TERMS AND CONDITIONS

WEBSITE TERMS AND CONDITIONS EFFECTIVE DATE: NOVEMBER 1, 2023

PLEASE FULLY AND CAREFULLY READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE “I ACCEPT/AGREE” BUTTON.  THE ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY ITS TERMS AND CONDITIONS AND ANY AND ALL AMENDMENTS THERETO THAT MAY BE IMPLEMENTED FROM TIME TO TIME.

1. Acceptance of Terms and Conditions. 

1.1. Please be advised that bigma.org and bigmama.network (“Websites”) are domain names wholly-owned by BIGMAMA SRL, a limited liability company registered and functioning under Romanian Law (collectively referred to as “company”, “us”, or “we”). 

1.2. We provide free Virtual Private Network (“VPN”) services to our Free Users (“Free Users”) via a mobile Android app that allows users to anonymize and protect their online communications. Henceforth, Free Users use a mobile app that is hereinafter referred to as ("BigMama VPN"). These terms and conditions apply on a as is basis also for BigMama VPN, so any reference to the Websites or BigMama VPN shall be construed as to imply that those specific provisions also apply to all, unless otherwise specified. 

1.3. We provide paid services to our Commercial Users (“Commercial Users”) by allowing them to proxy their internet traffic via the internet connection of Free Users. These terms and conditions apply on a as is basis also for the Commercial User that purchase the use of the Products and Services from bigmama.network website, so any reference to the Websites or BigMama VPN shall be construed as to imply that those specific provisions also apply to all, unless otherwise specified. 

1.4. The use of the Websites is subject to your compliance with the following terms and conditions (“Terms and Conditions”) as well as any other written agreement between us and you. 

1.5. The electronic communication devices (e.g., desktop, laptop, smartphone) running our VPN services are securely bound into an anonymous peer-to-peer (“P2P”) network which can be accessed by Commercial Users who use it for secure global routing of their internet traffic. 

1.6. Your free use of our Products and Services, including, but not limited to, the VPN services, will in turn enable other electronic communication devices using our Products and Services to be re-routed through your electronic communication device. You hereby consent to the use of your electronic communication devices and agree that other electronic communication devices may use your network connections and resources. 

1.7. Commercial Users will not be required to share their network connections and resources with other Commercial Users or Free Users. 

1.8. Please note that these Terms and Conditions constitute a binding legal agreement between you or those you legally represent (“you”) and us. You agree and accept to be bound by these Terms by either: (i) creating a user account and/or other accounts to use the Products and Services; (ii) downloading BigMama VPN or accessing/using its Products and Services; or (iii) otherwise electronically agreeing to be bound by these Terms and Conditions. If you are using the Products and Services on behalf of another legal entity, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that legal entity and commit to these Terms and Conditions on behalf of that legal entity. 

1.9. You must be eighteen (18) years old or more to use these Websites.  

1.10. As the landscape we are being part of changes and evolves at a rapid pace, we may need to update these Terms and Conditions by amending them from time to time (i) to comply with the law; (ii) to comply with orders/recommendations of regulatory authorities; (iii) to add additional functionality, services, features, technologies and/or benefits, or to remove the old ones; (iv) to correct errors and bugs; (v) to clarify these Terms and Conditions; (vi) to prevent abuse or harm; (vii) for any other valid reason (e.g., for optimization/compatibility reasons). You understand and agree that it is your obligation to review these Terms and Conditions from time to time in order to stay informed on current rules and obligations. Notification on any material changes to these Terms and Conditions, that affect your rights or obligations, will be provided in advance of such changes by reasonable means (e.g., via email). Unless it is stated otherwise, each update of these Terms and Conditions comes into force as of the moment when the amendments are published.  

1.11. Your continued use of the Websites will be deemed acceptance thereof. You can also end your relationship with us at any time after the effective date of the updated Terms by closing your account and/or not accessing our Products, Services or Websites. 

1.12. Your continued use of this Websites after such amendments will constitute full acknowledgement and acceptance of the modified Terms and Conditions. If you do not agree with any of the amendments you may end your relationship with us at any time after the effective date of the updated Terms and Conditions, by closing your account and/or not accessing the Products, Services or Websites, whichever may apply. 

1.13. As used in these Terms and Conditions, references to our “affiliates” include, but may not be limited to, our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering these Websites. 

1.14. ATTENTION! PLEASE BE ADVISED THAT BY ANY ACT OF USING THESE WEBSITES YOU AGREE TO BE FULLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE SO, PLEASE EXIT THE WEBSITES IMMEDIATELY AND STOP USING ANY OF OUR PRODUCTS OR SERVICES.   

2. Products or Services.  

2.1. The Products and Services (collectively referred to as “Products” or “Services”) for its Free Users and Commercial Users (collectively “Users”) are the Websites, the VPN services via BigMama VPN mobile Android app that allows users to anonymize and protect their online communications, and the proxy connections purchased from bigmama.network website. The Products and Services may be supplemented or removed from time to time without prior notice, unless otherwise specified in these Terms and Conditions. 

2.2. You are solely responsible at your expense for providing all equipment necessary to use the Websites, including, but not limited to, a computer, modem, and internet access (including payment of telephone service fees associated with such access). 

2.3. By using BigMama VPN you are guaranteed a strict no-logs policy for the Services, meaning that your internet activity while using BigMama VPN Services is not monitored, recorded, logged, stored, or passed to any third party. We do not store used bandwidth, traffic logs, IP addresses, or browsing data for any internet activity. From the moment a BigMama VPN user starts using the Services, their internet data becomes encrypted. This and the following provisions from this section shall also apply for Commercial Users. 

2.4. We understand that the essence of a virtual private network is to be private and that persons have many good reasons to safeguard their privacy and the privacy of their data. Accordingly, the no-logs policy for the Services is provided by an automated process, and your activities while using them are not monitored, recorded, logged, stored, or passed to any third party. 

2.5. Please note that if you use a dedicated IP address (a unique internet protocol address assigned exclusively to you), it will encrypt your internet traffic and hide your real IP address and virtual location. However, if it's tied to your email address, certain online activities can be traced back to your account information. 

2.6. The BigMama VPN service protects personal information with the use of encryption and masks user metadata by hiding the user's IP address and replacing it with one of other BigMama VPN users’. This replacement address can be also shared with many other users, which not only protects each individual's user data but also hides his or her pattern of activity. Therefore, the traceable chain between users and their online activity is broken. 

2.7. For the avoidance of any doubt, Free Users share their IP connection to other Free Users and/or Commercial Users, as the case may be. However, the IP sharing stops whenever the Free User uninstalls BigMama VPN. Commercial Users do not share their IP either with other Commercial Users, or any Free Users. 

2.8. No Guarantee. Company works hard to provide quality Products and/or Services for its users. You understand and acknowledge that we cannot promise or guarantee specific results from using the Websites or purchasing the Products or Services. 

2.9. Temporary Interruptions. You understand and agree that temporary interruptions of the Website may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with Products and Services. You agree that the Products and Services available on the Websites are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, non-delivery, or failure to store any user communications or personalization settings. 

3. Payment.  

3.1. The Websites and BigMama VPN will not request payments from its Free Users. We will process payments for Commercial Users via a payment mechanism, including, but not limited to, depositing funds to Proxy Market Accounts (“PMAs”) which allow Commercial Users to purchase proxies. In addition, deposits can be made via Coinbase or other digital currencies. 

3.2. You may be a peer on the network in return for free usage of our Products and Services. By doing so, you agree to have read and accepted these Terms and Conditions. However, you may opt out by becoming a Commercial User at any given time. 

3.3. Any refund policy that shall be applicable to Commercial Users will be shown and submitted to approval each time before a purchase attempt for a proxy. 

3.4. Balance that has been paid in any cryptocurrency cannot be refunded.

4. Website Conduct and Member Posting Policies. 

4.1. User Activity Guidelines: Your access to and use of the Websites are subject to these Terms and Conditions, as well as all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to suspend and/or terminate the accounts, Products and/or Services to any users who violate any applicable laws or these Terms and Conditions, whether repeated violation or a single instance.  

4.2. Your use of the Websites is subject to the applicable laws and regulations. You are solely responsible for any comments or posts you leave on the Websites. You agree that you shall not yourself and/or enable others to: 

• i. perpetrate behavior that is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; 
• ii. use, assist, encourage, or enable others to use the Websites for any unlawful, illicit, illegal, criminal, or fraudulent activities, including but not limited to port scanning, sending unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, sending opt-in email, scanning for open relays or open proxies, sending unsolicited email or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited and dual-use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy, conduct distributed denial-of-service (DDoS) attacks, and other similar activities; 
• iii. use the Websites for any military purpose, including cyber warfare, weapons development, design, manufacture, or production of missiles, nuclear, chemical or biological weapons; 
• iv. assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer, or node through our Websites; 
• v. exploit children in any way, including audio, video, photography, digital content, etc.; 
• vi. violate, infringe, or misappropriate the Websites, our licensors and/or any other third parties' copyright, other intellectual property rights, privacy, or other legal rights; 
• vii. transmit any malware or other computer codes, files, programs, instructions, or technological means that disrupt, damage, or interfere with the use of computers or related systems; 
• viii. interfere with or disrupt the integrity or performance of the Websites; 
• ix. take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; 
• x. sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Websites, and/or an account in any way; 
• xi. use any robot, spider, scraper, or other automated means to access our Websites or for any purpose without our prior written permission; 
• xii. build a product using similar ideas, features, functions, or graphics of the Websites or copy any ideas, features, functions, or graphics of the Website; 
• xiii. claim that you are the representative or agent of us, including for any of our Products, Services and/or Websites; 
• xiv. threaten, stalk, harm, or harass others, or promote bigotry or discrimination; 
• xv. attempt to gain unauthorized access to the Websites, user accounts, computer systems, or networks connected to the Websites through hacking, password mining, brute force, or any other means; 
• xvi. violate general ethical or moral norms, good customs, and fair conduct norms; 
• xvii. consistently demonstrate unrespectful, threatening, offensive, and/or malicious behavior when communicating with us, our customer support and/or other of our employees; 
• xviii. access and use the Websites if you have been or are prohibited to access the Websites, or if your account or access thereof has been suspended or terminated due to any reason; 
• xix. share non-public features or content of the Websites with any third party; 
• xx. to the extent permitted under applicable law, otherwise violate or attempt to evade, or circumvent these Terms and Conditions and/or 
• xxi. impersonate any person or entity, including, but not limited to, any of our employees or representatives. 

4.3. You also shall not take any action to jeopardize, limit or interfere in any manner with our ownership and rights with respect to the Websites. Except and to the extent that this is expressly permitted by applicable law and these Terms and Conditions, you receive no right to and shall not yourself or enable others to: (i) reproduce, modify, create derivative works from, distribute, make available over network, publicly display, or publicly perform the Products, Services or Websites; (ii) reverse engineer, decompile, disassemble, decrypt the Products, Services or Websites, or make any attempt to derive the code, trade secrets or other confidential information thereof; (iii) translate, adapt, arrange, or make any other alteration of the Products, Services or Websites, and reproduce the results thereof; (iv) transfer, distribute, lease, sublicense, or rent the Products, Services or Websites, and/or your rights granted under license to any third party; (v) use the Products, Services or Websites in any manner that is not expressly permitted pursuant to these Terms and Conditions; (vi) remove or modify markings or any notice of proprietary rights of the Products, Services or Websites. 

4.4. We use automated tools to identify web scraping and minimize abuse of the Websites. These tools are looking for irregular patterns when new sessions are initiated and if such patterns are noticed, it might automatically suspend your access or your account until further investigation is complete. 

4.5. It is your responsibility to comprehend the relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of the Websites. You access and use the Website in your country on your own initiative, and you solely are responsible for complying with your local laws and regulations and the laws and regulations of any country with which or through which you communicate, transmit, or receive data, if and to the extent such laws are applicable. 

4.6. We encourage you to let us know about the violation of these Terms and Conditions by any of our users or other third parties by contacting us. In case of such violations, we may take appropriate action at our sole discretion. 

4.7. No Endorsement and Removal of Content. We neither endorse nor assume any liability for any material uploaded or submitted by users on any part of the Websites.  We do not pre-screen, police, or monitor comments posted on the Websites, but we reserve the right to remove any and all postings that we feel do not comply with these Terms and Conditions and any other rules of user conduct for our Websites, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings. 

5. Third-Party Websites. 

5.1. Third-Party Websites and Information. These Websites may redirect or link to other third-party websites, or may otherwise include references to information, products, or services made available by affiliated or unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time, however, such websites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites. We are not responsible for errors or omissions in any references made on those third-party websites. The inclusion of such a link or reference is provided merely as a convenience, and does not imply endorsement of, or association with, the third-party website by us, or any warranty of any kind, either express or implied. 

5.2. Promotions. The Websites may include advertisements offered by third parties from time to time. You may enter into correspondence with or participate in promotions of the advertisers showing their products and services on the Websites. Any such correspondence or promotions, including, but not necessarily limited to, the delivery of, and the payment for products or services by those third parties, and any other terms, conditions, warranties, or representations associated therewith are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion. In addition, we reserve the right to monetize from advertisements and promotions. 

6. Company Intellectual Property.  

6.1. Content. For purposes of these Terms and Conditions, “content” is defined as any information, communications, software, published works, photos, videos, graphics, music, sounds, or other material that can be viewed by users on our Websites. 

6.2. Ownership of Content. By accepting these Terms and Conditions, you agree that all content presented to you on the Websites is protected by any and all intellectual property and/or other proprietary rights available within the EU and Romania, and is the sole property of the company and/or its affiliates. 

6.3. The following are registered patents, trademarks, copyrights, or service marks of the company and/or its affiliates: all custom graphics, icons, logos and service names are registered trademarks, copyrights, or service marks of company and/or its affiliates.  All other trademarks or service marks are property of their respective owners. Nothing in these Terms and Conditions grants you any right to use any trademark, copyright, service mark, and/or the name of company or its affiliates. 

6.4. No warranty for Third-Party Infringement. Neither we nor our Affiliate s warrant or represent that your use of materials displayed on or obtained through the Websites will not infringe the rights of third parties. 

7. Content You Create.  

7.1. Your Intellectual Property Rights.  Subject to our Privacy Policy, any material (e.g., information, communications, software, published works, photos, videos, graphics, music, sounds, or other material) that you transmit to the Websites or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). We shall retain any and all rights to the User Content. You hereby agree to grant us and our affiliates, a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever regardless of the form or medium in which it is used. 

7.2. We respect the intellectual property rights of others and we ask you to do the same. You hereby acknowledge that you have the copyright (or license thereof) of any material that you submit to us. In instances where we are notified of any alleged infringement by company or User Content, a decision may be made to remove or disable access to such materials. We may also make a good-faith attempt to contact the person who submitted the affected material so that they may issue their position on such matter. 

7.3. If material that you have posted to our Websites has been taken down, you may file your position on such matter in written, by substantiating the arguments which would entitle you to have such material reinstated. We will inform you thereafter if the initial decision is reverted. In case you are not satisfied with our position, you may pursue any dispute resolution mechanism available to you by law or by these Terms and Conditions. 

7.4. Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary subject to our Privacy Policy and Cookies Policy. Please do not submit confidential or proprietary information to us (e.g., ideas, new content suggestions, business proposals) unless we have mutually agreed in writing otherwise. Any ideas, new content suggestions, or business proposals that we receive unsolicited will be treated as property owned by the company and will not be returned to you. 

8. Privacy and Security. 

8.1. Login Required. In order to access the Products and Services you may be asked to set up an account and password.  Our account registration page requests certain personal information from you (“Registration Information”). You will have the ability to maintain and periodically update your Registration Information as you see fit.  By registering, you agree that any and all information provided by you as Registration Information is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. 

8.2. Passwords and Security. If you register for an account on the Websites, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Neither our employees, nor our affiliates will ever ask you for your password. 

8.3. Disclosure to Third-Party Affiliates. You hereby grant us the right to disclose to third parties certain Registration Information about you. The information we obtain through your use of the Websites, including, but not limited to, your Registration Information is subject to our Privacy Policy which is incorporated by reference herein. 

8.4. Please also check our Privacy Policy and Cookies Policy before registering for using the Products, Services or Websites.  

9. Disclaimer of warranty. 

9.1. Reasonable efforts are taken to improve the accuracy and integrity of the Products, Services and the Websites, but complex software is never wholly free from defects, errors, and bugs. We give no warranty or representation that the Products, Services or the Websites will be wholly free from defects, errors, and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. Notwithstanding any other provision of the Terms and Conditions, we reserve the right to modify, suspend, or terminate access to the Products, Services or the Websites, or any functionality comprising a part thereof at any time. In no event, to the extent permitted under applicable law, will we be liable for making these changes. In exceptional and very limited cases, our Products, Services or the Websites may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime. 

9.2. ALL CONTENT AND PRODUCTS AND SERVICES ON THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE CONTENT OR PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT OR PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTENT OR PRODUCTS AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR PRODUCTS AND SERVICES PURCHASED OR OBTAINED BY YOU FROM THE WEBSITES, FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. 

9.3. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE PRODUCTS, SERVICES OR THE WEBSITES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE ABOVE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE PRODUCTS, SERVICES OR THE WEBSITES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION.  

9.4. WE NEITHER WARRANT, NOR REPRESENT THAT YOUR USE OF THE PRODUCTS, SERVICES OR THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT ALL THE ABOVE WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF ALL THE ABOVE WILL BE ERROR-FREE OR UNINTERRUPTED.  

9.5. THE WEBSITES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THE PRODUCTS, SERVICES OR THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.  THE CONTENT OR PRODUCTS AND SERVICES AVAILABLE AT THESE WEBSITES MAY BE OUT-OF-DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS AND SERVICES. 

9.6. THE USE OF THE PRODUCTS, SERVICES OR THE WEBSITES, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS AND SERVICES, OR CONTENT, THROUGH THESE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. 

9.7. Through your use of the Websites, you may have the opportunity to engage in commercial transactions with other users, companies, groups, or vendors. You acknowledge that all transactions relating to any products or services provided by any third party, including, but not limited to, the purchase terms, payment terms, covenants, warranties, or guarantees are agreed to solely between the seller of the products or services and you. 

9.8. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR IN CONNECTION WITH THE WEBSITES. YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.  ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS AND SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OF OUR AFFILIATES. 

9.9. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PRODUCTS, SERVICES OR THE WEBSITES, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU.  WE SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, SHOULD WE EXERCISE SUCH RIGHT.  MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE, OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES.  ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT PRODUCTS AND SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS AND CONDITIONS.  

10. Limitation of Liability and Indemnification.  

10.1. There are inherent risks in relying upon, using, transmitting, or retrieving any data and/or content on the internet, and we urge you to make sure you understand these risks before using the Websites. We disclaim all responsibility for the behavior of our users and/or visitors when they access or use the Websites. 

10.2. Please be aware that your exclusive remedy and our entire liability, if any, for any and all claims arising out of these Terms and Conditions and your use of these Websites shall be limited to the amount you paid us during the 12-month period prior to the incident which gave rise to the liability. 

10.3. YOU ACKNOWLEDGE THAT (1) THE AMOUNT OF FEES PAYABLE BY YOU FOR THE USE OF THE PRODUCTS, SERVICES AND THE WEBSITES REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND CONDITIONS AND THAT (2) WE WOULD NOT HAVE ENTERED INTO THE AGREEMENT WITH YOU WITHOUT THE LIMITATIONS ON OUR LIABILITY CONTAINED IN THIS SECTION. 

10.4. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE WEBSITES.  FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY PROMISES REGARDING OUR PRODUCTS AND SERVICES OR CONTENT, OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THE WEBSITES, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.  

10.5. Please also note, that even if we have implemented security measures aimed at securing the Products, Services and the Websites, nevertheless, the internet is not a secure environment and system reliability could be impaired independently of our efforts and will. Therefore, we cannot be held liable for unpredictable events such as cyber-attacks, security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. Users are responsible for taking all appropriate measures to protect their own data, software, equipment, and systems, particularly from contamination by any malwares circulating on the internet. 

10.6. In cases where the above limitations of our liability do not apply due to the incidence of other applicable laws and regulations (e.g., based on consumer protection laws), our liability shall be limited to the fullest extent permitted by those specific applicable laws and regulations. 

10.7. You agree to defend, indemnify, and hold us and our affiliates harmless from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, and expenses) incurred in, arising out of or in any way related to (i) your breach of these Terms and Conditions; (ii) your (or any other user of your account) use of the Products, Services or the Websites; (iii) your violation of any applicable laws, rules, and regulations; or (iv) your negligence or willful misconduct the Products, Services or the Websites.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which event you will cooperate with us in asserting any available defenses. 

10.8. We reiterate that we shall not be responsible for any delay or disruption to your use of the Products, Services or the Websites, including any damages stemming therefrom, caused by circumstances falling under this clause. 

11. Termination of Use.  

11.1. Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Websites with or without notice, and for any reason, including, without limitation, breach of these Terms and Conditions. We will not allow any abuse or illegal activity for any reason whatsoever. We will not allow the transmission of malware or spam to any user or third party for any reason. Therefore, any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to the Websites and reporting you to the proper authorities. 

11.2. No Right to Products and Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Products and Services available on the Websites will immediately cease. We shall not be liable to you, or any third party, for any claims for damages arising out of any termination or suspension, or any other actions taken by us in connection therewith. 

11.3. If you are accessing/downloading the Products, Services or the Websites from any other store, platform or marketplace (e.g., Google Play, Amazon Appstore, Microsoft Store, Huawei AppGallery), you acknowledge that you have read, understood, and agree to the customer terms of use of such stores, platforms and marketplaces, as we may not be engaged with those parties under similar clauses as these Terms and Conditions. 

12. Miscellaneous Provisions. 

12.1. Express consent for specific clauses. As provided under art. 1203 of Romanian Civil Code, you hereby dully acknowledge the meaning and the scope, and dully agree to the following clauses: 1.6, 1.9, 1.11, 2.9, 4.2, 4.3, 7.1, 7.4, 9, 10, 11, 12.3, 12.4. 

12.2. International Use. Although the Websites may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the EU or EEA territories. We do not allow access or use of our Products, Services or Websites from sanctioned countries (e.g., Iran, North Korea) for legal reasons. Those who choose to access these Websites from other locations, do so on their own initiative and at their own risk. Any offer for any product, service, and/or information made in connection with the Websites is void where prohibited. 

12.3. Governing Law. Any legal relationship between we and the users party to these Terms and Conditions shall be governed by the Romanian Law.  

12.4. Jurisdiction. Any dispute arising out of or in connection with these Terms and Conditions, including with respect to their conclusion, nullity, interpretation, performance or termination thereof, shall be resolved by final arbitration organized by the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania (“CICA”), in accordance with its Arbitration Rules. The award shall be final, reasoned, binding and enforceable. The arbitral tribunal shall consist of a sole arbitrator to be appointed by the President of CICA. The seat of arbitration shall be Romania, Bucharest, within the premises of CICA, to the extent possible. The arbitral tribunal may decide to hold the proceedings by use of videoconference or any other appropriate means of communication. The language of arbitration shall be Romanian, if the applicant is residing or headquartered in Romania, or English, in all other cases. 

12.5. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of the Websites, or use of, or access to this Website, or Products and Services provided through the Websites beyond the limited rights granted to you hereunder. 

12.6. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products and Services available through our Websites arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated hereinabove. 

12.7. Severability Clause. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect. 

12.8. No Waiver. Any failure by us to enforce or exercise any provision of these Terms and Conditions or related rights shall not constitute a waiver of that right or provision. 

12.9. Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document. To the extent that anything in or associated with the Websites are in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. 

12.10. Prevailing Language. For all purposes, the English language version of these Terms and Conditions shall be the original, governing instrument and understanding between you and us. In the event of any conflict between this English language version of these Terms and Conditions and any subsequent translation into any other language, the English language version shall prevail. 

12.11. No Reliance. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. 

13. Contact and Notifications. 

13.1. If you have questions regarding the interpretation of these Terms and Conditions, please contact us at the addresses detailed below. 

13.2. All communication or notification shall be in writing and shall be made via email or conventional mail. In the latter case they must be sent 

-by email: to the attention of Customer Service at support@bigma.org (for the Free Users), 

-by email: to the attention of Customer Service at support@bigmama.network (for the Commercial Users), 

-by conventional mail, for all Users, to our address at BIGMAMA SRL, located at 27-33 Nerva Traian Street, Building B, 1st Floor, Office no. 6, District 3, Bucharest, Romania.  

13.3. You agree to allow us to submit notices to you through the email address provided or the address we have on record.  Any notices or communication under these Terms and Conditions will be deemed delivered to the party receiving such communication: (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by conventional mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.