1. Eligibility and authority
You must be at least 18 years old and legally capable of entering into a contract. If you use the services for an organization, you represent that you have authority to bind that organization, and “you” includes the organization.
2. Accounts and security
You must provide accurate information, protect your credentials, maintain appropriate access controls, and promptly notify us of suspected unauthorized access. You are responsible for activity performed through your account and for users you invite or authorize.
3. Services
Bigheim offers separate applications under a shared account and subscription platform. Features may change as products evolve.
- Consent Manager: tools to configure consent banners, preferences, records, and script behavior. The service includes accessibility-focused functionality intended to support ADA- and WCAG-conscious implementations, but use of the service does not by itself guarantee legal or accessibility compliance.
- Privacy Focused Analytics: website measurement and reporting tools designed to reduce reliance on invasive tracking. You are responsible for configuring collection lawfully and providing required notices or consent.
- Dynamic QR: creation and management of QR codes and redirect destinations. You are responsible for destination content, campaign claims, and maintaining lawful and safe links.
- Secure Secrets: encrypted, expiring link-based sharing. You are responsible for selecting appropriate expiration, decryption, and geographic settings and for separately verifying the recipient when circumstances require it.
Free services may have limits, advertisements, reduced support, or different functionality. Agency and enterprise features may permit customer branding, client workspaces, and higher usage limits.
4. Customer responsibilities and compliance
You are responsible for your websites, notices, consent practices, data collection, end-user requests, content, campaigns, and compliance with laws that apply to your business. Bigheim provides software tools and does not provide legal advice or guarantee compliance with GDPR, CCPA/CPRA, Nevada law, ADA, WCAG, or any other standard or law.
5. Subscriptions, fees, and taxes
Paid subscriptions are billed according to the plan, billing period, usage limits, and pricing presented at purchase or in an order form. Unless otherwise stated, subscriptions renew automatically until canceled. You authorize us and our payment processor to charge applicable fees and taxes. Fees are nonrefundable except where required by law or expressly stated in writing.
We may change pricing prospectively by providing notice. Downgrades or cancellations generally take effect at the end of the current paid billing period unless otherwise specified.
6. Customer data and privacy
You retain ownership of data and content you submit. You grant Bigheim a limited right to host, process, transmit, display, and otherwise use that data as necessary to provide, secure, support, and improve the services. Our handling of personal information is described in the Privacy Policy.
7. Intellectual property
Bigheim and its licensors own the services, software, designs, documentation, trademarks, and related intellectual property. Subject to these Terms and payment of applicable fees, we grant you a limited, nonexclusive, nontransferable, revocable right to use the services for your internal business purposes.
8. Acceptable use
You may not use the services to violate law, infringe rights, distribute malware, facilitate phishing or fraud, harass others, bypass security, probe systems without authorization, overload infrastructure, send unlawful communications, expose another person’s secrets without authorization, or direct QR codes to harmful or deceptive content. You may not resell or white-label a service except under a plan that expressly permits it.
9. Third-party services
The services may integrate with third-party platforms, payment processors, cloud providers, websites, or links. Bigheim is not responsible for third-party services, content, terms, availability, or security.
10. Suspension and termination
You may stop using the services at any time. We may suspend or terminate access for nonpayment, security risk, unlawful activity, material breach, abuse, or conduct that may harm Bigheim or others. Upon termination, access to data may end, and we may delete data according to our retention practices and applicable law.
11. Confidentiality
Each party may receive nonpublic information from the other. The receiving party will use reasonable care to protect confidential information and use it only for the relationship, except where disclosure is authorized or legally required. This section does not apply to information that is public through no breach, already known without restriction, independently developed, or lawfully received from another source.
12. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIGHEIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR LEGALLY COMPLIANT FOR YOUR PARTICULAR USE.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIGHEIM WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. BIGHEIM’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID BIGHEIM FOR THE AFFECTED SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
You will defend, indemnify, and hold harmless Bigheim and its officers, employees, and affiliates from claims, damages, losses, and expenses arising from your content, your use of the services, your violation of law or these Terms, or your infringement of another party’s rights.
15. Changes
We may modify these Terms prospectively. We will post updated Terms with a revised effective date and provide additional notice for material changes when required. Continued use after the effective date constitutes acceptance.
16. Governing law and venue
These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law principles. Any dispute arising from these Terms or the services must be brought exclusively in the state or federal courts located in Nevada, and each party consents to personal jurisdiction and venue in those courts.
17. General provisions
These Terms, the Privacy Policy, applicable order forms, and incorporated policies form the entire agreement concerning the services. If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, reorganization, sale, or transfer of assets.
18. Contact
Questions about these Terms may be sent to support@bigheim.com or Bigheim Technologies, LLC, Nevada, United States.