Terms of Use.

These Terms of Use ("Terms") govern your access to and use of the Big Tosh platform, website, APIs, email services, and all related products and services (collectively, the "Services") provided by Big Tosh Inc. ("Big Tosh," "we," "us," or "our").

By accessing the Services, clicking "I agree," submitting a demo request, or otherwise using any part of our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and Cookie Policy, which are incorporated by reference.

If you are accessing the Services on behalf of an institution or organisation, you represent and warrant that you have the authority to bind that entity to these Terms.

Big Tosh provides a campus onboarding and connection platform designed to help educational institutions engage incoming students before they arrive. Our Services include:

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you.

You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that:

• You are at least 18 years of age.
• You have the legal capacity to enter into binding contracts under applicable law.
• You are not barred from receiving or using the Services under the laws of your jurisdiction.
• All information you provide is accurate, current, and complete.
• You are authorised to act on behalf of your institution if submitting a request in an institutional capacity.

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your information to keep it accurate and current.
• Maintain the confidentiality of your login credentials and restrict access to your account.
• Notify us immediately of any unauthorised use of your account at [email protected].
• Accept responsibility for all activities that occur under your account.

You may use our Services only for lawful purposes and in accordance with these Terms. Acceptable uses include:

• Submitting genuine demo requests on behalf of your educational institution.
• Scheduling and attending product demonstration calls with our team.
• Using the administrative dashboard to manage legitimate leads and bookings.
• Sending email campaigns to leads who have consented to receive communications from your institution.
• Accessing analytics and reporting features for legitimate business purposes.

• Misrepresent identity: impersonate any person or entity, or falsely claim affiliation with any institution.
• Spam or unsolicited messaging: use our email campaign tools to send unsolicited bulk messages or violate anti-spam laws.
• System interference: attempt to gain unauthorised access to, disrupt, or damage our servers, networks, or databases.
• Automated scraping: use bots, crawlers, or automated means to extract data from our Services without written permission.
• Reverse engineering: decompile, disassemble, or otherwise attempt to discover the source code of our platform.
• Harmful content: upload or transmit viruses, malware, or any code designed to harm our systems or other users.
• Illegal activities: use the Services for any unlawful purpose or in violation of any applicable laws or regulations.
• Competitive intelligence: access the Services to build a competing product or to benchmark against our Services without consent.

The Services and all Content are owned by or licensed to Big Tosh and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for their intended purpose in accordance with these Terms. This licence does not include the right to modify, sell, scrape, frame, or remove proprietary notices from our Content.

Demo requests and initial consultations are provided free of charge. Fees apply only if you enter into a separate written agreement with Big Tosh for paid services. Where fees apply: all fees are exclusive of applicable taxes; payment is due within 30 days of invoice; late payments accrue interest at 1.5% per month; and we reserve the right to suspend Services for accounts with overdue balances exceeding 30 days.

We do not warrant that the Services will be uninterrupted or error-free. Demo outcomes or engagement rates described in our marketing materials are illustrative and not guarantees of specific results.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIG TOSH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES arising out of or in connection with your use of the Services.

Our total cumulative liability to you for any claims arising under these Terms will not exceed the greater of (a) the total fees you paid to Big Tosh in the twelve months preceding the event giving rise to liability, or (b) one hundred US dollars ($100).

You agree to indemnify, defend, and hold harmless Big Tosh and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms, your use of the Services in a manner not authorised by these Terms, your violation of any third-party rights, or any content you submit that is false, misleading, or unlawful.

We may suspend or terminate your access to the Services at any time, with or without cause, and without liability to you. Grounds for immediate termination include violation of these Terms, fraudulent activity, or actions that we believe may harm Big Tosh or other users.

You may stop using the Services at any time. Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitations of liability, and governing law.

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

• Entire agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Big Tosh regarding the Services.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force and effect.
• No waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
• Changes to Terms: We may modify these Terms at any time. Material changes will be communicated with at least 14 days' notice. Continued use constitutes acceptance.
• Language: The official language of these Terms is English. Any translations are provided for convenience only.