Terms and conditions of use for the BIGhub portal and services.

These Terms and Conditions of Use apply to the services offered by BIGhub , through the website https://www.bighub.store/ and the platform hosted there, as well as through other means of communication that may be made available.

1. Acceptance

1.1. These Terms and Conditions of Use for the BIGhub portal and services govern the contracting and use of the online platform accessible through the website https://www.bighub.store/ and other services provided by BIGhub within the Platform and through other means made available by it. By accessing the Site and registering to use the Platform and services, the eligible person, as regulated by these Terms, irrevocably and unalterably assumes and accepts all its terms and conditions automatically, and is therefore referred to as the User.

1.2. These Terms establish and regulate the contractual relationship between BIGhub , the owner of the website and Platform, and its Users, in addition to other special instructions and regulations brought to the User’s attention by BIGhub and/or published on the website https://www.bighub.store/, and/or Platform, which shall be interpreted in harmony with these Terms.

1.3. BIGhub may change these Terms at any time, aiming at their improvement and enhancement of the services provided, discontinuation and/or creation of new services. The new Terms will come into effect upon their publication on the website https://www.bighub.store/, which will be communicated to the User upon their first access to the platform after publication, and the User must read and accept them to proceed.

1.3.1. If the User does not agree with the new Terms, they must notify BIGhub through the Platform, via “Contact Us”, or a similar method. In this case, the contractual relationship will cease to exist, provided there are no pending deliveries and/or outstanding amounts. If no response is received upon notification, it will be understood that the User has accepted the new Terms and the contract will continue to bind the parties.

1.3.2. Users already registered on BIGhub , upon their first access to the Platform and not refusing under the terms of item 1.3.1, accept these Terms, accept the new rules and conditions of use, and consider all previous terms revoked, with only this one remaining valid, declaring that they have no right to claim anything.

1.4. Access to the Platform’s services is subject to the terms of use present in these Terms, as well as in other complementary Specific Terms, such as BIGhub ‘s Privacy Policy , available on the Platform and Website, which the User will have prior access to and, by continuing to access the Platform, website and services, will generate their tacit knowledge and agreement. The rules for knowledge, updating, alteration, cancellation, discontinuation and any other matter of the specific terms of use will follow the general rules present in these Terms, which the User also declares, from now on, to know and agree to.

1.4.1. In addition to the terms of use and privacy provided for in these Terms and in BIGhub ‘s Privacy Policy , the User is also subject to the provisions, where applicable, in BIGhub ‘s Restricted Products Policy . Any violation authorizes BIGhub to terminate the contractual relationship with the User, as well as to take the necessary legal measures, including, but not limited to, notifying the Competent Authorities and filing administrative or judicial actions in defense of its interests.

1.5. All access to the Platform implies the User’s unconditional acceptance of the Terms and Specific Terms governing its use, in addition to other instructions provided by BIGhub , and the User may not excuse themselves from its content by claiming ignorance of its terms or any modifications.

1.6. The request for an invitation on the Site is, in itself, a declaration of knowledge and agreement to these terms, with actual registration on the Platform being the irrevocable and unretractable confirmation of agreement to these Terms.

1.7. During the use of the Platform, BIGhub provides Customer Service Channels located in the “Contact Us” options, or similar.

2. Object

2.1. The service covered by these Terms, provided by BIGhub , consists of making available an electronic platform (Platform) so that Users can (i) register their products for online sale on marketplaces (hereinafter referred to as “Sales Channels” or “Partners”); (ii) conduct a direct buying and selling relationship with consumers of their products through the Partners’ websites/sales channels, by centralizing management on the BIGhub Platform ; (iii) organize their business through software that provides integrated management of their products, stock, sales, exchanges, returns, cancellations, deliveries, payments, and customer service in one place.

2.2. BIGhub offers Users a complete and dynamic platform that connects the User’s products with marketplaces (Partners) for sale to potential consumers, in addition to assisting in the management of the User’s sales within innovative systems.

2.2.1 Variable Price Pool: The insertion of the User’s product on the BIGhub Platform for offering to Partners is carried out by a dynamic system, composed of an internal price competition mechanism, called a “variable price pool”. In this modality, the products that present the most competitive price and/or the most competitive combination (product price, delivery time, shipping cost [when applicable], best customer rating) will be sent for publication and sale to Partners.

2.2.2. Fixed Price Pool: Alternatively, the User’s product can be listed on the BIGhub Platform for offering to Partners through a mechanism called a “fixed price pool.” In this mode, the User must agree to the price suggested in the “pool” and confirm their participation to have their product included on the Platform connected to the Partner. Upon express agreement by the participating Users in a given “fixed price pool,” BIGhub will distribute orders according to the most competitive combination (product price, delivery time, shipping costs [when applicable], best customer rating) for the Consumer. The User’s disagreement will result in the inability to participate in the “fixed price pool” and receive orders. BIGhub reserves the right to suggest price changes at any time. In any case, the User must agree to the change to remain active in the “fixed price pool.” Participation in the “fixed price pool” does not guarantee sales or any binding agreement with BIGhub .

2.3. It is emphasized that BIGhub does not supply or acquire any product, but only provides the Platform and services to facilitate and optimize the connection between Users, Partners and Consumers, with the aim of maximizing the sale of their products. BIGhub owns the advertising space on the Partners’ platforms. The product(s) is/are the property and exclusive responsibility of the User (except in cases where the User’s store originates from BIGsales ).

2.4. BIGhub does not own the User’s stock, therefore it is not responsible for declared quantities, product quality and preservation, offered prices, nor does it carry out any commercial and/or economic management, which is the User’s sole commercial responsibility. BIGhub offers the Platform under conditions of use for the User’s free choice. By declaring stock on the BIGhub platform , the User is responsible for ensuring its integrity and availability for shipment to the Consumer in the event of a sale, and will be liable for any indemnities and/or fines that BIGhub or its Partner may incur for non-delivery of a product due to lack of stock or any other similar reason (except in cases where the User’s store originates from BIGsales ).

2.5. BIGhub reserves the right to unilaterally:

2.5.1. to modify, terminate and/or discontinue, at any time, without just cause and without prior notice, the Platform, services, access, content, tools or any element offered or made available by it;

2.5.2. to modify conditions, delete and/or discontinue, at any time, without just cause and without prior notice, the Services, the Terms, the Specific Terms, as well as other instructions;

2.5.3. to modify conditions, delete and/or discontinue, at any time, without just cause and without prior notice, the availability and/or integration with any Partner;

2.5.4. to modify, delete and/or discontinue, at any time, without prior notice, products registered on the Platform and with Partners that are inconsistent with current legislation, control bodies and/or institutions and/or at the request of the Partners and/or Consumers themselves;

2.5.5. Block and/or suspend the financial transfer of product sales by Users, at any time and without prior notice, in case of suspicion of any type of inconsistency and/or irregularity related to the User, for the period it deems necessary, and may also share any User information with the competent Authorities, in accordance with item 4.1. vi, of BIGhub ‘s Privacy Policy .

2.5.6. Block, delete and/or suspend any User’s access to the platform at any time and without prior notice, and terminate the contract between the parties without any specific reason, with the User being required to return all products sold and indemnify BIGhub for any losses it may suffer as a result of its sales;

2.5.7. pause sales for Users who fail to access the Platform and conduct transactions on it for more than 30 (thirty) days, resulting in the account being blocked until reactivation at the User’s request, during which period the subscription and financial obligations will remain enforceable;

2.6. The User is solely and exclusively responsible for the products (information, quality, attributes, warranties, etc.), invoicing (issuance of electronic invoices) and delivery to the Consumer, and any cost, expense, fine, compensation or loss incurred by BIGhub and/or Partner due to non-compliance with current legislation or these Terms of Use, for example, due to non-delivery of a product and/or delivery of a defective or used product, must be fully compensated by the User to BIGhub and/or Partner, including, but not limited to, legal expenses and fees, regardless of fault or intent on the part of the User or their interpretation that they did not cause the loss to BIGhub and/or Partner. In this case, BIGhub will be entitled to deduct the amount corresponding to its loss from the transfer provided for in clause 10.

3. General terms of use

3.1. By accessing the Platform and the Website, the User accepts these Terms; by registering on the Platform, the User, already aware of these Terms, also declares knowledge of the Specific Terms that define the details of their relationship with BIGhub and with each Partner.

4. From the register

4.1 BIGhub is not an open platform. For registration, use, and subscription to BIGhub services , Users are invited and selected by a specific team. Invitations may be requested by filling out information on the “I want to participate” button (or similar name) on the website https://www.bighub.store/, but selection and acceptance are not guaranteed, nor is a response to the request, with the analysis and decision resting exclusively with BIGhub .

4.2 Only legal entities, represented according to their articles of association or other relevant instrument, duly constituted under Portuguese law, and up-to-date with their legal and tax obligations to the Public Authorities, are eligible to register and use BIGhub , and must also meet the following conditions , without prejudice to any other requirements that BIGhub may impose at any time:

1. i) Complete the registration form provided with all the information requested by BIGhub , which will allow you to provide a valid email address (hereinafter “Contact Email”) and a unique password (hereinafter “Password”), which together are referred to as “Access Credentials”, related to this contact email, to begin the analysis and selection process;
2. ii) be an issuer of electronic invoices with generation and archiving of documents with the .XML extension or any other tax document required by BIGhub ;

iii) submit all company documentation requested by BIGhub , which must include at least: articles of incorporation, tax clearance certificates or certificates of good standing with the effect of tax clearance from the Municipality and District where the User is headquartered, the Union, Social Security, personal documents of the User’s Legal Representative and proof of address for the User and their legal representative; as well as any and all additional documents and/or information requested by BIGhub at any time;

1. iv) possess and maintain a minimum stock of the product you intend to sell on BIGhub . Products with stock of less than 5 (five) units may be discontinued at any time by BIGhub ;
2. v) provide, when requested, professional-quality photos of the products taken against a white background, with a minimum of 1 (one) photo per product, limited to the maximum number for each Partner sales channel;
3. vi) submit all documents and additional information requested by BIGhub for the continuation of the analysis. It should be noted that, even if already registered and subscribed to the Platform, BIGhub reserves the right to request new and/or updated documents from the User at any time, which must be provided under penalty of suspension or cancellation of registration/subscription;

4.2.1 Furthermore, the user declares, for themselves and for their partners, shareholders, directors, employees, agents, representatives or any other persons acting on their behalf or in their interest (“Representatives”), that:

(i) does not engage in any act that has violated, or may violate, any provision of national or foreign law or regulation against corruption, that it has not made, does not make, or will make any bribery payments, illicit rebates, illicit remuneration, influence peddling, or other illegal payments, and that it acts in accordance with all laws, regulations, manuals, policies, and any provisions related to combating and preventing corruption and money laundering, including, but not limited to: (a) applicable Spanish legislation;

(ii) will inform BIGhub if any of its Representatives have held or currently hold a position as a Public Authority, as well as any family relationships or close personal relationships of its Representatives with Public Authorities;

(a) “Public Authority” is considered to include, but is not limited to: any person, agent, employee or third party who performs activities in departments, institutions, associations, entities or bodies of the direct or indirect public administration, as well as any employee, family member, relative or person with a close relationship.

(iii) is aware that failure to comply with the provisions of this Clause may result in the unilateral termination of these Terms of Use by BIGhub , which may, at its sole discretion, automatically withhold any outstanding payments and/or suspend the fulfillment of obligations arising from these Terms of Use, as well as give rise to the obligation to indemnify BIGhub for any losses and damages;

(iv) agrees that BIGhub may, at any time, audit the User and its Representatives, in accordance with the Privacy Policy , regarding any information and/or document for the purpose of verifying compliance with the provisions of these Terms of Use, and the audit mentioned herein may be carried out by BIGhub or by a third party indicated and paid for by it, and the User must, at all times, guarantee full and unrestricted access to all relevant documents and locations; and

(v) undertakes to immediately notify BIGhub in the event of any violation, suspected violation or any irregular situation that arises against applicable legislation concerning the fight against and prevention of money laundering, terrorist financing and corruption, as well as international agreements and conventions that regulate the matter.

4.3 The registration will be reviewed by BIGhub and may be accepted or rejected, regardless of specific reasons, according to its guidelines and integration plan with Partners.

4.4. The User undertakes to keep the Contact Email and Password provided under their custody and confidentiality, as well as to ensure the veracity of the information provided and documents submitted during registration, under penalty of applicable legal sanctions.

4.5. The User undertakes to immediately notify BIGhub of the loss or theft of their Access Credentials, or even the risk of them being used by third parties, and BIGhub is not responsible for the misuse of the data.

4.6. BIGhub reserves the right to prevent registration or delete any Contact Email that uses the name BIGhub or any other name that mentions the brand or name of notorious knowledge or infringes on intellectual property, as well as any that uses offensive or vulgar expressions, or that contains personal data or email addresses.

4.7. User registration will only be completed after all required information and documents have been fully filled out, and is subject to approval by BIGhub , including the products registered by the User, in accordance with these Terms.

4.7.1. Failure to submit the required documents and obtain validation from BIGhub will result in the automatic cancellation of the registration, and any amounts paid by the User will not be refunded.

4.8. The Access Credential is personal and non-transferable, and the User is entirely responsible for any consequences resulting from sharing such information with third parties. BIGhub reserves the right to suspend the account of any User who improperly shares their information. Any transfer, whether for consideration or not, of the registration is prohibited, and the registration will always remain linked to the User. Any suspicion of transfer or misuse may result in immediate blocking and eventual cancellation, without prejudice to civil and criminal liability.

4.9. Invited and registered Users will be monitored through a series of daily, weekly, and monthly indicators and metrics, which comprise their Service Level on BIGhub. Performance below the minimum required by BIGhub or any operational inconsistency may trigger immediate blocking, cancellation, and/or any applicable legal action in extreme cases.

5. From product registration, stock and price

5.1. At the time of User registration, after submitting all required information and documentation and selecting the service plan contracted with BIGhub , the User may begin the registration process and include their products for BIGhub ‘s review .

5.2. Product registration requires detailed information, which will be reproduced on the Partners’ websites to guide Buyers interested in purchasing. BIGhub and the Partner are not responsible for discrepancies between the information provided by the User and what is presented on the product page on the Partner’s website, as well as with the product itself delivered.

5.2.1. The User is solely responsible for any consequences resulting from the insertion of incorrect information in the product registration (barcode, unique code, title, description, characteristics, attributes, categories, brand, images, package and/or product dimensions, price, stock, delivery time or any other information).

5.3. The product registration on BIGhub will include the information below, and BIGhub may add or remove fields at its sole discretion:

1. a) Barcode (EAN): a unique code provided by the item’s manufacturer. Providing this code correctly is essential. Alternatively, the retailer can register with GS1 Spain (https://gs1pt.org/) to obtain a prefix for generating a barcode with its own prefix.

1. b) Unique Code: used for the User to locate internally within their records;

1. c) Title: creative name of the product;

1. d) Description: physical characteristics and details of the product, telling its story, the technique used, care instructions, materials used, etc.;

1. e) Product photo: a minimum of 1 (one) and a maximum of 10 (ten) photos per product with a minimum resolution of 500 (five hundred) pixels (width) x 500 (five hundred) pixels (height). The maximum size of each image may not exceed 10Mb (ten megabytes).

1. f) Categories: as per the predefined options for each Partner on the BIGhub Platform ;

1. g) Characteristics: specific attributes of the product;

1. h) Variations or grid: depending on the product “category”, the Platform offers options for filling in variations or grids, which aim to provide an even greater level of detail for each item. Each variation may have a specific stock or operating time (cross-docking, production, etc.) that can be included during registration;

1. i) Item dimensions: height, width, length, and weight of the product;

1. j) Shipping Package Dimensions: height, width, length, and weight of your product already packaged in the shipping package. The User may register multiple shipping packages for specific products;

1. k) Price from: list price or starting price at which the product may be sold;

1. l) Price per: the price at which the product will actually be sold at the Partners’ locations. The “price per” may be the same as the “price from”, in which case no discount will be offered to the Buyer;

1. m) Stock: stock available for the product;

1. n) Operation Time: time in days to produce, process, handle and/or cross-dock. This time will be added to the shipping and delivery time of your product.

5.4. The User’s product registration may contain, where applicable, texts, photos, graphics, descriptions, videos or other information that the User deems relevant, provided that it is in full compliance with the law, the Terms, the Specific Terms, the Partner’s commercial conditions and other applicable regulations.

5.5. The product description must be clear and is the sole responsibility of the User, except in cases where BIGhub may intervene as a reviewer, in accordance with these Terms.

5.5.1 The aforementioned BIGhub product registration review service is limited to spelling corrections and grammatical inconsistencies in the “Title” and “Description” fields of the User’s product registration. Any product publication reviewed by BIGhub that presents incorrect information in the review process will not exempt the User from responsibility for the consequences of such an act. The User guarantees that they will review all information contained in their registration to ensure complete consistency and compliance with the rules of BIGhub and each Partner.

5.6. Product registration by the User presupposes the availability of a minimum stock level, under penalty of suspension of the User’s registration. The product must always be available for delivery within the stated timeframe, and the User is fully responsible for the accuracy and compliance with this information.

5.6.1. In the fixed-price pool model, the User’s stock will be considered together with other Users who sell the same product for the purposes of registration with the Partners and making it available for sale, with the distribution of orders rotating according to the specific rules of each “fixed-price pool”.

5.6.2. By default, in the “variable price pool” mode, the stock presented to the Partner will refer to the product with the best price or best combination for the customer (product price, delivery time, shipping costs [when applicable], best rating, etc.).

5.7. The price registered by the User must include all expenses incurred, including any tax expenses required by law, which will be the sole responsibility of the User. BIGhub will not make any changes to the price informed by the User, except in the case of a fixed price pool, when BIGhub will indicate as a condition of publication the agreement with the price suggested by the User.

5.8. If the user has a direct contract with each Partner, they must make every effort to match the price of the product advertised on BIGhub , in order to guarantee sales success across all channels in which they participate. BIGhub seeks to present the most competitive price and package to the Buyer. Any and all costs of this price matching are the sole responsibility of the User, who, upon acceptance, must honor the price and delivery within the stipulated deadlines.

5.9. BIGhub may, at its sole discretion and without infringing any User rights, at any time and without prior notice, veto, exclude and/or modify User products that do not comply with the policies presented herein or with BIGhub ‘s operating guidelines, such as, but not limited to other possibilities, which are at BIGhub ‘s sole discretion :

1. a) Services;
2. b) Products that infringe copyright (for example, those that use trademarks, characters, slogans, song lyrics, poetry excerpts, famous quotes, protected by copyright);
3. c) Products that infringe image rights (for example, that use photographs or images of third parties);
4. d) Used products;
5. e) Products considered harmful to health (e.g., toxic products, etc.);
6. f) Medicines, cosmetics, food and other products that require specific approval from regulatory and control bodies;
7. g) Erotic products or products unsuitable for minors;
8. h) Products with evidence of child and/or slave labor;
9. i) Products that encourage violence, such as firearms, ammunition and explosive material, as well as their replicas or similar items;
10. j) Products that incite discrimination;
11. k) Live products;
12. l) Fireworks;
13. m) Products handled in any and all forms;
14. n) The sale of products that are illegally imported or whose origin is unknown or dubious is strictly prohibited.

5.9.1 All products registered on BIGhub must contain all documentation proving the right and legality of commercialization in accordance with the specific rules for that product segment or brand and current legislation, under penalty of exclusion of the product if the documentation is not presented when requested. Any infringement of rights or current regulations is the sole responsibility of the User responsible for the product.

5.10. It is prohibited to include or maintain personal contact information for the User in the product advertisement, such as, but not limited to, telephone numbers, email addresses, websites, and physical store addresses. Any contact whose purpose is to disintermediate and sell directly from the User to the Buyer, without the use of the Platform and Partner, will result in the User’s exclusion and the cancellation of the subscription, without prejudice to liability for losses and damages.

5.11. BIGhub maintains detailed records regarding the date and time of any and all changes made by the User to their product registration and, if necessary, may use the change history to mediate potential disputes between the Buyer and the User or between BIGhub and the User.

5.12. Any exceptions in the product registration process will be handled directly via the BIGhub platform , and any necessary corrections must be made by the User within the timeframe requested by BIGhub .

5.13. All products listed on BIGhub by Users will be sent to all Partners, and at BIGhub ‘s discretion, these products may be blocked and/or published. The Partner marketplace reserves the right not to publish any product at its sole discretion, and BIGhub assumes no responsibility for such decisions.

5.14. There is no minimum timeframe for publishing products on Partner platforms. BIGhub will make every effort to review such products internally and send each product listing to the respective Partners as quickly as possible.

5.15. Any calls to Customer Service (SAC) opened for requests arising from inconsistent information in the product registration will be the User’s responsibility, and BIGhub will not be liable for any losses; the User will be responsible for repairing any damages caused.

5.16 BIGhub may deduct from the financial transfer any cost and/or price discrepancy caused by registration and/or publication errors, without prior notice.

5.17 BIGhub or its Partner may change the product information, provided that such changes are made to reduce inconsistencies with respect to the product in question. If the User registers a product with the same barcode already existing in the BIGhub product database , some information (title, description, photo, etc.) cannot be changed.

5.17.1 Some product information, if offered by more than one User, such as, but not limited to, title, description, photo and/or image, will be replicated from the original product record for other identical items that are advertised, in accordance with item 9.2., XVI of these Terms of Use.

5.18. The product listing space published on Partner platforms belongs to BIGhub . After a product is published on Partner platforms, BIGhub may distribute orders originating from that listing to Users according to its specific product pool rules.

5.19 The registration process assumes a minimum stock availability, and the User is solely responsible for all sales and/or cancellations resulting from lack of stock, as well as intermediation costs, fines, and indemnities that may be charged due to such cancellations. Any order cancellation by the User may result in legal consequences for the clients, and if these are borne by BIGhub and/or its Partner, BIGhub may deduct the amounts from the User’s invoices and financial transfers without prior notice, without prejudice to other forms of collection.

5.19.1. It is the User’s responsibility to review the product information published on Partner sites, even after grammatical and spelling reviews conducted by BIGhub , regardless of whether the product was registered by the User or someone else previously. By finalizing the registration of a product already published on the BIGhub platform and on Partner sites, the User acknowledges and agrees to the published information, assuming full responsibility for any discrepancies arising from requests resulting from such registration. In the event of discrepancies in product registration, the User is responsible for notifying BIGhub . In cases of legal proceedings arising from inconsistent information in product registrations made by a User and whose request has been directed to another User due to a specific product pool rule, the User who made the sale will be responsible for such proceedings.

5.20. The price registered by the User must include all their expenses, as well as reverse logistics. By agreeing to participate in a product pool, the User accepts to freely and voluntarily apply the established price. The User must monitor the financial health and margin of each product, ensuring the continuity of their business in the long term.

5.21. BIGhub may reject registered products if they do not comply with the partners’ terms, such as perishable goods, firearms, erotic products, counterfeit products, among others already specified in these Terms, or others at the discretion of BIGhub and Partners.

5.22. BIGhub may request specific documents and/or information to verify the origin and authenticity of each product. Such information may include, but is not limited to, the Product Purchase Invoice, Authenticity Seal, Certificate of No Debts, among others. In the event of providing false or incorrect information or documents, the User will be subject to the applicable legal penalties arising from such act.

6. Regarding the contracting of BIGhub portal services (subscription), billing, and cancellation.

6.1. By completing the registration in accordance with these Terms, the User formalizes the service provision relationship (hereinafter “Subscription”) with BIGhub , according to the Service Plans described on the Website and the option chosen by the User.

6.1.1 BIGhub reserves the right to alter, modify, replace, cancel, or discontinue any of the plans indicated on the Site, without prior notice to the User, who must, upon renewing their plan, choose another plan from among those in effect at the time of renewal.

6.1.2 For Users with an existing subscription, when there is a change in plans or price adjustments, the new conditions will be applied immediately in the following month.

6.2. The User’s subscription with BIGhub begins with the confirmation of the chosen plan and, if the paid subscription option is chosen, it begins with the confirmation of the first payment, remaining valid according to the chosen plan, with automatic renewal, without limit of renewals, until the User expressly requests cancellation. The subscription may be cancelled at any time by the User upon express request, or by BIGhub , upon notification by email or telephone. Non-payment will not imply automatic cancellation of the subscription.

6.2.1. In case of cancellation, no refunds will be given for any amounts paid and relating exclusively to the recurring subscription of your plan. In cases of cancellation, BIGhub reserves the right to deduct any intermediation costs, fines, legal fees, commissions and/or outstanding monthly fees from the total amount to be received in the financial transfer to the User. Even after the cancellation of the recurring subscription, BIGhub will make the financial transfer related to the sales made, which must be delivered normally by the User.

6.3. Upon signing up, the User must have internet access to access the Site (https://www.bighub.store/) and select an available recurring billing method for their subscription, when prompted. Recurring billing cycles are available on the Site (https://www.bighub.store/) on the Plans and Pricing page (or similar).

6.4. The available paid BIGhub Service Plans consist of two different charges: Fixed Charge and Variable Commission (also known as “Brokerage Fee”).

6.5. BIGhub charges for the contracted services as follows:

6.5.1. Fixed Billing is carried out according to the available recurring cycle chosen by the User in advance of the provision of services. Upon subscribing to a paid plan, the User will automatically pay the first charge, and so on, on the same day or the next business day of subsequent billing cycles, and agrees that the amount charged in each cycle may vary due to reasons such as promotional offers, redemption of subscription vouchers and promotional codes, and/or the alteration or addition of exclusive plans and/or services.

6.5.2. The remaining installments of the Fixed Charge will be charged as follows:

1. a) For Users who subscribe to BIGhub Services from 08/09/2021 onwards, payments may be made, at the User’s choice, via the Credit Card indicated by the User at the time of subscription, with the User choosing the available payment plan. If a Fixed Charge payment is not successfully processed due to expiration, insufficient funds, or any other reason, BIGhub may, at its sole discretion, use the User’s sales balance on BIGhub (even if it is and/or becomes negative), and this amount will be itemized in the User’s Financial Statement;
2. b) For Users who contracted BIGhub Services up to September 7, 2021, charges will be deducted directly from the User’s receivables from sales on BIGhub , as a way to facilitate payment, and this amount will be itemized in the User’s Financial Statement (even if it is and/or becomes negative). As alternatives, the User may choose between Credit Card or, in cases where the receivables from their sales are not sufficient to cover the Fixed Charge amount.

6.5.3. The Variable Commission is charged per order after the services have been provided. That is, BIGhub will provide a report of the User’s sales across the BIGhub Partners’ sales channels and will issue an invoice to the User for services rendered, with the commission amount according to the conditions agreed upon with each Partner at the time of subscription and contracting with BIGhub. Each partner may present different commercial conditions, such as payment terms and Variable Commission by category, product, advertising profile, among others. The Variable Commission percentage includes commissions due to the BIGhub website, the Partner, and the payment agent provided by BIGhub.

6.6. To avoid the automatic renewal of the BIGhub Subscription , the User must cancel before the renewal date of their plan, through the Platform, in “ Contact Us ”, or a similar method. Payments made by the User to BIGhub are non-refundable if the User does not use the contracted services, does not sell their products, or requests cancellation before the end of the contracted plan, as the payment refers to the right to use the platform. However, after cancellation, the User will continue to have access to the service until the end of the current billing period. After cancellation and even at the end of the current billing period, BIGhub will transfer the financial proceeds from product sales on Partner websites, as well as collect the Variable Commission related to such orders, under penalty of withholding any pending payments, in addition to civil and criminal liability.

6.6.1. The cancellation or termination of the contract may only be carried out after the effective delivery of all pending orders and the response to Questions (pre-sales) and all open post-sales SAC (Customer Service) calls made by the User, as well as the settlement of any outstanding obligations.

6.6.2 Any subscription charges, administrative or judicial claims, legal expenses, fines, or any outstanding debt or liability of any nature with Consumers, BIGhub , and/or Partners, may result in the withholding of any pending financial transfers to the User, without prejudice to other available collection methods.

6.7. BIGhub may offer different subscription plans, including promotional plans or subscriptions, with different conditions and limitations, as detailed on the BIGhub website .

6.8. The User may obtain information about their plan by accessing the BIGhub website , available at https://www.bighub.store/ , or through the Platform, via “ Contact Us ”, or a similar path.

6.9. BIGhub reserves the right to alter, terminate, or modify the subscription plans offered at any time, without prior notice and without just cause, and it is up to the User to renew the subscription under the plans available at the time.

6.10. BIGhub may, at any time and without prior notice, change the financial intermediary used on the Platform, as well as change the payment method if necessary.

7. Service levels

7.1. Once the User has contracted BIGhub ‘s services, they must observe BIGhub ‘s Service Levels as well as the Terms of Use and Service Levels specific to each Partner sales channel in order to maintain the right to sell on BIGhub .

7.2. The User must meet the following service levels established by BIGhub , which are listed below in a non-exhaustive manner:

7.2.1. The User must send the correct product to the Consumer within the timeframe agreed upon at the time of purchase, observing the minimum percentage of 96% (ninety-six percent) of all products delivered on time. BIGhub may add extra delivery time to products from Users who do not have a sales/delivery history and/or to all products from Users who do not meet the minimum standard of 96% on-time deliveries;

7.2.2. The User must observe the minimum percentage of 96% (ninety-six percent) of fulfillment of all orders posted within the deadline stipulated on the Platform. Similarly to item 7.2.1., BIGhub may add extra delivery time to the products of Users who do not have a sales/posting history and/or to all products of Users who are not in accordance with the minimum standard of 96% of on-time postings;

7.2.3. The purchase cancellation rate is up to 2% (two percent), except for withdrawal by the Consumer. In the case of cancellation requested by the User, an Intermediation Cost will be charged on the total value of the order, which may vary according to each Partner;

7.2.4. Present a complaint rate of less than 3% (three percent) on the total number of orders with approved payments, regardless of the measurement frequency. The evaluation rate is calculated as follows: Total Complaints received by the Partner’s Customer Service Center divided by the Total number of orders. The User may have their sales paused and/or their account automatically blocked in cases where the Complaint Rate exceeds 3% (three percent). A complaint is any negative evaluation recorded by the Partner. By negative, it is understood any score lower than 3 (three) on a scale of 0 (zero) to 5 (five) or lower than 6 (six) on a scale of 0 (zero) to 10 (ten), or any other analogous and proportional scale.

7.2.5. Present a rate of less than 40% (forty percent) of repeat calls (calls from customers who had already contacted the Customer Service Center to resolve issues related to the same order shipped) in the sales channel service;

7.2.6. Present a contact rate in the Partner’s customer service channels of less than 25% (twenty-five percent). The contact rate is calculated as follows: Total Contacts in the Partner’s Customer Service / Total Orders with approved payment. The User may have their sales paused and their account automatically blocked in cases where the Contact Rate is greater than 25% (twenty-five percent), until the open calls are effectively resolved;

7.2.7. Provide customer service (pre- or post-sales), either personally or through a representative, from Monday to Friday, from 9:00 AM to 6:00 PM, except on national holidays, via telephone, email, and/or platform. Service level of 80% (eighty percent) of calls answered within 40 (forty) seconds of waiting time. In the case of service provided via email or platform, the maximum response time must be 24 (twenty-four) business hours. Maximum call abandonment rate of 5% (five percent).

7.2.8. Present an average rating given by the Consumer, when evaluating the purchase experience, equal to or greater than 4 (four), on a scale of 0 (zero) to 5 (five) or equal to or greater than 8 (eight) on a scale of 0 (zero) to 10 (ten) or any other analogous and proportional scale.

7.3. If the User fails to maintain the service levels required by BIGhub in the previous items and/or the Partner, BIGhub may disable, suspend, or block the User on BIGhub , or the Partner’s sales channel(s), and/or even cancel the User’s subscription, in case of repeated blocking, at its sole discretion, notifying the User of this situation only through the Platform or registered email and informing them of the possibility or not of reversing the situation by resuming the Service Levels. BIGhub will not be liable for any reimbursement of resources in case of disabling the User for not meeting the service levels of BIGhub and/or the Partner, the User being aware of the responsibility for maintaining each and/or all service levels.

7.3.1 If BIGhub fails to disable, suspend, or block the Platform User as described above, this will not constitute a novation or waiver, nor will it affect their rights, which may be exercised at any time.

7.4. Users who refuse to comply with requests from BIGhub or Partners to improve service level indicators or other requests for action will be subject to a Brokerage Fee.

7.5.1. For any fine, compensation, claim, settlement, or judicial or extrajudicial judgment in proceedings and/or procedures brought against BIGhub and/or Partners, regardless of notification to the User and/or the User’s participation in the proceedings, the User shall be solely and exclusively liable, regardless of fault, intent, or their interpretation that they did not cause the damage alleged by the claimant, and shall indemnify BIGhub and the Partner for any compensation and expenses paid, including court fees. BIGhub may also retain amounts from the transfer provided for in clause 10 to honor such obligations and/or other available forms of collection, without prior notice. If the User is a party to the judicial or administrative proceedings, they must take all necessary legal measures to resolve the dispute, requesting the exclusion of BIGhub and any Partners present in the passive pole, as well as assuming any and all expenses incurred by them, including court costs and fees, exempting them from any and all liability. Any summons or notification received, regardless of the parties involved in the process, must be immediately reported to BIGhub or through the Platform, via ” Contact Us ,” or a similar method, under penalty of incurring additional losses and having the subscription suspended until the final resolution of the dispute.

7.5.2. Should any controversy or dispute arise with consumers or other claimants regarding products purchased on the platform and sold by the User, whether in extrajudicial or judicial proceedings, BIGhub is entitled to enter into agreements with consumers for the amount it deems appropriate, and the User must deposit the amount stipulated in the agreement into the account and within the timeframe indicated by BIGhub , without prejudice to BIGhub’s right to deduct this amount from the User’s payment as provided for in clause 10.

7.6. If the current Service Levels made available in these Terms and/or articles published by BIGhub are not met for a given order and the User does not respond to the SAC requests within the established timeframe, BIGhub has the prerogative to take any reasonable action to resolve the problem related to the respective order, including its cancellation, at the User’s expense, by withholding the respective amount from the next scheduled financial transfer to the User, without prejudice to the payment of the corresponding remuneration.

7.7. Regardless of any penalties applied, as stipulated in the previous items, the User will be obliged to comply with the Fixed Charge stipulated for their plan, such that BIGhub does not provide refunds for the period in which their account is paused or blocked, due to the User’s non-compliance with the operational Service Levels stipulated in these Terms.

8. Regarding responsibility for the use of the platform

8.1. The User agrees to use the Platform and its Services in accordance with the law, these Terms, the Specific Terms, and other instructions contained on the Platform or the Partners’ website, in good faith, in accordance with morality and good customs, and undertakes not to use them for illicit purposes or causes, in violation of the law or the rights of third parties, including personality or copyright rights, or that may in any way cause any damage to the Platform and/or the Services themselves, or even prevent the normal use or enjoyment of the Platform and the Services by other Users, such as, for example, the dissemination of viruses or other malicious code.

8.2. The misuse of the Platform and/or Services, by the User or by third parties using their Platform Access Credentials, will be the sole and exclusive responsibility of the User, whose permission to use the Platform will be revoked without prior notice and who will be held liable for any damages caused to BIGhub or third parties.

8.3. BIGhub , through the Platform, only provides information and a communication channel to the User, and is not responsible for the content added to the Platform by the User, who will be solely responsible for any conduct contrary to morality and the law towards BIGhub or third parties.

8.4. BIGhub reserves the right to remove from the Platform, at its sole discretion and without prior notice to the User, any content included by the User that is deemed inappropriate due to a violation of these Terms, and may even permanently or temporarily remove the User from the Platform for violating the Terms and/or the Specific Terms, preventing their participation on the Platform.

8.5. The User must refrain from obtaining, or attempting to obtain, information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any type of material accessible through the Platform or the Services, using means or procedures other than those made available or indicated for this purpose on the Platform or that are commonly used on the Internet for this purpose.

8.6. The User undertakes not to use the content of the Platform and Site in the form of spam, refraining, among other practices, from (i) sending advertising or other communications for sales purposes, or other commercial purposes, to a plurality of people, without their prior request or consent; (ii) sending any other unsolicited or previously unconsented messages to a group of people; (iii) sending unsolicited or previously unconsented chain messages; (iv) using the distribution lists that can be accessed through the Portal and Services to carry out the activities described in items (i) to (iii) above; (v) making available to third parties, for any purpose, data collected from BIGhub .

8.7. The User agrees not to use the Platform’s content for advertising purposes, directly or indirectly, or for any other commercial purpose, without prior request and consent, whether inside or outside the Platform, and may not collect any third-party data through the website for commercial, advertising, or other purposes unrelated to the Platform, under penalty of liability for any damages caused and, automatically, payment of a fine to BIGhub to be determined in court.

8.8. BIGhub reserves the right to remove, without the need for prior authorization from the User, content included by the User on the Platform that contains “hyperlinks” or any other redirects that BIGhub deems, in its sole assessment, to be inappropriate, improper, harmful or simply inconvenient for the Platform.

8.10. The “hyperlinks” and other redirects eventually included on the Platform by the User do not imply in any case the existence of a relationship between BIGhub and the owner of the Page on which they are established, nor the acceptance and approval by BIGhub of their content or services offered or made available to the public there, and BIGhub is not responsible for this, but rather the User himself.

9. Specific terms related to the sales channels (partners) available on the Platform and Website

9.1. These Specific Terms supplement the General Terms of Use of the Platform, without in any way replacing them, and apply to the specific situations to which they refer, without prejudice to the application of these Terms and other conditions.

9.2. BIGhub provides various sales channels for the User to use to display and market their products through Partner websites. All products registered on BIGhub by the User will be sent for review and subsequent publication on all BIGhub partner sales channels , respecting the Specific Terms of each channel.

9.3. Users acknowledge that:

I – In addition to the Terms and Specific Terms, compliance with the Terms of Use of each Partner’s own website is required.

II – BIGhub and the Partner are not owners, possessors, or custodians of the products registered by the User on the Platform, whose rights and responsibilities rest exclusively with the User, who sells directly to the Consumer.

III – BIGhub and the Partner are not responsible for the existence, quantity, quality, condition, integrity, or legitimacy of the products made available by the User and purchased by Consumers, nor for the Users’ capacity to contract or the veracity of the personal data (physical or legal) entered by them in their registrations.

IV – BIGhub and the Partner do not provide any guarantees, in any form, regarding the products, which must be negotiated and demanded by the Consumer directly with the User, with the User always respecting applicable legislation.

V – The User and the Consumer expressly state and accept that the purchase of the User’s product advertised on the Partners’ websites is made at the Consumer’s own risk, aware that any problems arising from this purchase will be borne by the Consumer and claimed against the User, with BIGhub or the Partner not being responsible for any damage or loss arising therefrom; thus, if BIGhub or the Partner receives any complaint in this regard, their responsibility will be limited to informing the User about the problem.

VI – The Consumer and the User are aware that all transactions carried out on the Partners’ websites must be conducted with rigor, caution, prudence and common sense, assuming exclusively the risk of the operation.

VII – In accordance with clauses 2.9 and 7.5.1, BIGhub and the Partner shall not be liable, under any circumstances, for failures in product delivery, product quality, discrepancies between the product description and the product delivered, errors in the barcode (EAN) registration, nor for problems with the authorship of the product. BIGhub will provide a Shipping Label and Shipping List (PLP) for all products with orders received through the Platform, which does not exempt the User from responsibility for delivering the product to the Consumer. In the event of the need for new shipments of a given order, the User shall bear the costs of such action. In the case of a product delivery delay, BIGhub may, without prior notice to the User, change the delivery method to a faster one, at the User’s sole expense. The User is fully responsible for any consequence arising from delays in shipment or delivery (except in cases where the User’s store originates from BIGsales ).

VIII – The User is solely responsible for sending and delivering the product to the Consumer under the offered conditions, with BIGhub and the Partner only acting as intermediaries in the exchange of information between the Consumer and the User.

IX – The User shall be solely responsible for any allegations of copyright infringement regarding products made available on the Platform and on the Partners’ websites, exempting BIGhub and the Partners from any liability under any circumstances. BIGhub and the Partners are not responsible for investigating the legitimacy of the products, as they are merely administrators of their respective Sites and/or Platforms.

X – The User undertakes directly to the Consumer to deliver the purchased product within the timeframe stated in the advertisement description. BIGhub is not responsible for this negotiation or the guarantee of delivery. Delivery will be made directly by the User to the Consumer, at their sole responsibility (except in cases where the User’s store originates from BIGsales ). The User will be responsible for highlighting the total shipping costs on the invoice issued to the Consumer, referring to the shipping costs paid by the Consumer.

XI – The User guarantees to the Consumer the authorization for the return of the money, to be carried out by the Partner, in the case of buyer’s remorse communicated through the BIGhub and/or Partners’ customer service channels, within the legal period of 7 (seven) consecutive days from the receipt of the product, bearing the costs of return postage. The User will be responsible for the payment of shipping and return postage in the case of buyer’s remorse within the legal period on the part of the Consumer.

XII – The User guarantees the Consumer, within 7 (seven) consecutive days from the date of receipt of the product, the exchange of the item in the following cases: a) receipt of a product with damage or defects caused by transport; b) receipt of a product with a manufacturing defect; c) discrepancy between the product purchased and the product delivered. The User will be responsible for paying the return and reshipment shipping costs, in the cases mentioned in this item, as many times as necessary.

XIII – The Consumer is permitted to claim for apparent and/or hidden defects within 30 (thirty) days for non-durable consumer goods and 90 (ninety) days for durable consumer goods. For apparent defects, the deadlines are counted from the date of receipt of the product. For hidden defects, the deadlines are counted from the date on which the defect became evident. In any and all cases of claims for defects, apparent or hidden, by the Consumer, the User will have a period of 30 (thirty) days, counted from the receipt of the defective product, to replace the product or the defective parts of the product, if applicable. If the defect is not remedied by the User within 30 (thirty) days, the Consumer may: a) request the replacement of the product with another identical product or, in the absence of an identical product, with a similar or superior product from the same User; or b) the cancellation of the purchase, with the consequent refund of the amount paid; or c) a reduction in value proportional to the defect found.

XIV – BIGhub may forward the Consumer’s request to the User after a longer period than previously mentioned in items XI to XIV, due to the processing time of the request by the Partner and/or BIGhub , without exempting the User from their obligation to fulfill the request. In the event that BIGhub is held liable for any reason, the User must indemnify it immediately, under penalty of having the corresponding amount deducted from their financial payments.

XV – The products made available by the User on the Partners’ websites through the Platform, for sale, as well as the content of the Platform and Website, are protected by copyright laws, and Consumers and Users are aware of this condition and of their subjection to the Copyright Policy of the Partners’ Websites.

XVI – The User expressly authorizes BIGhub , from now on, to use free of charge copyrighted images, logos and images of their products made available, as well as descriptions, titles and other information that it deems necessary, for use in advertising identical products from other Users, as well as to provide the Consumer with as much information as possible about the User and their product. BIGhub may use such information in any communication channels and/or networks that it deems appropriate for the dissemination of the User and their products, such as website(s), social networks in general, printed materials, email, digital or non-digital media, or any other means chosen by BIGhub , without prior notice or notification to the User, and no compensation and/or remuneration of any kind shall be due to the User.

XVII – BIGhub has no involvement whatsoever in the product review, approval, and publication process carried out by Partners. Consequently, BIGhub cannot guarantee the timeframe or even the publication of a specific product on the Partner’s website. Publication by the Partner will follow the flow and rules for product availability on the Platform, and the User acknowledges the complete absence of responsibility on the part of BIGhub and the Partner in case of non-publication or lack of a deadline for publication.

XVIII – In the event of non-delivery of an order for a product sold on the BIGHUB platform due to inactivity; inaction; negligence; omission or any other cause attributable to the User, the BIGHUB sales commission will be charged normally as stipulated in the contract and in these terms of use.

10. From the financial transaction and transfers of sales of products registered on BIGhub and carried out on partner websites.

10.1. Sales made by Users of products registered on the BIGhub Platform , through Partner sales channels, will be paid by Consumers to Partners, who will then transfer the net sale amount to BIGhub , which will consolidate all payments to the User according to the deadlines established by each Partner.

10.2. The financial transfer deadlines from BIGhub to the User will be counted after confirmation of the shipment and/or delivery of the order by the User to the Consumer, depending on the commercial conditions of each Partner.

10.3. The User will receive from BIGhub the net value of sales, that is, the sales value less the Variable Commission applied to the order value, Fixed Charge, Fixed Fee per Item and Shipping Costs, when applicable, according to the commercial terms of each Partner. BIGhub may deduct any fine, compensation, claim, settlement or court judgment in proceedings brought against BIGhub and/or Partners.

10.4. The User is solely responsible for issuing the electronic invoice for the sale of goods to the Consumer, in accordance with the legislation governing the product sold, including the shipping costs paid by the Consumer. Any and all problems arising from the absence or irregularity in the issuance of the tax document will be the sole and exclusive responsibility of the User.

10.5. BIGhub , in turn, will issue invoices for services rendered to the User, including the recurring Fixed Charge and the Variable Commission, if applicable.

10.6. The User is responsible for registering the Electronic Invoice XML on the Platform in the field indicated for each request and/or using a BIGhub service and/or a service integrated with BIGhub to issue such a tax document.

10.7. The User must print a copy of the Electronic Invoice Auxiliary Document (DANFE) and attach it to the shipping package of their order for verification by the Consumer. The User will be solely responsible for any claim arising from the lack of a tax document attached to the shipping package.

11. Regarding copyright policy

11.1. The content of the Site and Platform is protected by copyright and industrial property laws, and the User must respect them.

11.1.1 Any unauthorized use of texts, images, or any other works governed by copyright law will be the sole responsibility of the User.

11.1.2. The unauthorized use of trademarks, patents, industrial designs and designations of origin belonging to third parties without the permission of their rightful owner will be the sole responsibility of the User.

11.2. Should BIGhub be held liable, judicially or extrajudicially, for an act by the User that involves the improper use of: a work protected by copyright; or a trademark, patent, industrial design or designation of origin of a third party without its authorization, the User will be held responsible for the illegality committed, and must answer for all damages, material and/or moral, arising therefrom.

11.3. When any specific content of the Site and/or Platform is governed by a specific licensing regime, as indicated on the Site and/or Platform itself, the User will be authorized to use said content within the limits established by this specific licensing regime; if there is no mention of a specific license, the content will be subject to copyright, industrial property or unfair competition laws, as applicable, and any use by the User will be subject to authorization from its owner.

11.4. The User will be responsible for taking the necessary steps to comply with the rights and obligations applicable in each case.

11.5. The User is prohibited from reproducing, using, copying, distributing, transforming, modifying, or otherwise using in any way that infringes copyright or industrial property rights over the content of the Site and/or Platform, except in cases and within the limits of special licenses contained on the Site and/or Platform, or in cases where the User is previously authorized by the holder of the respective rights or by another legally valid means.

11.6. The User declares that, in the event of submitting any content to the Portal, they will not infringe the copyright and/or industrial property rights of third parties, inserting only content for which they hold the copyright and/or industrial property rights.

11.6.1. BIGhub will not be held responsible for any infringement of copyright and/or industrial property rights caused by a User when submitting content to the Platform. The User is solely responsible for responding to any such claims, whether administrative or judicial, and acknowledges and agrees that BIGhub may summon the User to the proceedings in such cases, without prejudice to the right of recourse and other legal remedies, with BIGhub being fully exempt from liability in all cases.

11.6.2. The User is aware and agrees that, in the event of a complaint of copyright and/or industrial property infringement, their registration data and other technical information may be used to hold them accountable for the abuse, which does not constitute a violation of privacy.

11.6.3. The User declares that they will not improperly replicate trademarks, industrial designs, patents or designations of origin belonging to third parties, in violation of the legislation concerning the protection of industrial property.

11.6.4. BIGhub will not be held responsible for counterfeiting, improper reproduction of products in violation of third-party patents, improper reproduction and/or sale of products whose industrial design is owned by third parties, nor for the improper reproduction of designations of origin. The User acknowledges that any legal or extrajudicial claim involving industrial property will be their full responsibility, exempting BIGhub from any liability for the illegal act committed, and will also bear any and all expenses that BIGhub may incur.

12. The User is solely responsible for the use of the Platform.

12.1. The User is aware and voluntarily accepts that the use of the Platform and Services is, in any case, under their sole and exclusive responsibility.

12.2. BIGhub does not guarantee the availability and continuity of the Site and/or Platform and Services, whether due to technical and operational issues or commercial reasons, and any temporary or permanent interruption of the Platform’s activities is at its discretion, exempting itself from any liability for any damages and losses of any kind that may arise therefrom. However, BIGhub will make every effort to keep the Portal in perfect working order for the User.

12.3. Regarding User privacy, registration data will not be used, assigned, or transferred to third parties for any purpose unrelated to the Platform, except as provided in item 11.5. Sharing User data with Partners integrated and officially approved by BIGhub , as provided for in BIGhub ‘s Privacy Policy , item 4.2, is not considered a purpose unrelated to the Platform and is therefore permitted.

12.4. BIGhub disclaims and releases itself, to the fullest extent permitted by law and any other applicable law, from any liability for damages of any kind, lost profits and consequential damages, related to information obtained through the Platform, in the use of services or in any other way, as set forth above.

13. Regarding the exclusion of warranties and liability:

13.1. BIGhub is not responsible for prior control regarding the absence of viruses or other harmful agents in the content made available on the Platform or Website, whether its own or from third parties, and it is the User’s sole responsibility to update their computer systems for such detection.

13.2. BIGhub is not responsible for the effectiveness, quality, or any other element related to services provided by third parties that may infringe on the User’s rights, whose access for enjoyment or acquisition is possible through the Platform, which is merely a tool for making the content available.

13.3. The Site and Platform provide the User with technical devices called “access links” (connections between texts, pages or files), such as, among others, “banners” (display of images and graphic signs on pages, which identify advertising, publicity, etc.), buttons, directories and search tools that allow Users to access Pages belonging to third parties. The installation of these banners, directories and search tools on the Portal has the sole purpose of facilitating Users’ search for information available on the Internet, and does not imply any type of link or association between BIGhub and the operators of these pages, who are solely responsible for their content, the products and services made available on them and the consequences thereof.

13.4. BIGhub ‘s liability , should it be declared judicially, is limited to the amount corresponding to the value of 3 (three) monthly payments of the plan contracted by the User. The User declares to agree with this clause limiting the quantitative liability of BIGhub . If the User does not agree with this limitation, they must immediately discontinue use of the service.

14. Duration and completion

14.1. The provision of the Platform service and other Services by BIGhub is for an indefinite period. However, BIGhub is entitled to terminate, suspend, interrupt or completely alter, unilaterally, at any time and without prior notice, the Platform and/or the provision of Services.

14.2 BIGhub reserves the right to change this Agreement at its discretion, at any time and without prior notice to the User, and may change, add, modify or remove any part of this Agreement.

14.3. The User must periodically check the Terms in order to be aware of any modifications. Continued use of their BIGhub account will constitute acceptance of the changes and the new Terms.

14.4. BIGhub will inform the User via the Platform and/or email when the Terms are changed.

15. Applicable law and jurisdiction

15.1 These Terms are governed by Spanish law and the Central Court of the Metropolitan Region of Seville is hereby chosen as the exclusive forum for resolving any disputes that may arise from these terms, with express waiver of any other forum, however privileged it may be.

15.2. All communications, requests, notifications or information related to BIGhub may be sent to the company’s address at Calle Alfonso XII 32 Bajo A 21003 Huelva