Terms of Use

AGREEMENT TO OUR LEGAL TERMS

We are Gig Healthcare LLC ("Company," "we," "us," "our"), a company registered in New York, United States at 40 Gardenville Pkwy. Suite 220, Buffalo, NY 14224.

We operate the website www.gighealth.com (the "Site"), our web application, platform, and any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). If we later make a mobile application available, these Legal Terms will apply to that application unless we provide separate terms.

Gig Healthcare is a platform designed and built to offer comprehensive staffing services to our clients and healthcare professionals. We help qualified healthcare professionals seek temporary and permanent employment opportunities across the United States. All use of our platform is completely voluntary.

You can contact us by phone at (716) 919-4208, email at support@gighealth.com, or by mail to 40 Gardenville Pkwy. Suite 220, Buffalo, NY 14224, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Gig Healthcare LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored for the upload, storage, or processing of patient medical records, patient identifiers, clinical charts, or protected health information relating to any patient or third party. You may not upload patient medical records, patient identifiers, clinical charts, or protected health information relating to any patient or third party unless we specifically authorize that use in writing. You may not use the Services in a way that would violate HIPAA, GLBA, or any other law applicable to information you submit.

The Services may include tools that help with recruiting, staffing, placement, credentialing, compliance, job matching, account administration, client support, facility support, and related services. The Services may also include automated tools, including AI-assisted tools, that help extract, structure, summarize, validate, process, recommend, or match information from resumes, profiles, credentials, work history, job orders, and related information. Gig Healthcare does not make final hiring, placement, submission, pay, or assignment decisions solely by automated means. Human review remains involved.

Additional consents, authorizations, releases, right-to-represent forms, client-specific documents, background check forms, drug screen forms, credentialing documents, onboarding documents, or compliance documents may be required before certain Services, placements, assignments, or submissions are available.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and

• download or print a copy of any portion of the Content to which you have properly gained access.

Solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to support@gighealth.com.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the rights you give us and the obligations you have when you post, upload, or submit any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Professional materials are not general feedback. Resumes, credentials, licenses, certifications, work history, professional profiles, compliance documents, identification documents, tax forms, banking information, background check information, drug screen information, medical compliance documents, references, emergency contact information, and similar materials submitted for recruiting, staffing, placement, credentialing, compliance, account administration, or employment-related purposes are processed under these Legal Terms and our Privacy Policy. You retain your rights in those materials, subject to the rights and permissions you grant us to operate the Services.

By submitting professional materials, you authorize us to access, store, process, parse, extract, structure, summarize, validate, review, correct, match, use, and share such information as described in these Legal Terms and our Privacy Policy. This may include use of automated tools and AI-assisted tools. You are responsible for reviewing and correcting information in your profile, including information extracted or populated from resumes or other documents.

You are responsible for what you post or upload. By sending us Submissions or professional materials through any part of the Services, you confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any material that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, misleading, unauthorized, or otherwise unlawful.

You warrant that any information you submit is accurate, current, complete, and that you have the necessary rights, licenses, consents, releases, and permissions to submit it. You are solely responsible for your Submissions and professional materials and agree to reimburse us for losses that we may suffer because of your breach of this section, any third party's rights, or applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information and professional information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, incomplete, inconsistent, unauthorized, or misleading, we have the right to suspend or terminate your account, restrict access, decline a profile merge, correct records, deny access to existing data, and refuse any current or future use of the Services.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

In some cases, we may already maintain a professional or contact file about you before you create an account. If you create an account, we may require you to verify both the email address and phone number that match the information we have on file, including by SMS one-time password verification. A Gig Healthcare administrator may manually review the account and contact you to resolve any inconsistencies before linking an existing file to your newly created account.

No user will be able to see existing file information unless verification is completed and a Gig Healthcare team member approves the account connection. Once reviewed and merged, your account may show relevant profile information, parsed resume data, and documents you personally uploaded. Internal communications, recruiting notes, credentialing notes, compliance notes, client or facility notes, admin-uploaded documents, and similar internal records will not be visible through your account.

We may suspend, restrict, merge, unmerge, deny, correct, or delete accounts if we believe there is duplicate activity, identity mismatch, fraud risk, unauthorized access, inaccurate information, security risk, or misuse of the Services.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

• Circumvent, disable, or otherwise interfere with security-related features of the Services.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

• Use any information obtained from the Services in order to harass, abuse, or harm another person.

• Make improper use of our support services or submit false reports of abuse or misconduct.

• Use the Services in a manner inconsistent with any applicable laws or regulations.

• Upload patient medical records, patient identifiers, clinical charts, or protected health information relating to any patient or third party unless we specifically authorize that use in writing.

• Upload or transmit viruses, Trojan horses, spyware, web bugs, passive collection mechanisms, or other harmful or disruptive material.

• Engage in automated use of the system, data mining, robots, scraping, or similar data gathering and extraction tools.

• Delete copyright or other proprietary rights notices from any Content.

• Attempt to impersonate another user or person or use another user's username.

• Interfere with, disrupt, or create an undue burden on the Services or connected networks.

• Harass, annoy, intimidate, or threaten any of our employees or agents.

• Attempt to bypass any measures of the Services designed to prevent or restrict access.

• Copy, adapt, decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the Services, except as permitted by applicable law.

• Use, launch, develop, or distribute any automated system that accesses the Services, except as may result from standard search engine or Internet browser usage.

• Make unauthorized use of the Services, including collecting usernames or email addresses for unsolicited email or creating user accounts by automated means or under false pretenses.

• Use the Services as part of any effort to compete with us or otherwise use the Services or Content for any revenue-generating endeavor or commercial enterprise.

• Sell or otherwise transfer your profile.

6. USER GENERATED CONTRIBUTIONS

The Services do not offer users to publicly submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including text, writings, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may be treated in accordance with the Services' Privacy Policy.

When you create or make available any Contributions, you represent and warrant that your Contributions do not violate the proprietary rights, privacy rights, publicity rights, or legal rights of any third party; that you have the necessary rights, consents, releases, and permissions to use and authorize us to use your Contributions as contemplated by the Services and these Legal Terms; that your Contributions are not false, inaccurate, misleading, unlawful, harassing, abusive, discriminatory, obscene, or otherwise objectionable; and that your Contributions do not otherwise violate these Legal Terms or applicable law.

Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

7. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices, including settings.

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert ownership over your professional materials. You retain ownership of your resumes, credentials, work history, professional profile information, and other materials you submit for recruiting, staffing, placement, credentialing, compliance, account administration, or employment-related purposes. You grant us the right to access, store, process, parse, extract, structure, summarize, validate, correct, use, disclose, and display such information as reasonably necessary to provide and improve the Services, comply with law, support recruiting and placement, support client submissions that you authorize, administer your account, conduct credentialing and compliance, and protect our rights, users, clients, and systems.

We may use de-identified, aggregated, or otherwise privacy-protected information to improve our systems, workflows, parsing, matching, analytics, artificial intelligence tools, and Services. Our service providers are not permitted to train their models on our data unless we expressly authorize that use in writing.

8. WEB APPLICATION AND PLATFORM USE

Use License

The Services are currently provided through our website, web application, platform, and related online services. Subject to your compliance with these Legal Terms, we grant you a revocable, non-exclusive, non-transferable, limited right to access and use the Services for their intended business and professional purposes.

You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt any part of the Services; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Services; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Services; (4) remove, alter, or obscure any proprietary notice posted by us or our licensors; (5) use the Services for any revenue-generating endeavor, commercial enterprise, or other purpose for which they are not designed or intended; (6) make the Services available over a network permitting unauthorized access or use by multiple users; (7) use the Services to create a product, service, or software that competes with the Services; (8) use the Services to send automated queries or unsolicited commercial email; or (9) use our proprietary information or interfaces in the design, development, manufacture, licensing, or distribution of applications, accessories, devices, or services that interact with or compete with the Services.

If we later make a mobile application available, your access to and use of that application will be subject to these Legal Terms unless we provide separate terms or supplemental terms for that application.

9. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable any Contributions or any portion thereof; (4) remove from the Services or disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.

10. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at www.gighealth.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States.

If you access the Services from any other region of the world with laws or requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States and consent to have your data transferred to and processed in the United States.

11. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. We reserve the right to take appropriate legal action.

12. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors.

13. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

14. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, each a "Dispute," the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association and, where appropriate, the AAA Consumer Rules.

Except where otherwise required by applicable rules or law, the arbitration will take place in Erie, New York. If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Erie, New York.

No Dispute shall be commenced more than one (1) year after the cause of action arose, unless applicable law requires otherwise.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, there is no right or authority for any Dispute to be arbitrated on a class-action basis, and there is no right or authority for any Dispute to be brought in a representative capacity on behalf of the public or other persons.

Exceptions to Informal Negotiations and Arbitration

The following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

15. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.

16. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO THE SERVICES. AI-ASSISTED OR AUTOMATED OUTPUTS MAY BE INCOMPLETE, INCORRECT, OR REQUIRE REVIEW. YOU ARE RESPONSIBLE FOR REVIEWING AND CORRECTING YOUR PROFILE INFORMATION, INCLUDING INFORMATION EXTRACTED FROM RESUMES OR OTHER DOCUMENTS.

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party; (5) your submission of unauthorized, inaccurate, unlawful, or protected information; or (6) any harmful act toward another user of the Services.

19. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services and providing recruiting, staffing, placement, credentialing, compliance, account administration, client support, facility support, and related services. Although we perform regular routine backups of data, you are responsible for data that you transmit or that relates to any activity you have undertaken using the Services.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, receiving or sending text messages, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically, via email, SMS, or on the Services, satisfy any legal requirement that such communication be in writing.

You consent to receive text messages from us for recruiting outreach, job alerts, application updates, interview scheduling, credentialing and compliance reminders, assignment updates, payroll and timecard reminders, account verification, one-time password verification, service-related communications, and marketing or promotional messages where permitted. Message frequency varies. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help. Opting out of marketing text messages does not prevent us from sending non-marketing messages related to account security, one-time password verification, active applications, assignments, credentialing, compliance, payroll, timecards, or other service-related matters.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AUTHORIZATIONS, RELEASES, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

21. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, California users can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

22. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

23. INTELLECTUAL PROPERTY RIGHTS

Gig Healthcare shall have and retain all right, title, and interest in and to all intellectual property rights which constitute, comprise, or are inherent in the Services, the Gig Technology Solutions, and any other trade secret, know-how, copyright, trademark, or other intellectual property used by Gig to provide Services (collectively, the "Gig Intellectual Property").

Users shall not attempt to copy, modify, create derivative works from, sell, license to others, reverse engineer, damage, corrupt, infect, or disrupt any part of the Gig Intellectual Property.

24. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Gig Healthcare LLC

40 Gardenville Pkwy. Suite 220

Buffalo, NY 14224

United States

Phone: (716) 919-4208

support@gighealth.com