Terms and Conditions

Welcome to BiGB033

The following describes the terms on which the Company offers you (“You”) access to the Software. By accessing, browsing and/or using the Software and/or any of its content and/or any service related to any activity offered within the Software (“Services”), you acknowledge that you have read, understood and that You assent to abide by and comply with both these terms and conditions (“Terms of Use”) and the terms and conditions of the Software’s Privacy Notice (as defined below) (“Privacy Statement”) which is incorporated herein by reference and constitutes an integral part of these Terms of Use. If You do not agree to any of these terms, please do not use the Software.

The Company reserves the right to amend, add and/or alter these Terms of Use by updating this web-page from time to time. Every change made in the Terms of Use will take effect immediately upon its publication in the Software. Please check these Terms of Use periodically for changes. Your continued use of the Software following the posting of any changes to the Terms of Use constitutes your acceptance of such changes.

The Company hereby grants You with a limited license to visit, browse, access and use the Software in accordance with these Terms of Use, subject to the following:
i) you may not copy or distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any part of the Software or the Information (as defined below) in any medium; (ii) You may not alter or modify any part of the Software; (iii) You may not obtain or attempt to obtain any materials or Information through any means not intentionally made available to you through the Software; and (iv) You shall ensure that your use, or the use of any third party through you, of the Software and the Services in the Software, does not interfere with, degrade, or adversely affect any Company’s software, system, network or data, or that of any other users of the Software; (v) You and anyone obtaining access to the Software or the Services through you, will not use the Software or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts.
In order to access some features in the Software, you will have to create an account (“Account”). You may never use accounts other than your own Account without permission. When creating your Account, you must provide accurate and complete information, such information must be updated at all times. You are solely responsible for the activity that occurs on your Account, and you must keep your Account passwords secure. You must notify the Customer Service immediately of any breach of security or unauthorized use of your Account. Although the Company will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of the Company or others due to such unauthorized use.
Billing is via credits, which the Customer can obtain from "Paddle" (paddle.com). Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
The Company is committed to protecting your privacy. Please note that when entering and using the Software and when creating an Account, you may be asked to provide personal details about yourself. Your personal information will be handled in accordance with the Company’s Privacy Statement. The Privacy Statement explains how the Company treats your personal data and protects your privacy when you use the Services.
By using the Services, You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers” etc., that accesses the Software in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants operators of public search engines permission to use “spiders” to copy materials from the Software for the sole purpose of creating publicly available searchable indices of the materials. The aforementioned permission does not include the right to cache or archive any such materials. The Company reserves the right to revoke such permission either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Software (or other communication systems provided by the Software) for any purposes whatsoever
The Software, including all the Information and content that appears therein is offered to You for your own use, or for the use of the organization You are operating on behalf of only. The right to use the Software and the Information is granted to You for non-commercial use only and You may only make non-commercial use of your Account username and password.

The Company retains full ownership, title and interest in and to the Software, the Information and any intellectual property or other proprietary rights, including, without limitation, trademarks, service marks, logos and any other intellectual property contained therein, or related by any manner thereto (“IP”), including any and all copies and/or derivative works thereof. All rights not expressly granted herein in and to the Software, Information and/or the IP, are expressly retained and reserved by the Company. By using the Software, the Services and/or the Information, neither You, nor anyone acting on your behalf, acquires, or will acquire any rights and/or title to any IP.

The Software and all information contained therein, including, but not limited to, messages, data, text, the content of the text, music, sound, graphics, Website design, drawings, diagrams, illustrations, photographs, pictures, graphics, video, maps, icons, software, scripts code or any other material as well as the infrastructure used to provide such content and information (“Information”), including any IP contained therein or related by any manner to such Information, are subject to copyrights, international treaties and other intellectual property rights, all of which are owned and/or possessed by and/or licensed to the Company. You must not use, copy, reproduce, distribute, transmit, display, change, copy, publish, distribute, broadcast, present, photocopy, issue a license, produce derivative works, sell or otherwise exploit any part of the IP for any other purpose whatsoever. You acknowledge the existing rights of the Company in the IP and undertake not to make any commercial use of the IP or change or alter the IP or any part thereof.

The Software may include links to internet websites that are not operated by the Company. These links are intended for your convenience only and the Company has no control over these internet websites and it is not and will not be responsible for the content contained on these websites. The inclusion of links to other websites does not attest to the Company’s support of the content of such websites nor any other connection to these websites or their operators. The Company is not responsible for the proper functioning of the links. The Company is entitled, at its own discretion, to remove any link from the Software and/or add additional links. Furthermore, the Company does not endorse, and has no control over, products or services advertised by such websites. You shall be solely responsible for any transactions You may enter into with such websites and/or their operators.

By using the Software, You undertake to make use of the Software, the Services and/or any part of the Information in good faith and in accordance with the provisions of these Terms of Use. Without derogating from the generality of the aforesaid, the use by You of the Website, Services and/or any part of the Information will be made according to any applicable law and the Company’s and/or its representatives’ instructions, and You will refrain from using the Software, Services and/or the Information to (i) harm the Company and/or any third party; and/or (ii) infringe any right of the Company and/or any other party in any manner; and/or (iii) commit unlawful acts or acts that might lead to illegal liability; and/or (iv) make use of the Software, the Services and/or the Information in a manner that does not comply with any applicable law and/or is not expressly permitted, or that constitutes forgery, change, or erasure of Information.

You agree that, without prejudice to any other right of the Company, in cases in which the Company, in its sole discretion, deems that your use of the Software, Services and/or the Information does not conform with the provisions of these Terms of Use and/or the terms of the Privacy Statement and/or any applicable law, the Company shall have the right to track your use of the Software, to prevent you from accessing the Software, Services and/or the Information, and/or transfer your history of use of the Software to third parties, as well as any other activity that the Company deems appropriate to take, in order to protect its property and/or rights, all to the fullest extent permitted by law.

The Company’s software is designed to satisfy your mobile device needs 100%. If we do not achieve that with your fully functioning device, we invite you to contact our live customer service agent to assist you. If customer service is unable to resolve your issue within 10 business days we will gladly provide you with a full refund or an exchange, no questions asked if within 14 days from purchase. 100% satisfaction is our mission, and nothing will get in our way to achieving it.

Any complaints or concerns about our service should be shared with our customer service team. Our team of experts will resolve the customers concerns within 10 business days with a replacement, a refund, or another resolution to the customers satisfaction.

THE COMPANY MAKES NO REPRESENTATION AND DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS, LACK OF UPDATES, IMPRECISION OF THE INFORMATION PRESENTED OR OTHER INACCURACIES RELATING TO THE SOFTWARE, THE SERVICES AND/OR THE INFORMATION. THE COMPANY DISCLAIMS ANY WARRANTIES THAT THE SOFTWARE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Company hereby claims that the Information contained in the Software is for general and informative purposes only and is not (and is not intended to be) a recommendation and/or opinion and/or an offer to purchase any product or any other service of the Company, and therefore You confirm that You are aware of and agree that any reliance on figures, declarations, opinions, advice, or any other information presented in the Software is done according to your discretion and under your sole responsibility. The Company does not undertake that the Software, the Services and/or the Information will be available at all times nor that the Software’s operation and/or completeness will not be hindered and/or carried out uninterruptedly and/or without malfunctions, defects, errors, or faults. The Company shall not be responsible for the above mentioned interference and it shall not be responsible for discrepancies regarding or relating to the quality, nature, and extent of the Information (including the method of its delivery).

TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, UNDER NO CIRCUMSTANCES WILL THE COMPANY, INCLUDING ITS AFFILIATES AND ANY OF THEIR REPRESENTATIVES, EMPLOYEES, DIRECTORS, MANAGERS, SHAREHOLDERS, AND/OR AGENTS BE LIABLE FOR (I) ANY DAMAGE (DIRECT OR INDIRECT) CAUSED TO YOU AND/OR TO ANY OTHER THIRD PARTY IN RELATION TO THE USE MADE BY YOU (WHETHER DIRECTLY OR INDIRECTLY) OF THE SOFTWARE, THE SERVICES AND/OR THE INFORMATION OR YOUR RELIANCE UPON SUCH INFORMATION. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THE SOFTWARE IS SOLELY AT YOUR OWN RISK; (II) ANY MALFUNCTION, ERROR, OR OMISSION OF THE SOFTWARE, THE SERVICES AND/OR THE INFORMATION. (III) ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGE OR OTHER INDIRECT DAMAGES UNDER ANY LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (IV) ANY DAMAGES DUE TO USE OF ANY THIRD PARTY WEBSITE, SERVICES, INFORMATION AND/OR SOFTWARE. IN ANY EVENT AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S LIABILITY TO USERS OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (I) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE USE OF THE SOFTWARE AND/OR SERVICES DURING THE TWELVE (12) MONTH PERIOD THAT IMMEDIATELY PRECEDED THE EVENT THAT GAVE RISE TO THE APPLICABLE CLAIM, OR (B) ONE-HUNDRED DOLLARS (US $100.00). THE LIMITATION OF LIABILITY IS HEREBY AGREED UPON AND REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend and indemnify the Company and its affiliates and any of their officers, directors, employees and agents from and against any and all claims, causes of action, demands, recoveries, losses, direct or indirect damages, fines, penalties or other costs or expenses of any kind or nature which the Company incurs, including but not limited to legal and accounting fees, brought by third parties or an employee, consultant or related to You, as a result of: (i) Your breach of these Terms of Use; (ii) Your violation of any law or the rights of any third party; or, (iii) Your use of the Software, Services and/or the Information. This defense and indemnification obligation will survive these Terms of Use and your use of the Software.

The Company reserves the right to remove, amend, add, or alter any part of the Information contained in the Software by updating the Software from time to time. You shall have no claim towards the Company due to any changes made to the Software and/or in the Information. The Company reserves the right to refuse to grant You access to the Software, the Services and/or to the Information or to any part thereof, at the Company’s sole discretion and without prior notice.

The Company is entitled, at all times, to terminate the operation of the Software and/or the Services, either for a defined period of time or permanently, without providing any prior notice to You or to anyone else.

The Company is entitled to assign its rights in accordance with these Terms of Use to any third party as it sees fit and without obligation on its behalf to publish such act of assignment in the Software. You may not assign your rights and obligations hereunder. You agree that any communication through, to or from the Software does not and will not form any attachment and/or other engagement of any kind whatsoever between You and the Company and does not and will not form any relationship between You and the Company that exceed the ones specifically specified in these Terms of Use.

Governing law and jurisdiction. You hereby consent to the exclusive jurisdiction and venue of courts in the United States and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Software, Services and/or the Information. You agree that all legal cause You may have against the Company arising from or relating to the Software, the Services and/or the Information, including the validity and interpretation of these Terms of Use, are subject to the laws of The United States only. Use of this Software is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this Paragraph.

Enforce ability. In the event that any part of these Terms of Use is declared by a competent court and/or authority to be not enforceable or invalid, then any clauses whose effectiveness was invalidated, or which were declared to be unenforceable, shall be deemed to be replaced by enforceable and valid clauses whose content matches, with the utmost level of suitability, the intention of the original clauses and the remaining clauses of these Terms of Use shall remain in effect.