General Terms

bigspark is the UK’s fastest growing data solutions consultancy. We are creating a world where data pipelines, data management and AI models are seamlessly integrated and fully automated. Allowing our clients to manage vast amounts of data and redesign their business models, boosting productivity and deepening the customer relationship.

By accessing our website and using our services, you confirm that you are in agreement with and bound by the terms of services contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and bigspark, the provider of the bigspark website and the services accessible from the bigspark website, and constitute a contract between the parties.

Under no circumstances shall bigspark team be liable for any direct, indirect, incidental or consequential damages, including, but not limited to loss of data or profit arising out of the use or the inability to use the services on this site, even if bigspark team or an authorised representative has been advised of the possibility of such damages. If your use of the services from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. bigspark will not be responsible for any outcome that may occur during the course of usage of our services.

By using our website, you confirm that you are at least 18 years of age. If you are under 18, you must not use this website. We reserve the right to terminate your access to our services if we become aware that you are underage.

Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

• bigspark: when these terms mention “bigspark”, “company”, “we,” “us,” or “our,” it refers to bigspark Ltd, 2 Lace Market Square Nottingham NG1 1PB England, that is responsible for your information under these Terms & Conditions.
• User: when these terms mention “User” or “you”, it refers to a person or entity that is registered with bigspark in order to use any of our services.

• Parties: refer to “bigspark” and “User”, together. Individually, each one is a “Party”.

• Country: refers to where bigspark or the owners/founders of bigspark are based, which is, in this case, United Kingdom.

• Website: refers to bigspark’s site, which can be accessed via this URL: www.bigspark.ai

• Services: refers to the services provided by bigspark as described in the relative terms and on this platform including, but not limited to, the ability to analyse selected user enterprise data, procure services and solutions, self-assess risks arising from the use of AI systems, secure appointments, run analytics and obtain complementary support services and compliance entry points.

• Third-party services: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

• Personally identifiable information (PII) refers to any information that can be used to identify, contact, or locate an individual, either alone or when combined with other data.

• Dispute: refers to any dispute, action, or other controversy between you and bigspark concerning the services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.

• Suggestions: refers to any feedback, comments, ideas, improvements or suggestions provided by you to bigspark with respect to the website.

• Updates: refers to any patches, bug fixes, updates, upgrades and other modifications that bigspark may from time to time provide to the features/ functionality of the website.

• Device: refers to any internet connected device such as a phone, tablet, computer or any other device that can be used to visit bigspark and use the services.
• Cookie: refers to a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
• VAT: refers to the Value added tax.
• T&C: refers to these Terms & Conditions.

Licence

bigspark grants you a revocable, non-exclusive, non-transferable, limited licence to download, install and use the website strictly in accordance with these Terms & Conditions.

You are agreeing to be bound by these T&C, which are valid and applicable from January 1st 2024. If you do not agree to these T&C, please do not use the bigspark services.

If you violate any of these T&C, we reserve the right to cancel your account or block access to your account without notice.

Our Services

bigspark provides you with access to a variety of services, including the ability to analyse selected user enterprise data, procure services and solutions, self-assess risks arising from the use of AI systems, secure appointments, run analytics and obtain complementary support services and compliance entry points.

Links to Other Websites

These Terms & Conditions apply only to the services. The services may contain links to other websites not operated or controlled by bigspark. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the services to another website, our T&C are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Restrictions

The services are for your personal and non-commercial use. You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.

• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.

• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of bigspark or its affiliates, partners, suppliers or the licensors of the website.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that bigspark shall not be responsible for any Third-Party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. bigspark does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party services.

Third-Party services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Payment

If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the services in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable.

No contract will exist between you and bigspark for the services until bigspark accepts your order by a confirmatory e-mail or other appropriate means of communication.

Subscription payments will be taken monthly via GoCardless direct debit. For any subscription that we get, you will be sent, via email, an invoice for their total service. Within this digital invoice there will be a link for GoCardless that will take you to a direct debit form linked to our bank and from there we can collect the monthly payments. This is available for UK, EU or USD customers.

Our costs are subject to 20% VAT.

You are responsible for any third-party fees, attorney fees, court costs, or other costs that you may incur when using the services.

Cookies

bigspark uses cookies to identify the areas of our website that you have visited. We use cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in cookies.

Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by bigspark, its licensors or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of bigspark, unless and except as is expressly provided in these Terms & Conditions. Any unauthorised use of the material is prohibited.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by you to bigspark with respect to the website shall remain the sole and exclusive property of bigspark.

bigspark shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Your Consent

We've updated our T&C to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

Interruption of the Provision of Our Services

You acknowledge and agree that bigspark may stop (permanently or temporarily) providing the services (or any features within the services) to you or to Users generally at bigspark’s sole discretion, without prior notice to you. You may stop using the services at any time. You do not need to specifically inform bigspark when you stop using the services. You acknowledge and agree that if bigspark disables access to your account, you may be prevented from accessing the services, your account details or any files or other materials which are contained in your account.

Updates

bigspark may from time to time provide enhancements or improvements to the features/ functionality of the website. Updates may modify or delete certain features and/or functionalities of the website. You agree that bigspark has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this sgreement.

Amendments to this Agreement

bigspark reserves the right, at its sole discretion, to modify or replace this agreement at any time, as well as to make improvements or changes to the services described herein, without prior notice of such changes and without any consequences to the detriment of bigspark.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use our services.

Entire Agreement

The agreement constitutes the entire agreement between you and bigspark regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and bigspark.

You may be subject to additional terms and conditions that apply when you use or purchase other bigspark's services, which bigspark will provide to you at the time of such use or purchase.

Indemnification

You agree to indemnify and hold bigspark and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, bigspark, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, bigspark provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither bigspark nor any bigspark's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of bigspark are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of bigspark and any of its suppliers under any provision of this agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.

To the maximum extent permitted by applicable law, in no event shall bigspark or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if bigspark or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Term and Termination

This agreement shall remain in effect until terminated by you or bigspark. bigspark may, in its sole discretion, at any time and for any or no reason, suspend or terminate this agreement with or without prior notice.

This agreement will terminate immediately, without prior notice from bigspark, in the event that you fail to comply with any provision of this agreement. You may also terminate this agreement by deleting the website and all copies thereof from your computer.

Upon termination of this agreement, you shall cease all use of the website and delete all copies of the website from your computer.

Termination of this agreement will not limit any of bigspark's rights or remedies at law or in equity in case of breach by you (during the term of this agreement) of any of your obligations under the present agreement.

Severability

If any provision of this agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This agreement, together with the Privacy Policy and any other legal notices published by bigspark on the services, shall constitute the entire agreement between you and bigspark concerning the services. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and bigspark’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this agreement and any applicable purchase or other terms, the terms of this agreement shall govern.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of bigspark without any compensation or credit to you whatsoever. bigspark and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

In order to understand how personal data is processed, Users may read the complete bigspark privacy policy.

Applicable Law and Dispute Resolution

The agreement is subject to the laws of England and Wales. In the event of a disagreement or dispute between the Parties regarding the interpretation, content, execution or termination of this agreement, the Parties shall attempt to resolve it in a good faith and amicably, and if this is not possible, the Parties shall submit the conflict to the competent courts of England and Wales, waiving any other jurisdiction that may be applicable to them

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorised representative of bigspark. bigspark will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. bigspark operates and controls the bigspark Service from its offices in United Kingdom. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the bigspark Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the bigspark Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and bigspark concerning its subject matter, and cannot be changed or modified by you. The section headings used in this agreement are for convenience only and will not be given any legal import.

Contact Us

Don't hesitate to contact us at ai.info@bigspark.dev or via this link https://www.bigspark.ai if you have any questions. Our registered office is addressed at bigspark Ltd 2 Lace Market Square Nottingham NG1 1PB England.