A. Recitals

1. BigML provides the BigML.com.au web site, the BigML API, WhizzML and any other services of BigML subject to these Terms of Service. These Terms and Conditions of Use (the "Terms of Service") apply to the BigML web site located BigML.com.au ("BigML.com.au"), the BigML API located at BigML.io ("BigML.io"), WhizzML located at BigML.com.au/WhizzML ("BigML.com.au/WhizzML"), all the software applications developed, hosted and offered via the Internet by BigML, and all associated sites linked to BigML.com.au by BigML Inc, its subsidiaries and affiliates, including BigML sites around the world (collectively, "the BigML Services"). The BigML Services are the property of BigML and its licensors.
2. By creating an account or using BigML.com.au, BigML.io or any BigML Services, you are agreeing to be bound by the Terms of Service. If you do not agree, do not use any of the BigML services.
3. BigML is a registered trademark owned by BigML, Inc.

B. Parties

1. This is a legal agreement ("Agreement") between You (the "User") and BigML Inc, for use of any of the BigML Services.
2. BigML Inc is a Delaware Corporation with offices at 2891 NW 9th, Suite D, Corvallis, Oregon, United States of America.
3. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the BigML services through your account to these Terms of Services, in which case the terms "You" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the BigML Services.
4. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and BigML is intended or created by this Agreement.
5. BigML’s relationship to You is that of an independent contractor, and neither You nor BigML is an agent or a partner of the other. BigML will not have, and will not represent to any third party that it has, any authority to act on your behalf.

C. Beta Testing Period is Over

1. The BigML Services are currently out of Beta.
2. At this time, BigML makes no promises or guarantees that the BigML services are free of bugs or irregularities.
3. At this time, BigML makes no promises or guarantees as to its continued ability to provide any or all the BigML Services and all the current features to the User.
4. At this time, BigML makes no promises or guarantees as to the Services availability (i.e., uptime), disaster recovery, system performance, and/or scheduled downtimes for maintenance. If you are interested in a support level agreement tailored to your specific needs please contact us at support@bigml.com.au.

D. BigML.com.au

BigML.com.au is composed of a number of software applications that are offered via the Internet through a web site owned and operated by BigML. BigML.com.au provides its registered users with an automated method of processing sources, composed of a number of data instances, that can be transformed into datasets, which can subsequently can be transformed intro predictive models, that can then be used to generate predictions for new data instances. You can read more about how BigML works at https://bigml.com.au/about/.

E. BigML.io - The BigML API

BigML.io is composed of a number of software applications that are offered via the Internet through a REST interface. BigML.io provides a programmatic way to access most of the functionality BigML offers through BigML.com.au. You can read more about BigML.io at https://bigml.com.au/api/.

F. License

1. Subject to the terms of this Agreement, BigML hereby grants to the User, during the term of this Agreement, a revocable, royalty-free, non-sublicensable, non-exclusive, non-transferable, limited license to access the BigML Services solely for the User’s own purposes.
2. You will make no attempt to, and will not permit your Users or any other third party to make any attempt to:
   • Alter, modify, improve, reverse engineer, disassemble, or decompile the BigML Services;
   • Interfere in any manner with the hosting of the Applications or BigML Services associated with them;
   • Reproduce, duplicate, or copy any portion of the BigML Services, use of the BigML Services, or access to the BigML Services without the express permission by BigML, or
   • Sublicense to or transfer to a third party.

G. Necessary Equipment

1. The User will be solely responsible, at its own expense, for acquiring, installing, maintaining, and updating all connectivity equipment, hardware, software, ancillary services and other equipment that may be necessary for it and its Users to connect to, access, and use the BigML Services including, without limitation, mobile phones, modems, hardware, software, data plans, internet connections, land lines, and long distance or local telephone service ("Your Equipment").
2. You shall be responsible for ensuring that Your Equipment or ancillary services are compatible with the Service.

H. Authorized Users and Uses

1. BigML Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, our services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to use our services and no contract will be formed between you and BigML. Further, our services are not available to temporarily or indefinitely suspended BigML accounts.
2. You must be a human to access BigML.com.au. All automated or programmatic accesses need to be done through the BigML API at BigML.io and are subject to the BigML API specific Terms of Service.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. This information shall not be false, inaccurate, misleading, nor shall you impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything.
4. You are solely responsible for safeguarding the password and API key that you use to access the BigML Services and for any activities or actions under your password or API key. We encourage you to use "strong" passwords (passwords that use a combination of symbols, numbers, and upper and lower case letters) with your account. BigML cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. Every time you make a change in your BigML account (email, password, API key), BigML will send you an email notifying that change. If You receive such email and You did not perform the change please contact us immediately at support@bigml.com.au.
6. You will neither use nor permit others to use your BigML account (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c)for any illegal or unauthorized purpose; (d) to violate any laws in your jurisdiction (including but not limited to patent, copyright, trademark, or other intellectual property laws); or(e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network. If You, or a third party through your BigML account, violates any of the foregoing prohibitions, BigML may immediately suspend the Services and/or terminate this Agreement without further liability or obligation to You. Furthermore, You shall be responsible for the cost of any services/actions BigML takes to mitigate any damage caused by such impermissible behavior.
7. BigML Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, or other mission critical application where human life or property may be at stake including, without limitation: operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and/or life support or weapons systems. You understand that the BigML Services are not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which BigML is not responsible.

I. General Conditions

1. BigML will use reasonable efforts to ensure that the BigML Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades, emergency repairs, failure of telecommunications systems, equipment failures, acts of god, or other situations. BigML will make reasonable efforts to minimize such disruption where it is within BigML’s reasonable control. You agree that BigML will not be liable in any event to you or any other party for any suspension, modification, discontinuance, lack of availability, or other termination of the BigML Services.
2. You acknowledge and accept that there may be technical downtime with BigML services. Such downtime or errors may prevent your datasets, models or predictions being created, viewed or accessible. BigML shall not be liable if the creation or access to any dataset, model or prediction is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime. Please contact us at support@bigml.com.au if you want to discuss a premium service level agreement to meet your requirements.
3. You agree that your access and use of the BigML Services is at your own risk.
4. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.
5. Without limiting the foregoing, BIGML MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING OUT OF THIS AGREEMENT.
6. BigML does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, error-free or virus-free, (iii) the results that obtained from the use of the service will be accurate or reliable, (iv) that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and/or (v) that any errors in the BigML Services will be corrected. BIGML disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the BigML Services. No advice or information, whether oral or written, obtained from BigML or through the BigML Services, will create any warranty not expressly made herein.
7. BigML will not be responsible or liable for any harm to your computer system, loss of data, or other harm of any kind to you, your users or any other third party that results from your access to or use of the Services, or any Data. You agree that BigML has no responsibility or liability to you, your users, or any other third party for the deletion of, or the failure to store or to transmit any Data and/or any other communications maintained by the Services, or any partial or inaccurate transmission of Data.
8. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the BigML Services.
9. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of BigML.com.au, or in any way reproduce or circumvent the navigational structure or presentation of BigML.com.au, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through BigMLcom. BigML reserves the right to bar any such activity.
10. You may not attempt to gain unauthorized access to any portion or feature of the BigML Services, or any other systems or networks connected to the BigML Services or to any BigML server, or to any of the services offered on or through the BigML Services, by hacking, password "mining" or any other illegitimate means.
11. You may not probe, scan or test the vulnerability of the BigML Services or any network connected to the BigML Services, nor breach the security or authentication measures on the BigML Services or any network connected to the BigML Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the BigML Services, or any other customer of BigML, including any BigML account not owned by you, to its source, or exploit the BigML Services or any service or information made available or offered by or through the BigML Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the BigML Services.
12. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the BigML Services or BigML’s systems or networks, or any systems or networks connected to the BigML Services or to BigML.
13. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the BigML Services or any transaction being conducted on the BigML Services, or with any other person’s use of the BigML Services.
14. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the BigML Services on or through the BigML.com.au, BigML.io or any service offered on or through the BigML Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
15. You may not probe, scan or test the vulnerability of the BigML Services or any network connected to the BigML Services, nor breach the security or authentication measures on the BigML Services or any network connected to the BigML Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the BigML Services, or any other customer of BigML, including any BigML account not owned by you, to its source, or exploit the BigML Services or any service or information made available or offered by or through the BigML Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the BigML Services.
16. If You have not used your BigML account in the last twelve (12) months to create new datasets or models or make predictions, BigML reserves the right to suspend your account and delete all datasources and your datasets out. All the models and generated predictions will remain in the BigML systems until you delete them or your account is canceled or terminated.
17. BigML reserves the right at any time to suspend temporarily or permanently your BigML account with or without notice.

J. BigML.io, the BigML API specific Terms of Service

You may access your BigML.com.au data via the BigML API (Application Program Interface). Any use of the BigML API, including use of the API through a third-party product that accesses BigML.com.au, is bound by these Terms of Service plus the following specific terms:

1. To use BigML.io you need to use your API key that is automatically provided under the Account section at BigML.com.au. You are the sole responsible of keeping your API key secret.
2. All accesses to BigML.io must be done through HTTPS and need to be authenticated using your username and API key.
3. Abuse or excessively frequent requests to BigML Services via the API may result in the temporary or permanent suspension of your BigML account’s access to the API. BigML, in its sole discretion, will determine abuse or excessive usage of the API. BigML will make a reasonable attempt via email to warn the account owner prior to suspension.
4. We may change, discontinue or deprecate any APIs for the Services from time to time but will use commercially reasonable efforts to continue supporting the previous version of any API changed, discontinued, or deprecated for 12 months after the change, discontinuation, or deprecation (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities).
5. BigML reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
6. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by BigML) of other BigML customers, we reserve the right to immediately throttle your access until you can reduce your bandwidth consumption. Please send us a request for premium service access if your foresee you might need special bandwidth usage.
   If you are interested in Premium Support please contact us at support@bigml.com.au. We offer a highly personalized level of service for customers seeking technical help. You can read more at https://bigml.com.au/pricing.

K. Your Data

1. You understand that all data that you input, post, transmit, stream or upload to the BigML Services are your sole responsibility. This means that You, and not BigML, are entirely responsible for all Data that You input, upload, post, stream, transmit or otherwise make available via Your Account. BigML does not control the Data analyzed or modeled via the BigML Services and, as such, does not guarantee the accuracy, integrity or quality of such Data.
2. If your Data contains personal data of EU data subjects, you must ensure that it is compliant with the General Data Protection Regulation (GDPR), the latest European privacy law that becomes enforceable on May 25, 2018. Any information related to an identified or identifiable natural person (“data subject”) is considered personal data. If the information does not involve data subjects, for example, equipment maintenance or trading data, it is not subject to the GDPR. Among other restrictions, the law states the individuals must give explicit consent to make use of their data and this data should be stored for an adequate and limited time as long as it is necessary for a relevant purpose. BigML is not responsible if your Data is not compliant with this regulation.
3. To use the BigML services, You must be the owner, have the rights to use the data, or use public data for all sources that you create within BigML.
4. Your sources cannot be obtained by fraud, involve the use of counterfeit or stolen data, or have been obtained by other unlawful or morally repugnant method.
5. Your sources cannot infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or privacy laws. Your sources cannot violate any law, statute, ordinance or regulation (including without limitation those governing export control or consumer protection).
6. Your sources cannot create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
7. You understand and agree that BigML cannot be responsible for the data You input, post, transmit, stream, upload to the BigML Services.
8. Your data is considered confidential information by BigML as set forth in our Privacy Policy, incorporated herein by this reference. Notwithstanding the foregoing, a party receiving confidential information will not be in violation of this agreement regarding a disclosure that was in response to a valid order by a court or other governmental body nor will BigML be in violation if it discovers that the User intends to use BigML services to further an impermissible purpose or to commit or plan a crime.
9. If you find or detect a problem in the way the BigML Services process or analyze your data and you want BigML to analyze the problem, you must grant BigML a temporary authorization to inspect your data. Only then can authorized BigML personnel have momentary direct access to your data.

   DMCA Policy

   Notification of Copyright Infringement

   BigML will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or accessible from the BigML Services, please provide BigML's Copyright Agent a written notice containing the following elements:

   • A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
   • A description of the copyrighted work or works you claim have been infringed;
   • Identification of the allegedly infringing material and information reasonable sufficient to permit BigML to locate the material on the BigML Services;
   • Your contact information, including your name, address, telephone number, and email address;
   • A statement that you have a good faith belief that the use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   • A statement that the information in your written notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

   BigML's Copyright Agent may be contacted as follows:

   By mail: BigML, Inc 2851 NW 9th, Suite D Corvallis, OR 97330, US

   By email: tos@bigml.com

   If BigML receives a counter-notice and does not receive notice that the party filing the original DMCA notice filed a court action within 10 days of receiving a copy of the counter-notice, the DMCA allows BigML to restore the removed or disabled content.

   Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, may be liable for any resulting damages (including costs and attorney fees).

   BigML reserves the right to disable or terminate the account(s) of any user who is a repeat infringer.

   This information should not be construed as legal advice. BigML recommends that you seek independent legal counsel before filing a DMCA Notice or counter-notice. For further information about the DMCA, please visit the website of the United States Copyright Office at https://www.copyright.gov/legislation/dmca.pdf.

   Submitting a Counter-Notice to BigML

   If you believe that material you posted on the BigML Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notice with us by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the counter-notice must include substantially the following:

   • Your physical or electronic signature.
   • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
   • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
   • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
   • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the website may be found) and that you will accept service from the person (or an agent of that person) who provided BigML with the complaint at issue.

   Completed counter-notices should be sent to BigML at:

   By mail: BigML, Inc 2851 NW 9th, Suite D Corvallis, OR 97330, US

   By email: tos@bigml.com

   The DMCA allows us to restore the removed content if the party filing the original DMCA notice does not file a court action against you within ten business days of receiving the copy of your counter-notice. Please be aware that if you knowingly materially misrepresent that material or activity on the BigML Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

L. Your BigML Resources

1. As between the parties, You retain all right, title, and interest in and to any Your Equipment and data you input into the BigML Services.
2. BigML resources (datasets, models, ensembles, etc.) that the BigML Service creates using your data are also owned by You and considered confidential by BigML as per our privacy policy.
3. If you use public data or public datasets as input to create your models you understand that many other BigML users might create identical datasets or models to yours.
4. If you have not used your BigML resources in the last 12 months, BigML reserves the right to delete them out of our systems as set forth below.
5. You can share your Resources in BigML, if supported, by changing the privacy settings of that Resource as described in section P.

M. Blind Meta Data Collection

1. BigML retains the right to use data capture and analysis tools to extract, compile, synthesize, and analyze any non-personally identifiable data or information resulting from the User’s use of BigML Services and Applications ("Blind Meta Data"). To the extent that any Blind Data are collected by BigML, that Blind Data will be solely owned by BigML and may be used by BigML for any lawful business purpose without a duty of accounting to You if the Blind Data are used only in an aggregated form without specifically identifying the source of the Blind Data.
2. BigML retains the right to access and use blind meta level data generated during the creation of your sources, datasets, models, and predictions. These data are collected for the purpose of improving our services over time. For example, we measure how much time tasks take, the size of data that you use, the type of each attribute in your dataset, the performance of the models generated.
3. BigML does not inspect or access any detail of your sources, datasets, models, or predictions.
4. BigML does not disclose or distribute any data to a third party or use any such data for marketing purposes. Please read our Privacy Policy for more details.

N. Subscriptions

1. BigML users have the option of purchasing a subscription to the BigML service.
2. These subscriptions are sized and priced at the discretion of BigML, and may change from time to time.
3. To initiate a subscription you must enter a valid debit or credit card.
4. When you confirm your subscription on BigML, you agree to be bound by and pay for that purchase.
5. Following the end of your subscription period (typically one month, three months or twelve months, as determined by the user), your subscription will automatically renew at the same payment terms.
6. You may upgrade your subscription at any time through the self-serve functions in your account dashboard.
7. When you upgrade your subscription, you are invoiced at the price of your new subscription level. The unused, prorated amount of your old subscription and your new subscription will be debited against your account in the next billing cycle.
8. You may downgrade your subscription at any time; the downgrade will take effect at the start of your next billing cycle.
9. You may cancel your subscription at any time; your cancellation will take effect at the end of your current billing cycle.
10. No refunds will be provided for portions of the current billing cycle following a downgrade or cancellation.
11. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
12. If you believe that BigML has charged you in error, you must contact BigML within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old.
13. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
14. We never store or have access to your full card number or CVC. Our debit and credit card processing is handed off to Stripe, Inc ("Stripe"). Stripe has been certified to PCI Service Provider Level 1, the most stringent level of certification available.
15. If you decide to store your payment information for further use then BigML stores the type, the last 4 digits and the expiration date of your card so that you can save more than one payment method and can decide which one to use in the future. In this case, Stripe, Inc will save your full payment information for your future purchases with BigML.
    • We keep your payment information (type, 4 digits and expiration date of your card) con fidential and only use it in connection with the BigML Services.
    • Once you decide to delete a payment method or you delete your account BigML deletes such information out of our systems and also request Stripe to delete all your information.
16. If your subscription is cancelled, BigML will maintain all resources that were generated by your subscription. BigML retains the right to delete any resources generated by a subscription that have not been updated within 12 months.

O. BigML Credits

1. When you first create an account you receive a promotional amount of BigML Credits for free.
2. We use Credits to help you account how much each task that the BigML services performs costs you.
3. If you want to add more credits to your account you need to pay for them.
4. When you purchase or receive Credits, you do not own the Credits. Rather, you receive a limited right to use such Credits in connection with certain features on BigML, such as creating a new model.
5. If you purchase additional Credits you are actually pre-paying for your storage, modeling and prediction needs at BigML.
6. For every action in BigML that takes credits, a price tag is shown.
7. If you purchase BigML Credits please be aware that they become inactive after 365 days without creating any new BigML resource.
8. You are not required to provide a credit card number to create your account or to spend the promotional credits that you get in your first sign up.
9. To buy new credits or redeem credits through coupons you must enter a valid debit or credit card.
10. When you confirm a Credit purchase on BigML, you agree to be bound by and pay for that purchase.
11. Every time you buy new Credits BigML will bill you at the time of purchase or shortly thereafter.
12. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
13. If you believe that BigML has charged you in error, you must contact BigML within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old.
14. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
15. We never store or have access to your full card number or CVC. Our debit and credit card processing is handed off to Stripe, Inc ("Stripe"). Stripe has been certified to PCI Service Provider Level 1, the most stringent level of certification available.
16. If you decide to store your payment information for further use then BigML stores the type, the last 4 digits and the expiration date of your card so that you can save more than one payment method and can decide which one to use in the future. In this case, Stripe, Inc will save your full payment information for your future purchases with BigML.
    • We keep your payment information (type, 4 digits and expiration date of your card) confidential and only use it in connection with the BigML Services.
    • Once you decide to delete a payment method or you delete your account BigML deletes such information out of our systems and also request Stripe to delete all your information.

P. BigML Gallery

1. Any User ("Seller") can use the BigML Services to sell his or her own Resources to another User ("Buyer"). The Seller agrees to the following Conditions:
   • The Seller sets a price. Prices can be changed at any time as desired by the Seller.
   • Resources have a minimum price. There is also a maximum price in the User interface. If the Seller wants to set a price higher than the indicated maximum, he must contact BigML (gallery@bigml.com.au).
   • Resources that are offered at higher than the indicated maximum price at the request of the Seller are subject to review by BigML before they are put up for sale. BigML has the right to ask additional questions regarding the Resource and the underlying data before allowing the Resource to be sold in the Gallery.
   • Updating a Model (for instance with additional data) means selling it as a new Model.
   • Sellers can keep track of their sales and payouts in a separate tab under their account info.
   • Revenue is paid out once a month, at the first workday of the month.
   • Minimum payout is $100.
   • Revenue for the Seller is Sales price - 30% margin for BigML.
   • If in a month the minimum payout is not reached, the amount is forwarded to the next month.
   • Before the first payment, the Seller must complete a payout registration process.
2. The Buyer agrees the following Conditions:
   • The Buyer cannot re-sell a purchased Resource.
   • The Buyer will get the right to use the bought Resource, but not the ownership of it.
   • Buyers can keep track of their purchases in their accounts/payments section.
   • Once a Resource is bought, it can be re-loaded any number of times, if the Buyer has deleted it.
   • If someone has a complaint about a purchased resource, he can send it to BigML (gallery@bigml.com.au).
   • BigML will review the complaint and if found valid, suspend the Resource from the Gallery.
   • The Resource will remain suspended as long as the complaint has not been resolved. If there is no resolution reached within 1 month, BigML has the right to remove the Resource from its systems.
3. BigML will not be responsible or liable for any harm to your computer system, loss of data, or other harm of any kind to you, your users or any other third party that results from purchasing and using a resource from the Gallery.

Q. Refunds Terms

1. You can request a refund of any unused BigML Credits balance in your BigML Account, provided:
   • your account is active; and
   • you purchased the BigML Credits, that is, you did not get them through a promotion, and
   • you purchased the Credits less than 90 days ago.
2. BigML reserves the right to refuse a refund request if it reasonably believes:
   • that you are misusing this refund policy;
   • if you are in breach of these Terms of Service; or
   • if BigML reasonably suspects that you are using BigML services fraudulently or that your BigML Account is being used by a third party fraudulently.
3. Refund payments will be made in the same form and to the same entity as the original payment.

R. Invoices

1. BigML will send you an invoice to the email account you have provided for each purchase of Credits. You may wish to access your previous invoices through the invoices Section of your BigML account.
2. To display additional tax information on your invoice showing the BigML EIN or your Tax ID and address please fill out the corresponding section in the account Section.
3. BigML does not use your EIN, Tax ID or other tax information you choose to display on your invoice for any other purpose than invoicing.

S. Ownership

1. You retain all right, title, and interest in and to any User Equipment and data that you input.
2. All right, title, and interest in and to the BigML Services, (excluding Data provided by you) are and will remain the exclusive property of BigML and its licensors. The BigML Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the BigML name or any of the BigML trademarks, logos, domain names, and other distinctive brand features.
3. BigML retains all right, title, and interest in and to all software, materials, blind meta data and BigML proprietary information and technology used by BigML, or provided to You, in connection with the BigML Services, including without limitation the applications, documentation, and any and all improvements, updates, and modifications to them, and including all Intellectual Property Rights to them. BigML reserves any rights or licenses not expressly granted to You under this Agreement.
4. Intellectual Property: You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trade marks and trade names whether registered or unregistered and subsisting anywhere in the World) in the BigML Services belongs to BigML or its third party licensors. Accordingly, any part of the BigML Services (or its source HTML or any other code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the BigML Services, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Services.
5. Patents: One or more patents owned by BigML, Inc. or its affiliates may apply to the BigML Services and to the features and services accessible via the BigML API.
6. Trademarks: BigML is a trademark. It may not be used in connection with any product or service that is not BigML’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BigML. All other trademarks not owned by BigML that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BigML.
7. Copyright: All content included on the BigML Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BigML or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the BigML Services is the exclusive property of BigML and protected by U.S. and international copyright laws. All software used on the BigML Site is the property of BigML or its software suppliers and protected by United States and international copyright laws.
8. Feedback and Information: Any feedback, comments, or suggestions you may provide regarding BigML, or the Services is entirely voluntary and shall be deemed to be non- confidential. BigML shall be free to use such feedback, comments or suggestions on an unrestricted basis and as we see fit without any obligation to you.

T. Privacy & Security

1. Your privacy and the protection of your data are very important to us. We recommend you review our Privacy Policy at Privacy Policy, which is incorporated into this agreement and will help you understand how we collect, use and safeguard the information you provide to us.
2. The best security practices drive everything we do. If you have any questions, or encounter any issues, please contact us at security@bigml.com.au.

U. Cancellation, Termination or Modification

1. The Terms of Service is effective immediately upon creation of a BigML account or any use of the BigML Services and will remain effective until you cancel your account or until BigML terminates your account as set forth below.
2. You can delete your account and all its associated data at any time by clicking on the Delete Account link in the account section https://bigml.com.au/account. This section provides a simple no questions asked cancellation button. You must provide your password which helps ensure that your account is not canceled without your permission. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation.
3. All of your data will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
4. If you cancel the Service before you request a refund for your Credits or for the money you earned selling your Resources (see Section P), your cancellation will take effect immediately and your Credits and money will be forfeited.
5. Termination of BigML services results in the deletion of your Account and all Data.
6. BigML reserves the right to refuse service to anyone for any reason at any time. BigML, in its sole discretion, retains the right to suspend or terminate your account and/or refuse any and all current or future use of the BigML Services, for any reason at any time. Without limiting other remedies, BigML may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and/or refuse to provide the Services to You if:
   • You breach any of the Terms of Service;
   • BigML is unable to verify or authenticate any information you provide to us to create your BigML account; and or
   • BigML believes that your actions are impermissible or may create legal liability for us.
   Termination of the BigML Services for these circumstances results in the the deletion of your Account and all Data as well as forfeiture of all Credits in your Account.
7. Abuse or excessively frequent requests to BigML Services may result in the temporary or permanent suspension of your BigML account’s. BigML, in its sole discretion, will determine abuse or excessive usage. BigML will make a reasonable attempt via email to warn the account owner prior to suspension.
8. BigML reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
9. BigML may change, suspend or discontinue the BigML Services totally or partially for any reason, at any time, including the availability of any feature. BigML may also impose limits on certain features and services or restrict your access to parts or all of the BigML Services without notice or liability.
10. BigML may change, discontinue or deprecate any APIs for the Services from time to time but will use commercially reasonable efforts to continue supporting the previous version of any API changed, discontinued, or deprecated for 12 months after the change, discontinuation, or deprecation (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities).
11. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by BigML) of other BigML customers, we reserve the right to immediately throttle your access until you can reduce your bandwidth consumption. Please send us a request for premium service access if your foresee you might need special bandwidth usage.
    If you are interested in Premium Support please contact us at support@bigml.com.au. We offer a highly personalized level of service for customers seeking technical help. You can read more at https://bigml.com.au/pricing.
12. If you have not used your resources to create additional resources in the last 12 months, BigML reserves the right to terminate your account and delete them out of our systems.
13. Except for the aforementioned circumstances, BigML will not delete you models or predictions until you delete them, you cancel your BigML account or it is terminated.
14. Unless earlier terminated as provided above, this Agreement will remain in effect until terminated, at will, by either party.

V. Spread the Word

1. BigML's "Spread the Word" promotion rewards users who get three new users to sign up for a BigML account with a one-month Standard subscription.
2. Users who successfully earn subscriptions through the "Spread the Word" promotion will be notified via email, and their account will reflect the subscription.
3. Users who already have a monthly subscription will receive a refund equivalent to the value of one month of a Standard monthly subscription.
4. Free months are rewarded at BigML's discretion; BigML retains the right to not award a free month's service in the event of suspected abuse of the program.
5. BigML retains the right to terminate the "Spread the Word" promotion at any time.

W. Limitation of Liability

1. BigML will not be liable for special, incidental, direct, or consequential damages arising out of or in connection with this Agreement, including, but not limited to, interrupted communications, lost data, or lost profits, even if BigML has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any limited remedy in this Agreement.
2. BigML aggregate liability arising out of your use of the BigML Services will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past three months.
3. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, BigML’s liability will be limited to the fullest extent permitted by applicable law.
4. You expressly understand and agree that BigML shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BigML has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

X. Hold Harmless and Indemnity

1. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify BigML, and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the BigML Services (including anything you develop using BigML.io), including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed into BigML including infringement of intellectual property laws or civil or criminal claims. BigML shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
2. You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of any User ID. You will defend, indemnify, and hold BigML, its employees, officers, agents, or other partners from and against any third-party claims arising from or in any way related to any User Ids, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. If anyone brings a claim against BigML related to your actions, Data or information on BigML, you will indemnify and hold BigML harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Y. Assignment

1. You will not transfer any of your rights or obligations under the Terms of Service to anyone else without BigML written consent. Any purported attempt to do so without that consent is null and void.
2. All of our rights and obligations under the Terms of Service are freely assignable by BigML in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Z. Notices and Electronic Notices

1. All notices, consents, or approvals required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, by BigML when sent by confirmed e- mail to tos@bigml.com.au or when delivered by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to BigML Inc., 2851 NW 9th, Suite D, Corvallis, OR, 97330.
2. All notices, consents, or approvals required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, by you when sent by confirmed email to the email address you provide or when delivered by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to the physical address you have provided.
3. When you visit the BigML Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

AA. General Provisions

1. All waivers must be in writing. The failure of BigML to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or any other right or provision on any other occasion.
2. If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
4. This Agreement may be executed in counterparts, each of which will be considered an original, but all of which together constitute the same instrument.
5. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
6. The laws of your country may be different from those of Oregon and the United States in numerous respects. There is no practical way for BigML to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.
7. BigML’s relationship to you is that of an independent contractor, and neither party is an agent or a partner of the other. You will not have and will not represent to any third party that you have authority to act on behalf of BigML.
8. Any preprinted terms on your purchase order are expressly rejected by BigML and will be given no force or effect.
9. This Agreement will be governed by and construed in accordance with the laws of the state of Oregon, U.S.A., without regard to Oregon’s conflict-of-laws principles. The parties expressly disclaim the United Nations Convention on Contracts for the International Sale of Goods, and the provisions thereof will not govern this Agreement. The parties agree that any claim asserted in any legal proceeding by one party against the other will be commenced and maintained exclusively in Benton County Circuit Court, located in Corvallis, Oregon or in the Ninth Circuit Federal Court located in the District of Eugene, Oregon. Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.

AB. Special Provisions Applicable to Users Outside the United States

1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you are not allowed to create a BigML Account or use the BigML Services.

AC. Miscellaneous

BigML.com.au is not a digital storage neither a backup service. So please do not use BigML for storing or backing up your data. Make sure that you keep a copy of your original data elsewhere. This means that You can push new sources of data to BigML but You cannot retrieve your data back from BigML. Specifically, you can only preview a few lines of your sources, download the summaries of your datasets, download models and predictions but not the original source that you used to generate the datasets or the full datasets.