EULA

Bigtincan Mobile Pty Ltd. ABN 72 152 604 003 (“bigtincan or Bigtincan”) of Level 9, 257 Clarence St Sydney Australia 2000

Bigtincan End User License AgreementGeneral Terms of Service

Date of Issue: May 2016

Thank you for using bigtincan hub™ software. These terms of service constitute an End User License Agreement (the “Terms”) and govern your access to and use of bigtincan, (“we” or “our”) websites and information processing and content management services (the “Services”), so please carefully read them before using the Services.

By using the Services you agree to be bound by these Terms

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with bigtincan and are not barred under any applicable laws from doing so.

If you do not have such authority, or if you do not agree with the Terms of Service, you may not accept this Term of Service and may not use the service.

The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion. If any change is not acceptable to you, your only remedy is to stop accessing and using the service.

Your Stuff & Your Privacy

By using our Services you provide us with information, files, and folders that you submit to bigtincan (together, “your stuff”).  You retain full ownership to your stuff.  We don’t claim any ownership to any of it.  These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below. 

We may need your permission to do things you ask us to do with your stuff, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews.  It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe.  You give us the permissions we need to do those things solely to provide the Services.  This permission also extends to trusted third parties we work with to provide the Services, for example to provide our storage space (again, only to provide the Services).

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy. 

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services.  For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that bigtincan has no obligation to monitor any information on the Services.  We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services. 

Sharing Your Stuff

The Services provide features that allow you to share your stuff with others or to make it public.  There are many things that users may do with that stuff (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. bigtincan has no responsibility for that activity. 

Cookies

This policy explains how cookies are used on this website. This information may be amended from time to time. By using this site you agree to the placement of cookies on your computer in accordance with the terms of this policy. If you do not wish to accept cookies from this site please either disable cookies or refrain from using this site.

There are two main types of cookies:

Session cookies: these are temporary cookies that expire at the end of a browser session; that is, when you leave the site. Session cookies allow the website to recognize you as you navigate between pages during a single browser session and allow you to use the website most efficiently. For example, session cookies enable a website to remember that a user has placed items in an online shopping basket.

Persistent cookies: in contrast to session cookies, persistent cookies are stored on your equipment between browsing sessions until expiry or deletion. They therefore enable the website to “recognize” you on your return, remember your preferences, and tailor services to you.

Our use of Cookies

We currently use, and may use in the future, the following types of cookies on this website.

We use session cookies to help us maintain security and verify your details while you use the website and navigate from page to page, which enables you to avoid having to re-enter your details each time you enter a new page.

We use persistent cookies to help us recognize you as a unique user when you return to our website so that you do not have to input your details multiple times as you move between our pages or services.  Collect and compile anonymous, aggregated information for statistical and evaluation purposes to help us understand how users use the website and help us improve the structure of our website.

Many cookies are designed to give you optimal usage of the web. For example, we use cookies to enable you to improve your user experience when using our website, e.g. a cookie which recognizes if your browser supports specific technology features. This helps, for example, in enabling web pages to be loaded more quickly when you request the download of a large file.

In addition to cookies which send information to us, we also use cookies which collect information and send it to third parties. An example of this is Google Analytics. We use Google Analytics to help collect and compile information like the number of visitors to the site, where visitors have come to the site from and the pages they visited.  As with first party cookies, you are able to block third party cookies through your browser settings.

Some of our cookies may collect and store your personal information, such as your name or email address. We are committed to respecting and protecting your privacy and will ensure that all personal information collected by us is kept and treated in accordance with our privacy policy. 

Refusing Cookies on this Site

Most browsers are initially set to accept cookies. However, you have the ability to disable cookies if you wish, generally through changing your internet software browsing settings. It may also be possible to configure your browser settings to enable acceptance of specific cookies or to notify you each time a new cookie is about to be stored on your computer enabling you to decide whether to accept or reject the cookie. To manage your use of cookies there are various resources available to you, for example the “Help” section on your browser may assist you. You can also disable or delete the stored data used by technology similar to cookies, such as Local Shared Objects or Flash cookies, by managing your browser’s “add-on settings” or visiting the website of its manufacturer. As our cookies allow you to access some of our website’s features we recommend that you leave cookies enabled. Otherwise, if cookies are disabled, it may mean that you experience reduced functionality or will be prevented from using this site altogether.

Your Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others.  Please do not copy, upload, download, or share files unless you have the right to do so.  You, not bigtincan, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.  You must not upload spyware or any malicious software to the Service.

You, and not bigtincan, are responsible for maintaining and protecting all of your stuff.  Bigtincan will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are not explicitly authorized to use them or if you are under 16 years of age.  By agreeing to use these Terms, you are representing to us that you are over 16. 

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.  You are responsible for any activity using your account, whether or not you authorized that activity.  You should immediately notify bigtincan of any unauthorized use of your account.  You acknowledge that if you wish to protect your transmission of data or files to bigtincan, it is your responsibility to use a secure encrypted connection to communicate with the Services.

Software and Updates

Some use of our Service may from time to time require you to download a client software package (“Software”).  Bigtincan hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services.  Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights.  We hereby reserve all rights not expressly granted in these Terms.  You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.  Our Services may update the Software on your device automatically when a new version is available.

Bigtincan Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.  The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.  These Terms do not grant you any rights to use the bigtincan trademarks, logos, domain names, or other brand features.

Acceptable Use Policy

You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the bigtincan Acceptable Use Policy. 

Copyright

Bigtincan respects others’ intellectual property and asks that you do too.  We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us.  We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent: Bigtincan Mobile Pty Ltd, Level 9, 257 Clarence Street, Sydney New South Wales 2000 Australia or info@bigtincan.com

Other Content

The Services may contain links to third-party websites or resources. Bigtincan does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services.  You are solely responsible for your use of any such websites or resources.  Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply. 

Renewal Subscription Term

Unless one of us gives the other written notice that it does not intend to renew a subscription for the Services, the Services will automatically renew for the shorter of any current initial subscription term or one year.  Written notice of non-renewal must be provided no more than ninety (90) days but no less than forty-five (45) days in advance of the end of any subscription term for the Services, unless otherwise set forth in your Order Form.

Termination

Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice.  For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services.  If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. 

Bigtincan is Available “AS-IS”

Though we want to provide a great service, there are certain things about the service we can’t promise.  For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  (We are not shouting- it’s just that these disclaimers are really important, so we want to highlight them). Bigtincan will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions do not allow the types of disclaimers in this paragraph, so they may not apply to you. 

Auditing of Services

Bigtincan reserves the right, but without any obligation, to monitor and audit your use of our Services for any reason or no reason, without notice, to ensure your compliance with these General Terms of Service. You agree to provide us with any information we reasonably request to investigate and resolve problems relating to our provision of Services to you. We reserve the right in our sole discretion to investigate and take appropriate legal action against anyone who, we believe in our sole discretion, violates our General Terms of Service, including without limitation, reporting information to law enforcement authorities. 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BIGTINCAN, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BIGTINCAN HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO BIGTINCAN FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions do not allow the types of limitations in this paragraph, so they may not apply to you.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY THE STATE OF NEW YORK LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES.  ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.  These Terms constitute the entire and exclusive agreement between you and bigtincan with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.  These Terms create no third party beneficiary rights.  Bigtincan’s failure to enforce a provision is not a waiver of its right to do so later.  If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.  You may not assign any of your rights in these Terms, and any such attempt is void, but bigtincan may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.  Bigtincan and you are not legal partners or agents; instead, our relationship is that of independent contractors.