1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Big Effect (including any current or future affiliates and subsidiaries, collectively "Big Effect," "we," "us," or "our") governing your access to and use of the Big Effect website at bigeffect.co (the "Site") and all related products, features, and services (collectively, the "Services").
By creating an account, clicking "I Agree," or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you may not access or use the Services.
If you are accessing the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to that entity.
We reserve the right to update these Terms at any time. Material changes will be communicated with reasonable notice, and your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
2. Description of Services
Big Effect is a data-driven analytics platform designed for music industry professionals — including artists, managers, labels, and distributors. The Services provide:
- Music market analytics, including streaming performance, chart tracking, and audience insights
- Catalog and release management tools for organizing and monitoring music assets
- Competitive intelligence and market positioning reports across genres and indexes
- Campaign management tools, including Meta Ads integrations for music promotion
- Weekly market reports and automated performance reviews via the Beacon feature
- Team collaboration features for shared workspaces across organizations
- API access and third-party platform integrations (subject to applicable plan)
The Services are provided on a subscription basis. We reserve the right to modify, suspend, or discontinue any feature of the Services at any time with reasonable notice. We will make commercially reasonable efforts to provide advance notice of any significant changes that may affect your use.
3. Account Registration
To access the Services, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the accuracy of your account information and for updating it promptly if anything changes.
You agree to:
- Provide truthful and accurate information during registration and at all times thereafter
- Keep your login credentials confidential and not share them with any third party
- Notify us immediately at support@bigeffect.co if you suspect unauthorized access to your account
- Accept responsibility for all activities that occur under your account, whether or not you authorized them
- Not create accounts using automated means or for the purpose of circumventing usage limits or access controls
You must be at least 18 years old to create an account. We reserve the right to suspend or terminate accounts that provide false or misleading information.
4. Subscription & Billing
Access to certain features of the Services requires a paid subscription. By selecting a subscription plan, you agree to pay the applicable fees as described on the pricing page.
Billing Cycle and Payment
Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are stated in US Dollars and are exclusive of applicable taxes unless otherwise noted. You authorize us to charge your payment method on file for all applicable fees.
Free Trials
We may offer free trial periods at our discretion. After the trial ends, you will be automatically charged the applicable subscription fee unless you cancel before the trial period expires. We are not obligated to offer free trials and may modify or discontinue trial offers at any time.
Cancellation and Refunds
You may cancel your subscription at any time through your account settings. Upon cancellation, your access to paid features will continue through the end of the current billing period. We do not provide prorated refunds for unused portions of a subscription period, except where required by applicable law.
Price Changes
We reserve the right to change our subscription fees. We will provide at least 30 days' notice of any fee increase, which will take effect at the start of your next billing cycle. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing.
Failed Payments
If a payment fails, we may suspend your access to paid features until payment is successfully processed. After a reasonable grace period, we may downgrade your account to a free tier or terminate your subscription.
5. License & Use Rights
Subject to your compliance with these Terms and timely payment of applicable subscription fees, Big Effect grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes during the term of your subscription.
This license does not include the right to:
- Reproduce, distribute, modify, or create derivative works based on the Services or any content, data, or reports generated by the Services
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Services
- Sublicense, resell, rent, lease, transfer, or assign access to the Services to any third party
- Use the Services to build a competing product or service, or to benchmark against Big Effect for competitive purposes
- Scrape, crawl, or use automated means to extract data from the Services beyond what is explicitly permitted by the API terms
All rights not expressly granted in these Terms are reserved by Big Effect.
6. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not use the Services to:
- Violate any applicable local, national, or international law or regulation
- Engage in any activity that could damage, disable, overburden, or impair the Services or interfere with other users' access
- Upload, transmit, or distribute any content that is defamatory, obscene, harmful, threatening, or otherwise objectionable
- Introduce malware, viruses, Trojan horses, worms, or any other malicious code
- Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to the Services
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Use the Services to conduct fraud, engage in spam, or violate the intellectual property rights of any third party
- Collect or harvest any personal information from other users of the Services without their express consent
- Use the Services in connection with any unauthorized data resale, data brokerage, or market manipulation activities
We reserve the right to investigate and take appropriate action against any violation of this section, including suspending or terminating your account, reporting activity to law enforcement, and pursuing legal remedies.
7. Intellectual Property
Big Effect's Intellectual Property
The Services, including all software, algorithms, data models, reports, visualizations, trademarks, logos, and proprietary data compilations, are the exclusive property of Big Effect and its licensors, and are protected by copyright, trademark, patent, trade secret, and other applicable intellectual property laws.
Nothing in these Terms grants you any ownership interest in the Services or any intellectual property owned or licensed by Big Effect. The Big Effect name, logo, and all related product and service names are trademarks of Big Effect and may not be used without our prior written permission.
Market Data and Reports
Analytics, insights, indexes, scores, and reports generated by the Services (the "Output") are provided for your internal use only. You may not redistribute, publish, or commercialize any Output without our prior written consent. Aggregated or anonymized data derived from platform usage may be used by Big Effect for product development, benchmarking, and industry research.
8. User Content & Data
You retain ownership of all music catalog data, artist profiles, creative assets, and other content you upload or connect to the Services ("User Content"). By submitting User Content, you grant Big Effect a worldwide, non-exclusive, royalty-free license to use, host, process, and display that content solely for the purposes of providing and improving the Services.
You represent and warrant that: (a) you own or have the necessary rights to submit User Content; (b) your User Content does not infringe any third-party intellectual property rights; and (c) you have obtained all necessary consents from third parties whose information may be included in your User Content.
We do not claim ownership of your User Content and will not use it to build competing products or services. Upon account termination or your request, we will delete your User Content in accordance with our data retention policies and applicable law.
9. Third-Party Services & Integrations
The Services may integrate with or link to third-party platforms, applications, and data providers (collectively, "Third-Party Services"). Your use of any Third-Party Service is subject to that service's own terms of service and privacy policy.
Big Effect does not control Third-Party Services and is not responsible for their content, availability, accuracy, or practices. We do not endorse any Third-Party Service, and your interactions with them are solely between you and the third party.
If a Third-Party Service becomes unavailable or changes its API in a way that affects our integration, we will make reasonable efforts to restore functionality but cannot guarantee uninterrupted access to data from third-party sources.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIG EFFECT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
BIG EFFECT DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DATA, ANALYTICS, OR INSIGHTS PROVIDED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR FIT FOR ANY PARTICULAR BUSINESS DECISION; (C) DEFECTS WILL BE CORRECTED; OR (D) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Music industry data, performance metrics, chart positions, and market insights provided through the Services are derived from third-party sources. Big Effect makes no representations or warranties regarding the accuracy, timeliness, or completeness of such data, and you should independently verify any information before making significant business decisions based on it.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIG EFFECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES — ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF BIG EFFECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BIG EFFECT'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO BIG EFFECT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full. In such jurisdictions, Big Effect's liability will be limited to the maximum extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Big Effect and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your User Content
- Your use of the Services in a manner not expressly authorized by these Terms
- Your violation of any third-party rights, including intellectual property rights or privacy rights
- Any claim that your User Content caused damage to a third party
13. Termination
Termination by You
You may terminate your account at any time through your account settings or by contacting us at support@bigeffect.co. Termination does not entitle you to a refund of any prepaid fees unless required by applicable law.
Termination by Big Effect
We reserve the right to suspend or terminate your account and access to the Services, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or if your use of the Services poses a risk to us or other users.
Effect of Termination
Upon termination: (a) your license to use the Services immediately ceases; (b) we may delete your account and User Content in accordance with our data retention policies; (c) any provisions of these Terms that by their nature should survive termination will remain in effect, including Sections 7, 10, 11, 12, 14, and 15.
14. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
Informal Resolution
Before initiating any formal dispute, you agree to contact us at support@bigeffect.co to attempt to resolve the dispute informally. We will make reasonable efforts to resolve any dispute within 30 days of receipt.
Binding Arbitration
If we cannot resolve a dispute informally, you agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in a court of law. You waive your right to participate in a class action lawsuit or class-wide arbitration.
Nothing in this section prevents either party from seeking injunctive or other equitable relief in court for matters involving intellectual property rights, unauthorized access, or imminent harm.
Jurisdiction
For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware, United States.
15. General Provisions
Entire Agreement: These Terms, together with the Privacy Policy and any additional terms applicable to specific features or services, constitute the entire agreement between you and Big Effect with respect to the Services and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of Big Effect.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Big Effect may assign these Terms in connection with a merger, acquisition, or sale of assets without restriction.
Force Majeure: Big Effect will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, war, cyberattacks, or third-party service disruptions.
Notices: Any notices to Big Effect must be sent to support@bigeffect.co. We may send notices to the email address associated with your account.
16. Contact Us
If you have any questions about these Terms of Service, please contact us:
Big Effect
Email: support@bigeffect.co
Website: bigeffect.co/contact
For legal notices or formal correspondence, please include "Legal Notice" in the subject line of your email.