Terms of Service

Last updated: April 1, 2026

Effective Date: April 1, 2026

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THE BIGFAME.AI PLATFORM. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BIGFAME INC. ("BIGFAME," "WE," "US," OR "OUR"). BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

1. Agreement to Terms

By accessing, browsing, or using the BigFame.ai website, mobile applications, APIs, or any other services provided by BigFame Inc. (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy (available at bigfame.ai/privacy), and any additional terms, guidelines, or rules that may be posted on the platform from time to time (collectively, the "Agreement").

If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" and "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept this Agreement and may not use the Services.

Your use of the Services is also subject to any policies, guidelines, or rules applicable to the Services that are posted on the BigFame.ai platform or otherwise made available to you. All such policies, guidelines, and rules are incorporated by reference into these Terms.

2. Description of Service

BigFame.ai is a comprehensive digital platform that empowers creators, brands, and businesses through an integrated suite of tools and services. Our platform provides, but is not limited to, the following:

2.1 TikTok Creator Platform

A marketplace and management system connecting TikTok creators with brands for sponsored content, collaborations, and promotional campaigns. This includes creator discovery, campaign management, content approval workflows, and performance tracking.

2.2 AI Brand Matching

Proprietary artificial intelligence algorithms that analyze creator profiles, audience demographics, engagement metrics, and brand requirements to generate optimized partnership recommendations between creators and brands.

2.3 Website Builder

A drag-and-drop website creation platform with customizable templates, responsive design tools, SEO optimization features, and hosting infrastructure for creating professional websites.

2.4 Domain Registration & Management

Domain name search, registration, transfer, and management services through accredited registrar partnerships, including DNS configuration, WHOIS privacy protection, and auto-renewal capabilities.

2.5 CRM (Customer Relationship Management)

Tools for managing customer interactions, lead tracking, sales pipelines, contact management, and customer communication histories to help businesses build and maintain client relationships.

2.6 Marketing Automation

Automated email campaigns, social media scheduling, audience segmentation, drip campaigns, A/B testing, and multi-channel marketing workflow tools to streamline promotional activities.

2.7 E-Commerce

Online storefront creation, product catalog management, inventory tracking, shopping cart functionality, checkout processing, order management, and shipping integration features.

2.8 Third-Party Integrations

Access to over 207 integrations with third-party services, including social media platforms, payment processors, shipping providers, analytics tools, CRM systems, and productivity applications.

2.9 Creator Hub

A centralized dashboard for creators to manage their brand partnerships, track earnings, monitor campaign performance, access educational resources, and connect with the creator community.

2.10 Content Calendar & Scheduling

Planning and scheduling tools for organizing content creation, publication timelines, campaign deadlines, and social media posting across multiple platforms.

2.11 Analytics & Reporting

Comprehensive analytics dashboards providing insights into website traffic, creator performance, campaign ROI, audience demographics, engagement metrics, conversion tracking, and business intelligence reports.

3. Eligibility

To use BigFame.ai, you must meet the following eligibility requirements:

  • Age Requirement: You must be at least 18 years of age. If you are under 18, you may not create an account or use the Services. We do not knowingly collect information from or direct services to individuals under 18.
  • Legal Capacity: You must have the full legal capacity and authority to enter into a binding agreement. If you are entering into these Terms on behalf of a business entity, you represent that you have the legal authority to bind that entity.
  • Jurisdiction: You must be located in a jurisdiction where the use of our Services is not prohibited by applicable law. You are responsible for compliance with all local laws and regulations.
  • Accurate Information: You must provide truthful, accurate, and complete information during registration and maintain the accuracy of such information throughout your use of the Services.
  • Account Limits: You may not maintain more than one (1) personal account. Businesses and agencies may create additional accounts as permitted by their subscription plan.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion if we reasonably believe that you do not meet these eligibility requirements or have otherwise violated these Terms.

4. Account Registration & Security

To access certain features of the Services, you must create an account. When registering, you agree to:

  • Provide accurate, current, and complete registration information, including your legal name, valid email address, and any other required information
  • Maintain and promptly update your account information to keep it accurate, current, and complete
  • Create a strong, unique password and maintain the security and confidentiality of your login credentials
  • Not share your account credentials with any third party or allow others to access your account
  • Immediately notify BigFame.ai at security@bigfame.ai of any unauthorized access to or use of your account or any other breach of security
  • Accept responsibility for all activities that occur under your account, whether or not authorized by you

You may register using third-party authentication services (e.g., Google, TikTok). By using third-party authentication, you authorize us to access certain information from your third-party account as permitted by that service's terms. BigFame.ai is not responsible for the policies or practices of third-party authentication providers.

We reserve the right to suspend or terminate any account that we reasonably believe has been compromised, is being used fraudulently, or violates these Terms. We may also require additional identity verification at any time.

5. Subscription Plans & Pricing

BigFame.ai offers the following subscription tiers. Features, limits, and pricing are subject to change with notice as described in Section 23.

5.1 Free Plan

A no-cost plan with limited access to platform features, including basic website builder functionality, limited creator profile visibility, and access to a subset of integrations. The Free Plan is subject to usage limitations and may display BigFame branding on published websites. BigFame reserves the right to modify or discontinue the Free Plan at any time.

5.2 Pro Plan — $49/month

Designed for individual creators and small businesses. Includes enhanced website builder features, full Creator Hub access, AI brand matching, content calendar, basic analytics, priority support, removal of BigFame branding, and access to expanded integrations. Annual billing available at a discounted rate.

5.3 Business Plan — $149/month

Designed for growing businesses and professional creators. Includes everything in the Pro Plan plus advanced CRM, marketing automation, e-commerce functionality, custom domain support, advanced analytics and reporting, team collaboration features (up to 5 team members), API access, and priority onboarding support.

5.4 Agency Plan — $499/month

Designed for agencies, large brands, and enterprise users. Includes everything in the Business Plan plus white-label options, unlimited team members, multi-client management, advanced API access, dedicated account manager, custom integrations, bulk campaign management, and SLA guarantees. Custom enterprise pricing is available for organizations with specific requirements.

All prices are listed in United States Dollars (USD) unless otherwise specified. Pricing does not include applicable taxes, which will be calculated and added at checkout based on your billing address and applicable tax jurisdiction.

6. Payment Terms & Billing

By subscribing to a paid plan, you agree to the following payment terms:

  • Payment Processing: All payments are processed securely through Stripe, Inc. ("Stripe"). By providing payment information, you agree to Stripe's Terms of Service and Privacy Policy. BigFame.ai does not directly store your full credit card or bank account details.
  • Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, depending on the billing cycle you select at the time of purchase. Your billing cycle begins on the date of your initial subscription purchase.
  • Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle at the then-current rate unless you cancel before the renewal date. You will be charged the renewal fee using the payment method on file.
  • Currency: All charges are in United States Dollars (USD). If your payment method is denominated in a different currency, your financial institution may apply currency conversion fees, which are your responsibility.
  • Failed Payments: If a payment fails, we will attempt to process the charge up to three (3) additional times over a 10-day period. If payment cannot be collected, your account may be downgraded to the Free Plan or suspended until payment is resolved.
  • Taxes: You are responsible for all applicable taxes, duties, and government levies associated with your use of the Services, except for taxes based on BigFame's net income.
  • Price Changes: We may change our subscription pricing at any time. Price changes for existing subscribers will take effect at the start of the next billing cycle following at least thirty (30) days' written notice. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

7. Free Trial Terms

BigFame.ai may offer free trial periods for certain paid subscription plans at its sole discretion. The following terms apply to free trials:

  • Free trials are limited to one (1) per user and per organization. Creating multiple accounts to obtain additional free trials is prohibited and may result in account termination.
  • You may be required to provide valid payment information to start a free trial. Your payment method will not be charged during the trial period unless you exceed usage limits or purchase add-on features.
  • At the end of the free trial period, your subscription will automatically convert to a paid subscription at the applicable rate unless you cancel before the trial expires.
  • We will send a reminder notification at least three (3) days before the trial ends and your paid subscription begins.
  • BigFame reserves the right to modify, suspend, or discontinue free trial offers at any time without prior notice. Trial duration, features, and eligibility criteria may vary.
  • During the free trial, you will have access to the features of the subscribed plan, subject to any limitations disclosed at the time of enrollment.

8. Cancellation & Refunds

8.1 Cancellation

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of your current billing cycle, and you will retain access to paid features until that date. No partial refunds will be issued for unused time within a billing cycle, except as described below.

8.2 30-Day Money-Back Guarantee

New subscribers to any paid plan are eligible for a full refund within thirty (30) days of their initial subscription purchase. To request a refund under this guarantee, contact support@bigfame.ai within the 30-day window. This guarantee applies only to the first subscription purchase and does not apply to renewals, upgrades, add-ons, or domain registration fees.

8.3 Pro-Rata Refunds

If BigFame terminates your account without cause, or discontinues a material feature of the Services that you relied upon, you may be eligible for a pro-rata refund of prepaid but unused subscription fees. Pro-rata refunds are calculated based on the remaining days in your current billing cycle.

8.4 Data Export Period

Upon cancellation or termination, you will have thirty (30) days to export your data, including website files, customer data, creator analytics, and content. After this 30-day period, BigFame reserves the right to permanently delete all data associated with your account. It is your sole responsibility to export any data you wish to retain before the expiration of this period.

8.5 Refund Processing

Approved refunds will be processed to the original payment method within five to ten (5-10) business days. The actual time for the refund to appear on your statement may vary depending on your financial institution.

9. Creator Platform Terms

If you use BigFame.ai as a creator, the following additional terms apply:

9.1 TikTok Integration

By connecting your TikTok account to BigFame.ai, you authorize us to access your public profile information, audience demographics, engagement metrics, and content performance data through the TikTok API in accordance with TikTok's Terms of Service and API policies. You represent that you have the authority to grant such access and that your use of the integration complies with TikTok's platform policies.

9.2 Brand Deals & Campaigns

BigFame.ai facilitates connections between creators and brands but is not a party to the agreements between them. Creators are responsible for fulfilling campaign obligations, including content creation, posting schedules, and disclosure requirements (including FTC guidelines). BigFame does not guarantee the availability, compensation level, or outcome of any brand deal or campaign.

9.3 Revenue Sharing

For brand deals facilitated through the BigFame.ai platform, BigFame may retain a platform fee as disclosed at the time of deal creation. Revenue shares, payment schedules, and fee structures will be clearly communicated before you accept any campaign. Payment to creators will be processed through the platform within the timeframe specified in the campaign terms, subject to brand payment clearance and any applicable hold periods.

9.4 Content Ownership

You retain full ownership of all original content you create. By posting content through the platform or as part of a brand campaign, you grant BigFame.ai a limited, non-exclusive, worldwide, royalty-free license to display, distribute, and promote such content within the platform for the purpose of providing the Services. Any broader usage rights granted to brands will be specified in the individual campaign terms and require your explicit consent.

9.5 Creator Conduct

Creators must comply with all applicable advertising disclosure laws (including FTC Endorsement Guides), platform-specific content policies, and community guidelines. Failure to comply may result in removal from campaigns, forfeiture of payments, or account suspension.

10. Brand & Advertiser Terms

If you use BigFame.ai as a brand or advertiser, the following additional terms apply:

10.1 Campaign Management

Brands may create, manage, and monitor influencer marketing campaigns through the platform. BigFame.ai provides tools for creator discovery, campaign briefs, content review, and performance analytics. Brands are solely responsible for the accuracy of campaign requirements, budgets, timelines, and creative briefs.

10.2 User-Generated Content (UGC) Rights

Usage rights for creator content are governed by the specific campaign terms agreed upon between the brand and creator. BigFame.ai facilitates these agreements but does not transfer ownership of creator content to brands unless explicitly agreed in writing by the creator. Brands must ensure they have proper licenses before repurposing, modifying, or redistributing creator content beyond the agreed scope.

10.3 Creator Payments

Brands agree to fund campaigns in accordance with the agreed-upon budgets and payment schedules. Campaign funds may be held in escrow through the platform until campaign milestones are met. Late or failed payments may result in campaign suspension, penalty fees, or account restriction. BigFame is not liable for creator non-performance but will make reasonable efforts to mediate disputes.

10.4 Advertising Compliance

Brands are responsible for ensuring that all campaigns comply with applicable advertising laws, regulations, and industry standards, including but not limited to FTC guidelines, ASA regulations, and platform-specific advertising policies. BigFame.ai is not liable for non-compliant advertising content created by brands or creators.

11. AI-Generated Content & Tools

BigFame.ai utilizes artificial intelligence and machine learning technologies to provide various features, including but not limited to brand-creator matching, content suggestions, analytics insights, and automated workflows. By using these features, you acknowledge and agree to the following:

  • No Guarantee of Accuracy: AI-generated recommendations, matches, content suggestions, and analytics insights are provided on an "as-is" basis. While we strive for accuracy and relevance, AI outputs may contain errors, biases, or inaccuracies. You should independently verify any AI-generated information before relying on it for business decisions.
  • AI Matching: Our AI brand matching algorithm considers multiple factors including audience demographics, engagement rates, content categories, and brand preferences. Match scores and recommendations are probabilistic and do not guarantee campaign success, creator availability, or compatibility.
  • Content Suggestions: AI-powered content suggestions, captions, hashtags, and creative recommendations are intended as starting points and should be reviewed, customized, and approved by you before publication. You are solely responsible for all content published under your account.
  • Continuous Improvement: Our AI models are continuously trained and improved. The performance, output, and behavior of AI features may change over time. We reserve the right to modify, update, or replace AI models and algorithms without prior notice.
  • Data Usage for AI: Aggregated and anonymized usage data may be used to train and improve our AI models. Your personal data will not be used for AI training without your consent, as detailed in our Privacy Policy.
  • Limitation: BigFame.ai shall not be liable for any losses, damages, or claims arising from reliance on AI-generated content, recommendations, or analytics.

12. Intellectual Property Rights

12.1 Your Content

You retain all ownership rights in the content you create, upload, or submit through the Services ("User Content"). By uploading User Content, you grant BigFame.ai a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your content solely as necessary to provide and improve the Services. This license terminates when you delete your content or close your account, except for content that has been shared with other users or incorporated into campaigns.

12.2 Platform Intellectual Property

All rights, title, and interest in the BigFame.ai platform, including but not limited to the software, code, design, text, graphics, logos, trademarks, service marks, trade names, algorithms, AI models, APIs, databases, and all other proprietary technology and content (collectively, "Platform IP"), are and shall remain the exclusive property of BigFame Inc. and its licensors. These Terms do not grant you any right, title, or interest in the Platform IP except for the limited right to use the Services as expressly permitted herein.

12.3 Templates & Design Assets

Website templates, design elements, icons, stock images, and other creative assets provided through the Services are licensed, not sold, to you. You may use these assets only within the BigFame.ai platform and for websites or content created through the Services. You may not extract, redistribute, resell, or sublicense these assets independently.

12.4 AI-Generated Outputs

Content generated by BigFame.ai's AI tools (such as suggested copy, analytics insights, or match recommendations) is provided for your use within the Services. While you may use AI-generated text and suggestions in your content, BigFame makes no representations regarding the intellectual property status of AI outputs. You are responsible for ensuring that your use of AI-generated content does not infringe on third-party rights.

12.5 Feedback

If you provide feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant BigFame.ai a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Services without restriction or obligation to you.

13. User Content & Conduct

13.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for all content you create, upload, publish, or distribute through the Services.

13.2 Prohibited Content & Activities

You may not use the Services to create, host, distribute, or promote content or activities that:

  • Are illegal, fraudulent, deceptive, or harmful
  • Infringe on any third-party intellectual property, privacy, or publicity rights
  • Contain viruses, malware, spyware, or other malicious code
  • Involve spam, phishing, or unsolicited commercial communications
  • Promote violence, terrorism, self-harm, or illegal drug use
  • Contain hate speech, harassment, bullying, or discriminatory content
  • Contain sexually explicit or exploitative material, including any content involving minors
  • Impersonate any person or entity or misrepresent your affiliation
  • Involve illegal gambling or unauthorized financial activities
  • Interfere with, disrupt, or place an undue burden on the Services or infrastructure
  • Attempt to gain unauthorized access to any part of the Services, other accounts, or systems
  • Scrape, crawl, or harvest data from the platform without authorization
  • Circumvent, disable, or interfere with security features of the Services

13.3 Content Moderation

BigFame.ai reserves the right, but has no obligation, to review, monitor, edit, or remove any User Content at our sole discretion, including content that we believe violates these Terms, is objectionable, or could harm the reputation of the platform. We may use automated tools and human review to moderate content. Content removal decisions are final, though you may appeal through our support channels.

14. Domain Registration Terms

If you register a domain name through BigFame.ai, the following additional terms apply:

  • ICANN Compliance: Domain registrations are subject to the policies and procedures of the Internet Corporation for Assigned Names and Numbers (ICANN) and the applicable registry operator. You agree to comply with all ICANN policies, including the Registrant Rights and Responsibilities.
  • WHOIS Information: You are required to provide accurate WHOIS contact information at the time of registration and maintain its accuracy. Providing false WHOIS information may result in domain suspension or cancellation. WHOIS privacy protection services may be available for eligible domain extensions.
  • Domain Disputes: Domain name disputes are subject to the Uniform Domain-Name Dispute-Resolution Policy (UDRP) and applicable dispute resolution procedures. BigFame.ai is not a party to domain disputes and will comply with decisions rendered by applicable dispute resolution providers.
  • Transfer Policies: Domain transfers are subject to ICANN transfer policies, including the 60-day transfer lock following initial registration or a change of registrant. You may initiate a domain transfer away from BigFame.ai at any time, subject to applicable lock periods and registry requirements.
  • Renewal & Expiration: Domains are registered for a fixed term and must be renewed before expiration. BigFame.ai will send renewal reminders but is not responsible for domain expiration if renewal payments are not received. Expired domains may be subject to redemption fees or may become available for registration by third parties.
  • Domain Fees: Domain registration, renewal, and transfer fees are separate from subscription fees and are non-refundable once the domain has been registered with the applicable registry.

15. E-Commerce & Payment Processing

If you use the e-commerce features of BigFame.ai to sell products or services, the following terms apply:

15.1 Merchant Responsibilities

You are the merchant of record for all transactions conducted through your BigFame.ai storefront. You are solely responsible for the accuracy of product listings, pricing, fulfillment, shipping, returns, refunds, customer service, tax collection and remittance, and compliance with all applicable consumer protection laws and regulations, including but not limited to the FTC Act, state consumer protection statutes, and e-commerce regulations.

15.2 Stripe Payment Processing

E-commerce payment processing is provided by Stripe, Inc. and is subject to the Stripe Connected Account Agreement and the Stripe Services Agreement (collectively, the "Stripe Agreements"). By using BigFame.ai's e-commerce features, you agree to be bound by the Stripe Agreements, which may be modified by Stripe from time to time. BigFame.ai is not responsible for Stripe's processing of payments and is not liable for any errors, delays, or issues in payment processing by Stripe.

15.3 Prohibited Products & Services

You may not use BigFame.ai's e-commerce features to sell prohibited items, including but not limited to illegal goods, counterfeit products, regulated substances without proper licensing, weapons, adult content, or any products or services prohibited by Stripe's Restricted Businesses list or applicable law.

16. Third-Party Integrations

BigFame.ai offers integrations with over 207 third-party applications and services. By enabling or using these integrations, you acknowledge and agree to the following:

  • Third-Party Terms: Your use of third-party integrations is subject to the respective terms of service and privacy policies of those third-party providers. BigFame.ai is not responsible for the content, policies, or practices of any third-party services.
  • Data Sharing: Enabling an integration may involve sharing data between BigFame.ai and the third-party service. You authorize such data sharing when you enable an integration and are responsible for reviewing the data practices of the third-party service.
  • No Warranty: Third-party integrations are provided "as is" and BigFame.ai makes no warranties regarding their availability, functionality, accuracy, or compatibility. Integrations may be modified, interrupted, or discontinued by third-party providers without notice.
  • API Usage: Use of BigFame.ai's API and third-party APIs through integrations is subject to applicable rate limits, usage policies, and technical requirements. Misuse of APIs may result in throttling, suspension, or termination of integration access.
  • Liability: BigFame.ai is not liable for any loss, damage, or disruption caused by third-party integrations, including data loss, security incidents, or service outages originating from third-party services.

17. Data & Analytics

BigFame.ai collects and processes data to provide analytics and insights as part of the Services. By using the platform, you acknowledge and agree to the following:

  • Data Collection: We collect usage data, performance metrics, and behavioral analytics as described in our Privacy Policy. This data is used to provide personalized insights, recommendations, and reports within the Services.
  • Creator Analytics: For creators, we collect and process audience demographics, engagement metrics, content performance data, growth trends, and brand affinity scores. This data may be shared with brands in an aggregated or anonymized format for matching and campaign purposes, or individually with your consent.
  • Brand Insights: For brands, we provide campaign performance metrics, ROI analytics, audience reach and engagement reports, and competitive benchmarks. These insights are derived from platform data and third-party sources and are provided for informational purposes only.
  • Data Accuracy: While we strive to provide accurate analytics and insights, data may be subject to delays, sampling, estimation, or third-party data limitations. BigFame.ai does not guarantee the accuracy or completeness of any analytics data.
  • Data Ownership: You own the data you input into the platform. BigFame.ai retains a license to use aggregated and anonymized data for platform improvement, benchmarking, and research purposes. For details on data handling, please refer to our Privacy Policy.

18. Service Availability & SLA

18.1 Uptime Target

BigFame.ai targets a 99.9% uptime for the Services, measured on a monthly basis, excluding scheduled maintenance windows. "Uptime" means the percentage of time the Services are available and accessible during a calendar month.

18.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily affects service availability. We will use commercially reasonable efforts to provide at least 48 hours' advance notice of scheduled maintenance through the platform dashboard, email, or status page. Scheduled maintenance windows are excluded from uptime calculations.

18.3 Service Credits

For Business and Agency plan subscribers, if monthly uptime falls below 99.9% (excluding scheduled maintenance), you may be eligible for service credits as follows:

  • 99.0% - 99.9% uptime: 5% credit of monthly subscription fee
  • 95.0% - 98.9% uptime: 10% credit of monthly subscription fee
  • Below 95.0% uptime: 25% credit of monthly subscription fee

Service credits must be requested within thirty (30) days of the affected month by contacting support@bigfame.ai. Credits are applied to future billing cycles and are not redeemable for cash. Service credits are your sole and exclusive remedy for any failure to meet the uptime target.

18.4 Force Majeure

BigFame.ai shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet disruptions, or third-party service outages.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  • BIGFAME INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • IN NO EVENT SHALL BIGFAME'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO BIGFAME IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).
  • THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER BIGFAME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, BIGFAME'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

20. Indemnification

You agree to indemnify, defend, and hold harmless BigFame Inc., its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:

  • Your use of the Services or any activity under your account
  • Your User Content, including any claims of infringement, defamation, or violation of third-party rights
  • Your violation of these Terms or any applicable law or regulation
  • Your e-commerce activities, including product liability, consumer protection claims, and tax obligations
  • Your use of third-party integrations through the platform
  • Any dispute between you and a third party, including disputes between creators and brands
  • Your negligence, willful misconduct, or fraud

BigFame reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with BigFame in asserting any available defenses.

21. Dispute Resolution & Arbitration

21.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") informally by contacting us at legal@bigfame.ai. We will attempt to resolve the Dispute informally within sixty (60) days. If the Dispute is not resolved within this period, either party may proceed to binding arbitration.

21.2 Binding Arbitration

ANY DISPUTE THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than in court, except that you may assert individual claims in small claims court if your claims qualify. The arbitration shall be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. The arbitration shall take place in Boston, Massachusetts, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

21.3 Class Action Waiver

YOU AND BIGFAME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and BigFame agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

21.4 Governing Law

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts.

21.5 Arbitration Fees

Payment of filing, administration, and arbitrator fees will be governed by the AAA's rules. If you demonstrate that the costs of arbitration will be prohibitive compared to the costs of litigation, BigFame will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

22. DMCA & Copyright Policy

BigFame.ai respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond to notices of alleged copyright infringement that comply with the DMCA and are properly submitted to our designated agent.

22.1 Filing a DMCA Notice

If you believe that content hosted on BigFame.ai infringes your copyright, please submit a written notification to our designated DMCA agent containing:

  • A physical or electronic signature of the copyright owner or authorized representative
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the allegedly infringing material and information sufficient to locate it
  • Your contact information (name, address, telephone number, email)
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on their behalf

22.2 DMCA Agent

DMCA notices should be sent to our designated agent at: dmca@bigfame.ai or by mail to: DMCA Agent, BigFame Inc., 33 Arch St, Boston, MA 02109.

22.3 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification containing the information required under 17 U.S.C. Section 512(g)(3). Upon receipt of a valid counter-notification, we will forward it to the complaining party and restore the removed content within 10-14 business days unless the copyright owner files a court action.

22.4 Repeat Infringers

In accordance with the DMCA and other applicable law, BigFame.ai has adopted a policy of terminating, in appropriate circumstances, accounts of users who are deemed to be repeat infringers.

23. Modifications to Terms

BigFame.ai reserves the right to modify, amend, or update these Terms at any time at our sole discretion. When we make changes, we will:

  • Update the "Last updated" date at the top of these Terms
  • Provide notice of material changes through email, platform notification, or a prominent notice on our website at least thirty (30) days before the changes take effect
  • For changes that materially reduce your rights or increase your obligations, provide at least sixty (60) days' notice

Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services and cancel your subscription before the effective date. Non-material changes (such as formatting or typographical corrections) may be made without prior notice.

24. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, the provision shall be severed, and the remaining Terms shall be interpreted as if the severed provision had never been included.

25. Entire Agreement

These Terms, together with our Privacy Policy, any applicable subscription agreement, and any other legal notices, policies, or guidelines published by BigFame.ai on the platform, constitute the entire agreement between you and BigFame Inc. with respect to your use of the Services. This Agreement supersedes all prior or contemporaneous communications, proposals, understandings, and agreements, whether oral or written, between you and BigFame relating to the subject matter herein.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. BigFame's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Sections that by their nature should survive termination of these Terms shall survive, including but not limited to Sections 12 (Intellectual Property Rights), 19 (Limitation of Liability), 20 (Indemnification), 21 (Dispute Resolution), and 24 (Severability).

26. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or the Services, please contact us through any of the following channels:

  • Company: BigFame Inc.
  • Legal Inquiries: legal@bigfame.ai
  • General Support: support@bigfame.ai
  • DMCA Agent: dmca@bigfame.ai
  • Phone: (617) 401-7650
  • Mailing Address: 33 Arch St, Boston, MA 02109, United States

By using BigFame.ai, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. If you do not agree with these Terms, please discontinue your use of the Services immediately.

Copyright 2026 BigFame Inc. All rights reserved.