Legal

Services Terms of Service

Last updated: August 4, 2026

These Terms of Service (these "Terms") are a legal agreement between you ("you" or "your") and BigState ("BigState", "we", "our", or "us") and govern your use of BigState's services, including its application programming interfaces ("APIs"), dashboard, documentation, SDKs, WebSocket endpoints, and other products and services made available through our website or that link to these Terms (collectively, the "Services"). By creating an account and using any of the Services, you expressly agree to these Terms, the terms of any Services that you procure through the Services interface (each, an "Order Form"), any terms referenced herein that apply to a particular Service (e.g., API usage guidelines, rate limits, and documentation requirements) ("Additional Terms"), and any other policies referenced herein, including our Privacy Policy (collectively, the "Agreement"). The Agreement takes effect when you first accept these Terms as part of the account sign-up process or when you otherwise access or use the Services and will remain in effect until terminated as specified herein. If you do not agree with the Agreement, please do not accept these Terms, and you may not access or use the Services.

1. General

BigState offers an object and state synchronization platform that gives users the tools to create and manage objects, publish and read versioned state, configure deliveries, and receive updates over HTTP, WebSocket, and related protocols. The Services may include managed cloud offerings, self-hosted options, sample code, documentation, dashboards, analytics, and integrations made available by BigState and/or third-party infrastructure, identity, payment, and hosting providers ("Third-Party Providers") through the Services (collectively, "Platform Content"). Platform Content and your use of the Services are provided subject to these Terms and any applicable Additional Terms. Your access to and use of the Services is subject to these Terms in addition to any Order Form or Additional Terms that apply to your account or plan. By entering into the Agreement, you agree to comply with all applicable terms governing your use of the Services.

2. Access Grant

Subject to the terms and conditions of the Agreement, we grant you a non-exclusive, non-transferable, non-assignable, worldwide, limited right to access and use the Services, as such Services may be modified, revised, and updated in accordance with the Agreement, solely for your lawful purposes and in accordance with your plan, Order Form, and documentation.

3. Your Account

3.1 Registration

You must open an account with us to use certain parts of the Services. During the registration process, we will ask you for information, which may include, but is not limited to, your name, e-mail address, and other personal or organizational information. You must provide accurate and complete information in response to our questions, and you must keep that information current. We reserve the right to change your account type, downgrade, suspend, or terminate your account and the account of anyone who provides inaccurate, untrue, or incomplete information or who fails to comply with the account registration requirements.

3.2 Eligibility

You represent and warrant that you are at least eighteen (18) years old. You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services in such country, territory, or jurisdiction does not violate any applicable laws. If you use the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization, and "you" includes that organization.

3.3 Account Responsibility

You are solely responsible for any and all activities conducted under your account, including your API keys, tokens, principals, and other credentials. You agree to notify us immediately of any unauthorized use or any other breach of security on your account, API keys, or other credentials. We shall not be liable for any loss incurred in connection with or resulting from any party's unauthorized use of a password, account, API keys, or other credentials. You acknowledge and agree that losses incurred by us or another party due to the unauthorized use of your account, API keys, tokens, principals, or password are solely at your liability. Accordingly, you are solely responsible for maintaining the confidentiality of your account password, username, API keys, tokens, principals, and any other credentials relating to your account. Unauthorized use of another's account, password, API keys, or other credentials is strictly prohibited. For the avoidance of doubt, this includes sharing an account, API keys, or credentials with others except as expressly permitted by your plan or a written agreement with us.

3.4 Disabling Accounts

We reserve the right to disable your account, including your API keys and other credentials, at any time, including if you have failed to comply with any of the provisions of the Agreement, or if activities occur on your account or through your API keys or credentials which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.

4. Payment Obligations

4.1 Payment Terms

The Services include both paid-for Services ("Paid Services") and free-of-charge Services ("Free Services"). We offer certain Paid Services to be paid for on a monthly or annual recurring basis ("Paid Subscription Services") and other Paid Services on an as-used basis ("Add-On Services"). Paid Subscription Services may subject you to recurring fees and/or terms. By signing up for a Paid Subscription Service, you agree to pay us the subscription fee and any applicable Taxes (as defined below) on a recurring basis as specified in the applicable Order Form(s) ("Subscription Fee"). Add-On Services may subject you to fees charged per usage and/or terms, including object counts, delivery volume, bandwidth, storage, or request volume. By using an Add-On Service, you agree to pay the fees specified in the applicable Order Form and any Taxes incurred at the time of usage ("Add-On Fees" and, together with Subscription Fees, "Fees"). Unless otherwise provided, Fees will be charged upon purchasing the Paid Services. Except as provided herein, Subscription Fees will be charged upon the monthly or annual anniversary of your purchase of the Paid Subscription Services and will continue until the Paid Subscription Services are terminated as set forth in the Agreement. For Paid Services, you authorize us to charge your designated payment method. By providing an acceptable payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third-party payment processor to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Paid Service may be downgraded, suspended, or canceled. You must resolve any problem we encounter in relation to the payment method you provide in order to proceed with your use of the Service. You authorize us or our third-party payment processor to charge your payment method for the corresponding amount. This payment obligation shall survive termination or cancellation of this Agreement for any reason whatsoever. Unless otherwise indicated, all Fees and other charges are quoted in U.S. Dollars ($), and all payments must be in U.S. Dollars ($). We reserve the right to change the prices of the Services from time to time. We will attempt to give you advance notice of any such price changes prior to the next billing cycle. Your continued use of the Paid Subscription Services after notice of a change to our Fees will constitute your agreement to such changes. If you accept a promotional offer or make changes to your Paid Services, the Fees, Taxes, and amounts billed may vary. In addition, billing amounts may also vary due to changes in applicable Taxes or currency exchange rates.

4.2 Taxes

Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "Taxes"). You will be responsible for paying all Taxes associated with your purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, you will reimburse us for such withholding tax.

4.3 Adding, Upgrading, and Downgrading Services at Your Election

At any time, you may purchase additional Paid Services as well as upgrade your Free Service to a Paid Subscription Service. If you purchase a monthly Paid Subscription Service, the Fees reflected in the applicable invoice will be for a prorated monthly subscription, and you will be invoiced on the same date that you upgraded your account for each subsequent calendar month. If you sign up for an annual Paid Subscription Service, the Fees reflected in the applicable invoice will be for a full annual subscription. You may downgrade from a Paid Subscription Service to a lower-tier Paid Subscription Service or to a Free Service at any time from your account settings. If you downgrade any Paid Subscription Services, you will remain responsible for any unpaid Fees under the applicable Paid Subscription Services, and Services under the applicable Paid Subscription Services will be deemed fully performed and delivered upon expiration of the applicable Paid Subscription Services subscription term. If you cancel a Paid Subscription Service, you will continue to have access to that Paid Subscription Service through the end of your then-current billing period, but you will not be entitled to a refund or credit for any Fees already due or paid.

4.4 Downgrade for Non-Payment

If any Fees owed to us by you are overdue, we may, without limiting our other rights and remedies, downgrade any Paid Subscription Services to the Free Services or suspend any Paid Subscription Services until those amounts are paid in full, so long as we have given you notice that your account is overdue. You acknowledge and agree that a downgrade or suspension will result in a decrease in certain features and functionality, as illustrated by comparing the plans on our website or in your dashboard.

5. BigState's Intellectual Property

5.1 Intellectual Property Rights

The Services contain material that is derived, in whole or in part, from material owned by BigState as well as third-parties. We expressly and exclusively reserve for ourselves (and our licensors) any and all registered and unregistered rights (whether or not registrable) granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the "Intellectual Property Rights") that are created, generated, acquired, or used in connection with the Services. The look and feel of the Services, including, but not limited to, any custom graphics, button icons, and scripts are also our property, and you may not copy, imitate, or use them, in whole or in part, without our prior written consent. Nothing herein shall be deemed to grant any rights or licenses to our Intellectual Property Rights to you, except as is expressly required for you to use the Services (but not apart from your use thereof). In addition, you agree to preserve the confidentiality of the Services.

5.2 Third-Party Trademarks

You acknowledge and agree that any of our names, trademarks, service marks, logos, trade dress, or other branding included as part of the Services are owned by us, unless otherwise noted, and may not be copied, imitated, or used (in whole or in part) without our prior written consent. All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any information displayed on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by BigState.

5.3 Usage Data and Feedback

You acknowledge and agree that we may collect and use any data provided to us or arising out of, related to, or from your use of the Services ("Usage Data"), including, but not limited to, metrics, analytics, statistics, metadata, request logs, delivery events, and inputs for any lawful business purpose without compensation to you. This includes, but is not limited to, using such Usage Data to provide, analyze, maintain, support, optimize, and improve the Services; to monitor for compliance and adhere to our obligations with any Third-Party Providers; for research, analytics, benchmarking, marketing, and the development of products and services; and for any other purpose for which you provide authorization via the Services, where such option is made available. In addition, you may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about BigState or our Services (collectively, "Feedback"). By submitting Feedback to us, you hereby grant us a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, adapt, modify, sublicense, transmit, distribute, display, sell, transfer, incorporate into our products or services, create derivative works from, or otherwise exploit any such Feedback without any compensation to you.

6. User Conduct

6.1 Use Restrictions

You may not do, attempt to do, enable, or encourage anyone else to do, any of the following:

  • (a) Use the Services for any illegal purpose or violate any applicable federal, state, local, national, or international laws or regulations (including sanctions laws), or the Agreement;
  • (b) Violate any published API documentation, rate limits, usage quotas, security requirements, acceptable use policies, or other operational rules applicable to the Services, or any rules or requirements imposed by Third-Party Providers whose infrastructure or services are used to deliver the Services;
  • (c) Violate any terms and conditions of any Additional Terms or Order Form;
  • (d) Violate, or encourage others to violate, any right of a third party, including by (i) infringing or misappropriating any third party intellectual property right, (ii) using any trademarks, service marks, design marks, logos, photographs or other content belonging to BigState or obtained from the Services, (iii) making unauthorized copies of any content made available on or through the Services, or (iv) misrepresenting information or defacing or removing any intellectual property marks transmitted with the Services;
  • (e) Provide any false personal information to us, create a false identity or impersonate another person or entity in any way or perform any fraudulent activity including claiming a false affiliation, accessing any other Services account without permission, or falsifying your age or date of birth;
  • (f) Interfere with security-related features of the Services or any user's enjoyment of the Services, including by: (i) using any device, software or routine to interfere or attempt to interfere with the proper working of the Services, or any activity conducted on the Services, (ii) disabling or circumventing features that prevent or limit use or copying of any content, (iii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Services except to the extent that the activity is expressly permitted by applicable law, (iv) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, (v) disrupting any network, equipment, or server connected to or used to provide the Services, (vi) disabling, overburdening, impairing, damaging, or hijacking the operation of any hardware, software or telecommunications equipment or any other aspect of the Services or communications equipment and computers connected to the Services, (vii) accessing, tampering with or using non-public areas of the Services, BigState's (and its hosting company's) computer systems and infrastructure or the technical delivery systems of BigState's providers, (viii) creating a new account with BigState, without BigState's express written consent, if BigState has previously disabled or suspended an account of yours, or (ix) using the Services, without BigState's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming, (x) gaining unauthorized access to the Services, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services, (xi) bypassing any approved software through which the Services is made available, (xii) framing or linking to any of the materials or information available on the Services, or (xiii) interfering with or disrupting the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of those networks or servers;
  • (g) Interfere with any user's enjoyment of the Services by: (i) restricting, discouraging, or inhibiting any person from using the Services, disclosing personal information about a third person on the Services or obtained from the Services without the consent of that person, or collect information about or threaten, harass, demean, embarrass, menace or intimidate users of the Services; (ii) making any unsolicited offer or advertisement to another user of the Services, (iii) collecting personal information about another user or third party without consent, (iv) soliciting, or attempt to solicit, personal information from other users of the Services, or (v) using the Services to send communications to persons who have requested that you not send them communications;
  • (h) Sell or otherwise transfer the access granted under the Agreement or any of BigState's materials or any right or ability to view, access, or use any of BigState's materials, except as expressly permitted by your plan or a written agreement with us;
  • (i) Use or attempt to use another user's account, API keys, tokens, or principals;
  • (j) Pose as another person or entity or otherwise falsify your account information;
  • (k) Adapt, modify, or create derivative works based on the Services or the technology underlying the Services in whole or part, except as expressly permitted by applicable law or written agreement with us;
  • (l) Use the Services from a country sanctioned by the government of the United States or to facilitate transactions involving individuals sanctioned by the government of the United States or located in sanctioned countries;
  • (m) Use the Services to store, transmit, synchronize, or deliver content or state in violation of applicable export control, privacy, data protection, or content regulations, or to operate applications that require regulatory licensing, certification, or approval that you have not obtained;
  • (n) Promote, offer, publish, or distribute through the Services any content, product, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and distribute, including all necessary licenses and authorizations, or (iii) BigState determines, in its sole discretion, is inappropriate for use with the Services, including malware, unlawful content, or content that threatens the security or integrity of the platform.

6.2 Monitoring and Suspending Access

We may, but have no obligation to, monitor the use by you and other users of the Services. We reserve the right to take, or refrain from taking, any and all steps available to us, including downgrading, suspending, or terminating your access to the Services or seeking other legal or equitable remedies, once we reasonably suspect or become aware of any violation of applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating the Agreement or the terms of a Third-Party Provider. Such suspension or termination shall not constitute a breach of the Agreement by BigState.

7. Third-Party Services

The Services may also contain links or functionality to access or use third-party websites and applications (collectively, "Third-Party Services"). When you click on a link to or access and use a Third-Party Services, we may not warn you that you have left our Services, and you are subject to the terms and conditions (including privacy policies) of such Third-Party Services. BigState provides links to these Third-Party Services only as a convenience. Such Third-Party Services are not under the control of BigState and may be "open" applications for which no recourse is possible. BigState is not responsible or liable for any Third-Party Services. BigState does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services or their associated products or services. BigState does not prepare, edit, or endorse any Third-Party Services. BigState does not guarantee the accuracy, timeliness, completeness, or usefulness of Third-Party Services, and is not responsible or liable for any content, advertising, products, or other materials on or available from Third-Party Services. You use all links in Third-Party Services at your own risk.

8. Term and Termination

8.1 Term

The "Term" of the Agreement will begin on the date that you accept these Terms by creating an account or otherwise accessing the Services and continue until the Agreement is terminated as set forth herein. If you purchase a Paid Subscription Service, your subscription term may vary as a continuous monthly or annual term ("Subscription Term(s)"), as described in the applicable Order Form in the course of purchasing the Paid Subscription Service. Your subscription to a Paid Subscription Service will auto-renew for additional Subscription Terms until your subscription is canceled by you, downgraded to a Free Service, or suspended, downgraded, or terminated by us.

8.2 Termination of the Agreement

The Agreement shall continue in full force until terminated or canceled pursuant to the Agreement. We shall have the right to terminate the Agreement: (a) for any reason whatsoever by providing thirty (30) days' notice to you; (b) immediately for your material breach of the Agreement, other than non-payment of Fees; or (c) for non-payment of Fees. Notwithstanding the foregoing, we reserve the right, in our sole discretion and without notice, at any time and for any reason, to remove, modify, suspend, downgrade, or disable access to all or any portion of the Services. At any time, you may stop using the Services, and you may terminate the Agreement for any reason whatsoever by contacting support@bigstate.io.

8.3 Termination of a Paid Subscription Service

You may cancel a subscription to a Paid Subscription Service at any time. Your cancellation will take effect at the end of the current Subscription Term. To cancel your subscription and automatic payment, you may downgrade your account to the applicable Free Service or you may contact our team at support@bigstate.io. Cancellation does not entitle you to the refund of any previously paid Fees, and you will not receive a prorated refund for the remainder of the Subscription Term. In the event you cancel your subscription, note that we may still send you promotional communications unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications. When you cancel a Paid Subscription Service, you cancel only future charges for your subscription. You may not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Paid Subscription Service until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration ("Credits") to some or all of our users. The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide credits in the future.

8.4 Effect of Termination

If the Agreement or your account are terminated or suspended for any reason: (a) the license and any other rights granted under the Agreement will end, and (b) you agree to terminate and cease use of all Services immediately, and we will not be liable to you or any third-party for compensation, reimbursement, or damages for any termination or suspension of the Services. In addition to any payment obligations under Section 4 (Payment Obligations), the following Sections of these Terms shall survive and remain in effect in accordance with their terms upon termination: Section 5 (BigState's Intellectual Property), Section 7 (Third-Party Services), Section 8.4 (Effect of Termination), Section 10 (Privacy Policy), Section 11 (Disclaimers), Section 12 (Indemnification), Section 13 (Limitation of Liability), and Section 15 (Miscellaneous).

9. Modifications

As our business evolves, we may make commercially reasonable updates to the Services from time to time. We may also change these Terms and the other components of the Agreement (except any Order Forms). You can review the most current version of these Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in these Terms. The materially revised Terms will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If you access or use the Services after the effective date, that use will constitute your acceptance of any revised terms and conditions.

10. Privacy Policy

Please refer to our Privacy Policy and Cookie Policy, as updated from time to time, for information about how we collect, use, and share your information, including Google Analytics cookies that are used only with your consent. By using and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with those policies.

11. Disclaimers

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND BIGSTATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT THERETO. BIGSTATE DISCLAIMS ALL IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND DOES NOT REPRESENT OR WARRANT: (A) THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR IS TIMELY, CORRECT, ADEQUATE, ACCURATE, OR COMPLETE; OR (B) THE AVAILABILITY OF THE SERVICES OR THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOUR USE OR RELIANCE ON THE SERVICES IS SOLELY WITHIN YOUR DISCRETION AND AT YOUR RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. IT IS EXPRESSLY UNDERSTOOD THAT THE SERVICES ARE PROVIDED FOR THE PURPOSE OF BUILDING APPLICATIONS, SYNCHRONIZING STATE, AND DELIVERING UPDATES, AND ARE NOT INTENDED TO PROVIDE LEGAL, TAX, COMPLIANCE, OR OTHER PROFESSIONAL ADVICE. THE SERVICES ARE NOT A SUBSTITUTE FOR YOUR OWN SECURITY REVIEW, DATA GOVERNANCE PROGRAM, OR PROFESSIONAL JUDGMENT. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY USE OF THE SERVICES, INCLUDING ANY OBJECTS, STATE VALUES, DELIVERIES, OR INTEGRATIONS, IS APPROPRIATE FOR YOUR APPLICATION, ORGANIZATION, AND USERS. YOU SHOULD CONSULT YOUR LEGAL, TAX, OR OTHER PROFESSIONAL ADVISERS REGARDING YOUR SPECIFIC SITUATION. NO DETERMINATION OF YOUR SUITABILITY FOR OR THE APPROPRIATENESS OF ANY SERVICES PROVIDED BY BIGSTATE HAS BEEN MADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless BigState, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the "BigState Parties"), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of, or are related to: (a) your access and/or use of, or interaction with the Services; (b) any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information, objects, state values, metadata, or deliveries; (c) your violation of the Agreement (including the Additional Terms); (d) your violation of the rights of any third-party; and/or (e) your violation of any applicable laws, rules, or regulations.

THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND BIGSTATE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL BIGSTATE OR ITS THIRD-PARTY PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICES, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF BIGSTATE OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BIGSTATE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SERVICES EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100.00), OR (II) THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.

FOR JURISDICTIONS THAT DO NOT ALLOW US TO LIMIT OUR LIABILITY: NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT, IF YOUR JURISDICTION HAS PROVISIONS SPECIFIC TO WAIVER OR LIABILITY THAT CONFLICT WITH THE ABOVE THEN OUR LIABILITY IS LIMITED TO THE SMALLEST EXTENT POSSIBLE BY APPLICABLE LAW. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY EXPRESSLY WAIVE THE APPLICABILITY OF THIS SECTION OF THE CALIFORNIA CIVIL CODE AND ANY RIGHTS THAT YOU MAY HAVE THEREUNDER. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE ABOVE RELEASE.

14. Contact Us

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us by email at support@bigstate.io or legal@bigstate.io, or by using our Contact form.

15. Miscellaneous

15.1 Governing Law

The Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Delaware, without reference to principles of conflicts of laws thereof.

15.2 Entire Agreement; Order of Precedence

The Agreement contains the entire agreement between you and BigState and supersedes all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with us, unless terms of lower precedence expressly state to the contrary, the order of precedence is: (a) the terms of the Order Form, (b) any Additional Terms, (c) these Terms, and (d) all terms incorporated by reference into these Terms.

15.3 Assignment

The Agreement is binding upon and inures to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate, or otherwise convey the Agreement or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in the Agreement, we may assign, transfer, or delegate the Agreement and our obligations hereunder at any time, in our sole discretion.

15.4 Severability

The Agreement will be enforced to the fullest extent permitted under applicable law. If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement will remain in effect.

15.5 Waiver

No failure or delay by either party in exercising any right under the Agreement will constitute a waiver of that right. No waiver under the Agreement will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

15.6 Force Majeure

We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

15.7 Relationship of the Parties; No Third-Party Beneficiaries

The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to the Agreement, except that to the extent required by a Third-Party Provider whose services are incorporated into the Services, you acknowledge and agree that the applicable Third-Party Provider may enforce applicable provisions of the Agreement directly against you as if it were a party hereto.

15.8 Equitable Relief

You acknowledge and agree that your breach of the Agreement would cause irreparable harm to us, for which monetary damages alone may not be adequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agree that we may seek and shall be entitled to injunctive relief hereunder to prevent the actual, threatened, or continued breach of the Agreement.