BIG BLUE TERMS OF SERVICE
Big Blue Technologies LLC Version 1.1 Effective Date: July 19, 2026 Last Updated: July 19, 2026
PLAIN LANGUAGE SUMMARY (not a substitute for the full terms)
Big Blue is a technology platform that connects people who have parking space with people who need it. We are not a parking operator, a garage, a valet, a bailee, a security company, or an insurer. We do not own, control, inspect, supervise, or maintain any space listed on the platform. Every transaction is directly between the Host and the Parker. You use the platform, park your vehicle, and open your property to strangers entirely at your own risk. We do not provide insurance and we are not responsible for theft, damage, injury, or loss.
IMPORTANT: Section 18 contains a binding arbitration agreement and a class action waiver. It affects how disputes with us are resolved. You may opt out of arbitration within 30 days of first accepting these Terms.
1. ACCEPTANCE OF THESE TERMS
1.1 These Terms of Service ("Terms") are a binding legal contract between you and Big Blue Technologies LLC, a California limited liability company ("Big Blue," "we," "us," or "our"), governing your access to and use of the Big Blue mobile applications, the website at thebigblue.app and any successor or related domains, and all related services, features, and content (collectively, the "Platform").
1.2 By creating an account, checking the box indicating your agreement, clicking a button indicating your acceptance, listing a Space, booking a Space, or otherwise accessing or using the Platform, you agree to these Terms, to the Big Blue Privacy Policy, and to the Big Blue Assumption of Risk, Waiver and Release of Liability (the "Release"), each of which is incorporated into these Terms by reference. If you do not agree, do not use the Platform.
1.3 Scope. These Terms govern Blue Parking, the parking product line of the Platform, only. Big Blue may in the future offer additional product lines, including Blue Docking. Those product lines are not offered under these Terms and will be governed by separate or amended terms presented to you at that time. Nothing in these Terms authorizes, contemplates, or applies to the berthing, mooring, or docking of a vessel, or to the landing or staging of an aircraft.
1.4 If you accept these Terms on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
2. DEFINITIONS
- "Space" means any parking space, driveway, carport, garage, surface lot, structured lot, or other area listed on the Platform for the parking or storage of a Vehicle.
- "Host" means a user who lists, offers, or makes available a Space.
- "Parker" means a user who books, reserves, accesses, or uses a Space.
- "Booking" means a reservation of a Space made through the Platform.
- "Vehicle" means any car, truck, van, SUV, motorcycle, scooter, trailer, or recreational vehicle, together with its contents, cargo, equipment, and accessories.
- "Content" means any text, photograph, video, review, listing information, geolocation data, or other material submitted to the Platform.
- "User" means any Host, Parker, or other person who accesses the Platform.
3. THE PLATFORM IS A VENUE ONLY
3.1 Nature of the service. Big Blue provides an online marketplace and related technology that allows Users to discover, list, communicate about, book, and pay for Spaces. Big Blue's sole role is to provide that technology.
3.2 What Big Blue is not. Big Blue is not, and does not act as, and expressly disclaims the status of: a parking facility, parking operator, or parking attendant; a garage keeper or garage operator; a bailee, custodian, warehouseman, or depositary of any Vehicle or property; a valet; a landlord, sublandlord, lessor, or property manager; a security guard, security service, or watchman; a common carrier; a transportation provider; an insurance company, insurance producer, or broker; an escrow agent; a bank or money transmitter; a real estate broker or agent; or an employer, agent, joint venturer, or partner of any User.
3.3 No bailment. No bailment of any kind is created by any Booking, by the use of the Platform, or by the delivery of a Vehicle to a Space. Big Blue never takes custody, possession, or control of any Vehicle, key, fob, or other property, and no Host takes custody, possession, or control of a Vehicle unless the Host and the Parker separately and expressly agree otherwise between themselves, which is a matter solely between them and to which Big Blue is not a party.
3.4 No agency. Hosts and Parkers are independent of Big Blue and of each other. Nothing in these Terms creates any agency, partnership, joint venture, employment, franchise, or fiduciary relationship between Big Blue and any User. No User has authority to bind Big Blue.
3.5 The contract is between Users. Each Booking forms a direct contractual relationship between the Host and the Parker only. Big Blue is not a party to that contract, is not a guarantor of either party's performance, and assumes no obligations under it. Big Blue is not the seller, provider, or licensor of any Space.
3.6 No control. Big Blue does not own, lease, operate, possess, manage, inspect, survey, measure, maintain, repair, clear, light, patrol, monitor, secure, supervise, or control any Space, and does not direct or control the conduct of any User.
4. ELIGIBILITY AND ACCOUNTS
4.1 You must be at least 18 years old and able to form a binding contract. The Platform is not directed to children.
4.2 You must provide accurate, current, and complete information and keep it updated. You may not create an account for anyone else, use another person's account, transfer your account, or maintain more than one account without our written permission.
4.3 You are solely responsible for all activity under your account and for safeguarding your credentials. Notify us immediately at admin@thebigblue.app of any unauthorized use. Big Blue is not liable for any loss arising from unauthorized use of your account.
4.4 Verification is limited and is not a guarantee. Big Blue may, but is not obligated to, request identity documents, run screenings, verify a phone number or email, verify payment instruments, or check public records. Any such process is limited, is performed for our own business purposes, may rely on third parties, and is not a certification, endorsement, guarantee, or representation as to any User's identity, character, criminal history, driving record, trustworthiness, competence, licensure, insurance status, ownership of a Space, or right to offer a Space. Badges, ratings, reviews, "verified" labels, and similar indicators are not warranties. You must exercise your own judgment and due diligence.
4.5 Account deletion. You may delete your account at any time from within the app or at thebigblue.app. Deletion of an account does not release you from obligations incurred before deletion, does not cancel or refund an active Booking, does not terminate any indemnity you owe, and does not affect any provision that by its nature survives. We may require completion or cancellation of active Bookings or active listings before deletion is processed. We may retain information as required by law, for tax, accounting, fraud prevention, dispute resolution, and safety purposes, as described in the Privacy Policy.
5. HOST TERMS
If you list a Space, the following applies to you in addition to everything else in these Terms.
5.1 Representations and warranties. You represent and warrant, on a continuing basis, that:
(a) you own the Space, or you hold a valid leasehold, license, easement, or other legal right that expressly permits you to offer the Space to third parties for compensation;
(b) offering the Space does not and will not violate any lease, sublease, mortgage, deed of trust, covenant, condition, restriction, HOA or condominium rule, parking or garage agreement, insurance policy, zoning ordinance, land use restriction, permit condition, business licensing requirement, commercial parking ordinance, curb cut or driveway restriction, or any other law, rule, or agreement applicable to you or the Space;
(c) you have obtained every consent, permit, license, and approval required for the Space to be used as listed;
(d) all listing information, including location, dimensions, height and width clearance, surface type, weight limits, access and entry instructions, gate or key codes, availability, photographs, amenities, restrictions, and pricing, is accurate, current, and not misleading;
(e) the Space is in a condition reasonably safe for its listed use, and you have disclosed in the listing every hazardous, defective, or unusual condition known to you or that you should reasonably know of, including without limitation uneven, cracked, sloped, or unstable surfaces, low overhead clearance, tight ingress or egress, blind approaches, poor lighting, exposed wiring, unsecured gates, animals on the property, active construction, flooding, ice, falling tree limbs, and any known risk of vehicle crime in the area;
(f) you maintain, and will maintain throughout your use of the Platform, insurance appropriate to the Space and its listed use, in amounts adequate to cover foreseeable claims, and you acknowledge that many standard homeowners, renters, and condominium policies exclude coverage for commercial activity and that it is your responsibility to confirm coverage with your own insurer;
(g) you are not a person or entity barred from receiving services under applicable sanctions or export laws, and you are not required to register as a sex offender in any jurisdiction; and
(h) you will comply with all applicable law in connection with the Space and your use of the Platform.
5.2 Taxes. You are solely responsible for determining, collecting where required, reporting, and remitting all taxes arising from your Big Blue earnings and from the use of your Space, including income tax, self-employment tax, sales and use tax, transient occupancy or parking taxes, and any local parking excise tax. Big Blue does not provide tax advice. Where required, Big Blue or its payment processor will issue an information return (for example, a Form 1099-K) and may withhold or require a valid Form W-9 or W-8.
5.3 Your relationship with your Parker. Enforcement of the terms of your listing, including any rules regarding hours, blocking, vehicle size, noise, cleanliness, and unauthorized use, is between you and the Parker. Big Blue does not tow, boot, clamp, remove, impound, ticket, or eject any Vehicle or person, and is not responsible for doing so. If you tow or remove a Vehicle, you do so entirely at your own risk and expense, and you must comply with all applicable law, including notice, signage, and storage requirements. You are solely liable for any wrongful tow.
5.4 Premises liability is yours. As between you and Big Blue, you accept full responsibility for the condition of the Space and for any injury, death, or property damage occurring at or arising from the Space, regardless of the legal theory, including premises liability, negligence, nuisance, trespass, attractive nuisance, dangerous condition, and strict liability.
5.5 No listing right. Big Blue may decline, remove, edit, suspend, delist, reprice for display, or refuse to reinstate any listing at any time, for any reason or no reason, without liability to you.
6. PARKER TERMS
If you book or use a Space, the following applies to you in addition to everything else in these Terms.
6.1 Representations and warranties. You represent and warrant that:
(a) you hold a valid, current driver's license or other license required to operate the Vehicle you bring;
(b) the Vehicle is registered, lawfully in your possession, in safe operating condition, and free of leaks or hazards;
(c) you maintain at all times insurance covering the Vehicle in at least the minimum amounts required by applicable law, and you acknowledge that your own insurance, not Big Blue, is your primary and only protection against loss;
(d) you will comply with the listing's rules, the Host's instructions, all posted signage, and all applicable law, including all vehicle codes and all local ordinances governing the operation, parking, and storage of vehicles; and
(e) you are not impaired by alcohol, cannabis, or any other substance when operating a Vehicle at or near a Space.
6.2 Your use of the Space. You will use the Space only for the listed purpose and only during the booked period. Unless the listing expressly permits it in writing, you will not: exceed the booked time; occupy more than one space; sleep, reside, camp, or lodge in the Vehicle; perform maintenance, repairs, fueling, oil changes, detailing, or washing; charge a vehicle from the Host's electrical supply; discharge any waste, sewage, fuel, oil, or coolant; store or transport hazardous, explosive, flammable, radioactive, or illegal materials; conduct any commercial activity; sublicense or transfer your Booking; or bring additional persons, pets, or vehicles onto the property.
6.3 Condition of the Space. You are responsible for inspecting the Space and its approach before use and for determining that it is suitable and safe for you and your Vehicle. If the Space is not suitable, do not use it, and report it through the Platform. Proceeding to use a Space is your acceptance of its condition.
6.4 Leave no trace. You will leave the Space in the condition you found it. You are liable to the Host for any damage you or your guests cause to the Space or to any other property, and you agree that Big Blue may charge your payment method for such damage pursuant to Section 7.
6.5 Personal property. Never leave valuables in your Vehicle. Property left in, on, or around a Vehicle or a Space is left entirely at your own risk. Neither Big Blue nor the Host is responsible for it.
7. BOOKINGS, FEES, AND PAYMENTS
7.1 Booking. A Booking is confirmed when the Platform issues a confirmation. Prices are set by the Host. Big Blue may display, suggest, or algorithmically recommend pricing, but does not set or guarantee it.
7.2 Service fees. Big Blue charges service fees to Hosts, Parkers, or both, as disclosed at the time of the transaction. Fees are subject to change on a prospective basis. Except as expressly stated in these Terms or as required by law, all fees are non-refundable.
7.3 Payment processing. Payments are processed by Stripe, Inc. and its affiliates. Big Blue uses Stripe Connect. By using the Platform you agree to the applicable Stripe terms, and each Host, as a recipient of payouts through a Stripe Connect Express connected account, additionally agrees to and is bound by the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the "Stripe Agreement"), as a condition of receiving payouts. You authorize Big Blue to instruct Stripe to debit and credit accounts in connection with Bookings, fees, refunds, and adjustments. Big Blue is not a bank and does not provide banking, money transmission, escrow, or fiduciary services. Big Blue is not responsible for the acts, omissions, outages, holds, reserves, account reviews, identity-verification requirements, or errors of Stripe, any card network, or any financial institution, and Stripe's holds or reserves on a Host's connected account are governed by the Stripe Agreement and not by Big Blue.
7.4 Authorization to charge. You authorize Big Blue and its processor to charge your payment method for Bookings, extensions, overstays, fees, taxes, damage claims determined under Section 7.6, fines, penalties, towing and impound charges, cleaning costs, and chargeback related costs.
7.5 Cancellations and refunds. Cancellations are governed by the cancellation policy displayed on the listing and at checkout, which is incorporated into these Terms. Where a Booking cannot be honored, Big Blue's maximum obligation to you is a refund of the amounts you paid for that Booking, and nothing more.
7.6 Damage claims and disputes between Users. Big Blue may, at its sole discretion and purely as an administrative accommodation, review claims between Users, request evidence, mediate informally, and credit, debit, or withhold funds. Any such action is voluntary, is not an adjudication, is not insurance, does not create any duty to act, does not make Big Blue a party to the underlying dispute, and does not waive any provision of these Terms. Big Blue's determination in such an accommodation is final as to the movement of funds through the Platform, and does not limit either User's rights against the other outside the Platform.
7.7 Chargebacks. Initiating a chargeback rather than using the Platform's dispute process is a breach of these Terms. You agree to reimburse Big Blue for amounts charged back plus fees and costs.
8. ASSUMPTION OF RISK, WAIVER, AND RELEASE
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR LEGAL RIGHTS. YOU ARE ALSO ASKED TO ACCEPT A SEPARATE, STANDALONE RELEASE DOCUMENT, WHICH CONTAINS SUBSTANTIALLY THE SAME TERMS AND WHICH IS INCORPORATED HERE.
8.1 Assumption of risk. You knowingly, voluntarily, freely, and expressly assume all risks, known and unknown, foreseen and unforeseen, arising out of or in any way related to the Platform, any Space, any Booking, any Vehicle, and any interaction with any other User. Those risks include, without limitation: theft, vandalism, arson, burglary, break in, and towing of a Vehicle; collision, dents, scratches, and mechanical damage; loss of or damage to contents, cargo, and personal property; fire, flood, wind, storm, hail, lightning, earthquake, landslide, falling objects, tree limbs, and animals; gate, door, and barrier failure; surface collapse, subsidence, and structural failure; slip and fall, trip and fall, and other premises hazards; assault, robbery, harassment, stalking, and other criminal or intentional acts of Users or third parties; exposure to disease; the acts, omissions, negligence, recklessness, misrepresentation, intoxication, incompetence, and criminal conduct of any Host, Parker, guest, or third party; inaccurate, incomplete, or fraudulent listings; inability to access or exit a Space; parking citations, fines, booting, towing, and impound; loss of use; consequential economic loss; and bodily injury, illness, permanent disability, and death.
8.2 You are responsible for your own protection. You acknowledge that Big Blue provides no insurance, no guarantee, no warranty, no protection program, no security, and no monitoring, and that your own insurance, your own precautions, and your own judgment are your sole protection.
8.3 Release. To the maximum extent permitted by applicable law, you hereby fully and forever release, acquit, remise, waive, relinquish, and discharge Big Blue Technologies LLC and its past, present, and future parents, subsidiaries, affiliates, predecessors, successors, assigns, members, managers, officers, directors, employees, contractors, consultants, agents, investors, and insurers (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, suits, liabilities, damages, losses, costs, expenses, penalties, fines, judgments, and attorneys' fees, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, accrued or unaccrued, at law or in equity, arising out of or in any way related to: (a) any Space; (b) any Booking; (c) any Vehicle or property; (d) any act, omission, or conduct of any User or third party; (e) any injury, death, damage, loss, or theft occurring at, in transit to or from, or in connection with a Space; (f) any dispute between you and another User; or (g) your access to or use of the Platform. THIS RELEASE EXPRESSLY INCLUDES CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW.
8.4 Waiver of unknown claims. You expressly waive the protections of California Civil Code Section 1542, and of any similar law of any other jurisdiction, which reads:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
You understand that you are releasing claims you do not know about and might not suspect exist, and that you do so intentionally, having had the opportunity to consult counsel.
8.5 Covenant not to sue. You agree not to commence or maintain any action against any Released Party for any claim released above. If you do, you agree to pay the Released Parties' costs and reasonable attorneys' fees, to the extent permitted by law.
8.6 Carve outs required by law. Nothing in this Section or in the Release purports to limit or release liability for gross negligence, recklessness, willful or wanton misconduct, fraud, intentional misrepresentation, violation of law, or any liability that cannot be limited or released under applicable law, including California Civil Code Section 1668. Nothing here waives any non-waivable statutory right, any right to file a complaint with a government agency, or any right to public injunctive relief.
9. DISCLAIMER OF WARRANTIES
9.1 THE PLATFORM, ALL SPACES, AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE.
9.3 WITHOUT LIMITING THE FOREGOING, BIG BLUE DOES NOT WARRANT THAT: ANY SPACE EXISTS, IS AVAILABLE, IS ACCESSIBLE, IS LEGAL, IS SAFE, IS SECURE, IS SUITABLE, IS AS DESCRIBED, OR CAN LAWFULLY BE OFFERED BY THE HOST; ANY USER IS WHO THEY CLAIM TO BE, IS INSURED, IS LICENSED, OR WILL PERFORM; ANY LOCATION, MAP, PIN, ROUTE, GEOLOCATION, DIMENSION, CLEARANCE, OR AVAILABILITY DATA IS ACCURATE; OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR FREE OF HARMFUL CODE.
9.4 The Platform relies on third party services, including mapping and geolocation providers, identity and payment providers, cloud infrastructure, and communications providers. Big Blue is not responsible for those services. Do not rely on the Platform for navigation or for safety critical decisions.
9.5 Beta. Portions of the Platform may be identified as beta, preview, or early access. Those portions are provided for evaluation, may be discontinued, may contain defects, and are excluded from any commitment of any kind.
9.6 Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions apply to the greatest extent permitted.
10. LIMITATION OF LIABILITY
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, OR VEHICLES, OR FOR PERSONAL INJURY, EMOTIONAL DISTRESS, OR DEATH, ARISING OUT OF OR RELATED TO THESE TERMS, THE PLATFORM, ANY SPACE, OR ANY BOOKING, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE PLATFORM, ANY SPACE, OR ANY BOOKING WILL NOT EXCEED THE GREATER OF (a) THE TOTAL SERVICE FEES ACTUALLY RECEIVED AND RETAINED BY BIG BLUE FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100).
10.3 These limitations apply to each Released Party in the aggregate, not per party, and survive any failure of essential purpose of any limited remedy.
10.4 You acknowledge that the fees charged by Big Blue reflect this allocation of risk, that these limitations are an essential basis of the bargain, and that Big Blue would not provide the Platform on these economic terms without them.
10.5 Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, liability is limited to the greatest extent permitted.
11. INDEMNIFICATION
11.1 You will defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, fines, penalties, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and expert fees) arising out of or related to: (a) your use of the Platform; (b) any Space you list or use; (c) any Booking; (d) your Content; (e) your breach of these Terms or of any representation or warranty; (f) your violation of any law or of the rights of any third party, including any Host's landlord, lender, HOA, insurer, or neighbor; (g) any injury, death, or property damage arising from your acts or omissions or from your Vehicle or Space; (h) any tax obligation of yours; and (i) any dispute between you and another User or a third party.
11.2 Big Blue may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you will cooperate. You will not settle any matter that imposes any obligation or admission on a Released Party without our prior written consent.
11.3 This obligation survives termination of your account and of these Terms.
12. NO INSURANCE
12.1 Big Blue does not provide, procure, broker, or arrange any insurance, guarantee, warranty, protection plan, damage protection, host guarantee, or reimbursement program of any kind for any User, Space, or Vehicle.
12.2 Any coverage you have is your own, from your own insurer, on your own policy. You are solely responsible for obtaining and maintaining it, for confirming that it covers the activity contemplated here, and for filing your own claims. Many personal auto, homeowners, renters, and condominium policies exclude commercial use. Confirm with your insurer before you list or book.
12.3 If Big Blue ever introduces an optional protection product, it will be described in a separate document with its own terms, exclusions, and limits, and it will not modify these Terms unless it expressly says so.
13. USER CONTENT AND CONDUCT
13.1 License. You retain ownership of your Content. You grant Big Blue a worldwide, non-exclusive, royalty free, fully paid, sublicensable, transferable, perpetual, and irrevocable license to use, host, store, reproduce, modify, adapt, create derivative works from, publish, publicly display and perform, and distribute your Content in connection with operating, promoting, and improving the Platform and Big Blue's business, in any media now known or later developed. You waive any moral rights to the extent permitted by law.
13.2 Your responsibility. You are solely responsible for your Content and represent that you have all rights necessary to grant this license and that your Content is accurate and lawful.
13.3 Prohibited conduct. You will not: post false, misleading, defamatory, harassing, discriminatory, obscene, or unlawful Content; discriminate against any User on the basis of race, color, national origin, ancestry, religion, sex, gender identity or expression, sexual orientation, marital status, disability, familial status, source of income, age, veteran or military status, or any other protected characteristic; circumvent the Platform to transact off platform in order to avoid fees; scrape, crawl, index, harvest, or use bots or automated means to access the Platform; reverse engineer, decompile, or attempt to derive source code; interfere with, probe, or stress the Platform or its security; use the Platform for surveillance, stalking, or to locate any person; introduce malware; use the Platform's data to train any machine learning model; impersonate any person; use another User's information for any purpose other than completing a Booking; or use the Platform for any illegal purpose.
13.4 No obligation to monitor. Big Blue may, but has no obligation to, review, screen, monitor, edit, or remove any Content or listing. Big Blue is not responsible for any Content and does not endorse any opinion in it. Any decision by Big Blue to review or remove Content does not create a duty to review or remove other Content, and does not make Big Blue the author or publisher of any Content.
13.5 Copyright. Big Blue responds to notices of alleged infringement under the DMCA. Send notices to admin@thebigblue.app with the information required by 17 U.S.C. 512(c)(3). Repeat infringers will be terminated.
14. DISPUTES BETWEEN USERS
14.1 You are solely responsible for your interactions and dealings with other Users. Big Blue is under no obligation to become involved in, mediate, arbitrate, adjudicate, investigate, or resolve any dispute between Users.
14.2 If a dispute arises between you and another User, you release the Released Parties from all claims, demands, damages, and losses of every kind arising out of or connected with that dispute, and you waive California Civil Code Section 1542 and any similar law with respect to that release.
15. SUSPENSION AND TERMINATION
15.1 Big Blue may suspend, restrict, limit, or terminate your account or access to all or part of the Platform, remove any listing, and cancel any pending or confirmed Booking, at any time, with or without notice, for any reason or no reason, including suspected fraud, safety concerns, breach of these Terms, harm to other Users, or harm to Big Blue's brand or business. Where Big Blue cancels a confirmed Booking absent your breach, your sole remedy is a refund of amounts paid for that Booking.
15.2 You may stop using the Platform at any time and may delete your account as described in Section 4.5.
15.3 Sections 3, 5.4, 7.4, 7.7, 8, 9, 10, 11, 12, 13.1, 14, 15, 16, 18, 19, and 21, and any other provision that by its nature should survive, survive termination.
16. THIRD PARTY PLATFORMS AND APP STORES
16.1 Apple. If you use the iOS app: these Terms are between you and Big Blue only, not Apple. Apple has no obligation to furnish any maintenance or support. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for any claims relating to the app, including product liability, legal or regulatory non-compliance, or consumer protection claims, and is not responsible for the investigation, defense, settlement, or discharge of any third party intellectual property claim. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist supporting country, and that you are not on any U.S. Government restricted party list. Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce them against you. Your license to use the iOS app is a limited, non-transferable license as described in Apple's standard EULA, as supplemented by these Terms.
16.2 Other third party services. Links and integrations to third party services are provided for convenience. Big Blue does not endorse and is not responsible for them.
17. CHANGES TO THE PLATFORM AND TO THESE TERMS
17.1 Big Blue may modify, suspend, or discontinue any part of the Platform at any time without liability.
17.2 Big Blue may amend these Terms. If the change is material, we will provide notice through the Platform or by email at least 15 days before it takes effect, and will update the "Last Updated" date. Your continued use after the effective date constitutes acceptance. For material changes we may require you to affirmatively re-accept before continuing to use the Platform. Changes to Section 18 apply prospectively only and do not apply to a dispute of which we had actual notice before the change.
18. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ. THIS SECTION AFFECTS YOUR RIGHTS. IT REQUIRES INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
18.1 Informal resolution first. Before starting an arbitration, you and Big Blue must attempt informal resolution. Send a written Notice of Dispute to admin@thebigblue.app and to Big Blue Technologies LLC, ATTN: Legal, 1817 Viola Pl, Costa Mesa, CA 92627 describing the dispute and the relief sought, and including your name, account email, and signature. The parties will negotiate in good faith for 60 days. This is a condition precedent to arbitration. The limitations period is tolled during this period.
18.2 Agreement to arbitrate. Except as provided in 18.5, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any Space, any Booking, any Content, or your relationship with Big Blue, including the validity, enforceability, or scope of this Section, and including claims that arose before you accepted these Terms, will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator, and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
18.3 Class action and jury waiver. YOU AND BIG BLUE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not consolidate or preside over any class or representative proceeding. If this paragraph is found unenforceable as to any claim or request for relief, that claim or request must be severed and litigated in court, and the remaining claims must be arbitrated.
18.4 Mass arbitration protocol. If 25 or more similar claims are asserted against Big Blue by the same or coordinated counsel, the claims will be resolved in staged batches of no more than [50] claims each, with a single arbitrator per batch, and the parties will attempt to resolve the remaining claims informally after each batch. The limitations period is tolled for unbatched claims.
18.5 Exceptions. Either party may bring an individual action in small claims court. Either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual property. Claims for public injunctive relief under California law are not subject to arbitration and are severed and stayed pending arbitration of the remaining claims.
18.6 Opt out. You may opt out of this Section by sending written notice to admin@thebigblue.app within 30 days of first accepting these Terms, stating your name, account email, and that you opt out of arbitration. Opting out does not affect any other provision.
18.7 Fees. Arbitration fees are governed by the administrator's rules. Where those rules require Big Blue to pay them, Big Blue will.
18.8 Location. Arbitration will take place in Orange County, California or, at your election, in the county of your residence, or by videoconference or on documents only where the rules permit.
18.9 This Section survives termination.
19. GOVERNING LAW AND VENUE
19.1 These Terms and any dispute are governed by the laws of the State of California, without regard to conflict of laws principles, except that the Federal Arbitration Act governs Section 18.
19.2 For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California, and waive any objection to that venue.
19.3 Time limit. Any claim arising out of or related to these Terms or the Platform must be filed within ONE (1) YEAR after it accrues, or it is permanently barred, to the maximum extent permitted by law.
20. NOTICES
20.1 We may give notice by in app message, push notification, or email to the address on your account, or by posting to the Platform. You consent to receive communications electronically and agree that electronic communications satisfy any legal requirement that a communication be in writing.
20.2 Legal notices to Big Blue must be sent to admin@thebigblue.app and to Big Blue Technologies LLC, ATTN: Legal, 1817 Viola Pl, Costa Mesa, CA 92627.
21. GENERAL
21.1 Entire agreement. These Terms, the Privacy Policy, the Release, the cancellation policy, and any policy incorporated by reference are the entire agreement between you and Big Blue regarding the Platform and supersede all prior agreements and understandings, including any oral representation by any Big Blue employee or contractor.
21.2 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, it will be severed, and the remaining provisions remain in full force. Section 18.3 is governed by its own severability rule in 18.3.
21.3 No waiver. No failure or delay in exercising a right waives it.
21.4 Assignment. You may not assign these Terms. Big Blue may assign freely, including in connection with a financing, merger, acquisition, or sale of assets.
21.5 Force majeure. Big Blue is not liable for any failure or delay caused by events beyond its reasonable control.
21.6 Interpretation. Headings are for convenience. "Including" means "including without limitation." No rule of construction against the drafter applies.
21.7 Export and sanctions. You represent that you are not on any U.S. restricted party list and will comply with export and sanctions laws.
21.8 Contact. admin@thebigblue.app