About Us and These Terms
1. Hi, we’re BigMoves PTY LTD, and welcome to BigMoves.io – a marketplace for AI automation templates designed by creators from around the globe. When we say ‘we’, ‘us’, or ‘BigMoves’, it’s because that’s who we are, and we own and operate the BigMoves.io platform.
2. By creating an account on BigMoves.io and accepting these terms, you become a member of our community. While you’re with us, you agree to follow the guidelines outlined in these terms. Please read and understand them carefully. If you don’t accept these terms, we’ll be disappointed, but you’ll need to leave, as your presence on and use of the BigMoves.io platform is conditional on your agreement to be bound by these terms, regardless of whether you choose to become a member or not.
3. The products available on BigMoves.io are owned by the respective rights holders (i.e., the creators). They are licensed to you under the terms of the BigMoves Product License, as updated periodically, at the direction of the creators.
How Browsing and Membership Works
4. Browsing: You need to be 16 years or older to browse BigMoves.io. We do not knowingly collect any information from anyone under the age of 16. When browsing BigMoves.io, these terms and conditions, along with any other applicable guidelines, policies, and instructions (which are available on our Help page), apply to your use of BigMoves.io, regardless of whether or not you’re a member.
5. Content Available to Browsing Users: In certain areas of BigMoves.io, some content may be accessible without requiring a BigMoves.io membership or subscription. Any content available to you without membership or subscription is also subject to the BigMoves Product License.
Becoming a Subscriber
6. Age: You must be 18 years or older to become a Subscriber. If you’re under 18, you’ll need to use the account of a parent or legal guardian who is at least 18 years old, with their permission. This adult will be responsible for all your activities on BigMoves.io.
7. Subscription Types and Individual Purchases: When you become a Subscriber, you can access our library of AI automation templates, which must be used in accordance with the BigMoves Product License. We offer the following options:
- Individual Subscription: This is a single-user subscription, available for individual use only. Sharing the subscription with others is not permitted.
- Individual Product Purchases: You can also make one-time purchases of individual products without a subscription.
- Multi-Seat and Enterprise Subscriptions: For multi-seat or enterprise subscriptions, please contact us directly to discuss the appropriate plan and to set up an account tailored to your needs.
8. Authority to Agree to These Terms: If you’re registering on behalf of a company or organization, both you and the individual who signs up represent and warrant that this individual has the authority to bind your company or organization to these terms.
9. Your Responsibility: You agree that the information you provide is true, accurate, and complete, and you will keep your account information updated (including a current email address). Your subscription is non-transferable. You are responsible for any use of BigMoves.io that occurs under your username and password, so keep your password secure and do not share it with anyone. If you become aware of any unauthorized use of your password or any security breach, you must notify us immediately.
How Downloading and Registering Products Works
- What Do You Get When You Download and Register a Product?
a. License: When you download a product as a Subscriber, you’ll be prompted to register it. Upon registration, you’re granted a BigMoves Product License, which allows you to use that product for the specific purpose you designate during the registration process. If you have a multi-seat or enterprise subscription, the license applies to the authorized users designated at the time of account setup.
b. No Ownership: By downloading or registering a product, you aren’t acquiring ownership of the product itself, only a license to use it. All products are subject to the terms of the BigMoves Product License, which governs the permitted uses and restrictions.
c. Effect of Ceasing Subscription: Since BigMoves.io offers both subscription services and individual product purchases, the rights granted under a license may vary. For products acquired through an individual purchase, your license remains valid indefinitely for the registered purpose. However, if you acquired products through a subscription, some rights may only be applicable while your subscription is active. For products registered to specific projects, they retain a valid license after the subscription ends. Please refer to the BigMoves Product License for more detailed information on usage rights.
d. Services: As a Subscriber, you also receive additional services from us, such as account support, fraud protection, and quality control for the product library.
e. Support: We strive to ensure that all products meet high standards. However, due to the nature of subscription downloads, the level of post-purchase support for products may differ from what is available for individually purchased products. If your project requires extensive support, please consider purchasing individual products or contacting us for tailored solutions.
Third-Party Products and Services
11. As a Subscriber, you may have access to or be eligible for special offers related to products and services provided by our partnered suppliers (“Third-Party Offers”). Information about these Third-Party Offers will be available on our website.
12. You are under no obligation to redeem any Third-Party Offer. However, if you choose to do so, you will be purchasing the relevant product or service directly from the third-party supplier, not from BigMoves.io.
13. The redemption of any Third-Party Offer is subject to the terms and conditions set by our partners. You should review and agree to the applicable terms and conditions before redeeming any Third-Party Offer.
14. Descriptions of products and services included in any Third-Party Offer, as well as any associated links, are provided by the suppliers. While we strive to ensure the accuracy of these descriptions, the suppliers are solely responsible for the representations made within them. BigMoves.io does not endorse or take responsibility for any third-party products or services.
15. Third-party suppliers may make additional promises to you as required by law. Be sure to review their terms and conditions to understand any such obligations.
Transacting as a Subscriber
Please take a moment to understand the terms associated with your purchase. This section provides important details regarding your transaction.
16. Payment Methods: You can pay for your subscription via PayPal or credit card. Depending on the payment method you choose, a handling fee may apply.
17. Agreement to Payment Terms: By subscribing, you agree to the specific payment terms associated with your selected method, as communicated at the time of purchase. If you sign up for a free trial or introductory offer, your subscription will automatically renew at the rate and frequency specified when the trial or offer began.
18. Failed Payments: If you choose a recurring payment option, such as monthly billing via credit card or PayPal, and a payment fails, we may suspend your subscription immediately until the payment is made. In the event of a suspension, your rights under these terms and the BigMoves Product License will also be suspended.
19. Currency Conversion Costs: We currently do not support currency conversions. If your payment requires conversion, your financial institution will handle it and may charge additional fees. These are beyond our control.
20. Terms of Subscribing: By subscribing to BigMoves.io, you agree to the following:
a. You acknowledge that you understand the permitted uses and restrictions for products under the BigMoves Product License.
b. Neither BigMoves.io nor the creators guarantee that any specific product will remain available on the platform indefinitely.
c. Once you register a product, you receive a non-exclusive license to use it under the terms of the BigMoves Product License, meaning that others may also license the same product.
d. You do not gain ownership rights to any downloaded product.
21. Taxes:
a. All prices and fees include relevant transactional taxes (e.g., VAT or GST) where applicable. Our promotional materials will indicate whether the price is inclusive or exclusive of these taxes.
b. You are responsible for any additional taxes or fees associated with your use of BigMoves.io, including withholding tax if it applies. If necessary, we may collect information regarding your geographical location to determine tax obligations, so it is essential that the location information you provide is accurate.
Memory updated
Here’s the updated section with the correct refund details for BigMoves.io:
Refunds and Cancellations
Understanding how refunds work is important before making a purchase.
22. Refund Policy: For individual purchases, we offer a 30-day refund period, with an extended 60-day refund period for Massive Moves Members. However, refunds for subscriptions are not available if the $25 quarterly credit has already been used. Refunds may also be issued if there is a change to these terms that significantly impacts you negatively or as required by Australian consumer law or other relevant consumer protection laws. If you wish to request a refund, please open a help request.
23. Evaluating Refund Requests: We assess refund or credit requests based on their individual circumstances. Generally, refunds or credits are not issued in the following situations:
a. You have changed your mind about the subscription.
b. You subscribed by mistake.
c. You lack the expertise to use the purchased products.
d. You request a refund for goodwill.
e. You can no longer access a product because it has been removed from BigMoves.io (we recommend downloading products immediately after registration to avoid this).
24. Refund Processing: If we decide to issue a refund, it will typically be processed using the original payment method. Any refund will be made in the currency offered at the time of purchase, subject to the payment method’s rules.
25. Payment Disputes: If you lodge a dispute with a payment agent regarding a transaction, your BigMoves.io subscription and account will be frozen until the dispute is resolved. This can complicate resolving any related issues, so we encourage you to contact us directly first to discuss any concerns.
26. Credits: Any credit provided to your account is not considered a deposit under Australian law. As such, credits are not covered by deposit insurance or guarantee protections, and BigMoves.io does not act as a fiduciary or trustee in holding these credits.
27. Subscription Cancellation: You may cancel your BigMoves.io subscription at any time, and you will retain access to the platform until the end of your current billing period.
28. Refunds Upon Cancellation: If you cancel your subscription without cause from a change in our terms that materially affects you negatively, you will not receive a refund for the remainder of your billing period.
29. How to Cancel: To cancel your subscription, please follow the cancellation instructions provided on our website. Upon cancellation, your account will close at the end of your current billing period, and you will no longer have access to download new products or use previously licensed products as part of any project, even if downloaded prior to cancellation.
Intellectual Property
30. Our Ownership: We own all the content that BigMoves.io has created and published on the platform (unless otherwise specified and excluding content owned by third parties). This includes the design, layout, and overall aesthetic of the BigMoves.io site, along with copyrights, trademarks, designs, and other intellectual property. We also own all trademarks, logos, service marks, and trade names on BigMoves.io (unless otherwise indicated and excluding any owned by others). You may not copy, distribute, modify, or create derivative works from any of BigMoves.io’s content or use any of our intellectual property outside the permissions expressly provided in these terms.
31. Content We Don’t Own: While we do not own the individual products available on BigMoves.io, those are owned by the creators. However, we hold the rights to sublicense these products to you under the terms of the BigMoves Product License.
32. Intellectual Property Claims: We respect the intellectual property rights of others. If you believe that any content or product on BigMoves.io infringes on intellectual property rights (including copyright), please refer to our Intellectual Property Policy. This policy outlines how we handle intellectual property matters on BigMoves.io, including issues related to copyright and other rights.
Our Use of Your Information
33. Privacy: We are committed to respecting your privacy and handling your information in line with our Privacy Policy, which outlines how we manage your data.
34. Confidential Information: We value your information and take reasonable steps to protect it. While using BigMoves.io, you may come across confidential information about us or other users. You agree not to disclose any confidential information you access through BigMoves.io to others.
Playing Fair
35. Prohibited Conduct: Your activities on BigMoves.io, including the use of content and products, must comply with our published policies, which include our Acceptable Use Policy and any other guidelines available on the BigMoves.io site.
Linking and Third-Party Content
36. Linking to BigMoves.io: We reserve the right to require you to discontinue any link to BigMoves.io and may revoke your permission to link to our site at any time.
37. Links from BigMoves.io: The BigMoves.io platform and product downloads may include links to external sites not controlled by us. We do not have responsibility for the content of these sites and do not endorse or sponsor them, even if they are affiliated with BigMoves.io.
Legal Considerations
38. Eligibility, Suspension, or Termination: Becoming a Subscriber is a privilege for those who adhere to our terms and policies. We hope you’ll be part of our community long-term, but we retain the right to determine, at our discretion, whether your use of BigMoves.io aligns with these terms. We may suspend or terminate your subscription at any time if:
a. You breach these terms;
b. Your actions are inconsistent with the values of our community; or
c. Your actions may cause harm to us or other users.
39. If your BigMoves.io account is permanently terminated, you must not attempt to create a new account, as you will no longer be welcome in our community.
40. BigMoves.io and Associated Entities: Any indemnities, disclaimers, or limitations of liability provided in these terms apply to BigMoves.io and any affiliated entities. BigMoves.io may enforce these provisions on behalf of other associated entities as necessary.
41. We may use the services of associated entities to process payments or carry out other activities related to BigMoves.io.
Pricing
42. Geographical Pricing: The cost of your BigMoves.io subscription may differ based on your location. We may offer special pricing, plans, or promotions that are restricted to specific regions or are available for a limited time. We may use information such as your geographic location, account details, or payment method to determine eligibility for these offers. Eligibility is determined at our discretion, and we reserve the right to adjust your subscription pricing if we find that you are not eligible for a particular plan, price, or promotion based on your location.
43. Price Changes: We reserve the right to modify our pricing at any time. Any changes to pricing will take effect no sooner than 21 days after we provide notice to you.
Liability and Indemnity – Between Us and Subscribers
44. Indemnification: You agree to indemnify BigMoves.io against any losses, costs (including legal fees), expenses, claims, or liabilities that we incur as a result of, or in connection with, any third-party claim arising from your use of BigMoves.io, its products, or any services linked to third-party offers. This indemnity does not cover losses arising from our own gross negligence, willful misconduct, or breach of contract.
45. Disclaimer of Warranties: To the fullest extent permitted by law, BigMoves.io, its products, and all third-party offers are provided “AS IS.” Except as stated in section 44, we disclaim all express or implied warranties, including but not limited to warranties of non-infringement, merchantability, and fitness for a particular purpose.
46. Limitation of Liability: Our liability to you in relation to BigMoves.io or these terms, whether in contract, tort (including negligence), or otherwise, is limited as follows:
a. We exclude liability for any of the following: loss of revenue, profit, goodwill, customers, capital, reputation, data, or any indirect, consequential, or special damages, except when such loss is caused by our gross negligence, willful misconduct, or breach of contract.
b. Our total aggregate liability to you is limited to the amount you have paid to BigMoves.io in the six months immediately preceding the incident that gave rise to the liability.
47. Service Availability: While we aim to keep BigMoves.io accessible 24/7, there may be instances when access is interrupted, whether due to maintenance, internet issues, or other factors beyond our control. We may also modify aspects of BigMoves.io, including the types of products available, and will provide notice when feasible. BigMoves.io is not liable for any losses you may experience due to such changes or interruptions.
48. Acting on Behalf of Others: If you agree to these terms on behalf of another person or entity, you confirm that you have the legal authority to bind them to these terms. Only actual persons can subscribe to BigMoves.io.
49. Consumer Protections: Certain jurisdictions may have non-excludable warranties or other consumer protections (“non-excludable consumer guarantees”). We do not exclude or modify these guarantees. If applicable, our liability for breach of a non-excludable consumer guarantee is limited to replacement or the cost of replacement, unless otherwise stipulated by law. You are responsible for ensuring that your use of BigMoves.io products complies with any export laws relevant to you.
50. Account and Payment Restrictions: We may block or terminate your subscription, or refuse to process a payment, if we believe it poses a risk—legal or otherwise—to BigMoves.io or its members. This includes payments to or from sanctioned individuals or countries. You confirm that you are not located in a sanctioned country or on any sanctioned persons list. We may take these actions without prior notice.
51. Compliance with U.S. Sanctions: BigMoves.io is unavailable to anyone located in U.S.-sanctioned countries or on the U.S. Treasury Department’s Specially Designated Nationals List (SDN list). You must not export BigMoves.io products to restricted countries or individuals on the SDN list.
52. Relationship Between Parties: These terms do not create a partnership, joint venture, employment, or agency relationship between you and BigMoves.io. Neither party has the authority to bind the other in any manner.
53. Notices: To send us any notice, please use our support request process. We will send any notices to you via the email address associated with your account.
54. Changes to Terms: We may update these terms at any time. We will take reasonable steps to notify you of changes, particularly if they materially impact you. You can monitor changes by checking the version and effective date at the footer of these terms. If a change significantly affects you, you may cancel your subscription under our refund policy. Continued use of BigMoves.io after changes are made constitutes your acceptance of the new terms.
55. Interpretation: Terms like “include” and “including” do not limit the scope and imply “without limitation.” Discretion exercised under these terms is solely at our discretion.
56. Governing Law: These terms are governed by the laws of Queensland, Australia. You agree to submit to the jurisdiction of the courts in Queensland for any disputes that may arise.
