Terms of Service
Last updated: April 2026
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and GigitekAI LLC ("Company," "we," "us," or "our"). By accessing, browsing, or using our website gigitekai.com (the "Website") and our cloud infrastructure, AI implementation, managed IT services, and related solutions (collectively, the "Services"), you agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use our Website or Services. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Use License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for lawful purposes. This license does not include the right to:
- Modify or copy the materials
- Use the materials for any commercial purpose or for any public display
- Attempt to decompile or reverse engineer any software contained on the Website
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or "mirror" the materials on any other server
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
- Obtain or attempt to obtain any materials or information through any means not intentionally provided by us
3. Disclaimer of Warranties
The materials on our Website and Services are provided on an "as-is" basis. GigitekAI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that our Website or the server that makes it available are free of viruses or other harmful components.
4. Limitations of Liability
In no event shall GigitekAI or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website or Services, even if we or an authorized representative has been notified orally or in writing of the possibility of such damage.
Some jurisdictions do not allow limitations on implied warranties or limitations of liability for incidental or consequential damages, so these limitations may not apply to you.
5. Accuracy of Materials
The materials appearing on our Website and Services could include technical, typographical, or photographic errors. GigitekAI does not warrant that any of the materials on our Website or Services are accurate, complete, or current. We may make changes to the materials contained on our Website or Services at any time without notice.
6. Materials and Content
GigitekAI has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GigitekAI of the site. Use of any such linked website is at the user's own risk.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the information specified in the Digital Millennium Copyright Act (DMCA).
7. Modifications to Terms
GigitekAI may revise these Terms of Service for our Website and Services at any time without notice. By using this Website or Services, you are agreeing to be bound by the then current version of these Terms of Service. We will notify you of material changes by posting the updated Terms on our Website and updating the "Last updated" date.
8. Governing Law
These Terms of Service and any separate agreements we may enter into to provide the Services are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Hillsborough County, Florida.
9. User Responsibilities
You agree that you will not use our Website or Services to:
- Violate any applicable laws, regulations, or third-party rights
- Transmit any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable material
- Impersonate any person or entity or misrepresent your affiliation with a person or entity
- Upload viruses or other malicious code
- Collect or track personal information of others without consent
- Spam, phish, or engage in any form of harassment
- Interfere with or disrupt the integrity or performance of our Website or Services
- Attempt to gain unauthorized access to our systems or networks
10. Intellectual Property Rights
All content on our Website and Services, including text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of GigitekAI or its content suppliers and is protected by international copyright laws. All rights are reserved.
You may not reproduce, distribute, transmit, display, or perform any content from our Website or Services without our prior written permission, except as permitted by applicable law.
11. Payment and Billing
If you purchase our Services, you agree to pay the fees and charges as stated in your service agreement or quote. Payment terms and conditions are specified in your contract with GigitekAI. All fees are exclusive of applicable taxes unless otherwise stated.
We may change our fees and charges at any time, provided that such changes will not apply to Services already purchased unless you agree to the new pricing terms.
If you dispute any charges, you must notify us in writing within thirty (30) days of the charge appearing on your invoice.
12. Data Processing and Compliance
12.1 GDPR Compliance
If you are located in the European Union or United Kingdom and provide personal data to us, we will process that data in accordance with the General Data Protection Regulation (GDPR). We maintain a Data Processing Agreement (DPA) with customers who require it, which outlines our obligations as a data processor.
12.2 HIPAA Compliance
If you are a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA) and require our Services to handle protected health information (PHI), we will execute a Business Associate Agreement (BAA) with you. Our Services include appropriate safeguards for PHI as required by HIPAA.
12.3 SOC 2 Compliance
GigitekAI maintains SOC 2 Type II compliance, demonstrating our commitment to security, availability, processing integrity, confidentiality, and privacy controls. Audit reports are available upon request to qualified customers.
13. Service Level Agreement (SLA)
GigitekAI commits to maintaining 99.5% uptime for our managed services, measured on a monthly basis. Uptime is defined as the percentage of time during which our Services are available and functioning properly.
Scheduled maintenance windows and events beyond our reasonable control (force majeure events) are excluded from uptime calculations. If we fail to meet the SLA, you may be eligible for service credits as specified in your service agreement.
14. Termination
Either party may terminate the Services by providing written notice to the other party. Upon termination, your right to use the Services will immediately cease. We will make reasonable efforts to return or securely delete your data within thirty (30) days of termination, unless otherwise required by law.
We may terminate or suspend your access to our Services immediately if you violate these Terms or engage in conduct that we reasonably believe violates applicable law or harms our business, users, or reputation.
15. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall GigitekAI be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.
Our total liability under these Terms shall not exceed the amount paid by you for the Services in the twelve (12) months preceding the claim.
16. Indemnification
You agree to indemnify, defend, and hold harmless GigitekAI and its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our Website or Services, your violation of these Terms, or your violation of any third-party rights.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms of Service, together with any other agreements you have entered into with GigitekAI, constitute the entire agreement between you and GigitekAI regarding your use of our Website and Services and supersede all prior negotiations, representations, and agreements, whether written or oral.
19. Contact Information
If you have questions about these Terms of Service or our Services, please contact us: