Effective Date: September 11th, 2025
Last Updated: September 11th, 2025

1. AGREEMENT TO TERMS

1.1 Acceptance and Binding Agreement

These Terms and Conditions ("Terms," "Terms and Conditions," "Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "your," "user," "customer") and GIGA Chad Ltd., a Delaware corporation ("GIGA," "GIGA Fitness," "Company," "we," "us," or "our"), concerning your access to and use of the https://www.gigafitness.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and the purchase of products and services available through the Site.

1.2 Legal Entity Information

GIGA Chad Ltd. is a corporation organized and existing under the laws of the State of Delaware, United States of America, with its principal place of business and registered office located at 611 South DuPont Highway, Suite 102, Dover, Delaware, 19901, United States. GIGA Chad Ltd. operates the GIGA Fitness brand and all associated properties.

1.3 Consent and Agreement

By accessing the Site, placing an order, creating an account, or engaging with our services in any manner, you acknowledge that you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1.4 Supplemental Terms

Supplemental terms and conditions or documents that may be posted on the Site 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 Terms and Conditions at any time and for any reason.

1.5 Notification of Changes

We will alert you about any changes by updating the "Last Updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions 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 Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

1.6 Jurisdiction and Applicable Law

The information on the Site 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. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. ELIGIBILITY AND USER REQUIREMENTS

2.1 Age Requirements

The Site and our products are intended for users who are:

• At least eighteen (18) years of age for purchasing fitness apparel and accessories
• At least eighteen (18) years of age for purchasing dietary supplements
• At least eighteen (18) years of age for purchasing energy drinks
• At least thirteen (13) years of age for accessing the Site and community features with parental consent

2.2 Minors Under 18

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site and purchase products. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site or purchasing any products.

2.3 Parental Responsibility

Parents and guardians who permit minors to use the Site or purchase products are fully responsible for: (i) the online conduct of such minors; (ii) monitoring such minors' access to and use of the Site; (iii) any purchases made by such minors; and (iv) the consequences of any misuse of the Site or products by such minors.

2.4 Representation of Authority

By using the Site or purchasing products, you represent and warrant that:

• You have the legal capacity and you agree to comply with these Terms and Conditions
• You are not under the age of 13
• If you are a minor, you have received permission from your parent or guardian
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
• You will not use the Site for any illegal or unauthorized purpose
• Your use of the Site will not violate any applicable law or regulation

2.5 Account Suspension or Termination

If we determine or have reasonable grounds to believe that you have violated any provision of these Terms and Conditions, we reserve the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) without notice to you.

3. PRODUCTS AND SERVICES

3.1 Product Categories

GIGA offers the following products and services (collectively, "Products"):

• Performance Apparel: Men's and women's premium fitness clothing including but not limited to shorts, t-shirts, tank tops, hoodies, leggings, sports bras, and related athletic wear
• Accessories: Fitness-related accessories including but not limited to gym bags, water bottles, lifting straps, belts, wrist wraps, and other training equipment
• Dietary Supplements: Nutritional supplements including but not limited to protein powders, pre-workout formulas, vitamins, minerals, and other dietary supplement products (subject to availability and legal restrictions)
• Energy Drinks: Performance and energy beverages (subject to availability and legal restrictions)
• Community Access: Free access to the GIGA Discord community platform and related digital community features

3.2 Product Descriptions and Accuracy

We make every effort to display as accurately as possible the colors, features, specifications, and details of the Products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Product at any time for any reason.

3.3 Product Availability and Limitations

• Products may be available in limited quantities and are subject to availability
• We reserve the right to limit the quantities of any Products that we offer
• We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order
• These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address
• We reserve the right to discontinue any product at any time without notice

3.4 Pre-Orders and Special Releases

• Pre-order Products will be clearly identified on the Site with expected availability dates
• Payment for pre-orders will be processed at the time of order placement
• Pre-order dates are estimates and may be subject to change
• If a pre-order is delayed more than thirty (30) days beyond the originally stated availability date, you may cancel your order for a full refund
• Limited edition or special release Products may be subject to additional terms and purchase limitations

3.5 Product Modifications

We reserve the right to modify Product designs, specifications, materials, or features at any time without prior notice, provided that such modifications do not materially diminish the quality or performance of the Product.

4. USER ACCOUNTS AND REGISTRATION

4.1 Account Creation

To access certain features of the Site and to place orders, you may be required to create an account. You may also shop as a guest for certain transactions. When creating an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form.

4.2 Account Information Accuracy

You agree to:

• Provide true, accurate, current, and complete information about yourself
• Maintain and promptly update your account information to keep it true, accurate, current, and complete
• Accept all risks of unauthorized access to your account information
• Immediately notify us of any unauthorized use of your account or any other breach of security

4.3 Username and Password Security

You are responsible for:

• Maintaining the confidentiality of your account login information
• All activities that occur under your account
• Ensuring that you log out of your account at the end of each session when accessing the Site from a shared or public computer
• Any damages or losses incurred as a result of your failure to maintain the security of your account credentials

4.4 Account Monitoring and Security

We reserve the right to:

• Monitor accounts for security purposes
• Suspend or terminate accounts that we suspect are being used in violation of these Terms
• Refuse service, terminate accounts, or cancel orders in our sole discretion
• Take appropriate legal action against anyone who, in our sole discretion, violates these Terms

4.5 Prohibited Account Activities

You may not:

• Use another person's account without permission
• Create an account using false or misleading information
• Create multiple accounts for the purpose of circumventing purchase limits or other restrictions
• Transfer or sell your account to another person
• Use your account to engage in any activity that violates these Terms

5. ORDERING AND PURCHASING

5.1 Order Placement

By placing an order through the Site, you represent and warrant that:

• You are legally capable of entering into binding contracts
• All information provided by you is true, accurate, and complete
• You are the authorized user of the payment method provided
• You will pay for all purchases made under your account

5.2 Order Acceptance

• Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order
• We reserve the right to refuse or cancel your order at any time for any reason, including but not limited to:
  • Product or service availability
  • Errors in the description or price of the product or service
  • Errors in your order
  • Suspected fraudulent, unauthorized, or illegal activity
  • Violation of these Terms

5.3 Order Verification

We may require additional verification or information before accepting any order. We may contact you via email, phone, or other means to verify your order details, payment information, or identity.

5.4 Purchase Limits

We reserve the right to limit purchases to reasonable quantities for personal use. We may reject orders that appear to be placed by dealers, resellers, or distributors. Commercial resale of our Products without express written consent is strictly prohibited.

5.5 Order Confirmation and Contract Formation

The contract for purchase of Products will be formed only when we send you a shipping confirmation email. Until that time, we reserve the right to cancel or modify your order.

6. PRICING, PAYMENT, AND BILLING

6.1 Pricing

• All prices for Products are listed in United States Dollars (USD) unless otherwise specified
• When we expand operations to other markets, prices may be displayed in local currencies including but not limited to Euros (EUR), British Pounds (GBP), Canadian Dollars (CAD), Australian Dollars (AUD)
• Prices are subject to change without notice at any time before order acceptance
• The price charged will be the price in effect at the time the order is placed

6.2 Pricing Errors

Despite our best efforts, a small number of the items on our Site may be mispriced. If we discover an error in the price of Products you have ordered, we will:

• Contact you to inform you of the error
• Give you the option of continuing with the order at the correct price or canceling the order
• If we are unable to contact you, we reserve the right to cancel the order
• If we cancel the order after your payment has been processed, we will issue a full refund

6.3 Payment Methods

We accept the following forms of payment:

• Shopify Payments: Including all major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and digital wallets (Apple Pay, Google Pay, Shop Pay)
• Solana Pay: Cryptocurrency payments via the Solana blockchain
• Additional payment methods may be added at our discretion

6.4 Payment Processing

• Payment is due at the time of order placement
• By providing payment information, you authorize us to charge the total amount of your order to your chosen payment method
• All payments must be made in full before orders are processed for shipment
• We use third-party payment processors and do not store your complete payment information on our servers

6.5 Payment Security

• All payment transactions are encrypted using SSL technology
• We comply with PCI-DSS requirements for handling payment information
• You agree not to use any payment method that you are not authorized to use
• You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred

6.6 Sales Tax and Other Taxes

• Sales tax will be calculated and added to your order as required by applicable federal, state, and local laws
• Tax rates are based on the shipping address and the tax laws in effect at the time of purchase
• Tax amounts will be clearly displayed during checkout before order completion
• You are responsible for any additional taxes or fees that may be assessed by your local government

6.7 International Pricing and Duties

For international orders:

• GIGA covers all import duties, customs fees, and tariffs
• The price displayed at checkout is the final price you pay
• No additional fees will be required upon delivery
• Currency conversion rates are updated regularly and the rate at time of purchase will apply

6.8 Promotional Codes and Discounts

• Promotional codes are subject to specific terms and conditions
• Only one promotional code may be used per order unless otherwise specified
• We reserve the right to modify or cancel promotional codes at any time
• Promotional codes have no cash value and cannot be transferred or sold

6.9 Payment Disputes and Chargebacks

• If you dispute a charge or initiate a chargeback without first attempting to resolve the issue with us, we reserve the right to:
  • Suspend or terminate your account
  • Refuse future orders from you
  • Take legal action to recover costs associated with the dispute
• Before initiating a chargeback, you agree to contact us at contact@gigafitness.com to attempt resolution

7. SHIPPING AND DELIVERY

7.1 Shipping Locations

• We ship to all countries worldwide, subject to legal restrictions and logistics capabilities
• Certain Products may not be available for shipment to certain locations due to legal restrictions (particularly supplements and energy drinks)
• We reserve the right to refuse orders to certain locations at our discretion

7.2 Fulfillment and Processing

• Orders are fulfilled through our third-party logistics partner located in Canada
• Order processing typically begins within 24-48 hours of order placement (excluding weekends and holidays)
• Processing times may be extended during high-volume periods, promotional events, or product launches
• You will receive a shipping confirmation email with tracking information once your order has been dispatched

7.3 Shipping Methods and Timeframes

• Available shipping methods and estimated delivery timeframes will be displayed at checkout
• Delivery timeframes are estimates only and are not guaranteed
• We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, or other factors outside our control
• Business days exclude weekends and recognized holidays

7.4 Shipping Costs

• Shipping costs are calculated based on order weight, dimensions, destination, and selected shipping method
• Shipping costs will be clearly displayed at checkout before order completion
• Free shipping may be offered for orders meeting certain criteria, subject to terms and restrictions
• Expedited shipping options may be available at additional cost

7.5 Delivery and Risk of Loss

• All purchases are made pursuant to a shipment contract
• Risk of loss and title for Products pass to you upon delivery to the carrier
• Once Products are delivered to the carrier, we are not responsible for lost, stolen, or damaged packages
• We recommend that you request signature confirmation for high-value orders

7.6 Delivery Issues

If you experience delivery issues:

• Check the tracking information provided
• Contact the shipping carrier directly for updates
• Contact us at contact@gigafitness.com if the issue cannot be resolved with the carrier
• We will work with you and the carrier to investigate missing packages, but cannot guarantee resolution

7.7 Incorrect Shipping Address

• You are responsible for ensuring that your shipping address is accurate and complete
• We are not responsible for orders shipped to incorrect addresses provided by you
• If a package is returned to us due to an incorrect address, you will be responsible for additional shipping costs to reship the order

7.8 International Shipping Specifics

• International orders may be subject to additional processing time for customs clearance
• While GIGA covers import duties and taxes, you are responsible for compliance with your local laws regarding importation of our Products
• Some countries may prohibit or restrict the importation of certain Products, particularly supplements and energy drinks
• It is your responsibility to ensure that you can legally import Products into your country

8. ORDER MODIFICATIONS AND CANCELLATIONS

8.1 Customer-Initiated Modifications

• Orders may be modified or canceled within one (1) hour of placement by contacting contact@gigafitness.com
• After the one-hour window, we cannot guarantee that modifications or cancellations can be accommodated
• Once an order has been processed for fulfillment, it cannot be modified or canceled
• Requests for modifications must include your order number and the specific changes requested

8.2 Types of Permitted Modifications

Within the modification window, you may request to:

• Change the shipping address (subject to shipping cost adjustments)
• Remove items from your order
• Change the shipping method (subject to cost adjustments)
• Cancel the entire order

8.3 Modifications Not Permitted

The following modifications are not permitted:

• Adding items to an existing order (you must place a new order)
• Changing payment methods after payment has been processed
• Combining multiple orders after placement
• Modifying pre-order or limited edition items

8.4 Company-Initiated Cancellations

We reserve the right to cancel any order at our discretion, including but not limited to circumstances involving:

• Product unavailability or discontinuation
• Pricing or product description errors
• Suspected fraudulent, unauthorized, or illegal activity
• Violation of these Terms or purchase limits
• Technical errors or system failures
• Force majeure events

8.5 Cancellation Notifications and Refunds

• If we cancel your order, you will be notified via email to the address provided during order placement
• If payment has been processed for a canceled order, a full refund will be issued to the original payment method
• Refunds for canceled orders will be processed within 5-10 business days
• You will receive confirmation once the refund has been processed

9. RETURNS, REFUNDS, AND EXCHANGES

9.1 Return Policy Overview

Our complete Return and Refund Policy is published separately and incorporated herein by reference. This section provides key highlights, but the full Return and Refund Policy governs in case of any conflict.

9.2 Return Eligibility

• Products must be returned within the timeframe specified in our Return and Refund Policy
• Products must be unused, unworn, unwashed, and in original condition with all tags attached
• Certain Products may be final sale and ineligible for return (as indicated on the Product page)
• Proof of purchase is required for all returns

9.3 Return Process

• Return authorization must be requested through our returns portal or by contacting contact@gigafitness.com
• You will receive a return authorization number and shipping instructions
• Products must be properly packaged to prevent damage during return shipping
• Return shipping costs may be the responsibility of the customer unless the return is due to our error

9.4 Refund Processing

• Refunds will be issued to the original payment method
• Refund processing times vary by payment method but typically take 5-10 business days after receipt of returned Products
• Original shipping costs are non-refundable unless the return is due to our error
• We reserve the right to inspect returned Products before issuing refunds

9.5 Exchanges

• Direct exchanges may be available for size or color variations of the same Product
• Exchange availability is subject to inventory
• If an exchange is not available, you may return the Product for a refund and place a new order

10. WARRANTIES, DISCLAIMERS, AND PRODUCT SAFETY

10.1 Limited Product Warranty

GIGA provides the following limited warranties:

• Apparel and Accessories: We warrant that apparel and accessories will be free from material defects in materials and workmanship for ninety (90) days from the date of delivery under normal use and care
• Supplements: We warrant that supplements will meet their labeled specifications until the expiration date when stored according to package directions
• Energy Drinks: We warrant that energy drinks will meet quality standards until the expiration date when stored properly

10.2 Warranty Exclusions

The limited warranty does not cover:

• Normal wear and tear
• Damage caused by misuse, abuse, accident, or negligence
• Damage caused by improper care, washing, or storage
• Alterations or modifications to Products
• Products purchased from unauthorized sellers
• Cosmetic damage that does not affect Product performance

10.3 Warranty Claims

To make a warranty claim:

• Contact us at contact@gigafitness.com within the warranty period
• Provide proof of purchase and description of the defect
• Follow instructions for returning the defective Product
• We will, at our option, repair, replace, or refund defective Products covered by warranty

10.4 DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS LIMITED WARRANTIES STATED ABOVE, ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• IMPLIED WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES REGARDING PRODUCT QUALITY, PERFORMANCE, OR SUITABILITY FOR YOUR SPECIFIC NEEDS
• WARRANTIES THAT PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

10.5 Product Use Warnings and Safety Information

10.5.1 Fitness Apparel and Accessories

• Products are designed for athletic and fitness activities
• Always inspect Products before use for signs of wear or damage
• Follow care instructions on Product labels
• Discontinue use if Products show signs of excessive wear or damage
• Improper use may result in injury
• We are not responsible for injuries resulting from Product use during physical activities

10.5.2 Dietary Supplements

WARNING:

• Dietary supplements are not intended to diagnose, treat, cure, or prevent any disease
• Consult with a qualified healthcare professional before using any dietary supplement, especially if you:
  • Have a medical condition or are taking medications
  • Are pregnant or nursing
  • Are under 18 years of age
  • Have allergies or sensitivities
• Do not exceed recommended serving sizes
• Keep out of reach of children
• Store in a cool, dry place away from direct sunlight
• Discontinue use and consult a physician if you experience adverse reactions
• These statements have not been evaluated by the Food and Drug Administration

10.5.3 Energy Drinks

WARNING:

• Contains caffeine. Not recommended for children, pregnant or nursing women, or caffeine-sensitive individuals
• Limit caffeine intake from other sources while consuming
• Do not exceed recommended daily intake
• May cause jitteriness, sleeplessness, or rapid heartbeat in sensitive individuals
• Do not combine with alcohol
• Consult a physician before use if you have heart conditions or high blood pressure
• Keep refrigerated after opening and consume within recommended timeframe

10.6 Assumption of Risk

By purchasing and using our Products, you acknowledge and agree that:

• Physical exercise and fitness activities carry inherent risks of injury
• You assume all risks associated with the use of our Products
• You will use Products only as intended and in accordance with instructions
• You are responsible for consulting appropriate professionals regarding your health and fitness activities

11. INTELLECTUAL PROPERTY RIGHTS

11.1 GIGA Intellectual Property

Unless otherwise indicated, the Site and all content, features, and functionality thereof, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by GIGA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

11.2 Trademarks and Brand Assets

The following are proprietary to GIGA:

• The GIGA name, logo, and all related names, logos, product and service names, designs, and slogans
• "Proof of Work" and other GIGA taglines
• GIGA Chad and related character designs
• All GIGA product names and designs You must not use such marks without our prior written permission.

11.3 Limited License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Site for personal, non-commercial purposes
• Download and print reasonable portions of Site content for personal use
• Share links to Site pages through social media or other communications

11.4 Prohibited Uses of Intellectual Property

You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Site material except as permitted above
• Use any GIGA intellectual property for commercial purposes without written consent
• Use data mining, robots, screen scraping, or similar data gathering tools
• Attempt to reverse engineer any Site features or functionality
• Remove or alter any proprietary notices from Site materials
• Use GIGA intellectual property in a manner that suggests endorsement or affiliation without permission

11.5 User-Generated Content License

By submitting, posting, or displaying content on or through the Site, including but not limited to reviews, photos, videos, transformation pictures, testimonials, or social media posts that tag or reference GIGA ("User Content"), you grant GIGA a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to:

• Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media formats and channels
• Use your name, likeness, and any other information provided in connection with the User Content
• Use User Content for marketing, promotional, and commercial purposes
• Sublicense these rights to third parties

11.6 User Content Representations

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights to the content
• Your content does not infringe any third-party rights
• You have permission from any persons appearing in the content
• Your content is accurate and not misleading
• Your content complies with these Terms and applicable laws

11.7 Copyright Infringement Claims

If you believe that any content on our Site infringes your copyright, please contact us with:

• Description of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material
• Your contact information
• A statement of good faith belief that the use is unauthorized
• A statement under penalty of perjury that the information is accurate
• Your physical or electronic signature

11.8 Third-Party Intellectual Property

The Site may contain third-party trademarks, service marks, logos, and other intellectual property. Such third-party intellectual property is the property of its respective owners and is used under license or with permission.

12. PRIVACY AND DATA PROTECTION

12.1 Privacy Policy

Your use of the Site and our Products is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, share, and protect your personal information.

12.2 Data Collection and Use

By using the Site, you consent to:

• The collection and use of your information as set forth in our Privacy Policy
• The use of cookies and similar tracking technologies
• The processing of your data for order fulfillment and customer service
• Receiving transactional and marketing communications (subject to opt-out rights)

12.3 Data Security

While we implement reasonable security measures to protect your information, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data.

12.4 International Data Transfers

Your information may be transferred to and processed in countries other than your country of residence. By using the Site, you consent to such transfers.

12.5 California Privacy Rights

California residents have specific rights regarding their personal information under the California Consumer Privacy Act (CCPA). These rights are detailed in our Privacy Policy.

12.6 Children's Privacy

We do not knowingly collect personal information from children under 13. If we learn we have collected such information, we will promptly delete it.

13. PROHIBITED USES AND ACTIVITIES

13.1 Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. Prohibited activity includes, but is not limited to:

13.2 Commercial and Fraudulent Activities

• Systematic retrieval of data or content from the Site to create a collection, compilation, database, or directory without written permission
• Making any unauthorized use of the Site, including collecting usernames and/or email addresses by electronic or other means
• Using the Site to advertise or offer to sell goods and services without permission
• Engaging in unauthorized framing of or linking to the Site
• Circumventing, disabling, or interfering with security-related features of the Site
• Engaging in price manipulation, false orders, or other fraudulent activities
• Creating multiple accounts to circumvent restrictions or limits
• Reselling Products without express written authorization

13.3 Harmful or Illegal Activities

• Attempting to impersonate another user or person or using another's account
• Using any information obtained from the Site to harass, abuse, or harm another person
• Using the Site in violation of applicable laws or regulations
• Engaging in any activity that could damage, disable, or impair the Site
• Attempting to gain unauthorized access to any portion of the Site or any systems or networks
• Using the Site to transmit viruses, malware, or other harmful code
• Engaging in any automated use of the system without permission

13.4 Intellectual Property Violations

• Infringing upon our intellectual property rights or those of others
• Uploading or transmitting materials that you do not have a right to transmit
• Deleting or altering any copyright, trademark, or other proprietary rights notices
• Attempting to decompile or reverse engineer any Site software

13.5 Content Violations

• Uploading or transmitting any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Uploading content that contains nudity, violence, or offensive subject matter
• Uploading content that promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
• Misleading others about the source or nature of uploaded content

13.6 Enforcement

We reserve the right to:

• Investigate suspected violations of these Terms
• Terminate or suspend access to all or part of the Site for violations
• Report suspected illegal activity to law enforcement
• Cooperate with law enforcement in investigating suspected criminal activity
• Seek all remedies available at law and in equity for violations of these Terms

14. COMMUNITY GUIDELINES AND DISCORD ACCESS

14.1 Community Platform

GIGA provides free access to our Discord community platform as a benefit to all users. This community is designed to support fitness transformation, accountability, and connection among GIGA members.

14.2 Community Terms

Use of the GIGA Discord community is subject to:

• These Terms and Conditions
• Discord's Terms of Service
• Additional community rules posted within the Discord server
• Moderator discretion and decisions

14.3 Community Conduct Standards

When participating in the GIGA community, you agree to:

• Treat all members with respect and courtesy
• Share content that is relevant to fitness, health, and personal development
• Respect the privacy and boundaries of other members
• Follow instructions from moderators and administrators
• Report violations of community standards

14.4 Prohibited Community Behavior

The following are prohibited in the GIGA community:

• Harassment, bullying, or intimidation of any kind
• Sharing of inappropriate, offensive, or illegal content
• Spam, excessive self-promotion, or commercial solicitation
• Sharing of personal information of others without consent
• Impersonation of GIGA staff or other members
• Circumventing bans or other disciplinary actions

14.5 Community Access Revocation

We reserve the right to revoke community access at any time for:

• Violation of community guidelines
• Disruptive or harmful behavior
• Any other reason at our sole discretion
• Revocation of community access does not affect your ability to purchase Products

14.6 No Guarantee of Availability

While we intend to maintain the community platform, we do not guarantee its continuous availability and may modify, suspend, or discontinue it at any time without notice.

15. THIRD-PARTY SERVICES AND LINKS

15.1 Third-Party Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by GIGA. Additionally, we use third-party services for various functions including:

• Payment processing (Shopify Payments, Solana Pay)
• Shipping and logistics
• Customer service tools
• Analytics and marketing services

15.2 No Endorsement

The inclusion of third-party links or the use of third-party services does not imply endorsement or recommendation by GIGA. We are not responsible for:

• The content, products, or services of third parties
• The privacy practices of third parties
• Any damage or loss caused by third parties

15.3 Third-Party Terms

Your use of third-party services is governed by their respective terms and conditions and privacy policies. You should review these documents before using third-party services.

15.4 Payment Processor Terms

By using our accepted payment methods, you agree to be bound by the terms and conditions of the respective payment processors, including but not limited to Shopify Payments and Solana Pay.

16. INDEMNIFICATION

16.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless GIGA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Site or Products
• Your User Content
• Your violation of any third-party rights
• Your violation of any applicable laws or regulations
• Any damage you cause to third parties
• Your negligence or willful misconduct

16.2 Indemnification Process

We will:

• Notify you promptly of any claim subject to indemnification
• Allow you to control the defense and settlement (subject to our approval)
• Provide reasonable cooperation in the defense at your expense

16.3 Survival

This indemnification obligation will survive the termination of these Terms and your use of the Site.

17. LIMITATION OF LIABILITY

17.1 DISCLAIMER OF CERTAIN DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIGA, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION:

• DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA
• DAMAGES FOR BUSINESS INTERRUPTION
• DAMAGES FOR LOSS OF ANTICIPATED SAVINGS
• DAMAGES FOR PERSONAL INJURY OR EMOTIONAL DISTRESS
• DAMAGES FOR PROPERTY DAMAGE
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SITE OR PRODUCTS
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY

17.2 CAP ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GIGA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR PRODUCTS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF:

• ONE HUNDRED DOLLARS ($100.00), OR
• THE TOTAL AMOUNT PAID BY YOU TO GIGA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY

17.3 ESSENTIAL PURPOSE

YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE ESSENTIAL ELEMENTS OF THESE TERMS AND THAT GIGA WOULD NOT PROVIDE THE SITE OR PRODUCTS TO YOU WITHOUT THESE LIMITATIONS.

17.4 APPLICABLE LAW LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

17.5 BASIS OF THE BARGAIN

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.

18. DISPUTE RESOLUTION

18.1 Informal Resolution

Before initiating formal dispute resolution proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Site informally by contacting us at contact@gigafitness.com. We will attempt to resolve the dispute informally for at least thirty (30) days from the date you contact us.

18.2 Binding Arbitration

If we cannot resolve the dispute informally, you and GIGA agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or Products shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules.

18.3 Arbitration Procedures

• The arbitration shall be conducted in Dover, Delaware, unless we agree otherwise
• The arbitration shall be conducted by a single neutral arbitrator
• The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act
• The arbitrator's decision shall be final and binding
• Judgment on the award may be entered in any court having jurisdiction

18.4 Arbitration Costs

• For claims less than $10,000, GIGA will pay all AAA filing, administration, and arbitrator fees
• For claims of $10,000 or more, payment of fees will be governed by AAA rules
• Each party shall bear its own attorneys' fees unless the arbitrator determines that a claim was brought in bad faith

18.5 CLASS ACTION WAIVER

YOU AND GIGA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

18.6 Severability of Arbitration Agreement

If the class action waiver is found to be unenforceable, then the entire arbitration agreement shall be null and void, and disputes shall be resolved in court as set forth below.

18.7 Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to:

• Protect intellectual property rights
• Enforce confidentiality obligations
• Prevent irreparable harm

18.8 Right to Opt Out

You have the right to opt out of binding arbitration by sending written notice of your decision to opt out to contact@gigafitness.com within thirty (30) days of first accepting these Terms.

19. GOVERNING LAW AND JURISDICTION

19.1 Governing Law

These Terms and any dispute arising out of or related to these Terms, the Site, or Products shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

19.2 Jurisdiction

If arbitration is not applicable or is found unenforceable, you agree that any legal action or proceeding shall be brought exclusively in the federal or state courts located in Dover, Delaware, and you consent to the personal jurisdiction of such courts.

19.3 Waiver of Jury Trial

YOU AND GIGA HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.

20. COMMUNICATIONS AND NOTICES

20.1 Electronic Communications

By using the Site or providing us with your email address, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

20.2 Marketing Communications

By creating an account or making a purchase, you may receive marketing communications from us. You can opt out of marketing communications at any time by:

• Clicking the unsubscribe link in any marketing email
• Contacting us at contact@gigafitness.com
• Updating your communication preferences in your account settings

20.3 Transactional Communications

You cannot opt out of transactional communications related to your account or purchases, including order confirmations, shipping notifications, and important updates to these Terms.

20.4 Notice to GIGA

Any notices to GIGA should be sent to:

• Email: contact@gigafitness.com
• Physical Mail: GIGA Chad Ltd., 611 South DuPont Highway, Suite 102, Dover, Delaware, 19901, United States

20.5 Notice to You

We may provide notice to you via:

• Email to the address associated with your account
• Posted notices on the Site
• Physical mail to the address you provide

21. TERM AND TERMINATION

21.1 Term

These Terms remain in effect as long as you use the Site or our Products.

21.2 Termination by You

You may terminate your relationship with us at any time by:

• Closing your account (if applicable)
• Ceasing to use the Site
• Requesting account deletion by contacting contact@gigafitness.com

21.3 Termination by GIGA

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Suspected fraudulent, abusive, or illegal activity
• Extended period of inactivity
• Request by law enforcement or government agencies
• Unexpected technical issues or problems

21.4 Effect of Termination

Upon termination:

• Your right to use the Site ceases immediately
• We may delete your account and associated data
• We have no obligation to maintain or forward any data
• All provisions of these Terms that should survive termination will survive

21.5 Survival

The following sections survive termination: Intellectual Property Rights, User Content License, Indemnification, Limitation of Liability, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive.

22. GENERAL PROVISIONS

22.1 Entire Agreement

These Terms, together with our Privacy Policy, Return and Refund Policy, and any other policies referenced herein, constitute the entire agreement between you and GIGA regarding the Site and Products and supersede all prior agreements and understandings.

22.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

22.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of GIGA.

22.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.

22.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

22.6 Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and GIGA.

22.7 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and GIGA.

22.8 Interpretation

The headings in these Terms are for convenience only and have no legal effect. The words "include," "including," and "such as" are illustrative and not limitative. Any ambiguity in these Terms shall not be construed against the drafting party.

22.9 Time Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22.10 Language

These Terms are written in English. Any translations are provided for convenience only, and the English version shall prevail in case of any conflict.

23. SPECIAL PROVISIONS FOR SPECIFIC JURISDICTIONS

23.1 European Union Residents

If you are a resident of the European Union, you have certain rights under EU consumer protection laws that cannot be waived. Nothing in these Terms affects your statutory rights as a consumer.

23.2 Australian Consumers

If you are an Australian consumer, nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies you may have under the Australian Consumer Law.

23.3 Canadian Residents

If you are a resident of Canada, these Terms are governed by the laws of the province in which you reside, and you may have additional rights under provincial consumer protection legislation.

23.4 California Residents

California residents may have additional rights as set forth in our Privacy Policy under the California Consumer Privacy Act (CCPA) and other California laws.

24. MODIFICATIONS TO TERMS

24.1 Right to Modify

We reserve the right to modify these Terms at any time in our sole discretion. We will make reasonable efforts to provide notice of material changes.

24.2 Notice of Changes

We will notify you of material changes by:

• Updating the "Last Updated" date at the top of these Terms
• Sending an email to registered users (for material changes)
• Posting a prominent notice on the Site

24.3 Acceptance of Modified Terms

Your continued use of the Site after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Site.

24.4 Review Responsibility

It is your responsibility to review these Terms periodically for changes.

25. CONTACT INFORMATION

25.1 Customer Service

For customer service inquiries:

• Email: contact@gigafitness.com
• Response Time: We strive to respond within 24-48 business hours

25.2 Legal Notices

For legal notices and formal communications:

• Email: contact@gigafitness.com
• Physical Mail: GIGA Chad Ltd., Attn: Legal Department, 611 South DuPont Highway, Suite 102, Dover, Delaware, 19901, United States

25.3 Copyright and IP Inquiries

For intellectual property matters:

• Email: contact@gigafitness.com

25.4 Website

https://www.gigafitness.com/

26. ACKNOWLEDGMENT AND ACCEPTANCE

BY USING THE SITE, CREATING AN ACCOUNT, OR MAKING A PURCHASE, YOU ACKNOWLEDGE THAT:

• YOU HAVE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY
• YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS
• YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS
• IF ACCEPTING ON BEHALF OF AN ENTITY, YOU HAVE AUTHORITY TO BIND THAT ENTITY
• YOU UNDERSTAND THAT THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT

 

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IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 18, WHICH AFFECTS YOUR LEGAL RIGHTS AND REMEDIES. PLEASE READ CAREFULLY.