Terms of Service

These Terms of Service ("Terms") form a binding agreement between GigFire LLC, a Nevada limited liability company ("GigFire", "we", "us", or "our") and you ("Subscriber" or "you"). They govern your use of GigFire's broadband internet, telephone, television, text-messaging, and related services (collectively, the "Services") and your use of gigfire.com. By signing up for, activating, or using any of the Services you agree to these Terms, our Privacy Policy, our SMS Terms, our Acceptable Use Policy, and our Refund Policy.

1. The Services

GigFire will provide the Services described in your order or service-activation confirmation, subject to availability in your area. Actual service performance — including speeds, latency, and packet loss for internet service, and call-completion quality for telephone service — depends on factors including network conditions, equipment, weather (for fixed-wireless service), and the design of the destination network. We make reasonable efforts to meet our advertised performance but do not guarantee uninterrupted or error-free Services except as expressly required by law.

2. Eligibility and Account

You must be 18 years of age or the age of majority in your jurisdiction and a U.S. resident to subscribe to the Services. You must provide accurate, current, and complete information when you sign up and keep it up to date. You are responsible for safeguarding your account credentials and for all activity that occurs on your account.

3. Acceptable Use

You may use the Services only for lawful purposes and in compliance with our Acceptable Use Policy. Prohibited activities include, without limitation:

• violating any applicable law, regulation, or third-party right;
• transmitting, storing, or distributing infringing, defamatory, obscene, harassing, or otherwise unlawful content;
• sending unsolicited bulk or commercial messages ("spam") by any means;
• distributing malware, viruses, or other harmful software;
• engaging in unauthorized access, port scanning, network probing, denial-of-service activity, or other interference with our network or any third-party network;
• reselling or sublicensing the Services without our prior written consent.

4. Text Messaging

If you provide your mobile telephone number to GigFire and opt in to receive text messages, our communications with you by SMS and MMS are governed by our SMS Terms. Highlights:

• Message frequency varies based on your activity and the messaging programs you have joined.
• Message and data rates may apply from your wireless carrier.
• Reply STOP to any GigFire text message to opt out, or HELP for assistance.
• No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

5. Equipment

GigFire may furnish equipment (for example, a customer-premises radio, modem, router, or ONT) to deliver the Services. Equipment provided by GigFire remains our property unless your order expressly says you have purchased it. You agree to return GigFire-owned equipment in good condition upon cancellation of the Services. You are responsible for damage to GigFire equipment beyond normal wear and tear and for any equipment you supply yourself.

6. Fees, Billing, and Payment

You agree to pay all fees and charges associated with your selected plan, including any installation fees, equipment fees, regulatory recovery fees, surcharges, and applicable taxes. Recurring service fees are billed monthly in advance unless your order specifies otherwise. Failure to pay amounts when due may result in late fees, suspension, or termination of the Services. We may change our fees and charges on reasonable notice.

Refunds, when applicable, are handled in accordance with our Refund Policy.

7. Network Management

GigFire actively manages our network to provide a high-quality experience for all subscribers. Network-management practices may include traffic prioritization during congestion, protection against malicious traffic, and reasonable measures to ensure fair allocation of network resources. We do not block lawful content, applications, or services, and we do not throttle lawful traffic on the basis of content. Additional information about our network-management practices is available on request.

8. 911 / E911 (Telephone Service)

GigFire interconnected voice (VoIP) telephone service operates over your broadband connection. If your broadband connection, power, or premises equipment fails, the telephone service — including 911 — will not work. You should keep an alternative means of contacting 911 available (such as a wireless phone). 911 emergency calls are routed based on the registered service address on file for your account; please keep your registered address current.

9. Term, Suspension, and Termination

These Terms take effect when you activate the Services and continue until terminated by either party. Either party may terminate without cause upon reasonable notice. We may suspend or terminate the Services immediately and without notice if you breach these Terms, our Acceptable Use Policy, or engage in fraudulent, illegal, or abusive activity. On termination, all amounts you owe become immediately due.

10. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIGFIRE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY TO YOU UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID GIGFIRE FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Nothing in this section limits liability that cannot be limited under applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless GigFire and its officers, directors, employees, and agents from any third-party claim arising out of your use of the Services in violation of these Terms or applicable law, or from your breach of any representation, warranty, or covenant in these Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Freeborn County, Minnesota — where GigFire's principal place of business is located — for any dispute that is not subject to binding arbitration or small-claims court. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

14. Changes to These Terms

We may update these Terms from time to time. The most current version will always be posted at gigfire.com/terms-of-service with a revised effective date. Material changes that adversely affect you will be communicated by email, text message (if you have opted in), or another reasonable means before they take effect.

15. Miscellaneous

These Terms, together with the policies linked above and your order, constitute the entire agreement between you and GigFire regarding the Services and supersede any prior agreement on the subject. If any provision is held unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact Us

Questions about these Terms can be directed to:

GigFire LLC
78053 MN-251
Clarks Grove, MN 56016
Phone: 507-369-6669
Email: helpdesk@gigfire.com