App: Gaitway Developer: Nigelware Effective Date: January 14, 2025 Last Updated: January 14, 2025
Acceptance of Terms
By downloading, installing, or using the Gaitway mobile application (the "App"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. These Terms apply to retail stores, their employees, and any other authorized users of the App.
About Gaitway
Gaitway is a professional shoe fitting and customer management application developed by Nigelware. The App is designed for use by retail shoe stores to assist customers with shoe selection, track fitting sessions, maintain customer profiles, and manage inventory.
License to Use
Subject to these Terms and payment of applicable fees, Nigelware grants you a limited, non-exclusive, non-transferable license to download, install, and use the App on authorized devices solely for your retail store's internal business operations.
Permitted Uses
Authorized users may:
Conduct shoe fitting sessions with customers
Record customer information and preferences with customer consent
Track inventory and shoe recommendations
Generate reports and analytics for business purposes
Manage employee access and permissions
Maintain customer profiles for returning customers
Prohibited Uses
Important: The following activities are strictly prohibited and may result in immediate termination of your license.
You may not:
Use the App for any unlawful purpose or in violation of applicable laws
Share your account credentials or allow unauthorized access
Modify, reverse engineer, decompile, or disassemble the App
Distribute, rent, lease, sublicense, or resell the App
Remove or alter any copyright, trademark, or proprietary notices
Access or attempt to access another store's customer data
Use the App in a manner that could damage, disable, or impair our systems
Collect or store customer information without proper consent
Export or share customer data in violation of privacy laws
User Accounts and Security
Retail stores and employees are responsible for:
Maintaining the confidentiality of login credentials and PIN codes
All activities that occur under their accounts
Notifying Nigelware immediately of any unauthorized access
Ensuring employees use the App in accordance with these Terms
Complying with applicable data protection and privacy laws
Customer Data Responsibilities
Data Controller: Retail stores act as data controllers for customer information collected through the App. Stores are responsible for obtaining proper customer consent, complying with privacy laws (including GDPR, CCPA, etc.), and handling customer data requests appropriately.
When using Gaitway, retail stores agree to:
Obtain customer consent before collecting personal information
Use customer data only for legitimate business purposes
Comply with all applicable privacy and data protection laws
Protect customer information from unauthorized access
Honor customer requests to access, correct, or delete their data
Train employees on proper data handling procedures
App Availability and Updates
The App is provided "as is" and "as available"
We may update, modify, or discontinue features at any time with reasonable notice
Updates may be required for continued use of the App
We strive for high availability but do not guarantee uninterrupted service
Scheduled maintenance will be communicated in advance when possible
Service Disclaimer
Professional Tool: Gaitway is designed as a professional tool to assist with shoe fitting and customer service. The App provides recommendations based on customer input and inventory data, but final fitting decisions and product recommendations remain the responsibility of trained retail employees. The App should not replace professional judgment or expertise in shoe fitting.
Fees and Payment
Use of Gaitway may be subject to subscription fees or other charges as communicated separately. Retail stores agree to:
Pay all applicable fees on time
Provide accurate billing information
Notify us of any billing disputes within 30 days
Failure to pay fees may result in suspension or termination of access to the App.
Intellectual Property
The App and all its content, features, and functionality (including but not limited to software, design, text, graphics, and logos) are owned by Nigelware and are protected by international copyright, trademark, patent, and other intellectual property laws.
Customer data entered into the App remains the property of the retail store, but Nigelware retains the right to use anonymized, aggregated data for analytics and app improvement purposes.
Limitation of Liability
To the fullest extent permitted by law:
Nigelware shall not be liable for any indirect, incidental, special, consequential, or punitive damages
Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
We are not responsible for lost profits, data loss, or business interruption
We do not warrant that the App will be error-free, secure, or uninterrupted
Retail stores are solely responsible for their use of customer data and compliance with privacy laws
Indemnification
You agree to indemnify and hold harmless Nigelware from any claims, damages, losses, or expenses (including legal fees) arising from:
Your use of the App in violation of these Terms
Your violation of any laws or third-party rights
Improper handling of customer data
Unauthorized access due to failure to secure your account
Apple-Specific Terms
For users who download the App through the Apple App Store:
These Terms are between you and Nigelware only, not Apple
Apple is not responsible for the App, its content, or any claims related to it
Apple has no obligation to provide support or maintenance for the App
Apple is a third-party beneficiary of these Terms and may enforce them
You must comply with any applicable third-party terms when using the App
Data Backup and Loss
While we implement robust backup procedures, retail stores are encouraged to:
Maintain their own records of critical customer information
Export important data regularly using app features
Understand that Nigelware is not liable for data loss due to technical failures, user error, or force majeure
Termination
Either party may terminate the license:
By You: By ceasing use of the App and deleting it from all devices
By Nigelware: Immediately if you violate these Terms, fail to pay fees, or for any other reason with 30 days' notice
Upon termination, you must stop using the App and may request export of your customer data within 30 days.
Updates and Modifications
We reserve the right to modify these Terms at any time. Material changes will be communicated through:
In-app notifications
Email to registered store administrators
Updates posted within the App
Continued use of the App after changes are posted constitutes acceptance of the modified Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in California.
Dispute Resolution
In the event of any dispute arising from these Terms or use of the App:
Parties agree to first attempt resolution through good-faith negotiation
If negotiation fails, disputes may be submitted to binding arbitration
Each party bears its own costs unless otherwise awarded
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Entire Agreement
These Terms, together with our Privacy Policy and any separate written agreements, constitute the entire agreement between you and Nigelware regarding the use of the App and supersede all prior agreements and understandings.
Contact Information
If you have any questions about these Terms of Service, please contact us: