs under your account.
- By using the Platform, you consent to electronic communications and signatures for all transactions and notices.
2. Relationship to Worker & Company Agreements
- If you register as a Worker or a Hiring Company, your use of the Platform is also governed by the applicable Worker Agreement or Hiring Company Agreement, in addition to these Terms.
- These Terms apply to all other interactions with the Platform, including browsing without an account.
- In the event of a conflict, the Worker Agreement or Hiring Company Agreement will control with respect to those specific relationships.
3. Acceptable Use Policy
When using the Platform, you agree that you will not:
- Violate any applicable law or regulation.
- Infringe, misappropriate, or violate the rights of Gygler or any third party, including intellectual property rights, privacy, or publicity rights.
- Interfere with, disrupt, or attempt to gain unauthorized access to the Platform, its servers, or related networks.
- Upload, transmit, or distribute any viruses, malware, or other harmful code.
- Use the Platform to harass, abuse, threaten, defame, or engage in discriminatory conduct.
- Circumvent or attempt to circumvent the payment systems of Gygler or facilitate off-platform transactions (see Non-Circumvention below).
- Use automated scripts, bots, or scraping tools without our prior written consent.
- Impersonate any person or entity, or falsely represent your affiliation with one.
- Post false, defamatory, or infringing content (e.g., in profiles or reviews).
- You grant Gygler a non-exclusive, worldwide, royalty-free license to use, display, and moderate any content you post for Platform operations.
- You agree to comply with any community guidelines posted on the Platform.
4. Non-Circumvention
You agree not to contract outside the Platform with any Worker or Hiring Company you connect with through Gygler, for twelve (12) months after your last interaction, unless Gygler provides written consent. Violation may result in account termination and liability for lost fees, as detailed in the Worker or Hiring Company Agreement.
5. Intellectual Property
- The Platform and its content (including text, graphics, logos, and software) are owned by or licensed to Gygler and are protected by copyright, trademark, and other intellectual property laws.
- You may not copy, distribute, modify, or create derivative works from our content without our written permission.
- Gygler trademarks may not be used without permission.
6. Privacy
Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms.
7. Suspension & Termination
- We may suspend or terminate your account or access to the Platform at any time for violation of these Terms or for any conduct we determine harmful to the Platform or its users.
- Upon termination, you must cease all use of the Platform.
- Obligations like outstanding payments or indemnification survive termination.
8. Disclaimers
- The Platform is provided “as is” and “as available.”
- We do not guarantee uninterrupted access, availability, or error-free operation.
- Gygler is not responsible for the conduct of Workers or Hiring Companies, or the quality of services performed.
9. Limitation of Liability
- To the fullest extent permitted by law, Gygler shall not be liable for indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Platform.
- Gygler’s total liability shall not exceed the fees paid to us in the prior six (6) months, or $100 if no fees were paid.
10. Indemnification
You agree to indemnify, defend, and hold harmless Gygler and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property right or privacy right; or (d) any dispute or issue between you and any other user of the Platform.
11. Governing Law & Dispute Resolution
- Governing Law. These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles.
- Arbitration Agreement. Any dispute, claim, or controversy arising from these Terms or your use of the Platform shall be resolved by binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA) per its Consumer Arbitration Rules (or Commercial Rules if applicable), on an individual basis. You waive the right to a jury trial or to participate in class, collective, or representative actions. Arbitration will occur via videoconference or in Orange County, Florida, unless otherwise agreed. Each party pays its own legal fees, but Gygler will cover excess administrative or arbitrator fees beyond typical court costs. The arbitrator may award damages or relief as a court would, including injunctive relief.
- Class Action Waiver. You agree that all disputes will be resolved on an individual basis, and that you will not join or consolidate your claim with the claims of any other person or class. You further agree not to serve as a representative or member of any putative class or collective action against Gygler. There is no judge or jury in arbitration, and court review of an arbitration award is limited, but an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
- Exceptions. This does not apply to small claims disputes, government agency filings, or claims for temporary injunctive relief (e.g., for IP violations). If you are a Worker or Hiring Company, the arbitration terms in those agreements control.
- Opt-Out. You may opt out of arbitration by sending written notice to Gygler at [info@Gygler.com] within 30 days of accepting these Terms, stating your intent to opt out. Opting out does not affect the class action waiver or other Terms.
- Venue. For non-arbitrable disputes, you agree to exclusive jurisdiction in state or federal courts in Orange County, Florida.
- Survival. This arbitration provision survives termination.
11. Miscellaneous Terms
- Entire Agreement. These Terms constitute the entire agreement between you and Gygler regarding Platform use and supersede prior agreements”.
- Severability. If any provision of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect.
- No Waiver. Gygler’s failure to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision.
- No Third-Party Beneficiaries. Except for indemnified parties, no third party has rights under these Terms.
- Changes to Terms. We may update these Terms from time to time by posting a revised version on the Platform. Your continued use after such changes constitutes acceptance of the revised Terms.
Contact Us. If you have questions about these Terms, contact us at:
Gygler
6996 Piazza Grande Ave, Suite 301, Orlando Florida 32835
