End-User License Agreement

1. Agreement

This End-User License Agreement (“Agreement”) is a legal agreement between you (“you” or “Customer”) and Big Bang Retail Solutions, a sole proprietorship (“BIGBANG,” “we,” “us,” or “our”), located at 2936 Valleyvista Drive, Coquitlam, British Columbia, V3E 2P4, Canada.

It governs your access to and use of our software products, add-on applications, and related services (the “Software”), including BIGBANG MailHUB. By installing, accessing, registering for, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not use the Software. If you are entering into this Agreement on behalf of a company or other organization, you represent that you have authority to bind that organization.

2. Licence grant

Subject to your compliance with this Agreement and payment of all applicable fees, BIGBANG grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Software for your own internal business operations during your active subscription term.

3. Restrictions

You agree that you will not, and will not permit any third party to:

• copy, modify, or create derivative works of the Software;
• reverse engineer, decompile, or disassemble the Software, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
• rent, lease, lend, sell, sublicense, distribute, or otherwise commercially exploit or make the Software available to any third party;
• remove or alter any proprietary notices or labels on the Software;
• use the Software to build a competing product or service;
• use the Software in violation of any applicable law, or to transmit unlawful, infringing, or unsolicited material;
• circumvent or disable any security or licensing features of the Software.

4. Subscriptions, fees, and payment

Access to the Software is provided on a subscription basis. Fees, billing cycles, and any free or trial tiers are described at the point of purchase or in a separate order. Unless stated otherwise, fees are non-refundable, are exclusive of applicable taxes (including GST/PST as required in British Columbia), and are charged in Canadian dollars. We may change fees on prospective notice; changes take effect at your next renewal.

5. Intellectual property

The Software is licensed, not sold. BIGBANG and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. This Agreement does not grant you any rights to our trademarks, logos, or branding. Any feedback you provide may be used by us without obligation to you.

6. Third-party services and integrations

The Software may integrate with or depend on third-party products and services that you separately license or subscribe to — for example Retail Management Hero (RMH), Mailchimp, Klaviyo, and similar platforms. Your use of those services is governed by their own terms, and BIGBANG is not responsible for them. We do not guarantee continued compatibility where a third party changes or discontinues its service.

7. Customer data and privacy

You retain ownership of the data you and your customers submit through the Software (“Customer Data”). You grant BIGBANG a limited right to process Customer Data solely to provide and support the Software. Our handling of personal information is described in our Privacy Policy, which is incorporated into this Agreement by reference. You are responsible for obtaining any consents required for the data you process through the Software, including consents required under CASL for email marketing.

8. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Software is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. BIGBANG does not warrant that the Software will be uninterrupted, error-free, or secure. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

9. Limitation of liability

To the maximum extent permitted by applicable law, BIGBANG will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to this Agreement or the Software. BIGBANG’s total aggregate liability arising out of or related to this Agreement will not exceed the amount you paid to BIGBANG for the Software in the twelve (12) months preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify and hold harmless BIGBANG from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Software in breach of this Agreement, your Customer Data, or your violation of any law or third-party right.

11. Term and termination

This Agreement applies for as long as you use the Software. We may suspend or terminate your licence if you breach this Agreement or fail to pay fees when due. You may stop using the Software and cancel your subscription at any time in accordance with your plan. On termination, your licence ends and you must stop using the Software. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) will survive.

12. Governing law

This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. The courts located in British Columbia, Canada will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, and you consent to that jurisdiction and venue.

13. Changes to this Agreement

We may update this Agreement from time to time. When we do, we will revise the “Last updated” date above and, where the changes are material, provide additional notice. Your continued use of the Software after the changes take effect constitutes acceptance of the updated Agreement.

14. Contact

Questions about this Agreement can be sent to:

Big Bang Retail Solutions
2936 Valleyvista Drive, Coquitlam, British Columbia, V3E 2P4, Canada
Email: info@bigbangpos.com
Phone: 1-888-849-4405