Terms & Conditions
Last Updated: April 6, 2021
Welcome, and thank you for your interest in BigSpring and our website at www.bigspring.ai, along with our related websites, networks, applications, and other services provided by us (collectively, the “Service”). When we use the terms “BigSpring,” “we,” “our,” or “us,” we mean the relevant BigSpring entity for your region and its affiliates.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS”) AND BY BIGSPRING’S PRIVACY POLICY AVAILABLE AT HTTPS://WWW.BIGSPRING.AI/PRIVACY-POLICY (THE "PRIVACY POLICY"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 14, you agree that all disputes arising under or in connection with these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BIGSPRING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (see Section 14).
BigSpring Service Overview. The Service is designed to facilitate professional development and coaching on a software-as-a-service basis.
1. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you represent an entity, organization, or company, and you are accepting these Terms on behalf of such entity, organization, or company, then you represent and warrant that you have all necessary authority to bind such entity, organization, or company to these Terms.
2. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, and other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@bigspring.ai.
3. General Payment Terms. In order to use certain features of the Service, you may be required to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable.
1. Price. BigSpring reserves the right to determine pricing for the Service. BigSpring will use commercially reasonable efforts to keep any pricing information published on BigSpring’s website up to date. We encourage you to check our website periodically for current pricing information. BigSpring may change the fees for the Service, including additional fees or charges, if BigSpring gives you advance notice of changes before they apply. BigSpring, in its sole discretion, may make promotional offers with different pricing to any of BigSpring’s customers. These promotional offers, unless made to you, will not apply to you or these Terms.
2. Authorization. You authorize BigSpring to charge all sums for the Services you select, as described in these Terms or published by BigSpring, to the payment method specified in your account. If you pay any fees with a credit card, BigSpring may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
3. Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize BigSpring to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us at: support@bigspring.ai.
4. Delinquent Accounts. BigSpring may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account may be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
4. Licenses
1. Limited License. Subject to your ongoing compliance with these Terms, BigSpring grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Service; and (b) install and use one object code copy of any mobile application associated with the Service on a mobile device that you own or control.
2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications, alter, tamper with, repair, or otherwise create derivative works to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. All licenses granted to you in these Terms are conditional on your continued compliance with these Terms, and will immediately and automatically terminate if you do not comply with any term or condition of these Terms.
3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant BigSpring an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
5. Ownership; Proprietary Rights.
The Service is owned and operated by BigSpring. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by BigSpring are protected by intellectual property and other laws. All Materials included in the Service are the property of BigSpring or its third party licensors. Except as expressly authorized by BigSpring in these Terms, you may not make use of the Materials. BigSpring reserves all rights to the Materials not granted expressly in these Terms.
6. Third Party Terms
1. Third Party Services and Linked Websites. BigSpring may provide tools through the Service that enable you to export information, including User Content, to third party services. By using any of these tools, you agree that BigSpring may transfer that information to the applicable third party service. Third party services are not under BigSpring’s control, and BigSpring is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under BigSpring’s control, and BigSpring is not responsible for their content.
2. Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
3. Specifically, certain features in the BigSpring platform may generate content which are hosted in YouTube. Such content will be governed by Terms of Service mentioned by YouTube available here – https://www.youtube.com/static?template=terms
7. User Content
1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, photos, videos, recordings, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
2. Limited License Grant to BigSpring. By providing User Content to or via the Service, you grant BigSpring a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, reformat, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
3. Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
4. No reversion of rights. If you access the Service from India, you agree that, notwithstanding the provisions of Section 19(4) of the (Indian) Copyright Act, 1957 read with Section 30A, or equivalent reversory law in any jurisdiction, any right or license provided by you as contemplated in Section 4.3, Section 7.2 or Section 7.3 of these Terms shall not lapse nor shall the rights or license (as the case may be) revert to you, even if BigSpring does not exercise the rights or license within a period of one year from the date of such right or license or at any time. You hereby waive any right to raise, and agree not to raise, any objection or claim before the Indian Copyright Board or any other applicable authority with respect to this license pursuant to Section 30 of the (Indian) Copyright Act, 1957 or any equivalent law in another jurisdiction.
5. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize BigSpring and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by BigSpring, the Service, and these Terms;
2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not include content that: (i) infringes, violates, or misappropriates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is slanderous, defamatory, libelous, or invades the right of privacy, publicity or other property rights of any other person;(iii) causes BigSpring to violate any law or regulation; (iv) you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties; (v) is in the nature of advertisments, promotional materials, or any form of commercial solicitation; and
3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
6. User Content Disclaimer. BigSpring disclaims any and all liability in connection with User Content. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. BigSpring may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or applicable law or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against BigSpring with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, copyright-infringing activities are not permitted on the Service.
7. Monitoring Content. BigSpring does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that BigSpring reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time BigSpring chooses to monitor the content, BigSpring still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
8. Individual Account. If you are accessing the Service pursuant to authorization by a BigSpring enterprise customer that has purchased a subscription to the Service, then, notwithstanding the expiration of such enterprise customer’s subscription to the Service, you may retain your account as an individual account on BigSpring’s public facing website subject to these Terms, even if (i) you are no longer associated with the entity who originally provided you with access to the Service (for example, as an employee or contractor of such entity) or (ii) such entity chooses to remove you from its account. In addition, nothing prevents your account from being associated with more than one BigSpring enterprise customer.
8. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
3. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
4. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
6. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use the Service or any Materials; or
attempt to do any of the acts described in this Section 8 or assist or permit any person in engaging in any of the acts described in this Section 8. You understand and acknowledge that BigSpring has the right to suspend or terminate your access to the Service, at any time, if you engage in any of the prohibited conduct as given in this Section 8.
9. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to confirm your acceptance the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Other modifications are effective upon publication. Except as expressly permitted in this Section 9, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
10. Term, Termination and Modification of the Service
1. Term. These Terms are effective beginning when you accept the Terms or first download, access, or use the Service, and ending when terminated as described in Section 10.2.
2. Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, BigSpring may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@bigspring.ai.
3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay BigSpring any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 4.3, 5, 7, 10.3, 11, 12, 13, 14 and 15 will survive.
4. Modification of the Service. BigSpring reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. BigSpring will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
11. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify BigSpring and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “BigSpring Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
12. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BIGSPRING DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BIGSPRING DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BIGSPRING DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BIGSPRING OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING BIGSPRING OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE OR YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE).
NOTWITHSTANDING THE FOREGOING, BIGSPRING DOES NOT DISCLAIM ANY WARRANTY OR LIABILITY THAT BIGSPRING IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BIGSPRING ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BIGSPRING ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 14.5 (iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF BIGSPRING TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BIGSPRING FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) USD 100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Dispute Resolution and Arbitration
1. Generally. In the interest of resolving disputes between you and BigSpring in the most expedient and cost-effective manner, and except as described in Section 14.2, you and BigSpring agree that every dispute arising in connection with these Terms or the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BIGSPRING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THE LAW IN SOME COUNTRIES MAY NOT PERMIT OR REQUIRE YOU TO CONSENT TO ARBITRATION OR TO AGREE TO THE JURISDICTION OF SPECIFIC COURTS, IN WHICH CASE SOME OR ALL OF THE PROVISIONS OF THIS SECTION 14 MAY NOT APPLY TO YOU.
2. Exceptions. Despite the provisions of Section 14.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, central, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
3. Arbitrator. Any arbitration between you and BigSpring will be settled under:
* under the Arbitration Rules of the Singapore International Arbitration Centre if you reside in Singapore,
* the Federal Arbitration Act if you reside anywhere else in the world
and in each case administered under the Rules of Arbitration of the International Chamber of Commerce Court of Arbitration (collectively, “ICC Rules”) as modified by these Terms. The ICC Rules and filing forms are available online at iccwbo.org, or by contacting BigSpring. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or overnight delivery service (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). BigSpring's address for Notice is: if you are accessing the Service from Asia : BigSpring Private Limited 133 New Bridge Road, #24-01/02, 059413 Chinatown Point, Singapore; if you are accessing the Service from anywhere else in the world, BigSpring, Inc, 1209 Orange Street, Wilmington, County of New Castle, Delaware 19801.
5. Demand. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or BigSpring may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BigSpring must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, BigSpring will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by BigSpring in settlement of the dispute prior to the arbitrator’s award; or (iii) $10,000.
6. Fees; Location. If you commence arbitration in accordance with these Terms, BigSpring will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the ICC Rules. Any arbitration hearing will take place at a location to be agreed upon in California or Singapore unless you are accessing the Services from India, in which case such location to be agreed upon shall be in Mumbai, India, but if the claim is for USD 10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the ICC Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the ICC Rules. In that case, you agree to reimburse BigSpring for all monies previously disbursed by it that are otherwise your obligation to pay under the ICC Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
7. No Class Actions. YOU AND BIGSPRING 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and BigSpring agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
8. Modifications to this Arbitration Provision. If BigSpring makes any future change to this arbitration provision, other than a change to BigSpring's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to BigSpring's address for Notice of Arbitration, in which case your account with BigSpring will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
9. Enforceability. If any part or parts of this Section 14 are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Section 14 shall continue in full force and effect. If the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15.1 will govern any action arising out of or related to these Terms.
15. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and BigSpring regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part and delegate our obligations at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to". If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
1. Governing Law; Jurisdiction. These Terms are governed by the laws of the following applicable country without regard to conflict of law principles, and you and BigSpring submit to the personal and exclusive jurisdiction of the courts located within the following applicable jurisdiction for resolution of any non-arbitrated lawsuit or court proceeding permitted under these Terms. Under consumer protection laws, you may also have the right to bring proceedings in your country of residence and you agree to submit to the jurisdiction of such courts for the purpose of litigating any claim.
* If you are accessing the Service from India, Indian laws and the courts of Mumbai, India.
* If you are accessing the Service from anywhere else in Asia, the laws of Singapore and the courts of Singapore.
* If you are accessing the Service from anywhere else in the world, the laws of the State of California and the state and federal courts located in the Northern District of California.
2. Privacy Policy. Please read the BigSpring Privacy Policy at https://www.bigspring.ai/privacy-policy carefully for information relating to our collection, use, storage, disclosure of your personal information.
3. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
4. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
5. Contact Information. You may contact us by emailing us at support@bigspring.ai or by sending correspondence to:
* BigSpring Private Limited, 133 New Bridge Road, #24-01/02, 059413 Chinatown Point, Singapore; or
* BigSpring, Inc. 1209 Orange Street, Wilmington, County of New Castle, Delaware 19801.
6. Complaints. Should you have any complaints regarding the Service, including but not limited to abuse and misuse of the Service and the like, or any issues related to data privacy please report the same to grievanceofficer@bigspring.ai. Please provide your name, email address, physical address and contact numbers so that we may be in a position to verify details or check the authenticity of the complaints. BigSpring takes matters related to intellectual property rights and privacy very seriously.
7. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
8. International Use. We make no representation that the Service is appropriate or available for use in all jurisdictions. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
16. Notice Regarding Apple. This Section 16 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and BigSpring only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.