Terms Of Services

Effective Date: September 1, 2026
Last Updated: September 1, 2026

Acceptance of These Terms

These Terms of Service ("Terms") govern your use of the Bigfolio LLC website and, where no signed agreement exists, our services. By using this website or engaging our services, you agree to these Terms.

If a signed proposal, Service Agreement, Retainer Service Agreement, or statement of work exists between you and Bigfolio, that document governs and takes precedence over these Terms to the extent of any conflict.

If you do not agree to these Terms, do not use this website or engage our services.

1. About Us

Bigfolio LLC is a limited liability company registered in the United States.

United States: 453 S Spring St, Suite 1212, Los Angeles, CA 90013, USA
Contact: hello@bigfolio.co

2. Services

Bigfolio provides ecommerce services including Shopify and Shopify Plus development, headless and Hydrogen storefront development, theme design and customisation, custom application development, platform migrations, third-party and ERP integrations, conversion optimisation, and ongoing support.

Scope for any engagement is defined in the applicable signed agreement or statement of work. Nothing on this website constitutes an offer to provide services on any particular terms.

3. Website Use

You agree not to:

• Use this website unlawfully or in breach of these Terms
• Attempt to gain unauthorised access to our systems
• Interfere with the operation or security of the website
• Scrape, copy, or reproduce content except as permitted by law
• Use automated systems to access the site in a way that imposes unreasonable load

4. Website Content and Intellectual Property

All content on this website, including text, design, graphics, logos, and code, is owned by Bigfolio or licensed to us and protected by intellectual property law. You may view and print pages for your own reference. Any other use requires our written permission.

Client work displayed in our portfolio is shown with permission and remains the property of the respective clients.

5. Client Engagements

• Scope, fees, and timelines are set out in the applicable agreement
• Payment terms follow that agreement, and 15 days from invoice date where not stated
• Overdue accounts may incur interest at 1.5% per month or the maximum permitted by law, whichever is lower
• We may suspend work on accounts more than 15 days overdue, following written notice
• Fees are exclusive of applicable taxes

6. Intellectual Property in Deliverables

Deliverables. On receipt of payment in full, we assign to you all rights in the custom deliverables created specifically for your project.

Background IP. We retain ownership of pre-existing tools, frameworks, libraries, methodologies, and general know-how. Where incorporated into deliverables, we grant a perpetual, non-exclusive, royalty-free licence to use them as part of those deliverables.

Third-party components. Deliverables may include open-source or third-party components governed by their own licences.

Portfolio rights. We may reference your project and display non-confidential work in our portfolio and marketing, and may include a "Developed by Bigfolio LLC" attribution, unless you notify us otherwise in writing.

7. Confidentiality

Each Party shall use the other's confidential information only for the engagement, protect it with at least reasonable care, and not disclose it except to personnel and contractors under equivalent obligations. These obligations survive for three years after the engagement ends and do not apply to information that is public, already known, independently developed, or required to be disclosed by law.

8. Warranties and Disclaimers

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. Defects attributable to us and reported in writing within fourteen (14) days of delivery will be corrected at no charge.

Except as expressly stated, and to the maximum extent permitted by law, we disclaim all other warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant or guarantee:

• Any specific sales, revenue, traffic, conversion, or ranking outcome
• Uninterrupted or error-free operation of any website or application
• The reliability, availability, or continued functionality of Shopify or any third-party platform, application, or integration
• Compatibility with future platform updates outside our control

9. Limitation of Liability

To the maximum extent permitted by law:

• Our total aggregate liability arising out of or relating to any engagement shall not exceed the total fees paid by you for that engagement in the six (6) months preceding the event giving rise to the claim.
• Neither Party shall be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business interruption, even if advised of the possibility.
• We are not liable for failures, outages, defects, or changes in third-party platforms, applications, hosting, or payment processors, including Shopify.
• Nothing limits liability for fraud, wilful misconduct, gross negligence, or any liability that cannot lawfully be limited.

The Parties agree these limitations are an essential element of the pricing.

10. Indemnification

You will indemnify, defend, and hold us harmless from any third-party claim arising from content or materials you supply, your business operations, your modification or misuse of deliverables, your breach of these Terms, or your violation of applicable law.

We will indemnify you against any third-party claim that deliverables we created infringe a US copyright or trade secret, provided you notify us promptly and grant us sole control of the defence. This does not apply to claims arising from your materials, third-party or open-source components, your modifications, or combination with anything not supplied by us. Our liability under this section is subject to Section 9.

11. Data Protection

Each Party will comply with applicable data protection law. Where we process personal data on your behalf, we do so under your instructions and in line with our Privacy Policy. Our personnel are located in the United States and Pakistan, and personal data may be accessed from those locations. A Data Processing Addendum incorporating Standard Contractual Clauses is available on request.

You are responsible for maintaining independent backups of your data unless backup services are expressly purchased.

12. Third-Party Services

Our services frequently involve third-party platforms, applications, and integrations. These are governed by their own terms, and we are not responsible for their performance, availability, pricing, security, or changes. Subscription and licence costs for third-party services are your responsibility unless expressly agreed otherwise.

13. Term and Termination

Either Party may terminate an engagement with 30 days' written notice, unless the signed agreement provides otherwise.

We may suspend or terminate immediately if payments are more than 30 days overdue, you materially breach these Terms and fail to remedy within 15 days of written notice, or services are used unlawfully.

On termination you remain liable for all work completed. Refunds are governed by our Refund Policy.

14. Force Majeure

Neither Party is liable for delay or failure to perform caused by events beyond reasonable control, including natural disasters, war, civil unrest, epidemics, government action, utility or internet outages, cyberattacks, or failures of third-party platforms.

15. Dispute Resolution and Arbitration

Informal resolution first. Before formal proceedings, the Parties will attempt in good faith to resolve any dispute through discussion within thirty (30) days of written notice.

Binding arbitration. Disputes not resolved informally shall be finally settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator, in Los Angeles County, California. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. Each Party waives any right to bring or participate in a class, collective, or representative action.

Exception. Either Party may seek injunctive relief in court to protect intellectual property or confidential information.

16. Limitation Period

Any claim arising out of or relating to these Terms or any engagement must be brought within one (1) year after the cause of action accrues, to the maximum extent permitted by law.

17. Attorneys' Fees

In any action or proceeding to enforce or interpret these Terms, the prevailing Party is entitled to recover reasonable attorneys' fees, expert fees, and costs, including in arbitration and on appeal.

18. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Subject to Section 15, the state and federal courts located in Los Angeles County, California have exclusive jurisdiction.

19. General

Independent contractors. Nothing creates a partnership, joint venture, employment, or agency relationship.

Assignment. Neither Party may assign without the other's written consent, except to a successor in a merger or sale of substantially all assets.

Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to be enforceable, or severed. The remainder continues in full force. If a liability limitation is held unenforceable, liability is limited to the maximum extent permitted by law.

No waiver. Failure or delay in exercising a right does not waive it.

Survival. Sections 4, 6, 7, 8, 9, 10, 15, 16, 17, 18, and 19 survive termination, together with any provision intended by its nature to survive.

Notices. Notices shall be in writing, by email to hello@bigfolio.co with confirmation of receipt, or by overnight courier to our United States address.

Entire agreement. These Terms, together with any signed agreement, the Privacy Policy, and the Refund Policy, constitute the entire agreement.

Changes. We may update these Terms. Material changes will be posted here with an updated date, and active clients will be notified by email where practicable. Continued use after changes take effect constitutes acceptance.

Contact

Bigfolio LLC

United States: 453 S Spring St, Suite 1212, Los Angeles, CA 90013, USA

hello@bigfolio.co