Gigstreem Website Terms of Use
Last Revised: October 1, 2026
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE FEATURES AND THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 10 (ARBITRATION AGREEMENT) BELOW.
These Terms of Use (the “Terms”) describe the terms and conditions that govern your use of www.gigstreem.com (the “Site”) and the services and content available on the Site (collectively with the Site, the “Features”), which is owned or operated by Skywire, LLC (“Gigstreem,” “we,” or “us”). These terms apply solely to your use of our Site and do not govern your use of any internet services that may be provided to you under a separate service agreement.
These Terms, along with our Privacy Notice(available at www.gigstreem.com/privacy-policy or as otherwise made available to you) (the "Privacy Notice") , set forth the terms and conditions that apply to your use of the Features. By using the Features, you agree to comply with the Terms. If you do not agree to these Terms, you should not access or use the Features.
1. Eligibility.
In order to use the Gigstreem Site, you must either be the age of majority in your jurisdiction, an emancipated minor, or over the age of 13 and possess legal parental or guardian consent; be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms; and must abide by and comply with these terms. You represent that you meet the eligibility requirements in this section.
2. Modification of the Terms.
Gigstreem reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Last Revised” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. In the event of a material change that may directly affect your account, we will use commercially reasonable efforts to notify you via the most recent email address that you have provided to us in conjunction with your account. Please check these Terms periodically for changes. Your continued use of the Features after the posting of changes constitutes your binding acceptance of such changes.
3. License and Conduct.
Subject to these Terms, Gigstreem grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Features, including any audio files, graphics, instructions, images, measurements, sounds, text, videos, and other materials you may view on, access through, or are otherwise related to the Features (collectively, the “Content”). Except as otherwise provided in these Terms, the Features may not be downloaded, reproduced, redistributed, retransmitted, published, resold, distributed, publicly displayed, or otherwise exploited without the express written permission of Gigstreem. You agree not to do the following:
• Use the Features in any way that violates any applicable federal, state, local, or international law or regulation;
• Use the Features for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
• Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• Impersonate or attempt to impersonate Gigstreem, a Gigstreem employee, another user, or any other person or entity;
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Features, or which, as determined by us, may harm Gigstreem or users of the Features or expose them to liability;
• Use any robot, spider, or other automatic device, process, or means to access the Features for any purpose, including monitoring or copying any of the material on the Features;
• Use any manual process to monitor or copy any of the material on the Features or for any other unauthorized purpose without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Features;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Features, the server on which the Features are stored, or any server, computer, or database connected to the Features;
• Attack the Features via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Features.
Gigstreem has the right to deny access to, and to suspend or terminate your access to, the Features or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. If we suspend or terminate your access to the Features, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
4. Account Registration and Security.
Access to and use of certain services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify us of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
5. Ownership and Proprietary Rights.
As between you and Gigstreem, Gigstreem owns, controls, and/or licenses the Features (including the Content), and the Features are protected under copyright, trademark, trade secret, and other intellectual property laws of the United States and international treaties. Gigstreem reserves all rights not expressly granted to you in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Features.
6. Third-Party Content.
The Features may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Content”). You acknowledge and agree that Gigstreem is not responsible for any Third-Party Content, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Gigstreem does not assume and will not have any liability to you or any other person or entity for any Third-Party Content. Third-Party Content and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and are subject to such third parties’ terms and conditions.
Disclaimer: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
7. Privacy Notice.
You acknowledge and agree that all information collected by Gigstreem is subject to our Privacy Notice. By using the Features, you consent to all actions we take with respect to your information in compliance with our Privacy Notice.
8. Indemnification.
You agree to indemnify, defend, and hold harmless Gigstreem, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: (a) your use of the Features; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any claim that your use of the Features caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Features.
Gigstreem reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Gigstreem. Gigstreem will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it; provided that any failure or delay in providing such notice shall not relieve you of your indemnification obligations hereunder.
9. Disclaimer; Limitation of Liability.
(a) Limitation of Liability to the Fullest Extent Permitted by LawTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GIGSTREEM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE FEATURES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON. IN NO EVENT WILL GIGSTREEM’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE FEATURES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT YOU HAVE PAID TO GIGSTREEM IN THE PREVIOUS TWELVE MONTHS PRECEDING THE CLAIM OR $100 USD, WHICHEVER IS GREATER. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE LIMITATION OF LIABILITY SHALL APPLY SOLELY TO CLAIMS ARISING OUT OF OR RELATED TO THE FEATURES AND THESE TERMS, AND NOT TO ANY OTHER AGREEMENT OR ARRANGEMENT.
(b) Disclaimer of Warranties. THE FEATURES AND SITE MAY INCLUDE INACCURACIES OR ERRORS. GIGSTREEM PROVIDES THE FEATURES AND SITE “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. GIGSTREEM HEREBY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIGSTREEM DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE FEATURES OR SITE WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FEATURES OR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE FEATURES AND SITE. YOUR SOLE REMEDY AGAINST GIGSTREEM FOR DISSATISFACTION WITH THE FEATURES AND SITE IS TO STOP USING THEM. THIS DISCLAIMER IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
(c) Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 9 may not apply to you.
10. Arbitration Agreement. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED.
(a) Dispute Resolution. YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OR YOUR USE OF THE FEATURES AND/OR CONTENT WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION, RATHER THAN IN COURT. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND GIGSTREEM REGARDING ANY ASPECT OF YOUR RELATIONSHIP WITH US OR ANY CONDUCT OR FAILURE TO ACT ON OUR PART, INCLUDING CLAIMS BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE CLAIM), VIOLATION OF LAW OR ANY CLAIMS BASED ON ANY OTHER THEORY, AND INCLUDING THOSE BASED ON EVENTS THAT OCCURRED PRIOR TO THE DATE OF THIS AGREEMENT, WITH THE FOLLOWING EXCEPTIONS:
(i) Any claim regarding the validity, protection, or enforcement of a party’s intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) must be brought in court with jurisdiction. Additionally, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction pending the outcome of arbitration.
(ii) In the event this agreement to arbitrate is for any reason held to be unenforceable, any dispute or claim against us may be commenced only in a federal or state court located in the County of New York, and we both consent to the jurisdiction of and venue in those courts for such purposes. We both also consent to the jurisdiction of and venue in those courts for purposes of any claim regarding the validity, protection, or enforcement of a party’s intellectual property rights (excluding its privacy or publicity rights). You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(iii) Notwithstanding the Arbitration Agreement section above, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of first accepting these Terms. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit or consolidated claim in small-claims court with respect to these Terms or the Features.
(iv) All challenges to the interpretation or enforceability of any provision of these Terms, including questions of arbitrability, shall be brought before the arbitrator, and the arbitrator shall rule on all questions regarding the interpretation and enforceability of these Terms.
This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.
(b) Prohibition of Class Actions and Non-individualized Relief. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
(c) Arbitration RulesThe arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by these Terms. The AAA Rules may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in these Terms as a court would. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Gigstreem requests one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration will be confidential. Neither you nor we nor the AAA nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by applicable law or for purposes of enforcing or challenging the arbitration award.
(d) Demand for Arbitration. A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for Gigstreem, see below); (3) specify the amount of money in dispute, if applicable; (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it (see Section (h)) and the then current filing fee required by the AAA. The Demand must be sent to the AAA at the following address:
American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Alternatively, the Demand may be filed with the AAA online using AAA WebFile: https://www.adr.org.
Any Demand to Gigstreem should be addressed to:
Gigstreem Address
6955 Oak Ridge Pkwy, Suite 105
Austell, GA 30168
(e) Filing, Administration and Arbitrator Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Section 10. Each party will bear its own fees in connection with the arbitration, including the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.
(g) OPT-OUT PROCEDURE. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 10, YOU MUST NOTIFY GIGSTREEM IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. YOU MAY OPT OUT BY MAILING A WRITTEN NOTICE TO GIGSTREEM AT THE ADDRESS SET FORTH IN SUBSECTION (d). YOUR WRITTEN NOTIFICATION TO GIGSTREEM MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND PHONE NUMBER, AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH GIGSTREEM THROUGH ARBITRATION. IF YOU OPT OUT OF THE ARBITRATION PROVISIONS IN THIS SECTION 10, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY.
(h) Amendment to Arbitration Provisions. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any amendment to the arbitration provisions in this Section 10 in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against Gigstreem prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and Gigstreem. We will notify you of amendments to the arbitration provisions of this Section 10 by posting the amended terms on www.gigstreem.com/notices, and/or by providing notice to you by email, at least 30 days before the effective date of the amendments. If you do not agree to the amended terms, you may immediately cease all use of the Features, and you will not be bound by the amended terms.
(i) Batch Arbitration. If 25 or more claimants (including you) submit notices of dispute or demands for arbitration raising similar claims and are represented by the same or coordinated counsel, these claims may be resolved in batches of up to 50 claimants each (“Batch”), unless you and we agree otherwise or applicable AAA rules specify otherwise. AAA will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing (if any) per Batch. All parties agree that claims are “similar” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Any disagreement over the formation of Batches shall be decided by a procedural arbitrator appointed by AAA. This Batch arbitration provision shall survive termination of your agreement with us.
11. Additional Terms.
(a) Geographic Restrictions. Gigstreem is based in the United States. We make no claims that the Features or the Content are accessible or appropriate outside of the United States. Access to and use of the Features may not be legal by certain persons or in certain countries. If you access the Features from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
(b) Governing LawThese Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of New York.
(c) Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.
(d) Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gigstreem without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
(e) Feedback. If you elect to provide any suggestions, comments, improvements, information, ideas, or other feedback or related materials related to the Features (collectively, “Feedback”), you hereby grant Gigstreem a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any such Feedback in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise. Nothing in these Terms limits Gigstreem’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
(f) Electronic Communications. The communications between you and Gigstreem via the Features use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(g) U.S. Export Controls. The Features may be subject to United States export laws, including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Features to, or make the Features accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Features available outside the United States.
(h) Entire Agreement. These Terms, including our Privacy Notice, constitute the sole and entire agreement between you and Gigstreem with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
12. Questions.
If you have any questions about these Terms, please contact us at sales@gigstreem.com.
13. Notice to California Residents.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-(800) -952-5210.