BIGBRAIN

Terms of Service

Last updated: August 28, 2026 · BigFish Brain LLC

Contents
  1. 1. Acceptance of These Terms
  2. 2. About BigFish Brain LLC
  3. 3. Description of Services
  4. 4. Eligibility and Registration
  5. 5. Acceptable Use
  6. 6. Client Content and Data
  7. 7. Intellectual Property Rights
  8. 8. Fees, Payment, and Taxes
  9. 9. Third Party Services and Content
  10. 10. Confidentiality
  11. 11. Disclaimer of Warranties
  12. 12. Limitation of Liability
  13. 13. Indemnification
  14. 14. Termination
  15. 15. Governing Law and Dispute Resolution
  16. 16. Force Majeure
  17. 17. Entire Agreement and Assignment
  18. 18. Changes to These Terms
  19. 19. How to Contact Us
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1. Acceptance of These Terms

Welcome to the website of BigFish Brain LLC. These Terms of Service constitute a legally binding agreement between you and BigFish Brain LLC, a limited liability company registered in the United States with offices at 761 Martingale Ln, Park City - 84098-7559, United States (US). By accessing this website, submitting an inquiry, or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use the website or the services.

These Terms apply to every visitor, prospect, client, and partner, regardless of whether a formal contract has been signed. Where we enter into a separate written agreement with a client, that agreement will govern the specific engagement, and these Terms will apply to the extent they do not conflict with it. We recommend that you read these Terms carefully and keep a copy for your records.

2. About BigFish Brain LLC

BigFish Brain LLC is a professional services company focused on computer systems design, data intelligence, machine learning, and cloud architecture. The company is based at 761 Martingale Ln, Park City - 84098-7559, United States (US), and provides services to organizations across a wide range of industries. The website bigbrain.mom serves as the primary public gateway for information about the company, its capabilities, and how to get in touch.

The services described on this website are developed and operated by the developer BigBrainy on behalf of BigFish Brain LLC. References to the company in these Terms include its owners, employees, contractors, and authorized representatives. The company reserves the right to subcontract portions of an engagement to qualified specialists, always subject to the confidentiality and quality obligations described in these Terms.

3. Description of Services

BigFish Brain LLC provides professional consulting and engineering services in the following areas: data analytics and insights, machine learning and AI systems, software architecture and engineering, cloud and infrastructure strategy, business intelligence dashboards, and team training and advisory. These services may be delivered as fixed-scope projects, as ongoing managed engagements, or as time-and-materials consulting, depending on what is agreed with each client.

The specific scope, deliverables, timeline, and fees for any engagement will be described in a statement of work, proposal, or other written document agreed to by both parties before work begins. Any estimates provided on the website or in discussions are indicative only and do not constitute a binding offer. The company makes every reasonable effort to deliver high quality work on schedule, but delivery dates may be adjusted where the client requests changes or where dependencies outside our control cause delay.

4. Eligibility and Registration

Our website and services are intended for use by businesses and adult professionals. By using the website or engaging our services, you represent that you are at least 18 years of age and that you have the authority to enter into agreements on behalf of yourself or the organization you represent. If you provide information on behalf of a company, you confirm that you are authorized to bind that company to these Terms.

Where an engagement requires account access, shared repositories, or credentials, you are responsible for maintaining the confidentiality of your access and for all activity that occurs under your account. You agree to notify us promptly if you suspect any unauthorized use of your credentials. We may suspend access if we reasonably believe that an account is being used in a way that violates these Terms or compromises security.

5. Acceptable Use

You agree to use the website and our services only for lawful purposes and in a manner that does not infringe the rights of others or restrict the use of the site by anyone else. You must not attempt to gain unauthorized access to any part of the website, its servers, or connected systems. You must not introduce malicious software, attempt to overload our infrastructure, or interfere with the normal operation of the site.

You must not use the website to transmit unlawful, defamatory, or fraudulent content, and you must not impersonate another person or entity. If you request our services, you agree to provide accurate and complete information and to update that information when it changes. We reserve the right to restrict or deny access to the website or services to anyone who violates these rules, without prior notice and in our reasonable discretion.

6. Client Content and Data

During an engagement, clients may share data, documents, code, and other materials with us so that we can perform the agreed services. As between the client and BigFish Brain LLC, the client retains all right, title, and interest in its own content and data. We use client content only for the purpose of performing the engagement and in accordance with the confidentiality obligations described in these Terms.

You represent that you have the rights and permissions necessary to provide any content or data you share with us, and that doing so does not violate any law or any agreement you have with a third party. We will not share client content with third parties except as necessary to deliver the services, as required by law, or with your consent. Upon completion of an engagement, we will return or delete client materials in accordance with the agreement and our standard data handling practices.

7. Intellectual Property Rights

The website, including its text, graphics, logos, design, code, and all other content, is owned by BigFish Brain LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may view and download material from the website for your own internal business use, but you may not reproduce, modify, distribute, or create derivative works from it without our prior written permission.

Work products developed specifically for a client under a paid engagement, such as custom dashboards, models, and documentation, are typically assigned to the client as described in the statement of work. However, the company retains ownership of its underlying methodologies, tools, frameworks, and pre-existing materials, and the client receives a perpetual license to use any delivered work product for its own business purposes. Any questions about intellectual property should be raised before an engagement begins so that expectations are clear on both sides.

8. Fees, Payment, and Taxes

Fees for our services are set out in the proposal or statement of work agreed to by the client before work begins. Unless otherwise stated, fees are payable in United States dollars, and invoices are due within the payment terms shown on the invoice. If a client fails to pay an invoice when due, we may suspend work until payment is received, and overdue amounts may accrue interest at the rate permitted by law.

Unless otherwise stated, all fees are exclusive of taxes. The client is responsible for any sales, use, value added, or similar taxes imposed on the services, other than taxes based on our income. Expenses such as travel, software licenses, and third party services will be itemized and invoiced at cost unless they are included in the agreed fee. Any changes to the scope of an engagement will be documented in writing, and fees may be adjusted accordingly before additional work begins.

9. Third Party Services and Content

Our website may link to, and our services may use, software and platforms provided by third parties, including cloud providers, code hosting services, and analytics tools. These third party services are governed by their own terms and privacy policies, and BigFish Brain LLC is not responsible for their operation, availability, or content. Any use of such services by you is subject to the terms of the respective provider.

When we recommend or integrate third party tools on behalf of a client, we will identify the relevant providers and their terms so that the client can make an informed decision. We do not warrant the accuracy, reliability, or completeness of any third party content linked from our website. If you access a third party service through a link on our site, you do so at your own risk and in accordance with that provider terms.

10. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during an engagement, including business plans, technical data, financial information, client lists, and the details of any work product. Each party will use the other confidential information only for the purpose of the engagement and will protect it using the same degree of care it uses to protect its own confidential information, which must in any case be a reasonable standard of care.

Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, information lawfully obtained from a third party, information independently developed, or information that must be disclosed to comply with law or court order. These obligations survive the completion or termination of any engagement. We will not disclose the identity of a client or the details of a project without permission, except as required to reference the work in a portfolio with the client consent.

11. Disclaimer of Warranties

Our services are provided with professional care and reasonable skill, and we stand behind the quality of the work we deliver. However, to the fullest extent permitted by law, the website and all services are provided on an as is and as available basis, without warranties of any kind, whether express or implied. We do not warrant that the website will be uninterrupted, error free, or free of harmful components, and we do not warrant that any particular result, outcome, or business benefit will be achieved.

Results from data analysis and machine learning are inherently probabilistic, and future performance may differ from historical patterns. We make no guarantee regarding the accuracy of forecasts, the profitability of recommendations, or the performance of systems under conditions outside the scope of the engagement. Any reliance you place on information from the website or our materials is strictly at your own risk, and you should verify critical information independently.

12. Limitation of Liability

To the fullest extent permitted by law, BigFish Brain LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with the website or the services, regardless of the legal theory on which the claim is based. This limitation applies even if we have been advised of the possibility of such damages.

Our total cumulative liability arising out of or relating to these Terms or any engagement shall not exceed the total fees paid by the client for the specific service giving rise to the claim during the twelve months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you. The exclusions and limitations in these Terms are intended to apply to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless BigFish Brain LLC and its owners, employees, contractors, and agents from and against any claims, damages, losses, liabilities, and reasonable expenses, including legal fees, arising out of or related to your use of the website, your breach of these Terms, your violation of any law or regulation, or your infringement of any third party rights.

This indemnity also covers claims arising from content or data that you provide to us or instruct us to process, to the extent that such claims are caused by that content or data. We will notify you promptly of any claim subject to indemnification, allow you to control the defense at your expense, and cooperate with you in the defense. You may not settle any claim without our prior written consent if the settlement requires an admission of liability by us.

14. Termination

These Terms remain in effect while you use the website or receive our services. Either party may terminate an engagement in accordance with the notice period and terms set out in the statement of work, or by mutual written agreement. We may suspend or terminate access to the website immediately if you breach these Terms, including any acceptable use or payment obligation, or if continuing to provide access would violate the law or create a security risk.

Upon termination of an engagement, the client will pay for all work performed and expenses incurred up to the effective date of termination, unless otherwise agreed. Provisions of these Terms that by their nature should survive termination, including those relating to confidentiality, intellectual property, payment, warranties, limitation of liability, and indemnification, will remain in force. Termination does not affect any rights or obligations that accrued before the date of termination.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Utah, without regard to its conflict of law principles, and the federal laws of the United States to the extent applicable. Any dispute arising out of or relating to these Terms or the services will be governed by the courts located in the State of Utah, and both parties consent to the exclusive jurisdiction and venue of those courts, except where prohibited by applicable law.

Before filing any legal action, the parties agree to attempt to resolve the dispute through good faith negotiation for a period of 30 days following written notice of the dispute. If the dispute is not resolved through negotiation, it may be submitted to mediation before resorting to litigation. Nothing in this section prevents either party from seeking injunctive or other equitable relief where monetary damages would be inadequate.

16. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond its reasonable control, including natural disasters, extreme weather, war, terrorism, civil unrest, pandemics, government actions, power failures, internet outages, or failures of third party infrastructure. The affected party will notify the other party as soon as reasonably possible and will resume performance when the event subsides.

If a force majeure event continues for more than 30 days, either party may terminate the affected engagement without penalty, and fees will be adjusted to reflect work completed and costs reasonably incurred up to the date of termination. This section does not excuse obligations to pay for services already rendered, and each party will use reasonable efforts to minimize the impact of any force majeure event.

17. Entire Agreement and Assignment

These Terms, together with any statement of work, proposal, and other documents expressly incorporated by reference, constitute the entire agreement between you and BigFish Brain LLC regarding the website and the services, and they supersede all prior and contemporaneous agreements, representations, and understandings. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms and our rights and obligations to an affiliate or to a successor in connection with a merger, acquisition, or sale of substantially all of our assets, and we will notify you of any such assignment as required by law. The failure of either party to enforce any provision of these Terms will not constitute a waiver of that provision.

18. Changes to These Terms

We may revise these Terms of Service from time to time to reflect changes in our business, in our services, or in applicable law. When we make material changes, we will update the last updated date at the top of this page and may post a notice on the website. We encourage you to review these Terms periodically so that you are aware of any updates and how they affect your use of the website and services.

Changes become effective when they are posted on this page unless a different effective date is stated. For active engagements, material changes that adversely affect a client will not be applied retroactively without written notice and agreement. Your continued use of the website or services after changes are posted constitutes acceptance of the revised Terms, so please review them carefully each time you visit.

19. How to Contact Us

If you have any questions about these Terms of Service, or about any aspect of our website or services, please contact us. We are happy to clarify any provision and to discuss how we can work together. The quickest way to reach us is by email at inbox@bigbrain.mom, and you may also call us at +17747459447 during business hours.

BigFish Brain LLC · 761 Martingale Ln, Park City - 84098-7559, United States (US) · inbox@bigbrain.mom · +17747459447

Thank you for reading our Terms of Service. We look forward to the opportunity to help you turn data into confident decisions, and we will always do our best to be clear, fair, and professional in every engagement.

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© 2026 BigFish Brain LLC · 761 Martingale Ln, Park City - 84098-7559, United States (US)

inbox@bigbrain.mom · +17747459447 · Privacy Policy · Terms of Service