Terms of Services

Terms & Conditions

Bigtos: Terms Of Use

By using bigtos.com website and all services of bigtos.com, you are agreeing to be bound by the following terms and conditions (“terms of service”).

“you” or “customer” or refers to the individual/businesses who is using or accessing the product or is registered to use the product either directly with bigtos or through a third party or, if an individual is using the product on behalf of an entity and is authorized to act on behalf of such entity, then “you” refers to such entity. If you do not agree with the terms of this agreement, do not download, install, use or access the product.

Accepting These Terms

If you access or use the service, it means you agree to be bound by all of the terms below. So, before you use the service, please read all of the terms. If you don't agree to all of the terms below, please do not use the service.

Violation of any of the terms below will result in the termination of your account. You agree to use the service at your own risk.

Changes To These Terms

Bigtos reserves the right to update and change the terms of service from time to time without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the terms of service. Continued use of the service after any such changes shall constitute your consent to such changes.

Eligibility

You affirm that you are of legal age and are otherwisefully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement. The product is not intended for use by persons under the age of 18 years.

Customer’s Obligations

1. Customer will use the service to provide its customers with whatsapp messages for customer care and relations purposes.
2. Customer assumes full responsibility for the text, links, numbers and in general of the content of the whatsapp messages sent through the service. You, as a user, are solely responsible for all the content and actions you promove by the use of the services under your account.
3. Customer warrants and undertakes that it will
   • (i) use the service for lawful purposes and comply with all laws and regulations of the customers’ countries relating to the sending and contents of its whatsapp messages (including but not limited to, according to countries, the obligations on specific days and times for sending whatsapp messages, customer’s pre-contractual information, prohibition over contents, respect of law and order);
   • (ii) obtain and maintain all necessary permits, consents, authorisations or certifications for sending the whatsapp messages and the contents (including, without limitation, those from customers, owners of database, copyrights or performing rights organisations) and that the contents does not infringe the intellectual property or other rights of any person.
   • (iii) provide promptly any information relating to the contents, reasonably requested by bigtos requested by any network operator and/or legal, governmental, regulatory or statutory authority.
   • (iv) immediately comply with such directions as may be issued from time to time by a network operator and/or legal, regulatory, governmental and/or statutory authority in relation to the contents and will fully cooperate with bigtos’s request for assistance in conforming the service to any new requirements or determinations. Customer will immediately inform bigtos if any third party makes or threatens any claim or action against it, or bigtos.
4. Customer acknowledges that the following facebook terms and conditions apply, that they’re periodically updated by facebook and that they can be consulted on-line at the url below. Customer acknowledges in particular that, among other facebook provisions, the use of the service for marketing and gaming activities is forbidden. Customer furthermore agrees to these additional terms are deemed incorporated into the contract by reference. https://www.whatsapp.com/legal/business-solution-terms.

Limitation On Use

Bigtos products & services may be used for internal business or consumer purposes only. You will not reproduce, resell, or distribute the product & service or any reports or data generated by the product for any purpose unless you have been specifically permitted to do so under a separate agreement with bigtos.

You shall not engage in any activity or use the product in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the product, or any servers or networks connected to the product or bigtos security systems.

No Warranties

You understand and agree that the product is provided “as is” and bigtos, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Bigtos, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the product, regarding the accuracy or reliability of any information obtained through the product or that the product will meet any user’s requirements, or be uninterrupted, timely, secure or error free. Use of the product is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the product is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the product. The entire risk arising out of use or performance of the product remains with you. Bigtos does not assume any responsibility for retention of any user information or communications between users. Bigtos cannot guarantee and does not promise any specific results from use of the product. Use is at your own risk. You agree to indemnify, defend and hold harmless bigtos, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the product, your violation of this agreement or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the product is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, bigtos, its affiliates, suppliers and resellers specifically disclaim any express or implied warranty of fitness for such purposes.

Limitation Of Liability

To the maximum extent permitted by applicable law, in no event will bigtos or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the product or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory, even if bigtos, its affiliates, suppliers or resellers have been advised of the possibility of such damages. In any case, bigtos’s, its affiliates’, suppliers’ and resellers’ maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by you for the product (if any) in the twelve (12) months preceding the event or circumstances giving rise to such claims.

Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

Refund Policy

We don’t provide any refunds for fees related to bigtos accounts. These are billed in advance on a monthly basis.

Email And Web Support

Customer will generally have access to bigtos’s technical support from 10:00am to 6:00pm ist (gmt+5:30) on weekdays (other than holidays observed by bigtos) through email support, or through the web site using our chat widget, or by mailing us on support@bigtos.com

Miscellaneous

1. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Customer shall neither use the website for illegal activities nor activities that may be regarded to be a criminal offence against the rights of third parties or in violation of any applicable law.
3. You understand that bigtos uses various third party software services, other vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.
4. Bigtos.com reserves the right to modify, suspend, or discontinue the service at any time for any reason with or without notice.
5. Bigtos.com reserves the right to change our monthly/annually fees upon 7 day’s notice. Fee change will be notified per email to all our subscribers and will be reflected on the pricing page at https://www.bigtos.com/price.
6. Customer acknowledges and agrees that bigtos.com may store, use, reproduce, modify, and transfer to its subcontractors, customer data, including personal data, solely in connection with delivering the services under this agreement. Customer further acknowledges and agrees that bigtos may store, use, reproduce, modify, and transfer data that is not related to an identified or identifiable natural person, including aggregated or de-identified data, without limitation, for its internal business purposes, including but not limited to such purposes as analytics, quality assurance, product and service improvement, and new product and service development. Customer agrees to cause any administrative user, customer’s customer, and chat participant to agree to the terms.
7. You may not contribute, submit or disseminate with any propaganda, religious and/or political views, or information that may be deemed racists, xenophobic, pornographic, supportive of terrorism or that violates human rights. Furthermore, you may not defame, harass or offend other people through the use of the services.
8. Bigtos is not in any way responsible for any information lost or damaged resulting from unauthorised access to your account or use of your login details. If you infer or suspect any unauthorised use of your account, you must immediately notify bigtos.
9. These terms and conditions will be governed and interpreted in accordance with indian legislation.

Termination

If you breach any of these terms, we have the right to suspend or disable your access to or use of the service.

Entire Agreement

These terms constitute the entire agreement between you and bigtos.com regarding the use of the service, superseding any prior agreements between you and bigtos.com relating to your use of the service.