Terms & Conditions
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Bigdesk software and website (the “Service”) operated by Bigscal Technologies Pvt. Ltd. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
1. Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2. Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles may be set on a monthly, quarterly, or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Bigscal Technologies Pvt. Ltd. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Bigscal Technologies Pvt. Ltd.’s customer support team.
A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide Bigscal Technologies Pvt. Ltd. with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Bigscal Technologies Pvt. Ltd. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, you will be notified to update your payment method information. Failure to provide valid payment method information promptly may result in the termination of your Subscription.
3. Free trial
Bigscal Technologies Pvt. Ltd. may, at its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). At any time and without notice, Bigscal Technologies Pvt. Ltd. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
4. Subscription, plan and fee changes
Bigscal Technologies Pvt. Ltd., in its sole discretion and at any time, may modify the Subscription plan and/or Subscription Fees.
If a plan or fee change is made to your Subscription, Bigscal Technologies Pvt. Ltd. will provide you with reasonable prior notice of any change to allow you to change or terminate your Subscription before such change becomes effective.
Your continued use of the Service after the plan and/or Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount and work within the scope of the modified plan.
5. Service changes
Bigscal Technologies Pvt. Ltd., in its sole discretion and at any time, may modify or discontinue the Service without prior notice. Bigscal Technologies Pvt. Ltd. shall assume no liability in the event of any modifications to or discontinuance of the Service.
6. Refunds
Certain refund requests for Subscriptions may be considered by Bigscal Technologies Pvt. Ltd. on a case-by-case basis and granted at the sole discretion of Bigscal Technologies Pvt. Ltd.
7. Links to other websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Bigscal Technologies Pvt. Ltd.
Technologies Pvt. Ltd. has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Bigscal Technologies Pvt. Ltd. shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.
8. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Indemnification
You agree to defend, indemnify and hold harmless Bigscal Technologies Pvt. Ltd. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
10. Limitation of liability
In no event shall Bigscal Technologies Pvt. Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
11. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Bigscal Technologies Pvt. Ltd. Its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
12. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
13. Governing law
These Terms shall be governed and construed following the laws of INDIA, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
14. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least 30 days’ notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
15. Contact us
If you have any questions about these Terms, please contact us.