Last updated: April 3, 2025
We provide Customer Relationship Management (CRM) and marketing automation services, which may include but are not limited to email and text automations, social media planning automations and other marketing-related services. Marketing results are not guaranteed.
To use our Services, you must create an account with us and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to use our Services in accordance with all applicable laws and regulations, including but not limited to data privacy laws, intellectual property laws, and marketing regulations. You will not:
• Use our Services for any illegal or unauthorized purpose.
• Violate any third-party rights, including intellectual property or privacy rights.
• Engage in spamming, phishing, or any activity that harms the reputation or functionality of our Services.
You agree to pay all fees associated with the use of our Services as described in your invoice and any contract agreements. Payments not made within 15 days of the due date will result in the cancellation of service. You must keep a valid payment method on file with Big Brain to pay for all recurring and ongoing fees. Big Brain will charge applicable fees to any valid payment method that you authorize, and Big Brain will continue to charge the Authorized Payment Method for applicable fees until this Agreement is terminated, and any and all outstanding fees have been paid in full.
Except as otherwise specified below, all sales are final, non-refundable, and non-returnable.
• Monthly Subscription Services: Clients may cancel their subscription by sending an email to [email protected] at least 30 days prior to the end of their subscription. No refunds or prorated amounts are given.
• Annual Subscription Services: Clients may cancel their subscription by sending an email to [email protected] at least 30 days prior to the end of their subscription. No refunds will be given for any unused periods.
Big Brain may terminate its Subscription or Service Agreement with Client at any time and for any reason upon providing thirty (30) days’ written notice to Client, however if Client is in violation of these Terms and Conditions, Big Brain will terminate Client’s Agreement without notice. If Client is in violation of these Terms and Conditions, no refund shall be given for any unused portion of their subscription or service.. If Big Brain terminates the Agreement with Client and Client is not in violation of these Terms and Conditions, then the Client will be refunded a prorated amount for any unused portion of their subscription or service.
Once a Client’s subscription gets cancelled, by the Client or by Big Brain, all of the Client’s content and customer information will be completely deleted from our system and is non-recoverable. If the Client wishes to retain their customer data, Client should download it to their own systems prior to cancellation. Big Brain is not liable for any of the Client's lost content or customer data.
Termination of the Agreement will result in the loss of all Client’s content including but not limited to their website, landing pages, phone numbers used in our system, automations created and marketing emails. As noted above, the Client will have access to download all of their customer information, as long as it has been downloaded prior to the termination of the Agreement.
• SMS, Telephone and Email Usage Fees: Any fees associated with SMS, Telephone and email usage are non-refundable.
• Products Built and Services Rendered: These are non-refundable, except in the case that such product or service does not work as promised by the Agreement. In such a case, the Client must notify Big Brain and give them thirty (30) days to remedy the issue. If the product or service still does not work as promised by the Agreement, the Client may request a refund, which will then be issued within 10 days.
• Client Disputes: Should client have a payment dispute for any reason, please contact our Finance Department at [email protected] . We will get back to you within 24 hours to help resolve the issue and refund your payment within 10 business days if appropriate.
• Ownership of Data: You retain ownership of all customer data, leads, and marketing materials you provide to us ("Client Data"). You grant us a non-exclusive, worldwide license to use this data solely for the purpose of providing the Services.
• Ownership of Services and Materials: We retain all rights, title, and interest in and to our proprietary software, tools, materials, and intellectual property, including any content, improvements or modifications made during the provision of Services.
Both parties agree to maintain the confidentiality of any confidential information disclosed during the course of the relationship. Confidential information includes any non-public data, materials, or business operations shared between the parties. This obligation shall survive the termination of this Agreement.
We are committed to maintaining the privacy and security of your data. We will implement reasonable safeguards to protect your data from unauthorized access, use, or disclosure. By using our Services, you consent to our privacy practices as described in our Privacy Policy.
To the fullest extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Services, even if we have been advised of the possibility of such damages. Our total liability under this Agreement shall not exceed the total fees paid by you for the Services in the three (3) months preceding the event giving rise to the claim.
Either party may terminate this Agreement with [30] days' written notice. Upon termination, you agree to pay all outstanding fees for Services rendered up to the termination date. We reserve the right to suspend or terminate your access to our Services for breach of this Agreement.
You agree to indemnify, defend, and hold harmless Big Brain Business Solutions, its officers, employees, agents, and affiliates from and against any and all claims, losses, liabilities, damages, or expenses (including legal fees) arising from your use of the Services, violation of these Terms and Conditions, or infringement of any third-party rights.
Neither party shall be liable for failure or delay in performance due to events beyond their reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, and other events outside of the parties’ control.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law principles. Any dispute arising out of or in connection with this Agreement shall be resolved through binding arbitration in Tampa, FL, conducted in accordance with the rules of the American Arbitration Association (AAA). The prevailing party in any arbitration shall be entitled to reasonable attorneys’ fees.
We may update or amend these Terms and Conditions at any time. Any changes will be posted on our website, and the updated Terms and Conditions will be effective as of the date of posting. Your continued use of the Services after any changes indicates your acceptance of the revised Terms and Conditions.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms and Conditions, along with any additional agreements or documents referenced herein, constitute the entire agreement between the parties with respect to the Services. Any previous agreements, representations, or understandings are superseded by this Agreement.
Except as otherwise specified in this Agreement, all notices related to this Agreement will be in writing and will be effective upon (a) personal delivery, (b) the third business day after mailing, or (c) the day of sending by email. All notices from Client pertaining to contractual or legal matters (i.e. breach of contract, termination, indemnifiable claims, etc.) must clearly be identified and marked as Legal Notices to the address listed below. Billing-related notices to Client will be addressed to the relevant billing contact designated by Client. All other notices to Client will be addressed to the relevant account administrator designated by Client.
Big Brain Business Solutions LLC
Attn: Legal Department
800 Richards Ave
Clearwater, FL 33755
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