Terms of Service

In these terms the following words have the meanings set out below, whether used in the singular or plural.

• “Company”, “we”, “us” or “our” means BIGBRO LLC, a limited liability company organised under the laws of the State of New Mexico, United States.
• “You” or “Client” means the individual or legal entity accessing the website or receiving services.
• “Website” means bigbrollc.com and any subdomain or page operated by the Company.
• “Services” means consulting, marketing, advertising, strategy, brand development, product development, sourcing and related work performed by the Company.
• “Services Agreement” means a signed statement of work, proposal acceptance, order form or master services agreement between the parties.
• “Deliverables” means reports, creative assets, documents, dashboards, code, plans and other materials supplied under a Services Agreement.

By accessing, browsing or using the Website you confirm that you have read, understood and agree to be bound by these terms and by our Privacy Policy. If you do not agree, you must stop using the Website.

If you accept these terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

These terms govern the Website at all times. They also apply to Services to the extent not modified by a Services Agreement; where there is a conflict, the Services Agreement prevails.

The Website is intended for business users aged eighteen (18) or older. Services are offered business-to-business only and are not directed at consumers.

You may not use the Website or Services if you are subject to United States sanctions, are located in an embargoed jurisdiction, or are otherwise prohibited from receiving services under applicable export control or sanctions law.

Services are provided only under a separate Services Agreement. Nothing on the Website constitutes an offer capable of acceptance, a binding quotation, or a promise to perform work.

Marketing, advertising and commercial outcomes depend on factors outside our control, including market conditions, platform policies, competitor behaviour, pricing, inventory availability and your own execution. We make no representation, warranty or guarantee regarding revenue, ranking, traffic, conversion rates, return on advertising spend or any other commercial result.

Estimates, projections, benchmarks and case figures shown on the Website are illustrative, derived from prior work, and are not a forecast of your results.

Delivery depends on your timely cooperation. You agree to provide, at your own cost, everything reasonably required for us to perform.

• Accurate, complete and lawful information, product data, brand assets and business records.
• Timely access to accounts, advertising platforms, analytics, storefronts and third-party tools, together with any required credentials or permissions.
• A named contact with authority to give approvals and feedback within agreed timeframes.
• All licences, permits, product certifications and regulatory clearances necessary for your products and claims.
• Prompt notice of any change of circumstances materially affecting the engagement.

Fees, currency and billing frequency are set out in the applicable Services Agreement. Unless stated otherwise, retainers are invoiced monthly in advance and project fees are invoiced against milestones.

Invoices are payable within fifteen (15) days of the invoice date unless a different term is agreed in writing. Late amounts may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law, together with reasonable costs of collection.

Fees are exclusive of taxes. You are responsible for all sales, use, value added, withholding and similar taxes, other than taxes on our net income. Third-party costs such as media spend, tooling subscriptions, sampling, freight and certification are billed at cost or as agreed and are additional to our fees.

We may suspend Services on written notice if undisputed invoices remain unpaid more than fifteen (15) days after their due date.

All content on the Website, including text, layout, graphics, photographs, logos, wordmarks and the arrangement of that content, is owned by BIGBRO LLC or its licensors and is protected by United States and international intellectual property law. You may view and print pages for internal business evaluation only.

Deliverables created specifically for you transfer to you on full payment of all amounts due, subject to the paragraph below and to any terms in the Services Agreement.

We retain all rights in our pre-existing materials, methodologies, frameworks, templates, checklists, internal tooling and know-how, including anything developed independently of the engagement. Where such materials are embedded in a Deliverable, we grant you a perpetual, non-exclusive, non-transferable licence to use them as part of that Deliverable for your internal business purposes.

We may describe the general nature of work performed in our portfolio and credentials unless the Services Agreement provides otherwise.

Each party may receive non-public information belonging to the other. The receiving party will use that information only for the purpose of the engagement, protect it with at least reasonable care, and disclose it only to personnel and contractors who need it and are bound by equivalent obligations.

These obligations do not apply to information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law or court order, provided reasonable notice is given where lawful.

Confidentiality obligations continue for three (3) years after the end of the engagement, and indefinitely for trade secrets.

When using the Website you agree not to:

• Attempt unauthorised access to any system, account, network or data.
• Interfere with, disrupt, probe or overload the Website or its infrastructure.
• Scrape, harvest or use automated systems to extract content except for standard search engine indexing permitted by our robots file.
• Reproduce, resell or republish content without our prior written permission.
• Submit unlawful, infringing, defamatory or misleading material through any form on the Website.
• Use the Website to transmit malware or to conduct any fraudulent or deceptive activity.

Our work frequently involves third-party platforms such as marketplaces, advertising networks, payment processors, logistics providers and analytics tools. Your use of those platforms is governed by their own terms, and their availability, policies, pricing and account decisions are outside our control.

The Website may link to third-party sites. Links are provided for convenience only and do not imply endorsement. We are not responsible for third-party content, practices or policies.

The Website and its content are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the Website will be uninterrupted, timely, secure or error free, or that defects will be corrected.

Nothing on the Website constitutes legal, tax, accounting, regulatory or financial advice. You should obtain independent professional advice before acting on any information published here.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, punitive or consequential damages, or for loss of profit, revenue, goodwill, data, anticipated savings or business opportunity, however caused and under any theory of liability.

Our total aggregate liability arising out of or relating to the Website or the Services will not exceed the greater of (a) the fees actually paid by you to us for the Services in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD 100).

These limitations do not apply to liability that cannot lawfully be excluded, including liability for fraud, wilful misconduct or death or personal injury caused by negligence.

You agree to indemnify, defend and hold harmless BIGBRO LLC, its members, officers, employees and contractors from and against any claim, loss, liability, damage, fine or expense (including reasonable legal fees) arising from your breach of these terms, your misuse of the Website, your products or advertising claims, or your infringement of any third-party right.

These terms apply while you use the Website. We may suspend or terminate access, in whole or in part, at any time and without notice where we reasonably believe these terms have been breached or where required for security, legal or operational reasons.

Termination of a Services Agreement is governed by that agreement and by our Refund Policy. Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnity and governing law survive termination.

Neither party is liable for delay or failure to perform (other than a payment obligation) caused by events beyond its reasonable control, including acts of God, natural disaster, war, civil unrest, epidemic, labour dispute, carrier or port disruption, government action, sanctions, utility failure, cyber attack or failure of a third-party platform.

These terms and any dispute arising out of or in connection with them are governed by the laws of the State of New Mexico, United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties will first attempt to resolve any dispute in good faith through discussions between senior representatives for a period of thirty (30) days. If the dispute is not resolved, the state and federal courts located in Bernalillo County, New Mexico have exclusive jurisdiction, and each party irrevocably submits to that jurisdiction and waives any objection based on venue or forum.

Each party waives any right to a trial by jury and agrees that claims will be brought only on an individual basis and not as a class or representative action.

Independent contractors: nothing in these terms creates a partnership, joint venture, agency or employment relationship between the parties.

Assignment: you may not assign these terms without our prior written consent. We may assign to an affiliate or in connection with a merger or sale of substantially all assets.

Severability and waiver: if any provision is held unenforceable, the remainder continues in full force. A failure to enforce a provision is not a waiver of it.

Entire agreement: these terms, together with the Privacy Policy, the EULA, the Refund Policy and any Services Agreement, constitute the entire agreement between the parties on the subject matter and supersede prior discussions.

Notices: notices must be sent in writing to info@bigbrollc.com or to the registered address stated below and are deemed received on the next business day for email and five business days after posting for mail.

We may update these terms from time to time to reflect changes in our services, in law or in operating practice. The version published on this page is the version in force, and the effective date is shown alongside this document.

Material changes affecting an active engagement will be communicated to the client contact by email. Continued use of the Website after publication constitutes acceptance of the revised terms.