BigToa Terms and Conditions

1. Acceptance of Terms By accessing or using the BigToa website and services (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. You may be required to indicate acceptance (for example, by checking an "I Agree" box) when creating an account. If you do not agree to all of these Terms, you must not use the Services. 2. Description of Services BigToa (operated by BigToa LLC in Salt Lake City, Utah, USA) provides an online platform for personal property inventory management and related tools. Our Services allow you to catalog your personal belongings, store information and documents (e.g. photos, receipts) for insurance claims, and organize data that may assist in estate planning. BigToa is not an insurance, appraisal, or legal service - it is a tool to help you organize information. Any features we provide (such as item listings, data storage, reports, or value estimates) are for your personal use and informational purposes only. We do not promise any particular results beyond enabling you to record and manage your information. 3. Eligibility and Geographic Restrictions You must be at least 13 years old to use our Services. By creating an account, you represent that you (a) are at least 18 years of age (or, if 13 or older, have the consent of a parent or legal guardian to use the Service), and (b) are capable of entering into a legally binding agreement. In addition, BigToa currently only offers Services to residents of the United States. By using the Services, you represent that you reside in the U.S. and are using the Services in the U.S. If you are located outside the United States, you are not permitted to use or access the Services at this time. BigToa reserves the right to refuse or terminate accounts that appear to be registered from outside the U.S. (If you nonetheless access the Services from another jurisdiction, you do so on your own initiative and are responsible for compliance with any applicable local laws.) 4. Account Registration and Security To access most features, you must create a user account. You agree to: - Provide Accurate Information: Submit truthful, current, and complete information during registration (and update it if it changes). - Protect Your Credentials: Keep your login credentials (username/password or third-party login tokens) confidential. Do not share access to your account. - Account Use: You are responsible for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, you must notify BigToa immediately. BigToa is not liable for any loss or damage arising from your failure to secure your account. 5. Fees and Subscriptions Some BigToa features or tiers are offered on a paid subscription basis. By subscribing to a paid plan, you agree to the following: - Payment of Fees: You will pay all applicable subscription fees as described on our pricing page or order form. Fees may be charged in advance on a recurring periodic basis (e.g. monthly or annually). - Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel beforehand. By providing a payment method, you authorize BigToa to charge the ongoing subscription fees to that method. - Cancellation: You may cancel your subscription at any time through your account settings. If you cancel, you will retain access to paid features until the end of the current paid period. No pro-rated refunds will be provided for the remaining period except where required by law. - Changes to Fees: BigToa may change subscription prices or introduce new fees. If we do, we will provide advance notice (e.g. via the Services or email). Your continued use of the paid Services after fee changes take effect constitutes your agreement to pay the new amount. If you do not agree, you must cancel your subscription before the changes apply. - Failed Payments: If we cannot collect payment (e.g. your credit card expires or charge is declined), we may suspend or downgrade your account. You are responsible for ensuring a valid payment method is on file. 6. Acceptable Use and Prohibited Activities We expect users to use BigToa in a lawful and respectful manner. You agree NOT to: - Unlawful Use: Use the Services for any unlawful, fraudulent, or malicious purpose, or in any way that violates any applicable law or regulation. - Violation of Rights: Upload, post, or share any content that is illegal, defamatory, harassing, obscene, invasive of privacy, or that infringes or misappropriates the intellectual property or rights of others. - Interference: Disrupt or interfere with the operation of the Services or any servers, networks, or systems connected to the Services. This includes not sending viruses, overloading, spamming, or engaging in denial-of-service attacks. - Security Tampering: Attempt to probe, scan, or test the vulnerability of the Services or circumvent any security or authentication measures. You will not attempt to gain unauthorized access to other user accounts or BigToa's systems. - Data Mining: Use any automated system (e.g. robots, scrapers) to access the Services or collect information from BigToa without our permission. - Collect Personal Data Unlawfully: Harvest or collect personally identifiable information about other users without their consent. - Misuse of Service: Use the Services to store or transmit content that could be considered harmful, or use the platform in a manner for which it is not intended (for example, operating a business inventory on a personal account if against our guidelines, or using BigToa as general file storage unrelated to personal inventory). Violation of any of the above may result in immediate suspension or termination of your account (see Section 14), and we may report unlawful conduct to law enforcement. 7. Third-Party Services and Integrations BigToa may integrate with or allow you to access certain third-party services or features, such as: - Third-Party Login: You may have the option to register or log in using a third-party account (e.g., Google Sign-In). If you choose to do so, you authorize BigToa to obtain from that third-party certain information (such as your name and email) as permitted by the login provider's terms and privacy policies. Your use of third-party login services is subject to those third parties' own terms of service and policies, which you are responsible for reviewing. BigToa does not control those services and is not liable for their actions. - eBay Integration: BigToa may offer features to connect with your eBay account (for example, to import your eBay listings or post items for sale). By linking your eBay account, you authorize BigToa to access your eBay information and perform actions on your behalf solely to provide the BigToa features you enable. Your use of eBay through our Service must comply with eBay's User Agreement and policies. BigToa is not affiliated with or endorsed by eBay, and we have no control over eBay's platform or decisions. We make no guarantees about the availability or continued compatibility of any eBay integration. You are solely responsible for any activity that occurs on your eBay account via the integration. - Links to Other Sites: The Services or user content may include links to third-party websites or resources (such as insurance providers or reference sites). These links are provided for convenience only. BigToa does not endorse and is not responsible for the content, products, or services on third- party sites. If you access third-party websites, you do so at your own risk and any separate terms of those sites will apply. Disclaimer: BigToa is not responsible for any issues or losses arising from your use of any third-party services or integrations. Any data obtained from or sent to a third party is governed by our Privacy Policy and the third party's policies. If you decide to disconnect a linked third-party account (like Google or eBay) from BigToa, you can do so in your account settings, and BigToa will no longer access new data from that account (though previously stored data may remain in your BigToa account unless you delete it). 8. User Content and Data Rights 8.1. Your Content Ownership: You retain ownership of all content and data that you upload or input into the Services, including but not limited to item descriptions, photographs, videos, documents, values, notes, and any other information related to your personal property ("User Content"). BigToa does not claim ownership of your User Content. 8.2. License to BigToa: By storing or uploading User Content on BigToa, you grant BigToa a worldwide, royalty-free, non-exclusive license to use, reproduce, modify (e.g. for formatting/layout), display, and distribute your User Content solely for the purpose of operating and providing the Services. This means, for example, we may store your data on our servers, display it to you through our interface, back it up, or (at your direction) share it with third parties you choose (such as generating a report for your insurance agent or a read-only view for an estate executor). BigToa will not use your content for any other purpose without your consent. This license continues as long as your content remains on our systems. If you delete content or terminate your account, we will stop displaying it to you or others you had shared it with, and the license ends once the content is fully removed from our active systems (note that limited copies may be retained in backup archives for a period of time as required for legal or recovery purposes). 8.3. Your Responsibilities for Content: You are solely responsible for all User Content you upload or submit. This includes ensuring that: (a) you have all necessary rights, licenses, or permissions to use and share that content; (b) the content is accurate (especially any valuations or descriptions); and (c) the content is lawful and compliant with these Terms. Do not upload content that is confidential to a third party or protected by others' intellectual property rights (like copyrighted images or text) unless you have permission. You agree that BigToa is not responsible for any loss or damage to User Content, and BigToa does not endorse or verify the accuracy of User Content. 8.4. Monitoring and Removal: BigToa does not pre-screen User Content, but we reserve the right (though not the obligation) to monitor, review, or remove any content that we believe, in our discretion, violates these Terms or applicable law, or that we deem inappropriate or objectionable. We may also suspend or terminate accounts associated with such content (see Section 14). However, the absence of removal does not imply content is permissible; you remain responsible for what you provide. 8.5. Content Sharing and Access: BigToa may provide features that allow you to share your inventory or specific items with others (for example, by generating a shareable link or inviting an insurance agent or lawyer to view your data). Use caution when sharing any personal or sensitive information. You are in control of and responsible for any distribution of your User Content to third parties. BigToa will not automatically share your data with anyone outside our organization without your action or consent. If you choose to share data, that data may be viewed, saved, or used by the recipients and will no longer be under BigToa's direct control. BigToa is not responsible for how third parties you share your content with may use that information. 8.6. Copyright Complaints (DMCA): BigToa respects intellectual property rights. If you believe that any content on our Services (including User Content) infringes your copyright or other intellectual property rights, please notify us by contacting our designated agent at [email protected] with the subject "DMCA Takedown Request." Include in your notice: identification of the work you claim is infringed, identification of the content to be removed (with URL or screenshot), your contact information, and a statement that you have a good-faith belief the use is not authorized, under penalty of perjury. We will respond to valid takedown requests in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws. Repeat infringers' accounts may be terminated. (For more details on our copyright policy or to submit counter-notifications if your content was removed by mistake, see our Copyright Policy or contact us.) 9. BigToa's Intellectual Property All rights, title, and interest in and to the Services, including the BigToa name, logo, branding, software code, features, design elements, and all content provided by BigToa (collectively, "BigToa Content"), are the property of BigToa LLC or its licensors and are protected by intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable license to use the Services and BigToa Content for your personal, lawful use in accordance with these Terms. This license does not grant you any ownership or proprietary rights in BigToa Content. You may not reproduce, distribute, publicly display, create derivative works of, reverse engineer, or exploit any portion of the Services or BigToa Content except as expressly allowed by BigToa or by law. BigToa welcomes feedback or suggestions about the Services, but note that we may use any feedback or ideas you provide without obligation or compensation to you, and there is no confidentiality attached to such feedback. 10. No Insurance or Legal Advice (Special Disclaimers) BigToa is not an insurance company, insurance broker, financial institution, law firm, or estate planner. The Services and any information or documentation you obtain through BigToa are provided for informational and organizational purposes only and do not constitute professional advice. - Insurance-Related Disclaimer: BigToa does not guarantee or make any promises regarding whether your insurance company (or any insurer) will accept the data, photographs, valuations, or inventory records stored in our Service as proof of ownership or value, nor whether any loss will be covered or paid out by your insurance. Any item values or estimates recorded in BigToa (whether entered by you or provided through a BigToa feature) are not certified appraisals and may not reflect the true replacement cost or market value. Always consult your insurance agent or provider to ensure you have appropriate coverage and to understand what documentation they require as proof for claims. BigToa's tools can help you organize supporting documentation, but we have no control over insurance decisions. The outcome of any insurance claim is solely between you and your insurer. BigToa is not liable if an insurer refuses a claim or offers a different payout than expected, even if you used our Service to document your items. - Estate and Legal Disclaimer: BigToa is not a substitute for a lawyer or an estate planning professional. While our Service can help you catalog assets and store information that might be useful in estate planning or probate (for example, leaving notes on who should inherit an item), using BigToa does not guarantee any legal effect. Wills, trusts, or estate distributions must meet legal formalities in your jurisdiction. BigToa has no say in how a probate court or judge will interpret or rule on your estate matters. We strongly recommend that you consult with a qualified attorney for creating wills, trusts, or any estate plan, and to ensure your wishes are legally documented and enforceable. BigToa is a helpful organizational tool but cannot ensure your documentation will be accepted by a court or that your wishes will be carried out. Any guidance within the app (if provided) is for general informational purposes and is not legal advice. Use of the Services for estate planning is at your own risk, and you should have proper legal counsel for binding arrangements. - No Professional Advice: In general, no information or content in the Services constitutes professional advice of any kind (including but not limited to insurance, legal, tax, financial, or real estate advice). You should not rely on BigToa as a substitute for consultations with qualified professionals tailored to your situation. If you make decisions or take actions based on information from our Services, you do so at your own risk, and BigToa will not be responsible for the consequences. By using BigToa, you acknowledge these important disclaimers. It is your responsibility to obtain independent professional advice when making insurance claims, planning your estate, or valuing property. 11. Disclaimer of Warranties BigToa provides the Services on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, BigToa disclaims all warranties and representations of any kind, express or implied, with respect to the Services and BigToa Content. This includes, but is not limited to: implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. BigToa does not warrant that: (a) the Services will meet your specific requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the information or results obtained from the use of the Services will be accurate, reliable, or complete; or (d) any defects or errors in the Services will be corrected. You understand that data storage and transmissions over the internet can never be completely secure or error-free. While BigToa strives to protect your data (see Privacy Policy for details on security practices), we do not guarantee that your content or personal information will never be accessed, disclosed, altered, or destroyed by unauthorized parties. You assume all risk for any loss or damage that may result from your use of the Services, including, without limitation, any damage to your possessions, computer, device, or data. We encourage you to maintain your own backup copies of any important information you store on BigToa. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such case, any implied warranties are limited to the minimum scope and duration permitted by applicable law. 12. Limitation of Liability To the fullest extent permitted by law, in no event will BigToa or its owners, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of (or inability to use) the Services. This includes, without limitation, any damages for lost profits or revenues, loss of data, loss of goodwill, device or property damage, service downtime, or the cost of procurement of substitute services, even if BigToa has been advised of the possibility of such damages. BigToa's total cumulative liability to you for any direct damages or claims arising out of these Terms or the Services shall not exceed the amount (if any) you paid to BigToa for the Service in the twelve (12) months immediately preceding the event giving rise to the liability, or one hundred U.S. dollars (US $100), whichever is greater. If you have not paid any fees to BigToa for the use of the Service, BigToa's liability will be $0 in such case. The limitations above apply to all theories of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise. Some states or jurisdictions do not allow the exclusion or limitation of certain damages; in such states, BigToa's liability will be limited to the maximum extent permitted by law. 13. Indemnification You agree to defend, indemnify, and hold harmless BigToa, its parent company (if any), affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, demands, suits, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Services or any content you submit; (b) your violation of these Terms or of any law or regulation; or (c) your violation of any rights of a third party (for example, intellectual property or privacy rights). BigToa reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claim. You shall not settle any such matter without BigToa's prior written consent. This indemnification obligation will survive any termination of your account or these Terms. 14. Termination and Suspension Termination by You: You may stop using the Services at any time. You may also delete your BigToa account by following the instructions on the site or by contacting us. Deleting your account will remove your profile and generally render your User Content inaccessible through the Services (subject to our data retention and backup policies). Termination or Suspension by BigToa: We reserve the right to suspend or terminate your access to the Services (or any portion thereof) at any time, with or without notice, if you violate these Terms, misuse the Services, engage in fraudulent or illegal activities, or if we in good faith believe suspension/termination is necessary to protect the security, rights, or property of BigToa or others. We may also terminate or suspend the Services or your account if we discontinue the Service (in whole or part) or experience unexpected technical or security issues. Effect of Termination: Upon termination of your account for any reason, your right to use the Services will immediately cease. We may permanently delete or disable access to any information or content that you had provided, and we have no obligation to retain your User Content after termination (though we might for a brief period as part of backups or legal compliance). You are advised to export or download any important data before terminating your account. Sections of these Terms that by their nature should survive termination (such as payment obligations incurred, disclaimers, limitations of liability, indemnities, governing law, etc.) will survive the termination of your account or your use of the Services. 15. Governing Law and Jurisdiction These Terms and any dispute arising out of or relating to the Services or these Terms shall be governed by the laws of the State of Utah, USA, without regard to its conflict of law principles. BigToa is headquartered in Utah, and you agree that the federal or state courts located in Salt Lake County, Utah shall have exclusive jurisdiction over all disputes relating to these Terms or the Services. You consent to venue and personal jurisdiction in such courts. If you are accessing the Services from outside the United States (despite Section 3), you agree that U.S. and Utah law will apply to your use of the Services and to these Terms. Regardless of any statute or law to the contrary, you must initiate any claim or cause of action against BigToa relating to the Services or Terms within one (1) year after the claim arose, or it will be forever waived and barred (this one-year limitation may not apply in certain jurisdictions that do not permit it). 16. Changes to Terms BigToa may update or modify these Terms from time to time. If we make a material change, we will post the revised Terms on our website with a new "Last Updated" date, and we may provide additional notice to you (for example, via email or a notification on your account) if required by law or if the changes are significant. It is your responsibility to review the Terms periodically for updates. By continuing to use the Services after updated Terms are posted, you agree to the revised Terms. If you do not agree with any changes, you should discontinue use of the Services and, if applicable, cancel your account before the new Terms take effect. 17. Miscellaneous - Entire Agreement: These Terms (together with the Privacy Policy and any other legal terms expressly incorporated by reference) constitute the entire agreement between you and BigToa regarding your use of the Services. They supersede any prior agreements, communications, or understandings between us with respect to the subject matter. - Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remainder of the Terms will remain in full force and effect. - No Waiver: BigToa's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of BigToa. - Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without BigToa's prior written consent. BigToa may freely assign, transfer, or delegate these Terms and any rights and obligations without notice or consent, including in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns. - No Third-Party Beneficiaries: These Terms are for the benefit of you and BigToa only. Except as expressly provided in these Terms, no third party has any rights to enforce any term of this agreement. - International Use: BigToa makes no representation that the Services are appropriate or available for use in locations outside of the United States. If you access the Services from other jurisdictions (contrary to our eligibility requirements), you do so on your own initiative and are responsible for compliance with local laws. You also acknowledge that personal data you provide is collected and processed in the U.S. as described in our Privacy Policy. 18. Contact Us BigToa is happy to address any questions or concerns about these Terms or the Services. For support or inquiries, please contact us by emailing support@bigtoa.com or by visiting the Contact Us page on our website. Our mailing address is BigToa LLC, (Salt Lake City, UT, USA).