LEGAL
Terms & Conditions
Thank you for using Bigdata.com!
These Terms of Service apply to your use of Bigdata.com, including its conversational AI assistant (the “Chatbot”), its Model Context Protocol (“MCP”) server and API, and any other associated software applications and websites (all together, the “Services”). These Terms of Service form an agreement between you and RavenPack International SLU (“RavenPack” or “Bigdata.com”), owner of the Services. By accessing or using Bigdata.com, whether through the Chatbot, the website, the API, or by connecting your own large language model or AI tool (a “Connected Model”) to Bigdata.com via MCP, you agree to comply with these terms and conditions, which govern your use of the Services.
Please visit our Privacy Policy to learn more about what and how we collect your personal information, and what rights you have. The Privacy Policy is part of these Terms of Service.
1. Definitions
1. “Admin” means the Business Customer account administrator who is authorized to represent and legally bind the company or entity to these Terms of Service. The Admin must have the legal authority to accept these terms on behalf of their business.
2. “Affiliate(s)” means any business entity from time to time controlling, controlled by, or under common control with either Party.
3. “Authorized User” means an individual authorized by the Admin to access the Services under a Business Customer account. Consumption by all Authorized Users is aggregated and billed to the Business Customer account.
4. “Billing Cycle” means the recurring period for which you pay your Subscription Fee and after which your Subscription renews: one month for a Monthly Subscription, and one year for an Annual Subscription.
5. “Confidential Information” means information in any form or medium (whether oral, written, electronic or other) that is non-public and that a party (the “Disclosing Party”) considers confidential or proprietary, including information consisting of or relating to the Disclosing Party’s technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations. Without limiting the foregoing: all Bigdata Content, Premium Content, Public Content, and Files are Confidential Information.
6. “Connected Model” means any large language model, AI agent, or other software tool that you operate, own, or control and that you connect to Bigdata.com via MCP or the API in order to receive Responses or Bigdata Content.
7. “Consumption / Tokens Consumed” means the number of Tokens contained in the Bigdata Content and/or Files that is retrieved, processed, returned, or otherwise made available to you, your Connected Model, or the Chatbot in response to a Search, as measured by Bigdata.com’s own tokenizer at the moment of consumption.
8. “Customer” means any individual or entity that accesses and uses the Services, either as an Individual User, Authorized User, or Business Customer. This includes anyone who creates an account, subscribes to, or otherwise engages with the Services, including indirectly through a Connected Model.
9. “Files” means any documents, information, data, or media that you upload, submit, or transmit to Bigdata.com, together with any associated metadata. Files may be processed by Bigdata.com and used to ground a Response in the same manner as Bigdata Content.
10. “Bigdata Content” means, collectively, Public Content and Premium Content made available by or through Bigdata.com, including structured and unstructured data, sentiment scores, classifications, tags, numerical values, and other metadata, whether derived, processed, or enhanced by Bigdata.com or its licensors (“Providers”).
11. “Grounding” means the act of using Bigdata Content, at inference time only, to inform, support, or ground the reasoning of a Connected Model or the Chatbot in producing a Response.
12. “Included Capacity” means the fixed number of Tokens made available to you each month under a Monthly Subscription or an Annual Subscription, as described in Section 6.3.
13. “MCP” means the Model Context Protocol, or any successor or equivalent protocol, through which a Connected Model or other third-party tool may connect to and retrieve Bigdata Content from Bigdata.com's Services.
14. “Premium Content” means proprietary, licensed, or otherwise non-publicly-available Bigdata Content supplied by RavenPack or by a third-party Provider, which RavenPack licenses to you. Your use of Premium Content to ground a Response is subject to the Grounding Right in Section 4.2.
15. “Provider” means any third party that licenses its content, data, or analytics to RavenPack for inclusion in Premium Content.
16. “Public Content” means Bigdata Content drawn from sources that are publicly and freely available at the source (for example, public websites, public filings, or public social media posts), to which RavenPack grants you access. Your use of Public Content to ground a Response is subject to the Grounding Right in Section 4.2.
17. “Response” means any output, data, content, or information generated, retrieved, or provided by Bigdata.com, including but not limited to text, numerical values, analytics, reports, summaries, insights, or other processed data, whether delivered to you directly, to the Chatbot, or to your Connected Model.
18. “Search(es)” means any Customer input, query, instruction, filter, reference, command, or order entered into Bigdata.com, whether typed into the Chatbot, submitted via the API, or issued by a Connected Model through MCP, including any form of interaction designed to request information, generate a Response, or retrieve Bigdata Content.
19. “Service(s)” means the platform, Chatbot, MCP server, software, API, and underlying technology that facilitate automated conversational interactions and content retrieval, including but not limited to chat-based communication, natural language processing, text generation, retrieval and grounding of Bigdata Content, and integrations with Connected Models or other third-party tools. The scope of Services may be updated, modified, or expanded from time to time at Bigdata.com's discretion.
20. “Subscription” means a Monthly Subscription or an Annual Subscription, each as described in Section 6.3, under which you pay a recurring Fee for a fixed Included Capacity of Tokens rather than paying only for what you consume.
21. “Token(s)” means the discrete units of text into which Bigdata divides content for purposes of processing, metering, and pricing. Token counts are produced by Bigdata at the moment of Consumption and are not self-reported by Customer.
22. “Usage Data” means statistical data and metadata generated from your use of the Services, including the number and type of Searches, Consumption and Token volumes, feature usage, session frequency, and account-level engagement metrics. Usage Data does not include the content of Searches or Responses.
23. “Zero Data Retention (ZDR)” means a mode of operation in which data submitted to or received from a model is not stored at rest after a Response is returned, except to the extent required to comply with applicable law.
2. User-Specific Terms and Conditions
The following terms apply based on your Customer type. Please review the relevant section that corresponds to your account, whether you are an individual (Individual User) or representing a business (Business Customer). By using the platform, you agree to comply with these terms, as applicable to your user type.
2.1 Terms for Individual Users
If you are registering or using the platform as an individual user, the following terms apply to you:
1. Individual User Account. You, as the individual user, are the sole owner of the account. You must ensure that the credentials associated with your account, and any API keys or MCP connection credentials issued to you, are kept secure and not shared with any other person.
2. Access. The Services may only be accessed, viewed, and used by you, including through a Connected Model that you personally operate. You are strictly prohibited from granting access, sharing your login credentials, or sharing your API keys or MCP connection credentials with any third party, including other individuals or businesses.
2.2 Terms for Business Customers
If you are registering or using the platform on behalf of a legal entity or company, the following terms apply to you:
1. Account Structure. The Admin may authorize any number of Authorized Users to access the Services under a single Business Customer account. Consumption by all Authorized Users, whether through the Chatbot, the API, or a Connected Model, is aggregated and billed to the Business Customer account.
2. Authorized User Access. Each designated Authorized User will receive credentials (and, where applicable, API keys or MCP connection credentials) to access the Services. The Admin is responsible for ensuring that only authorized individuals use these credentials.
3. Account Management. The Admin has the authority to manage Authorized Users, including adding, removing, or suspending Authorized Users as needed, and to manage Connected Models registered under the account.
4. Access Restrictions. The Admin must ensure that access to the Services is limited to authorized Authorized Users only. Sharing credentials or allowing unauthorized individuals or Connected Models to use the Services is strictly prohibited. Violation of this restriction may result in termination of access.
3. General Terms for All Customers
The following terms apply to all Customers of Bigdata.com, whether you are an Individual User or a Business Customer.
3.1 Create your account
1. Age. You must be at least 18 years old to create an account with Bigdata.com and/or use its Services.
2. Equipment. You shall acquire, install, operate, and maintain at your own expense all communications lines, equipment, services, Connected Models, and related technology necessary to use Bigdata.com.
3. Assignment. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void.
4. Account conversion disclaimer. By converting your account from Individual to Business, or from Business to Individual, you acknowledge and agree that such conversion may result in the loss of all data associated with your account, and may end any active Subscription and forfeit any unused Included Capacity or Token credits. This may include, but is not limited to, Searches, Responses, Files, watchlists, and other stored information. It is your responsibility to back up any important data before proceeding with the conversion.
3.2 Connecting a Connected Model via MCP
1. Registration. Before connecting a Connected Model to Bigdata.com via MCP, you must register it under your account and agree that all Searches and Consumption originating from that Connected Model are attributable to, and billed to, your account, regardless of who or what actually issued the underlying Search.
2. Zero Data Retention representation. You represent and warrant that any Connected Model you connect to Bigdata.com supports, and is configured to operate under, Zero Data Retention. You are solely responsible for verifying and maintaining your Connected Model's ZDR configuration; Bigdata.com has no obligation to verify this and is not liable for your Connected Model's failure to comply.
3. No unauthorized re-exposure. You shall not configure a Connected Model to re-expose, proxy, re-sell, or make Bigdata Content available to any other model, tool, service, or third party.
4. License
4.1 Grant of Service License
Subject to the terms and conditions of these Terms of Service, Bigdata.com hereby grants you a limited, revocable, non-exclusive, non-transferable and not-sublicensable license to use the Services (the Chatbot, the website, the API, and the MCP server).
4.2 Grounding Right
1. Grounding Right. Subject to your compliance with these Terms and payment of the applicable Fees, Bigdata.com grants you a limited, non-exclusive, non-transferable, non-sublicensable, one-time, per-Consumption right to use Bigdata Content and/or Files to ground the reasoning of the Chatbot or your Connected Model at inference time (a “Grounding Right”).
2. What you may do. Under a Grounding Right, you may (a) use Bigdata Content and/or Files to ground a single inference, and (b) retain and keep the derivative output that the Chatbot or your Connected Model produces from that inference.
3. What you may not do. You may not (a) store, cache, retain, or archive the underlying Bigdata Content itself beyond the moment of Consumption, (b) redistribute the underlying Bigdata Content to any third party, (c) treat the Grounding Right as perpetual: each Consumption is a new, separate, one-time right and confers no standing or ongoing license to the underlying Bigdata Content, or (d) use Bigdata Content to train, fine-tune, or evaluate any AI or machine-learning model.
4. How you pay. Depending on your payment plan, you pay only for Tokens actually consumed under pay-as-you-go, or a recurring Fee for your Included Capacity under a Subscription, as described in Section 6.
5. Zero Data Retention required. Bigdata Content may only be consumed through Chatbot sessions or Connected Models operating under Zero Data Retention (Section 3.2).
6. Survival of derivative works. Your right to retain and use derivative output you have already lawfully created under a Grounding Right survives termination of your account, but no new Grounding Rights may be exercised after termination.
4.3 Intellectual Property
Bigdata and its licensors retain all rights, title, and interest in and to the Services, including all intellectual property rights (e.g., copyrights, trademarks, patents, trade secrets). This includes, but is not limited to, the Services' names, design, format, and underlying technology. Any suggestions, feedback, or ideas you provide about the Services are considered non-confidential and become the property of Bigdata.com. We value your input and may use it to improve the Services without any obligation to compensate you.
4.4 Name and Logo Usage
By using the Services you authorize Bigdata.com to use your company name, logo, or app icon for promotional purposes. This includes, but is not limited to, our website, social media channels, client presentations, case studies, press releases, and other promotional content.
4.5 Restrictions
You shall not, whether directly, through the Chatbot, through the API, or through a Connected Model:
1. use the Services in a manner that infringes the laws of your country or geographical location;
2. use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or company;
3. disassemble, decipher, reconfigure, reverse engineer, decompile, alter, or reproduce the Services, or make derivatives or improvements to any software programs provided by Bigdata.com;
4. combine or integrate the Services with any software, technology, services, or materials not authorized by Bigdata.com;
5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Bigdata.com, or any Bigdata Content, in whole or in part;
6. use the Services or Bigdata Content to create, train, fine-tune, evaluate, or improve any new or existing AI, machine-learning, or software model that you or third parties might offer, except by written confirmation from us;
7. systematically download, scrape, harvest, or extract Bigdata Content, whether via the Chatbot, the website, the API, or a Connected Model;
8. copy, store, archive, cache, or create a database of Bigdata Content, in whole or in part, beyond what is expressly permitted for a Grounding Right under Section 4.2;
9. use Searches or Responses to develop models, products, or services that compete with Bigdata.com;
10. claim that a Response was human-generated;
11. upload to Bigdata.com any Personal Information that violates the General Data Protection Regulation (GDPR) enacted by the European Union, or the applicable privacy and data protection law of your location;
12. connect a Connected Model to Bigdata.com via MCP that does not operate under Zero Data Retention, or misrepresent a Connected Model's ZDR configuration.
4.6 Third-Party Services
You shall not use Bigdata.com as part of any third-party service, software, platform, or product without express authorization from Bigdata.com. This restriction applies equally to connecting Bigdata.com to a Connected Model that you make available, directly or indirectly, to any third party.
5. Content
1. Searches. You can set filters, commands, and instructions to create a Search, whether typed into the Chatbot, submitted via the API, or issued by your Connected Model over MCP, and Bigdata.com will give you a Response. The Response may be created based on Bigdata Content and your Files, depending on your account and the Providers you have access to.
2. Similarity of Content. Bigdata.com operates using artificial intelligence and the Response you get from Bigdata.com might be the same or similar to the one received by other Customers. As an example, if you ask if Company B declared bankruptcy and what were the reasons, you might have the same or very similar Response to other Customers asking the same or similar question. On the contrary, you might get a different Response from other Customers asking the same or similar questions due to Bigdata.com including other content, such as your Files, that influence the final outcome. Customers with access to different Providers or Premium Content might also experience differences in their answers.
3. No warranties over Responses. Responses may be generated dynamically through automated systems, including artificial intelligence and machine learning models, and may be influenced by user inputs, third-party data, or proprietary algorithms. Bigdata.com makes no guarantees regarding the accuracy, completeness, or reliability of any Response, and all use of such output is at the recipient's sole risk.
4. Use of Searches and Responses by Customers. We don't claim ownership over the Response. The Search you make belongs to you, and we give you the right to use and share the Response for work-related activities as long as you comply with these Terms, including the restrictions in Section 4.5. You are responsible for the Searches and Responses, including ensuring that they don't violate any applicable law.
5. Use of Searches and Responses by Bigdata.com. We will use the Searches and Responses to provide and maintain the Services, comply with applicable laws, enforce our policies, and to improve and develop the Services.
6. Accuracy. Bigdata.com and Responses are the result of artificial intelligence and machine learning, a technology constantly evolving. For that reason, you understand and accept that Bigdata.com is not an error-free technology. You are responsible for evaluating the accuracy of the Response in each case. You acknowledge and agree that the Response is provided on an “as is” and “as available” basis and use of it is at your own risk. No Response constitutes investment, tax, or legal advice, recommendation, representation, endorsement, or arrangement, and none of the same should be relied upon by any person for any reason, including, without limitation, in connection with any investment decision.
7. Files. You give Bigdata.com, its Affiliates, or its trusted third parties the authority to host, access, store, process, and analyze Files, and to use Files to ground a Response. Uploading a File, and any subsequent processing or use of that File to ground a Response, consumes Tokens and is charged under Section 6 in the same manner as other Bigdata Content. We shall not share any Files without your consent, as set forth in our Privacy Policy and in compliance with applicable laws and regulations.
8. Usage Data. RavenPack may use, aggregate, and disclose Usage Data, including for marketing, promotional, benchmarking, and business-development purposes, such as in aggregated statistics, case studies, or industry benchmarking reports. Searches and Responses shall not be deemed Usage Data, and may only be used by RavenPack as set out in this Section 5.8. RavenPack may use Usage Data to adjust its Services and offers reflecting a Customer's preferences, interests, or likely needs, for purposes including personalizing the Services, recommending content or features, and internal analytics. Where such processing involves personal data of an identified or identifiable individual, it will be carried out in accordance with, and subject to the rights described in, our Privacy Policy.
6. Fees and Payment Plans
This Section explains how Bigdata.com charges for the Services: on a pay-as-you-go basis, through a Subscription, or a combination of both.
6.1 Payment Plans
1. Ways to pay. Bigdata.com offers two ways to pay for the Services: pay-as-you-go, where you purchase Token credits in advance, and Subscriptions, where you pay a recurring Fee, each Billing Cycle, for a fixed Included Capacity of Tokens that is renewed every month, either a Monthly Subscription or an Annual Subscription. The specific rates, plans, and Included Capacity available to you are published on Bigdata.com or otherwise made available to you when you purchase Token credits or subscribe.
2. Token-based Fees. All Fees are calculated by reference to Consumption, measured in Tokens. Under pay-as-you-go, each source of Bigdata Content and/or Files carries its own per-Token rate, published on Bigdata.com or made available to you; the total Fee for a given Response is the sum of the Tokens consumed from each source multiplied by that source’s applicable rate. Under a Subscription, that same Consumption instead draws on your Included Capacity, as described in Section 6.3.
6.2 Pay-As-You-Go
1. How it works. Under pay-as-you-go, you purchase Token credits in advance, which are added to your account balance and depleted as you consume Services. There is no periodic invoicing or billing in arrears and no minimum commitment; you may top up your balance at any time. We can correct price errors even after payment is made by you.
2. Credit expiry. Token credits purchased on a pay-as-you-go basis expire twelve (12) months after the date of purchase if unused. Expired credits are forfeited and are non-refundable, except as required by applicable law.
6.3 Subscriptions
1. Subscription. Your Billing Cycle is one month for a Monthly Subscription and one year for an Annual Subscription. The applicable Fee is charged at the beginning of each Billing Cycle, at which time the Included Capacity for that period is made available in full.
3. Rollover. Any unused portion of your Included Capacity at the end of a month will roll over to the following month and remain available for use in addition to the Included Capacity granted for that month. Rolled-over Included Capacity may be accumulated from month to month during the term of your Monthly Subscription or Annual Subscription, unless otherwise specified in your Subscription plan.
4. Reaching your Included Capacity. If you use your entire Included Capacity before the current month ends, further Consumption will be blocked until your Included Capacity refreshes at the start of the next month. You may also purchase additional Token credits on a pay-as-you-go basis, as described in Section 6.2, to keep using the Services before then.
5. Automatic renewal. Subscriptions renew automatically at the end of each Billing Cycle, for another Billing Cycle of the same length, at the then-current Fee, charged to the payment method on file, unless you cancel before the renewal date.
6. Cancelling a Subscription. You may cancel a Subscription at any time through your account settings on Bigdata.com or by emailing cancellations@bigdata.com. Cancellation stops future renewals and takes effect at the end of your current Billing Cycle; until then, you keep access to the Services and any remaining Included Capacity. Amounts you have already paid, including the full upfront Fee for an Annual Subscription, are not refunded because you cancel, except as set out in Section 6.10.
7. Switching plans. You may switch between pay-as-you-go, a Monthly Subscription, and an Annual Subscription at any time. Upgrades to a higher-tier plan will take effect immediately (or at such other time as we specify). Downgrades to a lower-tier plan will take effect at the start of your next Billing Cycle.
6.4 Fees for Files
Uploading a File, and any subsequent processing or use of that File to ground a Response, consumes Tokens. Under pay-as-you-go, this is charged at the rate published for File processing on Bigdata.com, in the same manner as Public Content and Premium Content. Under a Subscription, it draws on your Included Capacity in the same way.
6.5 Payment Methods
You can choose your preferred payment method and shall provide Bigdata.com all necessary billing information. You authorize Bigdata.com, its Affiliates, and its third-party payment processor(s), to charge your payment method for the Fees, including recurring Subscription Fees. Fees are payable in the chosen currency: at the time you purchase Token credits under pay-as-you-go, or at the start of each Billing Cycle under a Subscription.
6.6 Taxes
All Fees due are exclusive of sales, use, value-added and all other taxes and duties payable (collectively “Taxes”) in respect of such consideration, which shall be paid by you at the rate and in the manner prescribed by law. Bigdata.com shall collect and remit the appropriate taxes at the time of payment by Customer, unless Customer provides evidence satisfactory to Bigdata.com that the transaction is exempt from taxation. All amounts shall be paid in full without any setoff, recoupment, counterclaim, deduction, debit or withholding for any reason.
6.7 Price Changes
We reserve the right to modify per-Token rates and Subscription Fees, for Bigdata.com’s own share and to pass through changes in Provider rates, by posting a notice to your account or to our website. A change to per-Token rates applies prospectively, to Consumption occurring after the effective date of the change. A change to a Subscription Fee applies from your next renewal after the effective date of the change.
6.8 Suspension of Services
We reserve the right to suspend your access to the Services without liability to you if your use of the Services is in violation of these Terms.
6.9 Disputing a Charge
If you want to dispute any Fees, Taxes, or Token deduction, please contact ar@bigdata.com within thirty (30) days of the date of the disputed charge or Token deduction. After this period, Fees, Taxes, and Token deductions will be considered accepted by you.
6.10 Refunds
Payments made to Bigdata.com, whether for pay-as-you-go Token credits or Subscription Fees, are non-refundable, except where Bigdata.com terminates your account without cause. In that case, you are eligible for a prorated refund of any Fees you have already paid for periods after the effective date of termination, for example, the remaining, not-yet-started months of a prepaid Annual Subscription. This does not entitle you to a refund or credit for Included Capacity or Token credits that went unused before termination. Any eligible refund will be processed through the same payment method used for the original transaction, unless otherwise agreed upon by Bigdata.com and the Customer.
6.11 Right of Withdrawal (EEA and UK Consumers)
If you are a consumer resident in the European Economic Area or the United Kingdom, you would ordinarily have a right to withdraw from a purchase within fourteen (14) days without giving any reason. By purchasing Token credits or subscribing to a Monthly or Annual Subscription, you expressly request that we begin supplying the Services to you immediately, and you acknowledge that: (a) once we have begun supplying digital content or services that are not on a tangible medium, or once a Search has been made and Tokens have been consumed, your right of withdrawal is lost to that extent; and (b) if a right of withdrawal remains available for any unused, unconsumed part of your purchase, we may deduct the value of the Services already supplied before refunding the balance. This Section 6.11 does not limit any other right you may have under Section 6.10.
7. Term
1. Term. These Terms are applicable from the moment you create an account with Bigdata.com and remain in effect until terminated.
2. Termination by Customer. You may stop using the Service at any time by either (a) sending an email to cancellations@bigdata.com, or (b) closing your account through your account settings on Bigdata.com. Termination of your account does not affect any fees incurred or amounts due prior to the effective date of termination.
3. Termination by RavenPack. We may terminate or suspend your access to the Service for any reason upon providing at least thirty (30) days' prior written notice. We may also suspend or terminate your access to the Service immediately upon notice if: (a) you breach these Terms of Service or any other applicable agreement; (b) changes in our relationships with third-party technology providers beyond our reasonable control prevent us from providing the Service; (c) suspension or termination is necessary to comply with applicable law, regulation, court order, or governmental request; (d) your use of the Service poses a security risk to us, the Service, or any third party; or (e) we reasonably believe your use is fraudulent, unlawful, or could expose us or any third party to liability.
4. Effect of Termination. Upon termination, you will immediately cease to access Bigdata.com and use its Services, cease exercising any further Grounding Rights, and delete (or return, at our sole discretion) any and all copies of Bigdata Content stored in violation of Section 4. You understand that after termination you will not be able to access Bigdata.com and we may have deleted all data relevant to your account, including but not limited to Files, Searches, and Responses. Termination also ends any active Subscription; any refund you may be owed for prepaid Fees is governed by Section 6.10.
8. Confidentiality, Security and Data Protection
1. Confidentiality. When accessing Bigdata.com and using the Services we may disclose or make available to you Confidential Information. You will exercise due diligence to maintain all Confidential Information and will use it solely in connection with the Services. “Due diligence” shall mean at least the same precautions and standard of care which a reasonable person in such a business would use to safeguard proprietary information of its own and its other clients. We will equally exercise due diligence with all Confidential Information you share with us, including documents, information, and data uploaded to Files.
2. Exclusions to Confidential Information. Confidential Information does not include information that: (a) was rightfully known by you without restriction on use or disclosure prior to such information being disclosed or made available by us; (b) was or becomes generally available to the public other than by your noncompliance with this Agreement; (c) was or is received by you on a non-confidential basis from a third party that was not, at the time of such receipt, known by you to be under any obligation to maintain its confidentiality; or (d) was or is independently developed by you without reference to or use of any Confidential Information.
3. Security. We shall employ all physical, administrative, and technical controls, screening and security procedures, and other safeguards reasonable to help secure your access to Bigdata.com and the use of the Services.
4. Control. You have and will retain sole responsibility for: (i) all Files and data, including their content and use; (ii) all information, instructions, and materials provided by you in connection with the Services; (iii) your information technology infrastructure, including your Connected Model and any computers, software, databases, or networks, whether operated directly by you or through the use of third-party services (“Customer Systems”); (iv) the security and use of your access credentials, API keys, and MCP connection credentials; (v) all access to Bigdata.com and use of the Services, including all Consumption, all results obtained from, and all conclusions, decisions, and actions based on such access or use; and (vi) any harm caused by Customers or Connected Models, including those not authorized to have access to the Service but who were able to gain access because credentials were not deactivated on a timely basis in your Customer Systems.
5. Data Protection. You hereby acknowledge and agree that to have access to Bigdata.com and to use its Services, Bigdata.com may need to process, transmit and/or store your Personal Information (defined per Art. 4(1), EU Reg. 2016/679). By submitting such Personal Information to us, you agree that we may process, transmit and/or store it only to the extent necessary for, and for the sole purpose of, enabling us to perform our obligations under these Terms. In relation to all Personal Information provided by you to us, you will be responsible as sole Data Controller for complying with all applicable data protection laws such as the GDPR. You agree to obtain all necessary consents and make all necessary disclosures before including Personal Information in Files and using the Services. You confirm that you are solely responsible for any Personal Information that may be contained in Files, Searches, or Responses processed by your Connected Model.
9. Indemnification; Disclaimer of Warranties; Limitations on Liability
1. Indemnity. You will defend, indemnify, and hold harmless Bigdata.com, its Affiliates, its directors, and its personnel, from and against any claims, losses, liabilities, and expenses (including but not limited to attorneys' fees and costs) arising from or relating to your use of the Services, your Files, your Connected Model (including any failure of your Connected Model to comply with Zero Data Retention or with the restrictions in Section 4), products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
2. Limitations of liability. RAVENPACK AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“THE RAVENPACK PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO THE CUSTOMER, OR ANY THIRD PARTY, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE RAVENPACK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IN NO EVENT WILL THE LIABILITY OF THE RAVENPACK PARTIES ARISING OUT OF ANY CLAIM RELATED TO THESE TERMS AND/OR THE USE OF BIGDATA.COM AND ITS SERVICES OR THE SUBJECT MATTER HEREOF EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE RAVENPACK PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL THE RAVENPACK PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY DIRECT DAMAGES OR EXCLUDED DAMAGES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT OR OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE BIGDATA.COM SERVICES, INCLUDING ANY RESPONSE GENERATED BY, OR ANY ACTION TAKEN BY, YOUR CONNECTED MODEL.
3. Warranty Disclaimer. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE BIGDATA.COM SERVICES, ANY COMPONENT THEREOF, THE CONTENTS THEREIN (INCLUDING PUBLIC CONTENT AND PREMIUM CONTENT), AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND RAVENPACK AND ITS LICENSORS DO NOT MAKE ANY AND HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. UNDER NO CIRCUMSTANCES SHALL THE API, THE BIGDATA CONTENT, THE RESPONSE, AND/OR THE SERVICES PROVIDED HEREIN BE CONSTRUED AS A BUY OR SELL RECOMMENDATION, OR INVESTMENT OR TAX ADVICE OF ANY KIND. CUSTOMER ACKNOWLEDGES THAT IT IS RESPONSIBLE FOR DETERMINING THE NATURE, POTENTIAL VALUE AND SUITABILITY FOR ITSELF OF ANY PARTICULAR SECURITY, TRANSACTION OR INVESTMENT STRATEGY AND THAT NEITHER RAVENPACK NOR ITS LICENSORS GIVES SUCH ADVICE OR RECOMMENDATIONS.
10. Dispute Resolution
1. Direct Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms, whether arising in contract, tort or otherwise (a “Dispute”), you shall first contact us to resolve the Dispute in an amicable manner. If a Dispute arises, you shall provide us with written notice at legal@bigdata.com in an email titled “Initial Notice of Dispute,” specifically setting forth the precise nature of the dispute. Following receipt of the Initial Notice of Dispute, we shall contact you to learn more about the Dispute, negotiate in good faith, and attempt to reach a just and equitable solution of the Dispute that is satisfactory to both parties (“Direct Dispute Resolution”). If the parties are unable to reach a resolution through Direct Dispute Resolution within sixty (60) days of receipt of the Initial Notice of Dispute, the Dispute may subsequently be resolved in a court of law as set forth below. If you reside in the EU, the European Commission provides an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr
2. Jurisdiction. The sole jurisdiction and venue for any litigation arising out of these Terms will be an appropriate federal or state court located in the Borough of Manhattan in the City of New York, the United States of America.
3. No class actions. These Terms must be construed as if jointly written by both parties. Both Customer and Bigdata.com agree that each may bring or participate in claims against the other only in their respective individual capacities, and not as a plaintiff or class member in any purported class. No claim under these Terms shall be joined to any other claim, including any claim involving any other current or former Customer of the Services, and no class arbitration proceedings shall be permitted. Any dispute concerning the validity or enforceability of this provision must be adjudicated by a court.
4. Severability. If any provision of these Terms will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that these Terms will otherwise remain in effect.
11. Miscellaneous
1. No Partnership. Neither these Terms, accessing Bigdata.com, nor the use of its Services shall be construed or deemed to have established any joint venture or partnership or created the relationship of principal and agent between the Parties.
2. Trademarks. You are not allowed to use our name, logo, or trademarks, including but not limited to Bigdata.com.
3. Copyright Complaints. If you believe that your intellectual property rights have been infringed, please write to us at legal@bigdata.com. We will evaluate your complaint and may terminate accounts of infringers. Your complaint should include all relevant evidence of the infringement, such as a description of the copyrighted work and a description of where the infringing material is in Bigdata.com.
4. Modifications. From time to time, we may modify these Terms of Service. Unless otherwise specified by us, changes become effective for you immediately. We will use reasonable efforts to notify you of the changes through communications via your account, email, or other means. You may be required to click to accept or otherwise agree to the modified Terms.
5. Notices. All notices should be provided in writing. We will notify you using the email address you provide us when creating your account. You can notify us via post mail at Centro Negocios Oasis, Local 8, Ctra Nacional 340, KM 176, RavenPack, Marbella, Malaga 29602, Spain, and at legal@bigdata.com.
6. Export Control. In its use of the Services, you agree to comply with all export control and economic sanctions and any relevant import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing: (i) you represent and warrant that you are not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government export control embargo or economic sanctions; (ii) you will not (and will not permit any of your Authorized Users or Connected Models to) access Bigdata.com or use the Services in violation of any U.S. export control or economic sanction, prohibition or restriction; and (iii) you will not submit to the Services any information that is controlled under the U.S. International Traffic in Arms Regulations or that is controlled under any Export Control Classification Number (other than EAR99) on the Commerce Control List of the Export Administration Regulations.
7. Waiver. If we decide to not take immediate action in case of your violation of these Terms, it does not mean Bigdata.com is giving up any of our rights.
8. Entire Agreement. These Terms contain the final and entire agreement between the parties and supersede all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding the Terms' subject matter.
9. Force Majeure. You understand and agree that we won't be liable or responsible, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition, any complete or partial government shutdown, or national or regional shortage of adequate power, telecommunications, or transportation.
10. Adblocking Policy. Use of adblockers or similar technologies that interfere with Bigdata.com is prohibited and may result in restricted access or service limitations.
