These Terms of Service ("Terms") govern your use of bigibyte.com and the services BigiByte provides, including web scraping, data extraction, automation, AI and SaaS development, API development, lead generation and ongoing maintenance (the "Services"). By using our website or engaging us, you agree to these Terms.
1. Our agreement with you
Each engagement is defined in a proposal, statement of work, order, or marketplace offer (a "Statement of Work") that describes the scope, deliverables, timeline and fees. The Statement of Work and these Terms together form the agreement between you ("Client", "you") and BigiByte. If they conflict, the Statement of Work controls for that engagement. Where you engage us through a marketplace such as Fiverr or Upwork, that marketplace's terms also apply and control on payment and dispute matters.
2. Services
- We will perform the Services with reasonable skill and care, using suitably experienced people, and in line with the Statement of Work.
- Timelines are good-faith estimates. They depend on you providing timely access, information, feedback and approvals.
- Changes to scope are agreed in writing and may affect fees and timelines.
- Websites and data sources change outside our control. Where a Statement of Work includes maintenance, we will adapt scrapers and automations to such changes; otherwise, fixes after the warranty period are billed separately.
3. Your responsibilities
- Provide accurate information, the access and credentials we need, and timely feedback.
- Make sure you have the right to request the data and automations you ask for, and that your intended use of the deliverables complies with applicable laws, including data protection, intellectual property, consumer protection and anti-spam laws.
- Comply with our Acceptable Use Policy.
- Keep any credentials, API keys and accounts we deliver secure.
4. Lawful data collection
We collect only publicly available data or data you are authorised to access. We do not bypass paywalls or access controls without authorisation, and we may decline or stop work that we reasonably believe is unlawful, harmful or in breach of our Acceptable Use Policy. Where deliverables include personal data, you are responsible for having a lawful basis to use it, and our Data Protection Policy applies.
5. Fees and payment
- Fees, deposits and payment milestones are set out in the Statement of Work. Unless stated otherwise, invoices are due within 7 days.
- Fixed-price projects are typically billed as a deposit up front with the balance on delivery. Monthly plans are billed in advance and renew automatically until cancelled.
- Fees exclude taxes, which you are responsible for where applicable.
- If an invoice is overdue, we may pause work and access to hosted deliverables until it is paid.
- Refunds are handled under our Refund Policy.
6. Intellectual property
- Deliverables. Once you have paid in full, you own the custom code, datasets and other deliverables we create specifically for you.
- Our pre-existing materials. We keep ownership of our pre-existing tools, libraries, frameworks, know-how and general-purpose components. Where these are included in your deliverables, we grant you a perpetual, worldwide, non-exclusive licence to use them as part of the deliverables.
- Open-source software included in deliverables remains subject to its own licence.
- Portfolio. Unless you ask us not to, we may mention that you are a client and describe the work in general terms, without disclosing your confidential information.
7. Confidentiality
Each party will keep the other's confidential information private, use it only for the engagement, and share it only with people who need to know it and are bound by similar obligations. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law. We are happy to sign a mutual NDA before discussing your project.
8. Warranty
We will fix defects in our deliverables that are reported within 14 days of delivery (or the period stated in the Statement of Work) at no extra cost, where the deliverable does not perform as specified. This warranty does not cover changes made by others, misuse, or changes to third-party websites, APIs or platforms after delivery. Except as stated in these Terms, the Services and deliverables are provided "as is", and we disclaim all other warranties to the extent permitted by law, including warranties of merchantability, fitness for a particular purpose and uninterrupted or error-free operation.
9. Limitation of liability
To the fullest extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill; and (b) each party's total liability arising out of an engagement is limited to the fees paid or payable to BigiByte under the relevant Statement of Work in the 12 months before the claim. These limits do not apply to your payment obligations, a party's breach of confidentiality, or liability that cannot be limited by law.
10. Indemnity
You will defend and indemnify BigiByte against third-party claims arising from your instructions, the data sources you ask us to use, or your use of the deliverables in breach of law or these Terms.
11. Term and termination
- Either party may end a monthly plan with 30 days' written notice.
- Either party may terminate an engagement immediately if the other materially breaches these Terms and does not fix the breach within 14 days of notice.
- On termination, you pay for work performed up to the termination date, and we deliver the completed work you have paid for.
- Sections on fees owed, intellectual property, confidentiality, liability, indemnity and governing law survive termination.
12. Use of our website
Website content is provided for general information and may change without notice. Blog posts and guides are educational and are not legal advice. You may not copy our website content for commercial use, disrupt the website, or attempt to access it in ways that break the law or our Acceptable Use Policy.
13. General
- Governing law. These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law rules. Courts located in Wyoming have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court.
- Independent contractors. We act as an independent contractor. Nothing creates a partnership, employment or agency relationship.
- Subcontractors. We may use vetted team members and subcontractors and remain responsible for their work.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
- Entire agreement. These Terms and the Statement of Work are the entire agreement on their subject and replace earlier discussions.
- Changes. We may update these Terms. The version in force when a Statement of Work is agreed applies to that engagement.
14. Contact
BigiByte. Office: Flat 10B, House 30/32, Road 10, Uttara Sector 15/B (beside Uttara Center Metro Station), Dhaka, Bangladesh. Registered address: 30 N Gould St Ste 35348, Sheridan, WY 82801, United States. Email info@bigibyte.com.