Effective Date - 06/17/2025
The terms and conditions ("Terms") govern your use of The Network Giant App ("App"), provided by The Network Giant, LLC. ("Provider", "we", "us", or "our"). By assessing or using the App, you ("Subscriber", "Company" or "You") agree to be bound by these Terms and our Privacy Policy. If you do not agree do not subscribe or use the App.
1. Definitions
App: The Network Giant mobile application and associated web services.
Subscriber: The company or organization registered to use the App.
Subscription: The plan selected by the Subscriber.
User: Any individual authorized by the Subscriber to use the App or an affiliate of the Subscriber.
2. License to Use
Provider grants Subscriber a limited, non-exclusive, non-transferable, revocable license to access and use the App for business purposes, subject to these Terms.
3. Subscription Services
Scope: This app allows a business to build a sales network of referral partners. The purpose of the app is for the business to get the app downloaded on unlimited phones and/or tablets of their referral partners. These referral partners can send unlimited leads to the business, and the business only pays a monthly fee.
Subscription Plans: Subscriber may select one general subscription plan or a "white labeled" created app plan under the business' legal name, each with defined features and limitation.
Changes: Provider reserves the right to modify or discontinue features at any time.
4. Payment Terms
Fees: Subscriber agrees to pay all fees for the selected Subscription plan.
Billing: Fees are billed in advance monthly according to the chosen billing cycle. The set-up fee is to be paid in advance of service and includes the first month of subscription service.
Recurring Payments: Subscriptions auto-renew unless canceled prior to the renewal date.
Taxes: Subscriber is responsible for all applicable taxes.
Non-Payment: Provider may suspend or terminate access for non-payment.
5. Acceptable Use
Compliance: Subscriber and its Users must comply with all applicable laws and these Terms.
Prohibited Conduct: Subscriber shall not use the App for unlawful, fraudulent, or harmful activities.
User Responsibility: Subscriber is responsible for its Users’ compliance with these Terms.
6. User-Generated Content
Ownership: Subscriber retains ownership of its content and can request the content with written notification prior to canceling the subscription. If the Subscriber fails to pay, the content will remain with the App until all monies are paid in full.
License: Subscriber grants Provider a license to use, display, and process content as necessary to provide the App’s services.
Restrictions: Subscriber shall not upload content that is illegal, infringing, or harmful. App takes all necessary steps to protect the privacy of the content and to make sure that all leads are exclusive from the Referral Agent. However, because the Referral Agent may only select one company per trade, the app cannot prevent or control the use of aliases by Referral Agents who may attempt to provide leads to additional companies.
7. Intellectual Property
Provider Ownership: All App content, trademarks, and technology are owned by Provider or its licensors.
No Transfer: Subscriber acquires no rights in Provider’s intellectual property.
8. Termination and Account Suspension
Termination by Subscriber: Subscriber may cancel its Subscription as specified in the billing section.
Termination by Provider: Provider may suspend or terminate access for violation of these Terms or non-payment.
Effect of Termination: Upon termination, Subscriber’s access to the App will cease.
9. Limitation of Liability
Provider is not liable for any indirect, incidental, or consequential damages arising from use of the App. Liability is limited to the fees paid by the Subscriber in the preceding 12 months.
10. Disclaimers and Warranties
The App is provided “as is” and “as available.” Provider disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.
11. Governing Law
These Terms are governed by the laws of New Jersey, United States of America, without regard to its conflict of law provisions.
12. Changes to Terms
Provider may update these Terms at any time. Continued use of the App constitutes acceptance of the revised Terms.
13. Service Levels and Performance Metrics
Once the Set-Up fee is paid, the Standard App should be available for use within 2-3 hours, and for the "White Label App" the Standard App will be available for use within 2-3 hours and the full version of the White Label App will be released with 2 two weeks of initial deposit. Once the White Label app is ready for release, the final payment will be due prior to release.
The provider will be launching new versions of the app periodically and will release these updates after they are tested and verified.
14. Exclusions
Prohibited Content: Subscribers may not upload or share any content that is illegal, infringing, or harmful.
Unauthorized Use: Subscribers are prohibited from creating multiple accounts for the same individual or entity without express permission.
Customization Features are excluded from the general subscription and can be provided for an additional fee. If requested, an estimate will be provided and must be paid in full upfront prior to the work being performed.
Lead Exclusivity: The app cannot guarantee that leads are exclusive to a single Referral Agent if the agent uses aliases or other means to circumvent system restrictions.
System Limitations: The app is not responsible for leads generated outside the platform or for actions taken by Referral Agents that violate these terms.
Compliance: Subscribers are responsible for ensuring their use of the app complies with all applicable laws and regulations.
Account Security: Subscribers must maintain the confidentiality of their account credentials and are responsible for all activities under their account.
Third-Party Actions: The app is not liable for the acts, omissions, or misconduct of third parties, including Referral Agents or other users.
Force Majeure: The app is not liable for disruptions or failures caused by events outside its reasonable control, such as natural disasters, government actions, or technical failures.
15. Service Availability and Maintenance
Periodically maintenance will be performed on the software and there may be a short outage. These outages and/or disruptions will be notified through the application login process.
16. Contact Information
For questions or concerns, contact Provider at
info@thenetworkgiant.com
1165 Marlkress Rd, Unit I Cherry Hill, NJ 08003