1. Agreement to Terms
These Terms of Service (“Terms”) govern access to and use of the Client Onboarding System (“Platform”) operated by Think Big Technology LLC (“Think Big Technology,” “we,” “us,” or “our”). By accessing or using the Platform you agree to be bound by these Terms and our Privacy Policy. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Eligibility and Accounts
You must be at least 18 years of age and capable of forming a binding contract to use the Platform. Account administrators are responsible for ensuring that all authorized users maintain accurate information, keep credentials secure, and comply with these Terms. You are responsible for all activity occurring under your account and must notify us immediately of unauthorized access.
3. Acceptable Use
You agree not to misuse the Platform or assist anyone else in doing so. Prohibited conduct includes:
- Uploading unlawful, infringing, or harmful content.
- Interfering with or disrupting the integrity or performance of the Platform.
- Attempting to gain unauthorized access to systems or networks connected to the Platform.
- Reverse engineering or decompiling the Platform except as permitted by law.
- Using the Platform to send unsolicited or deceptive communications.
4. Client Responsibilities
You are responsible for the accuracy of information you submit through the Platform, obtaining consent from individuals whose data you share, and using the Platform in accordance with applicable laws. You must ensure that uploaded files are scanned for malware and do not violate third-party rights.
5. Intellectual Property
We retain all rights, title, and interest in and to the Platform and related intellectual property. Granting you access does not transfer any ownership rights. You retain all rights in your content and grant us a limited license to host, process, and transmit that content as necessary to provide the Platform’s functionality.
6. Confidentiality
We will treat client data submitted through the Platform as confidential and use it solely to provide agreed-upon services, except where disclosure is required by law. You agree to keep non-public features, documentation, and security credentials confidential.
7. Payment and Subscriptions
Subscription fees and payment schedules are defined in the applicable order form or master services agreement. Fees are non-refundable unless otherwise stated. Late payments may result in service suspension or termination.
8. Service Availability
We strive to maintain reliable availability but do not guarantee uninterrupted access. Planned maintenance and updates may require temporary downtime. We will provide reasonable notice when practicable.
9. Disclaimer of Warranties
The Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be error-free or meet your requirements.
10. Limitation of Liability
To the maximum extent permitted by law, Think Big Technology shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill arising out of or relating to the Terms or the Platform. Our total aggregate liability for any claim will not exceed the amounts paid for access to the Platform in the twelve (12) months preceding the event giving rise to the claim.
11. Indemnification
You agree to defend, indemnify, and hold harmless Think Big Technology and its affiliates from any claims, losses, or damages arising out of your use of the Platform, your breach of these Terms, or your content, except to the extent a claim results from our gross negligence or willful misconduct.
12. Termination
Either party may terminate use of the Platform if the other party materially breaches these Terms and fails to cure within thirty (30) days of written notice. Upon termination, your right to access the Platform ends and you must cease use immediately. Certain provisions, including Sections 5, 6, 9, 10, 11, and 13, will survive termination.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles. The parties agree to attempt informal resolution of disputes before initiating formal proceedings. Any unresolved dispute will be settled exclusively in the state or federal courts located in New Jersey, and the parties consent to personal jurisdiction in those courts.
14. Changes to These Terms
We may update these Terms periodically. If changes are material we will provide reasonable notice prior to the effective date. Continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.
15. Contact Information
For questions about these Terms, contact us at connect@thinkbigtechnology.com or by mail at Think Big Technology LLC, Attn: Legal, 32 Heckel St, Belleville, NJ 07109, USA.