Terms of Service

Agreement to these terms

These Terms of Service (“Terms”) govern your access to and use of the Giants Digital website, services, and communications. In these Terms, “Giants Digital,” “we,” “us,” and “our” refer to Giants Digital. By accessing our website or engaging with us, you agree to these Terms.

If you are using our services on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms.

Our services

Giants Digital provides website strategy, design, development, software, AI systems, automation, hosting, maintenance, and related digital services. The exact scope, deliverables, timeline, fees, and responsibilities for a client engagement are set out in a separate proposal, statement of work, service agreement, or order form (collectively, a “Project Agreement”).

If there is a conflict between these Terms and a Project Agreement, the Project Agreement controls for that engagement.

Website use

You may use our website for lawful, personal, and business purposes. You agree not to:

• Use the website in violation of applicable laws or regulations;
• Attempt to interfere with the website’s security, availability, or operation;
• Introduce malware, harmful code, or disruptive material;
• Copy, scrape, reproduce, or exploit website content except as permitted by law or with our written consent; or
• Use the website to submit false, misleading, infringing, or unlawful material.

Client responsibilities

Clients are responsible for providing timely, accurate, and complete information, content, approvals, access, and feedback reasonably needed for the work. Clients represent that they have the right to provide all materials, instructions, and content supplied to Giants Digital.

Delays in providing necessary materials or approvals may affect timelines, milestones, and fees. We are not responsible for delays or issues caused by incomplete, inaccurate, or late client materials, third-party services, or circumstances beyond our reasonable control.

Fees and payment

Fees, payment schedules, expenses, and any applicable late-payment terms will be stated in the applicable Project Agreement or invoice. Unless otherwise stated in writing, fees are due when invoiced and are non-refundable for work already performed. We may pause or withhold services while amounts remain overdue.

Intellectual property

Each party retains ownership of its pre-existing materials, trademarks, technology, know-how, and other intellectual property. Ownership and license rights in project deliverables are governed by the applicable Project Agreement.

Unless a Project Agreement states otherwise, Giants Digital retains ownership of its methods, tools, templates, reusable components, source materials, and general knowledge developed or used in providing services. We may display completed work in our portfolio or promotional materials unless the Project Agreement provides otherwise.

Third-party services and content

Our work may rely on third-party platforms, hosting providers, software, APIs, plugins, content, or services. Their availability, performance, security, and terms are outside our control. You are responsible for complying with third-party terms that apply to your use of those services.

Confidentiality

Each party will use reasonable care to protect the other party’s confidential information and use it only as needed to perform or receive services. This obligation does not apply to information that is public through no fault of the receiving party, already known without a duty of confidentiality, independently developed, or rightfully received from a third party.

Disclaimers

Our website and services are provided on an “as is” and “as available” basis except to the extent expressly stated in a Project Agreement. To the fullest extent permitted by law, Giants Digital disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

We do not guarantee particular business results, search rankings, traffic, sales, conversions, uptime, or the continued availability or performance of third-party platforms or services.

Limitation of liability

To the fullest extent permitted by law, Giants Digital and its owners, employees, contractors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or business opportunities, arising out of or related to the website or services.

To the fullest extent permitted by law, Giants Digital’s total liability for any claim related to the website or services will not exceed the amount paid to Giants Digital for the services giving rise to the claim during the three months before the event giving rise to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Giants Digital and its owners, employees, contractors, and suppliers from claims, damages, liabilities, costs, and expenses arising from your misuse of the website, your violation of these Terms, or materials or instructions you provide that infringe or violate another party’s rights.

Termination

We may suspend or terminate access to the website or services if we reasonably believe that these Terms have been violated, payment obligations have not been met, or continued access could create risk for Giants Digital, our clients, or others. Termination of a Project Agreement is governed by that agreement.

Governing law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising from these Terms will be brought in the state or federal courts located in Collier County, Florida, unless applicable law requires otherwise.

Changes to these terms

We may update these Terms from time to time. The revised Terms will be posted on this page with an updated date. Your continued use of our website or services after changes become effective means you accept the revised Terms.

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