BIG HOUSE ENTERPRISE TERMS OF SERVICE

Last Updated: December 15th, 2025

Effective Date: December 15th, 2025


IMPORTANT NOTICE

BY ACCEPTING THIS AGREEMENT, CLICKING “I AGREE,” EXECUTING AN ORDER, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

This Agreement contains a mandatory arbitration provision in Section 2 that requires you to submit claims to binding arbitration and limits your ability to participate in class actions or representative proceedings. Please read Section 2 carefully.


INTRODUCTION

These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the services provided by Big House Enterprise, LLC (“Big House Enterprise,” “we,” “us,” or “our”), an Iowa limited liability company with its principal place of business in Des Moines, Iowa.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms, in which case “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms, you must not accept this Agreement and may not use the Services.


TABLE OF CONTENTS

Table Of Contents
  1. BIG HOUSE ENTERPRISE TERMS OF SERVICE

1. SCOPE & SERVICE DEFINITION

1.1 SERVICE OVERVIEW

Big House Enterprise provides AI Authority engineering and algorithmic optimization services (the “Services”) designed to establish and enhance your brand’s visibility and recognition across AI-powered search, discovery, and recommendation systems.

The Services consist of professional AI Authority engineering utilizing our proprietary methodologies and technical implementations, including:

A. Diagnostic & Analysis Services:

  • Digital Authority Risk Assessment
  • Algorithmic Visibility Audit
  • Knowledge Panel Readiness Score evaluation
  • Competitive Algorithmic Positioning Analysis
  • Technical infrastructure assessment

B. Technical Implementation Services:

  • Structured data architecture design and implementation
  • Knowledge Graph entity establishment (KGMID)
  • AI platform optimization (ChatGPT, Claude, Perplexity, Gemini, Google, and other platforms)
  • Knowledge Panel creation strategies
  • Entity recognition engineering

C. Strategic Consulting Services:

  • AI Authority strategy development
  • Executive digital positioning guidance
  • Algorithmic visibility road-mapping
  • Ongoing optimization recommendations
  • Performance analysis and reporting

D. Technology Access:

  • Proprietary diagnostic tools
  • Performance monitoring dashboards
  • Analytics and reporting platforms
  • Documentation and implementation guides
  • API-based delivery infrastructure

E. Deliverables:

  • Technical documentation of all implementations
  • Ongoing performance reports
  • Training and knowledge transfer
  • Strategic recommendations and analysis

All Services are provided through subscription plans or project-based engagements as specified in your Order, Service Agreement, or Performance Commitment Agreement.

1.2 PLATFORM-AGNOSTIC METHODOLOGY

Rather than being platform-specific, our methodology addresses the fundamental mechanisms by which AI systems identify, evaluate, and recommend authoritative sources.

The Services apply our proprietary AI Authority Method to engineer algorithmic preference across systems that:

  • Use artificial intelligence for content discovery
  • Employ machine learning for recommendations
  • Utilize knowledge graphs for entity recognition
  • Generate answers through large language models
  • Mediate user discovery through algorithmic curation

Platform Coverage Evolution:

We optimize for commercially significant AI platforms based on market relevance, technical accessibility, and client objectives. Platform coverage may change as:

  • New platforms achieve market significance
  • Existing platforms modify access policies
  • Technical integration opportunities evolve
  • Client needs and industry standards shift

We reserve the right to:

  • Add new platform optimizations to our Services
  • Discontinue optimization for platforms that become obsolete, technically inaccessible, or commercially irrelevant
  • Adjust methodologies as platform algorithms evolve
  • Prioritize platforms based on client industry and objectives

Clients will be notified of significant platform coverage changes that materially affect contracted Services.

No refunds or service credits are provided for:

  • Platform algorithm changes beyond our control
  • Platform policy modifications that restrict optimization
  • Market shifts that reduce platform relevance
  • Emergence of superior alternative platforms

1.3 SERVICE TIERS

A. Standard Services

Standard Services are provided on a month-to-month or annual subscription basis without specific outcome commitments. Clients receive:

  • Professional execution of our methodology
  • Technical implementation quality and documentation
  • Adherence to current platform guidelines and best practices
  • Strategic recommendations based on current algorithmic understanding
  • Ongoing monitoring and optimization efforts

Standard Services do NOT include Performance Commitment guarantees.

B. Performance Commitment Services

Performance Commitment engagements are available to qualified clients who meet eligibility requirements and include our commitment to achieve specified success criteria within an 18-24 month engagement period.

Eligibility Requirements:

Performance Commitment is available ONLY to clients who meet ALL of the following qualifying criteria:

  1. Successfully complete our Digital Authority Risk Assessment with a sufficient assessment result
  2. Commit to a minimum 18-24 month engagement period with continuous active participation
  3. Maintain an active subscription throughout the commitment period
  4. Operate in an industry/vertical we have determined is technically feasible for algorithmic authority establishment
  5. Provide timely access to necessary technical infrastructure, content, and approval processes
  6. Implement our technical recommendations within agreed timelines
  7. Not be subject to existing platform penalties, restrictions, or violations
  8. Maintain content and business practices consistent with platform guidelines throughout engagement

Performance Commitment Terms:

For clients meeting ALL eligibility requirements above, Big House Enterprise commits to achieving measurable algorithmic authority establishment within the 18-24 month engagement period.

“Algorithmic Authority Establishment” is defined as achieving at least THREE of the following five outcomes:

  1. Entity recognition in Google Knowledge Graph (KGMID establishment)
  2. Consistent citations in AI platform responses (ChatGPT, Claude, Perplexity, or Gemini) for relevant industry queries
  3. Verified structured data acceptance across major platforms
  4. Measurable improvement in AI visibility metrics (documented baseline to endpoint comparison)
  5. Third-party authority signal establishment across numerous high-trust platforms

Success Rate: Based on historical data, 90% of qualified clients achieve this standard within the commitment period.

What IS NOT Guaranteed:

Even for qualified clients, we do not guarantee:

  • Knowledge Panel creation (Google controls approval)
  • Specific ranking positions in any platform
  • Particular citation frequency or placement
  • Specific business outcomes (traffic, leads, revenue)
  • Immunity from platform algorithm changes
  • Permanent or irreversible results

The 10% of qualified clients who do not achieve the Performance Commitment standard typically face circumstances including:

  • Major platform policy changes during engagement period
  • Highly competitive algorithmic environments
  • Industry-specific technical limitations
  • Client implementation delays or non-compliance
  • Unforeseen platform restrictions

Qualification Process:

Potential clients must complete our assessment process BEFORE Performance Commitment applies:

Phase 1: Digital Authority Risk Assessment (complimentary)

  • Technical infrastructure analysis
  • Competitive landscape evaluation
  • Platform compliance review
  • Readiness Score calculation

Phase 2: Feasibility Determination

  • We provide written assessment of likelihood of success
  • Client receives candid evaluation: Qualified/Not Qualified/Borderline
  • Only “Qualified” clients are eligible for Performance Commitment

Phase 3: Commitment Agreement

  • Specific success criteria documented
  • 18-24 month timeline established
  • Client responsibilities defined
  • Performance Commitment activated

Remedies for Non-Performance:

If a qualified client does NOT achieve the Performance Commitment standard within the agreed timeline, AND has fulfilled all client responsibilities, the client may elect ONE of the following remedies:

Option A: Partial Refund

  • 25% cash refund of fees paid in last 12 months of engagement
  • Refund to original payment method
  • Processed within 30 days of expert determination
  • No further services or obligations

Option B: Extended Engagement

  • Continue services at 50% of standard rate
  • 6-12 month extension (our discretion based on criteria gap)
  • Work toward achieving remaining criteria
  • No cash refund (25% credit applied to extended services)
  • If criteria achieved during extension, client gets perpetual access

Option C: Documented Transition

  • Comprehensive documentation of all work performed
  • Analysis of why criteria were not met
  • Recommendations for alternative approaches or next provider
  • Technical specifications of implementations created
  • PLUS 25% cash refund of last 12 months fee

Client must provide written notice within 30 days of timeline completion to elect remedy.

Client Responsibilities for Performance Commitment:

Performance Commitment is VOID if client fails to:

  • Respond to technical requests within 10 business days
  • Implement approved recommendations within agreed timelines
  • Maintain platform guideline compliance
  • Provide accurate information during qualification process
  • Maintain continuous active subscription
  • Participate in quarterly strategy reviews
  • Maintain technical infrastructure access

Any material breach of client responsibilities terminates the Performance Commitment, though Services may continue under standard terms.

1.4 ALGORITHMIC ENVIRONMENT AND SERVICE LIMITATIONS

Client acknowledges and agrees to the following fundamental characteristics of AI algorithmic optimization:

A. Rapidly Evolving Technology

The AI and algorithmic search ecosystem changes continuously and unpredictably. Platforms including but not limited to Google, OpenAI, Anthropic, Perplexity, and others regularly modify their:

  • Algorithms and ranking factors
  • Content selection criteria
  • Citation and recommendation mechanisms
  • Data requirements and structured data standards
  • Access policies and API capabilities
  • Feature availability and product offerings

These changes occur without notice and are entirely outside Big House Enterprise’s control.

B. Third-Party Platform Dependency

All Services depend on the policies, algorithms, and technical infrastructure of third-party platforms that we do not own, operate, or control. These platforms may:

  • Change requirements for entity recognition
  • Modify or eliminate features (e.g., Knowledge Panels)
  • Restrict or terminate access to optimization capabilities
  • Implement new guidelines that supersede previous best practices
  • Penalize or delist content that previously performed well

C. No Guaranteed Outcomes

Due to the dynamic nature of AI systems, Big House Enterprise does not and cannot guarantee:

Specific algorithmic results including but not limited to:

  • Knowledge Panel creation or maintenance
  • Search ranking positions
  • AI citation frequency or placement
  • Recommendation rates across platforms
  • Entity recognition by specific systems

Consistency of results over time, even when our technical implementation remains unchanged

Specific business outcomes including:

  • Traffic increases
  • Lead generation volume
  • Revenue growth
  • Competitive ranking improvements
  • Market share changes

Platform compliance or acceptance of optimizations that comply with current documented standards

D. Methodology vs. Results

Big House Enterprise provides professional services utilizing our proprietary AI Authority Method and industry-leading technical expertise. We guarantee:

  • ✓ Professional execution of our methodology
  • ✓ Technical implementation quality and documentation
  • ✓ Adherence to current platform guidelines and best practices
  • ✓ Strategic recommendations based on current algorithmic understanding
  • ✓ Ongoing monitoring and optimization efforts

We do NOT guarantee results produced by third-party algorithms responding to these implementations.

E. Historical Performance Not Indicative

Any case studies, success rates, performance metrics, or client results discussed in marketing materials, presentations, or consultations represent historical outcomes under previous algorithmic conditions and do not guarantee future results.

Past performance does not predict future outcomes in rapidly evolving AI systems.

F. Client Risk Acknowledgment

By engaging our Services, Client explicitly acknowledges that:

  • Algorithmic optimization is inherently uncertain
  • Investment in these services carries risk of non-performance due to factors beyond our control
  • Results may vary significantly between clients, industries, and time periods
  • Continued investment may be required as platforms evolve
  • Previously successful optimizations may become ineffective due to algorithmic changes

Client accepts these risks and agrees that Big House Enterprise’s liability is limited to the quality of our professional services, not the outcomes produced by third-party algorithms.

G. Adaptation and Evolution

We commit to:

  • Monitoring platform changes and algorithmic updates
  • Adapting our methodology as the ecosystem evolves
  • Informing clients of significant changes affecting their optimizations
  • Providing updated recommendations when platforms shift

However, our ability to maintain effectiveness depends on platforms maintaining reasonable technical accessibility and not implementing changes that fundamentally prevent optimization activities.

H. No Platform Relationship

Big House Enterprise is an independent service provider. We have no special relationship with, inside information from, or guaranteed access to Google, OpenAI, Anthropic, Perplexity, or any other platform. Our expertise is based on:

  • Technical analysis of publicly available information
  • Reverse engineering of algorithmic behavior
  • Industry research and testing
  • Professional experience and methodology development

We cannot influence platform decisions, policy changes, or algorithmic modifications.

2. DISPUTE RESOLUTION AND ARBITRATION

2.1 INFORMAL RESOLUTION REQUIREMENT (30 Days)

Before initiating formal dispute resolution, parties agree to attempt good faith resolution through direct consultation.

Either party may initiate by written notice to:

  • For Client: email address on file
  • For Company: contact@bighouseenterprise.com

Notice must describe:

  • Nature of the dispute
  • Specific relief sought
  • Basis for the claim

Parties will consult in good faith for thirty (30) days. Senior representatives with settlement authority will participate.

This requirement does not prevent emergency injunctive relief when necessary to prevent irreparable harm to intellectual property or confidential information.

If unresolved after 30 days, either party may proceed to arbitration per Section 2.2.

2.2 BINDING ARBITRATION (Mandatory)

YOU AGREE THAT ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO A COURT TRIAL OR JURY TRIAL.

A. Arbitration Administration

  • American Arbitration Association (AAA)
  • AAA Commercial Arbitration Rules apply
  • Single arbitrator with relevant technology/marketing industry experience
  • Federal Arbitration Act governs interpretation and enforcement

B. Arbitration Location

  • Des Moines, Iowa unless parties mutually agree otherwise
  • For claims under $10,000: telephonic or document-based arbitration at Client option
  • For claims over $10,000: in-person hearing available

C. Arbitration Costs

  • Claims under $10,000: Company pays all AAA filing and arbitrator fees
  • Claims $10,000-$50,000: Fees allocated per AAA rules
  • Claims over $50,000: Each party pays own fees
  • Prevailing party may be awarded reasonable attorneys’ fees at arbitrator’s discretion

D. Arbitrator Authority

  • Arbitrator bound by terms of this Agreement
  • May award any relief available under law
  • Award must include written reasoning
  • Award is final and binding (limited appeal rights under FAA)
  • Judgment on award may be entered in any court of competent jurisdiction

E. Rules of Evidence and Discovery

  • Arbitrator determines discovery scope (generally limited)
  • Formal rules of evidence do not apply
  • Arbitrator may require document production and depositions as reasonably necessary
  • Each party limited to one fact witness deposition and one expert witness deposition unless arbitrator approves additional

2.3 CLASS ACTION AND JURY TRIAL WAIVER

YOU AND COMPANY AGREE:

  • All claims must be brought in individual capacity only
  • No class arbitration, class action, or consolidated proceeding
  • No representative action on behalf of others
  • No joining or consolidating claims with other parties
  • WAIVER OF RIGHT TO JURY TRIAL for any dispute
  • Arbitrator may not award relief to anyone other than individual claimant
  • Arbitrator may not consolidate or join multiple parties’ claims

If class action waiver is found invalid, entire arbitration provision is void and disputes proceed in court per Section 2.7.

2.4 OPT-OUT RIGHT (30 Days)

You may opt out of binding arbitration by sending written notice to: contact@bighouseenterprise.com

Within thirty (30) days of accepting this Agreement.

Opt-out notice must include:

  • Your name
  • Company name (if applicable)
  • Date you accepted Agreement
  • Clear statement: “I opt out of the arbitration provision”

If you opt out:

  • Disputes resolved in court per Section 2.7
  • All other Agreement terms remain in effect
  • Opt-out is permanent and irrevocable for this Agreement

If you do not opt out within 30 days, you agree to arbitration.

2.5 PERFORMANCE COMMITMENT EXPEDITED RESOLUTION

Disputes solely regarding whether Performance Commitment success criteria were objectively met shall follow this expedited process BEFORE arbitration:

A. Client must provide written notice of alleged non-performance within thirty (30) days of commitment period end date

B. Either party may request independent expert technical review:

  • Expert selected by mutual agreement within 15 days
  • If no agreement, AAA appoints qualified expert
  • Expert evaluates whether success criteria objectively met
  • Expert provides written determination within 30 days
  • Expert’s factual findings are binding
  • Costs split equally

C. If expert confirms non-performance:

  • Client entitled to Performance Commitment remedies (Section 1.3)
  • No arbitration necessary unless remedy implementation disputed
  • Expert costs split equally

D. If expert confirms performance met:

  • Company released from Performance Commitment obligations
  • Client bears all expert costs
  • No arbitration regarding Performance Commitment

E. Either party may arbitrate expert’s determination only on basis of:

  • Fraud or corruption
  • Manifest disregard of success criteria definitions
  • Exceeding scope of authority

Failure to provide timely notice per (A) waives all Performance Commitment remedies permanently.

2.6 STATUTE OF LIMITATIONS

Any claim arising from this Agreement must be filed within ONE (1) YEAR after the claim accrues, except:

  • Performance Commitment claims: 30 days notice + 60 days to initiate expert process (per Section 2.5)
  • IP infringement: Statutory limitations apply (cannot be shortened)
  • Confidentiality breach: One (1) year from discovery of breach

“Accrues” means when you knew or reasonably should have known of the facts giving rise to the claim, regardless of when you discovered legal basis.

After applicable deadline, all claims are permanently barred.

2.7 JURISDICTION AND VENUE (If Arbitration Opted Out)

If you opt out of arbitration per Section 2.4, disputes shall be resolved exclusively in:

  • State or federal courts located in Polk County, Iowa
  • Governing law: Iowa law without conflict of law provisions
  • WAIVER OF JURY TRIAL (even if arbitration opted out)
  • No class actions permitted
  • Prevailing party entitled to reasonable attorneys’ fees
  • One (1) year statute of limitations applies

2.8 INTELLECTUAL PROPERTY EXCEPTION

Either party may seek injunctive relief in any court of competent jurisdiction for:

  • Unauthorized use of proprietary methodologies or trade secrets
  • Infringement of trademarks or copyrights
  • Breach of confidentiality obligations
  • Misappropriation of intellectual property

Such relief may be sought WITHOUT prior informal resolution or arbitration when immediate action necessary to prevent irreparable harm.

Parties may pursue both injunctive relief and arbitration simultaneously for related claims.

2.9 SMALL CLAIMS COURT EXCEPTION

Either party may bring individual claim in small claims court if:

  • Claim amount within small claims court jurisdiction
  • Claim brought in proper small claims venue
  • Claim remains in small claims court (not removed/appealed)

Small claims filing does not waive arbitration for other disputes.

2.10 MODIFICATIONS TO ARBITRATION PROVISION

If we modify this arbitration provision, the modified version applies only to claims arising from events occurring after the modification effective date.

Claims arising from events before the modification remain subject to the arbitration provision in effect when the event occurred.

We will notify you of arbitration provision changes at least thirty (30) days before effective date via email or account notice.

2.11 SURVIVAL

This dispute resolution provision survives:

  • Termination of Agreement
  • Cancellation of Services
  • Expiration of subscription
  • Dissolution of business relationship

Any dispute arising from the relationship remains subject to these terms.

2.12 SEVERABILITY

If any part of this dispute resolution provision is found invalid or unenforceable:

  • Class action waiver invalidity: Entire arbitration provision void, disputes proceed in court
  • Other invalidity: Remaining provisions stay in effect to maximum extent possible
  • Invalid portions reformed to nearest valid interpretation

3. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY

3.1 SERVICES PROVIDED “AS IS”

EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SERVICES (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; OR (D) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

3.2 NO GUARANTEE OF BUSINESS RESULTS OR ALGORITHMIC OUTCOMES

We do not provide you with any promises that your business will reach any key performance indicators or any other results as a consequence of the provision of our Services to you, including those described on the Website, in marketing materials, presentations, or discussed during consultations with us.

We do not and cannot warrant or guarantee:

A. Platform Responses

  • Knowledge Panel creation, maintenance, or approval by any platform
  • Search engine rankings or positions
  • AI platform citation rates or recommendation frequency
  • Entity recognition by any specific system
  • Acceptance of structured data
  • Compliance with platform requirements (which change frequently)

B. Business Outcomes

  • Traffic increases, visitor volume, or engagement metrics
  • Lead generation, conversion rates, or customer acquisition
  • Revenue growth, ROI, or profit improvements
  • Competitive ranking improvements or market share changes
  • Any specific business results or performance metrics

C. Consistency or Permanence

  • Continued effectiveness of optimizations over time
  • Immunity from algorithm changes or platform updates
  • Permanent or irreversible results
  • Protection from competitive displacement
  • Maintenance of any achieved positions or recognition

3.3 CLIENT RESPONSIBILITY AND RISK ACKNOWLEDGMENT

By accessing our Services and executing this Agreement, you declare and confirm that you are duly informed, aware of, and have no claims, demands, or objections regarding the following:

A. Services Depend on Third-Party Platforms

All algorithmic optimization services depend on platforms we do not own, operate, or control, including but not limited to Google, OpenAI, Anthropic, Perplexity, and other AI systems. These platforms:

  • Change algorithms and ranking factors without notice
  • Modify policies and requirements unpredictably and frequently
  • May restrict, limit, or eliminate optimization opportunities
  • Make independent decisions about content recognition and citations
  • Operate using proprietary systems to which we have no special access

We have no special relationship with, inside information from, or guaranteed access to any third-party platform. Our expertise is based on technical analysis, industry research, and professional experience.

B. Business Activity Conducted at Your Own Risk

Any of your business activity is conducted at your own risk and all results of the provision of our Services are implemented solely at your own discretion and under your sole responsibility.

You are solely responsible for:

  • Evaluating our recommendations before implementation
  • Determining appropriateness for your specific business
  • Compliance with applicable laws, regulations, and platform terms
  • Consequences of implementing our technical work and strategic advice
  • Business decisions based on our professional services
  • Monitoring and maintaining compliance with platform guidelines

C. Rapidly Evolving Technology Environment

The AI and algorithmic search ecosystem changes continuously and unpredictably. Techniques and optimizations effective today may become obsolete, prohibited, or ineffective tomorrow due to platform algorithm updates, policy changes, or competitive developments.

You accept this inherent uncertainty and volatility as fundamental characteristics of algorithmic optimization services.

D. No Guarantee of Competitive Advantage

Competitors may implement similar or superior optimizations. Market dynamics, competitive actions, industry changes, and platform evolution affect outcomes beyond our control. We do not guarantee any competitive positioning advantage.

E. Historical Performance Not Indicative of Future Results

Any case studies, testimonials, success rates, performance metrics, or client results discussed in marketing materials, presentations, on our Website, or during consultations represent historical outcomes achieved under previous algorithmic conditions and do not guarantee future results.

Past performance does not predict future outcomes in rapidly evolving AI systems. Your results may vary significantly based on numerous factors including industry competitiveness, existing authority levels, content quality, budget, timeline, platform changes, and market conditions.

3.4 PERFORMANCE COMMITMENT QUALIFIED WARRANTY

For clients engaged under Performance Commitment terms (Section 1.3), the following ADDITIONAL limited warranty applies:

A. If Client meets ALL eligibility requirements and fulfills all Client responsibilities as specified in the Performance Commitment section, we commit to achieving the defined success criteria (3 of 5 specified outcomes) within the 18-24 month commitment period.

B. Client’s EXCLUSIVE remedies for Performance Commitment non-performance are those specified in Section 1.3:

  • Partial refund (25% of last 12 months), OR
  • Extended engagement at reduced rates, OR
  • Documented transition assistance

C. Performance Commitment warranty is VOID if Client fails eligibility requirements or Client responsibilities, or if force majeure conditions prevent performance.

D. Performance Commitment remedies are EXCLUSIVE. Client may not pursue any other damages, claims, or relief for Performance Commitment non-performance beyond the specified remedies.

3.5 LIMITATION OF LIABILITY

A. Standard Services Liability Cap (No Performance Commitment)

For Standard Services without Performance Commitment, WITH THE EXCEPTION OF ANY INDEMNIFICATION OBLIGATIONS STATED HEREIN, IN NO EVENT WILL EITHER PARTY AND ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO STANDARD SERVICES IS LIMITED TO THE GREATER OF:

  1. FIFTY DOLLARS (US $50), OR
  2. THE AGGREGATE AMOUNT YOU HAVE PAID TO US UNDER THIS AGREEMENT WITHIN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT THE APPLICABLE CAUSE OF ACTION ARISES.

B. Performance Commitment Engagement Liability Cap

For Performance Commitment engagements, WITH THE EXCEPTION OF ANY INDEMNIFICATION OBLIGATIONS STATED HEREIN, IN NO EVENT WILL EITHER PARTY AND ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO PERFORMANCE COMMITMENT ENGAGEMENTS IS LIMITED TO THE GREATER OF:

  1. FIVE THOUSAND DOLLARS (US $5,000), OR
  2. THE AGGREGATE AMOUNT YOU HAVE PAID TO US UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT THE APPLICABLE CAUSE OF ACTION ARISES.

PROVIDED HOWEVER, that Performance Commitment remedies (extended services at reduced rates, fee credits, or partial refunds as specified in Section 1.3) are the EXCLUSIVE remedies for Performance Commitment non-performance and are NOT SUBJECT TO and DO NOT COUNT AGAINST the liability cap in this subsection (B).

Performance Commitment remedies address Performance Commitment non-performance only. For all other claims arising from Performance Commitment engagements (including but not limited to professional negligence, breach of confidentiality, data security incidents, or any claims other than Performance Commitment non-performance), the liability cap in subsection (B) above applies.

C. Complimentary Services, Assessments, and Trial Programs

NOTWITHSTANDING THE FOREGOING, OUR MAXIMUM LIABILITY WITH RESPECT TO COMPLIMENTARY SERVICES, FREE ASSESSMENTS, TRIAL PROGRAMS, BETA VERSIONS, AND ANY UNPAID SERVICES IS FIFTY DOLLARS (US $50) TOTAL.

D. Exclusion of Consequential and Related Damages

IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This exclusion applies to all service types (Standard Services, Performance Commitment engagements, and complimentary services).

THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

E. Carve-Outs from Liability Caps

The liability limitations in subsections (A), (B), and (C) DO NOT limit or affect:

  • Your payment obligations under this Agreement (fees owed remain due)
  • Your indemnification obligations under Section 3.6
  • Either party’s liability for gross negligence or willful misconduct
  • Either party’s liability for breach of confidentiality obligations (Section 4.8)
  • Either party’s liability for intellectual property infringement
  • Either party’s liability for fraud or fraudulent misrepresentation
  • Liabilities that cannot be limited or excluded under applicable law

F. Essential Terms and Risk Allocation

YOU UNDERSTAND AND AGREE THAT IF YOU DO NOT AGREE TO THESE LIABILITY LIMITATIONS, WE WOULD NOT PROVIDE THE SERVICES TO YOU AT CURRENT PRICING. THE FEES CHARGED REFLECT THIS ALLOCATION OF RISK.

These limitations apply even if any limited remedy fails of its essential purpose.

G. Time Limit for Claims

ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FIRST ARISES.

For Performance Commitment non-performance claims specifically, the one-year period begins on the end date of the commitment period (18-24 months), and Client must provide written notice within thirty (30) days of commitment period end as specified in Section 2.5.

THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

3.6 INDEMNIFICATION

A. Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Big House Enterprise, and its subsidiaries, affiliates, partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your use, non-use, or misuse of the Services
  2. Your breach or alleged breach of this Agreement
  3. Your violation of any applicable law or regulation
  4. Your violation of any rights, including intellectual property rights, of a third party
  5. Your Content, data, or materials provided to us
  6. Your implementation of our recommendations or technical work
  7. Claims by your customers, partners, or other third parties arising from your use of the Services
  8. Your violation of any third-party platform terms of service
  9. Any misrepresentation made by you during onboarding, qualification, or throughout the engagement

B. Defense and Control

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

You agree not to settle any matter without our prior written consent.

We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

C. Our Indemnification Obligations

We agree to indemnify, defend, and hold you harmless from any third-party claim that our Services, when used in accordance with this Agreement, infringe or misappropriate such third party’s intellectual property rights, provided that:

  1. You promptly notify us in writing of the claim
  2. We have sole control of the defense and settlement of the claim
  3. You provide reasonable cooperation in the defense

If Services become, or in our opinion are likely to become, the subject of an infringement claim, we may at our option:

  • Procure the right for you to continue using the Services
  • Replace or modify the Services to make them non-infringing; or
  • Terminate the affected Services and refund prepaid fees for the terminated portion

This Section states our entire liability and your exclusive remedy for intellectual property infringement claims.

3.7 THIRD-PARTY PLATFORMS AND SERVICES

A. No Control or Warranties

WE HAVE NO CONTROL OVER AND MAKE NO WARRANTIES REGARDING THIRD-PARTY PLATFORMS AND SERVICES, INCLUDING GOOGLE, OPENAI, ANTHROPIC, PERPLEXITY, OR ANY OTHER AI PLATFORM OR SEARCH ENGINE.

TO THE FULLEST EXTENT PERMITTED BY LAW:

  1. WE MAKE NO WARRANTY REGARDING THE CONTENT, OPERATION, OR FUNCTIONALITY OF SUCH THIRD-PARTY PLATFORMS
  2. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY PLATFORM’S USE OF YOUR DATA OR CONTENT
  3. WE DO NOT GUARANTEE THAT THE SERVICES WILL INTEROPERATE WITH ANY PARTICULAR THIRD-PARTY PLATFORM
  4. OUR SUPPORT OBLIGATIONS SHALL NOT EXTEND TO ANY THIRD-PARTY PLATFORMS OR SERVICES

B. Platform Changes and Restrictions

We are not liable for and disclaim all responsibility for:

  • Platform algorithm updates, changes, or modifications
  • Platform policy changes that affect optimization techniques
  • Platform feature eliminations, restrictions, or modifications
  • Platform access denials, suspensions, or terminations
  • Platform penalties, sanctions, or actions against your properties
  • Platform business decisions or changes in terms of service
  • Platform data breaches, outages, or technical failures

C. Disclaimer of Liability

WE AND OUR AFFILIATES DISCLAIM ANY LIABILITY, REPRESENTATIONS, OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY SERVICES AND PLATFORMS THAT YOU USE AND FOR ANY CLAIM ARISING OUT OF OUR PROVISION OF RECOMMENDATIONS REGARDING THIRD-PARTY PLATFORMS.

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY SERVICES PROVIDED BY ANY THIRD PARTIES OTHER THAN BIG HOUSE ENTERPRISE. YOU ALSO AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH THIRD-PARTY PLATFORMS.

3.8 FORCE MAJEURE AND SERVICE MODIFICATIONS

A. Force Majeure

We shall not be liable for failure or delay of performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to:

  • Third-party platform changes, restrictions, or failures
  • Acts of God, natural disasters, pandemics, or epidemics
  • War, terrorism, civil unrest, or governmental action
  • Internet, telecommunications, or communications failures
  • Platform outages, API restrictions, or access denials
  • Cyber-attacks, ransomware, malware, or data breaches
  • Labor conditions, strikes, or work stoppages
  • Power failures or utility interruptions
  • Fundamental algorithm changes that prevent optimization

B. Service Modifications

We reserve the right to modify, suspend, or discontinue the Services, or any portion thereof, with or without notice at any time and for any reason, including but not limited to platform policy changes or technical limitations.

WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES, LIABILITIES, LOSSES, OR ANY OTHER CONSEQUENCES THAT YOU MAY INCUR AS A RESULT OF ANY SUCH MODIFICATION, SUSPENSION, OR DISCONTINUANCE.

3.9 ALLOCATION OF RISK

YOU ACKNOWLEDGE THAT:

  • The fees charged reflect the allocation of risk in this Agreement
  • The warranty disclaimers and liability limitations are essential elements of the bargain between you and Big House Enterprise
  • We would not provide Services at current pricing without these limitations
  • These limitations apply even if any limited remedy fails of its essential purpose
  • You have had the opportunity to review these terms and consult with legal counsel before accepting

If you require different warranty terms, higher liability limits, or custom insurance requirements, contact us for custom enterprise pricing and separate negotiated terms.

3.10 SURVIVAL

The warranty disclaimers and liability limitations in this Section survive:

  • Termination or expiration of this Agreement
  • Completion or cancellation of Services
  • Payment of all fees
  • Resolution of any disputes

All claims remain subject to the one (1) year statute of limitations in Section 3.5(G).

4. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSES

4.1 BIG HOUSE ENTERPRISE OWNERSHIP – ALL RIGHTS RESERVED

A. Complete Ownership of All Intellectual Property

Big House Enterprise owns and retains ALL right, title, and interest in and to ALL intellectual property created, developed, or used in connection with the Services, including but not limited to:

(i) Proprietary Methodologies and Processes

  • The AI Authority Method
  • Digital Authority Risk Assessment and all diagnostic tools
  • Technical processes, frameworks, and analytical methods
  • Strategic planning frameworks and optimization approaches
  • All improvements, enhancements, and derivatives thereof

(ii) Technology, Software, and Plugins

  • All plugins, software, code, and scripts we install or deploy
  • All APIs, tools, and technical infrastructure we use
  • All databases, algorithms, and data processing systems
  • All modifications, updates, and enhancements to technology
  • All source code, object code, and related documentation

(iii) Structured Data and Technical Implementations

  • ALL structured data we create, develop, or implement
  • ALL Knowledge Graph optimizations we engineer
  • ALL entity relationship mappings we establish
  • ALL technical configurations we implement

This ownership applies REGARDLESS of where the structured data is installed (client’s website, third-party platforms, etc.). Installation on client’s property does NOT transfer ownership to client.

(iv) Strategic Insights and Analysis

  • ALL strategic recommendations we develop
  • ALL competitive analysis we perform
  • ALL industry insights we derive
  • ALL algorithmic assessments we create
  • ALL performance reports and analytics we generate
  • ALL documentation we author

These materials are our proprietary work product even when they analyze client’s specific business or competitive position.

(v) Improvements and Discoveries

  • ALL improvements to our methodology discovered during engagement
  • ALL new techniques or approaches we develop
  • ALL process enhancements we create
  • ALL innovations we conceive while performing Services

This applies even if improvements are discovered while working on client’s specific engagement or using client’s data.

(vi) Templates, Frameworks, and Reusable Components

  • ALL templates we use or create
  • ALL frameworks and structures we employ
  • ALL reusable components and building blocks
  • ALL standard implementations and configurations

(vii) Data and Analytics

  • ALL data we collect, process, or analyze
  • ALL benchmarking data and performance metrics
  • ALL aggregated, anonymized, or derivative data
  • ALL insights derived from client engagements (when anonymized)

B. No Transfer of Ownership

Nothing in this Agreement transfers any ownership rights to Client.

Client receives ONLY a license to use our intellectual property as specified in Section 4.3 below.

The following do NOT transfer ownership to Client:

  • Payment of fees (you pay for license, not ownership)
  • Installation on client’s website (location ≠ ownership)
  • Customization for client’s business (still our IP)
  • Termination of engagement (our IP remains ours)
  • Client’s use of deliverables (license only)

C. Reservation of Rights

Big House Enterprise reserves ALL rights not expressly granted to Client in this Agreement.

Any rights not explicitly licensed to Client are retained by Big House Enterprise, including but not limited to:

  • Right to modify, improve, or discontinue any IP
  • Right to license same IP to other clients (including competitors)
  • Right to create derivative works
  • Right to commercialize, sell, or distribute IP
  • Right to use IP for any business purpose
  • Right to patent, copyright, or trademark IP

4.2 API-BASED DELIVERY AND TECHNICAL ENFORCEMENT

A. Plugin and API Architecture

Our Services are delivered through a proprietary API-based plugin system that operates as follows:

  • Client installs our API plugin on Client’s website or properties
  • Plugin connects to Big House Enterprise servers via unique API key
  • Structured data, and technical implementations are delivered dynamically from our servers through the API
  • Implementations are rendered on Client’s site but stored and controlled by our systems
  • Client’s website displays our implementations but does not possess or store the underlying intellectual property

B. We Retain Complete Control

Big House Enterprise retains complete technical and legal control over:

  • API infrastructure and delivery systems
  • All structured data and technical implementations
  • All updates, modifications, and enhancements
  • API keys and access credentials
  • Plugin functionality and features

Client has NO ownership, control, or possession of these systems or the intellectual property they deliver.

C. No Local Storage or Possession

Client acknowledges and agrees that:

  • Structured data is NOT stored on Client’s servers
  • Implementations are delivered in real-time via API
  • Client does not possess source code or underlying IP
  • Client cannot access, copy, or extract our IP from the plugin
  • Plugin is merely a conduit for accessing our proprietary systems

Client receives access rights only, not possession or ownership.

D. Technical Enforcement of License Termination

Upon termination, cancellation, non-payment, or breach:

  • We will immediately revoke Client’s API key
  • Plugin will cease functioning automatically
  • All implementations delivered via API will stop rendering
  • Structured data will no longer display
  • Client’s website returns to pre-implementation state

Client acknowledges that this technical enforcement is:

  • Automatic and immediate (no notice required)
  • Our right to implement at our sole discretion
  • Not a breach of this Agreement (it’s contractual right)
  • Final (no obligation to restore access)

E. Client Responsibilities

Client agrees to:

  • Maintain plugin installation in unmodified state
  • Not attempt to bypass, disable, or circumvent API authentication
  • Not reverse engineer plugin or API communication protocols
  • Not cache, store, or copy implementations delivered via API
  • Not attempt to maintain access after license termination
  • Remove plugin from website upon termination if requested

Violation of these responsibilities is material breach and copyright infringement.

F. No Obligation to Maintain Functionality

We have no obligation to:

  • Maintain API availability for terminated clients
  • Provide access to implementations after termination
  • Supply copies of structured data or implementations
  • Assist Client in replicating our IP after termination
  • Transition Client to alternative providers

Client acknowledges complete dependency on our API infrastructure and accepts risk of service termination.

CLIENT ACKNOWLEDGES AND ACCEPTS:

  • Complete dependency on our API infrastructure
  • Immediate loss of all structured data and implementations upon API revocation
  • Potential negative impact on search engine rankings
  • Possible loss of Knowledge Panel or entity recognition
  • Business disruption from sudden service termination
  • Cost and time to implement alternative solutions

Client agrees to maintain backup SEO strategies and not rely exclusively on our Services for algorithmic visibility.

CLIENT WAIVES ANY CLAIMS for damages resulting from API key revocation that is permitted under this Agreement, including lost profits, lost rankings, lost traffic, or business interruption.

4.3 LIMITED LICENSE GRANTED TO CLIENT

A. Scope of License

Subject to Client’s compliance with this Agreement and payment of all fees when due, Big House Enterprise grants Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our intellectual property installed on or provided to Client’s properties solely for Client’s internal business operations.

This license permits Client to:

  • Maintain structured data and technical implementations we installed on Client’s website in their current form
  • View and reference strategic documentation we provided
  • Access performance reports and analytics we generate during active engagement
  • Use plugins and tools we deploy while Services are active

B. License Restrictions

Client may NOT:

  • Modify, adapt, translate, or create derivative works from our IP
  • Reverse engineer, decompile, or disassemble our technology
  • Remove, alter, or obscure any proprietary notices or attribution
  • Copy, reproduce, or duplicate our IP (except as necessary for permitted use)
  • Distribute, sell, lease, rent, or sublicense our IP
  • Use our IP to create competing products or services
  • Share our methodologies, processes, or techniques with third parties
  • Extract our IP to use as standalone tools or services
  • Transfer our IP to any third party
  • Use our IP for any purpose other than Client’s internal operations

C. License Term and Automatic Termination

This license continues only while:

  • Client maintains active, paid subscription, AND
  • Client’s API key remains active and valid

License terminates AUTOMATICALLY AND IMMEDIATELY upon:

  • Non-payment of fees (past due by 10 days)
  • Termination or cancellation of Services
  • Material breach of this Agreement
  • Our revocation of API key for any permitted reason
  • Expiration of subscription or commitment period (if not renewed)

Upon license termination:

TECHNICAL ENFORCEMENT (Automatic):

  • API key revoked immediately
  • Plugin ceases functioning automatically
  • All implementations stop rendering on Client’s site
  • Structured data delivered via API no longer displays

CLIENT OBLIGATIONS (Required):

  • Client must cease any and all use of licensed IP
  • Client must uninstall plugin if requested
  • Client must return or destroy all documentation and materials
  • Client may NOT attempt to recreate, replicate, or maintain our implementations

EXCEPTION FOR PERFORMANCE COMMITMENT:

Clients who complete Performance Commitment engagement and achieve success criteria receive perpetual API access for implementations created during their commitment period (unless terminated for cause).

This perpetual access does NOT include:

  • Ongoing updates or improvements
  • New features or enhancements
  • Support or maintenance
  • Right to modify implementations

D. Revocability

This license is REVOCABLE at our discretion if:

  • Client breaches this Agreement
  • Client fails to pay fees when due
  • Client misuses our IP or violates license restrictions
  • Client competes with our business using our IP
  • Client discloses our confidential information

We may revoke license immediately upon written notice without refund of fees paid.

E. API Key Management and Security

(i) API Key is Licensed Access Credential

The API key we provide is a license credential, not property.

Client acknowledges:

  • API key grants access to our proprietary systems
  • API key does not convey ownership of accessed IP
  • We may revoke API key at our sole discretion
  • API key is non-transferable and client-specific

(ii) Client API Key Responsibilities

Client must:

  • Maintain API key confidentiality and security
  • Not share API key with unauthorized parties
  • Not use API key beyond licensed scope
  • Notify us immediately of any unauthorized use
  • Not use API key after license termination

(iii) We May Revoke API Key For:

  • Non-payment (10+ days past due)
  • Breach of Agreement terms
  • Misuse of API or attempts to circumvent limitations
  • Security concerns or unauthorized access
  • Serving competing services using our API
  • Any reason permitted under this Agreement
  • Our business decision to discontinue Client relationship

(iv) No Liability for Revocation

We have NO liability for:

  • Service disruption from API key revocation
  • Business losses from implementation removal
  • Costs to implement alternative solutions
  • Damage to Client’s website or SEO from sudden removal

Client accepts these risks by using API-based delivery system.

(v) Rate Limiting and Usage Restrictions

API usage is subject to:

  • Rate limits and call volume restrictions
  • Fair use policies we establish
  • Technical limitations of our infrastructure
  • Service tier limitations based on subscription

Excessive API usage may result in throttling, additional fees, or service suspension.

4.4 CLIENT CONTENT AND MATERIALS

A. Client Retains Ownership

Client retains all right, title, and interest in:

  • Client’s business information and data provided to us
  • Client’s pre-existing intellectual property
  • Client’s trademarks, brand assets, and logos
  • Client’s website content (text, images, videos)
  • Client’s domain names and online properties

B. License to Big House Enterprise

Client grants us a limited, non-exclusive, royalty-free license to:

  • Access and analyze Client’s business information
  • Use Client’s content to create our proprietary implementations
  • Reference Client’s brand in implementations on Client’s properties
  • Store and process Client’s data to perform Services

This license terminates upon completion of Services, except we may retain anonymized/aggregated data per Section 4.1(A)(vii).

C. No Claim to Our Derivative Works

Client acknowledges that when we use Client’s information to create structured data, strategic analysis, or other deliverables, those derivative works belong to Big House Enterprise, not Client.

4.5 FEEDBACK AND SUGGESTIONS

A. All Feedback Becomes Our Property

Any ideas, suggestions, comments, improvements, recommendations, or other feedback Client provides regarding our Services, methodologies, technology, or business (“Feedback”) automatically becomes Big House Enterprise’s exclusive property.

Client agrees that:

  • All Feedback is non-confidential and non-proprietary
  • We own all rights to Feedback without compensation to Client
  • We may use, modify, commercialize, or disregard Feedback without restriction
  • We have no obligation to implement or acknowledge Feedback
  • Client waives all claims to Feedback, including moral rights

Client hereby irrevocably assigns all worldwide rights in perpetuity to Big House Enterprise in any Feedback, whether provided verbally, in writing, or through demonstration.

B. No Compensation

Client provides Feedback voluntarily and acknowledges that no compensation, credit, or attribution is owed for Feedback, even if we incorporate it into our Services or commercialize it.

C. Improvements During Engagement

Any improvements, enhancements, or innovations we develop during Client’s engagement belong exclusively to Big House Enterprise, including:

  • New techniques discovered while working on Client’s project
  • Process improvements inspired by Client’s specific situation
  • Enhanced methodologies developed using Client’s data
  • Novel approaches created for Client’s unique challenges

We are not obligated to share these improvements with Client and may use them with other clients (including Client’s competitors).

4.6 REUSE RIGHTS

A. Right to Reuse All IP

Big House Enterprise explicitly retains the unrestricted right to reuse ALL intellectual property with other clients, including:

  • Methodologies and processes developed during Client’s engagement
  • Technical implementations and structured data patterns
  • Strategic frameworks and analytical approaches
  • Templates, tools, and reusable components
  • Insights and techniques discovered while serving Client
  • Similar or identical implementations for Client’s competitors

Client acknowledges and agrees that:

  • We serve multiple clients simultaneously
  • We may serve Client’s direct competitors
  • Competitors may receive similar or superior implementations
  • We are not obligated to provide Client with exclusive approaches
  • Our IP is reusable across our entire client base

B. No Exclusivity

Unless Client purchases exclusive rights in a separate written agreement:

  • Client receives no exclusive use of our IP
  • We may license identical IP to competitors
  • Multiple clients may have similar implementations
  • Client has no claim to exclusivity or uniqueness

C. Aggregated Knowledge Base

We build proprietary knowledge by serving multiple clients. Each engagement improves our methodology, which benefits all clients.

Client acknowledges that:

  • Insights from Client’s engagement enhance our methodology
  • Enhanced methodology is used with subsequent clients
  • Later clients benefit from earlier clients’ engagements
  • This creates a compounding competitive advantage for us
  • Client receives no compensation for contribution to our knowledge base

4.7 TRADEMARKS AND BRANDING

A. Big House Enterprise Marks

The following are trademarks or service marks of Big House Enterprise:

  • Big House Enterprise
  • The AI Authority Method
  • Digital Authority Risk Assessment
  • Knowledge Panel Readiness Score

Client may NOT use our marks without prior written permission.

B. Attribution in Implementations

We may include attribution notices in structured data documentation, or implementations we create. Client may not remove, alter, or obscure these notices.

C. Client Marks

Client grants us limited permission to use Client’s name and logo:

  • In implementations on Client’s properties (as necessary)
  • For portfolio or case studies (with prior written consent only)

We will NOT use Client’s marks to imply endorsement Client has not provided or disclose confidential engagement details.

4.8 CONFIDENTIAL INFORMATION – TRADE SECRETS

A. Our Proprietary Information is Confidential

Client acknowledges that our methodologies, processes, technical implementations, code, algorithms, and business strategies constitute valuable trade secrets and confidential information.

Client agrees to:

  • Maintain strict confidentiality indefinitely
  • Not disclose to any third party without our written consent
  • Not reverse engineer or attempt to discover our trade secrets
  • Not use our confidential information for any purpose other than receiving Services
  • Limit access to employees with legitimate need and confidentiality obligations
  • Return or destroy confidential materials upon termination

Confidentiality obligations survive termination indefinitely or until information becomes publicly available through no fault of Client.

B. No Competitive Use

Client specifically agrees NOT to:

  • Use our IP, methodologies, or insights to compete with us
  • Offer similar services using knowledge gained from engagement
  • Train employees or contractors using our proprietary processes
  • Share our approaches with other service providers
  • Create derivative products or services based on our IP

This restriction survives termination for three (3) years.

C. Strict Prohibition on Reverse Engineering

Client specifically agrees NOT to:

  • Reverse engineer, decompile, or disassemble our plugin
  • Attempt to discover API protocols or communication methods
  • Intercept, monitor, or analyze API traffic
  • Cache, store, or copy implementations delivered via API
  • Create tools to replicate our API functionality
  • Bypass API authentication or access controls
  • Attempt to recreate our structured data after access termination
  • Use browser developer tools to extract our implementations
  • Create backup copies of dynamically delivered implementations
  • Share technical details of our API with third parties

Violation of this prohibition is:

  • Material breach of this Agreement
  • Copyright infringement
  • Trade secret misappropriation
  • Computer fraud (potentially criminal)

We reserve all legal remedies including:

  • Immediate termination without refund
  • Injunctive relief
  • Damages (actual and statutory)
  • Attorneys’ fees and costs
  • Criminal referral to appropriate authorities

4.9 PLUGIN INSTALLATION AND USAGE TERMS

A. Plugin License

The Big House Enterprise API plugin is licensed software. Client receives a limited, non-exclusive, non-transferable, revocable license to install and operate the plugin solely to access our Services while subscription is active.

B. Plugin Ownership

We own all rights to the plugin including:

  • Source code and object code
  • Design, architecture, and functionality
  • Updates, patches, and new versions
  • All derivative works

Client owns nothing related to the plugin.

C. Installation Requirements

Client must:

  • Install plugin on authorized websites only
  • Keep plugin updated to current version
  • Not modify, customize, or alter plugin code
  • Not install on more websites than license permits
  • Remove plugin upon termination (if requested)

D. Plugin Limitations

Client may NOT:

  • Install plugin on unlicensed websites
  • Reverse engineer or decompile plugin
  • Remove licensing or attribution code
  • Distribute plugin to third parties
  • Use plugin after license termination
  • Create derivative versions of plugin
  • Bypass plugin security or authentication

E. Plugin Updates and Compatibility

We may:

  • Update plugin at any time without notice
  • Require installation of new versions
  • Discontinue support for older versions
  • Change plugin functionality or features

We do NOT guarantee:

  • Backward compatibility with old versions
  • Compatibility with all platforms or configurations
  • Uninterrupted operation or error-free performance
  • Support for unmaintained platforms

F. Plugin Removal Upon Termination

Upon termination:

  • Client may keep plugin installed (it will not function without API key)
  • Plugin becomes inert when API key is revoked
  • Client should uninstall to clean up their system (but not required)
  • Continued possession of non-functioning plugin is not breach

4.10 OWNERSHIP OF WORK PRODUCT – NO EXCEPTIONS

To eliminate any ambiguity:

Client does NOT own and receives NO ownership interest in:

  • ✗ Structured data we create (even when installed on Client’s site)
  • ✗ Strategic documentation we author (even when about Client’s business)
  • ✗ Performance reports we generate (even when analyzing Client’s data)
  • ✗ Competitive analysis we perform (even when comparing Client to others)
  • ✗ Technical implementations we deploy (even when on Client’s servers)
  • ✗ Plugins or software we install (even when critical to Client’s operations)
  • ✗ Knowledge Graph configurations (even when representing Client’s brand)
  • ✗ Improvements we discover (even when inspired by Client’s engagement)
  • ✗ Templates we customize (even when customized for Client specifically)
  • ✗ Any other deliverables, work product, or materials we create

Client receives ONLY a license per Section 4.3 above.

This ownership structure applies regardless of:

  • Fees paid (high or low)
  • Duration of engagement (short or long)
  • Customization level (generic or highly specific)
  • Success of implementation (successful or not)
  • Location of deployment (Client’s site or elsewhere)

4.11 INTELLECTUAL PROPERTY INFRINGEMENT

A. Client Representations

Client represents and warrants that:

  • Client owns or has rights to all materials provided to us
  • Client’s use of our Services will not infringe third-party intellectual property rights
  • Client has authority to grant licenses specified in this Agreement
  • Client’s content and materials do not violate any laws or third-party rights

B. Indemnification for Client Materials

Client will indemnify us for any claims that Client’s materials, content, or instructions infringe third-party intellectual property rights (per Section 3.6).

C. Our IP Indemnification

We will indemnify Client for claims that our Services infringe third-party intellectual property rights (per Section 3.6).

If you believe our Services or materials infringe your copyright, contact us at contact@bighouseenterprise.com with:

  • Identification of copyrighted work claimed to be infringed
  • Identification of allegedly infringing material
  • Your contact information
  • Statement of good faith belief that use is not authorized
  • Statement that notification is accurate (under penalty of perjury)
  • Physical or electronic signature of copyright owner or authorized agent

We will investigate and take appropriate action under DMCA procedures.

4.13 SURVIVAL

The following provisions survive termination or expiration of this Agreement:

  • Our ownership of proprietary methodologies and technology (Section 4.1)
  • Our ownership of Feedback (Section 4.5)
  • Our reuse rights (Section 4.6)
  • Trade secret confidentiality obligations (Section 4.8(A)) – indefinitely
  • No competitive use restriction (Section 4.8(B)) – 3 years

Client’s acknowledgment of no ownership (Section 4.10)

5. FEES, PAYMENT TERMS, AND BILLING

5.1 FEES AND PAYMENT OBLIGATIONS

A. Fee Structure

Client agrees to pay all fees specified in:

  • Client’s Subscription Plan (for ongoing services)
  • Client’s Order or Service Agreement (for project-based engagements)
  • Client’s Performance Commitment Agreement (for PC engagements)

All fees are collectively referred to as “Fees.”

Fee structures may include:

  • Monthly subscription fees (billed in advance)
  • Annual subscription fees (billed in advance)
  • Project-based fees (per payment schedule in Order)
  • Performance Commitment fees (per PC agreement payment schedule)
  • One-time setup or onboarding fees
  • Overage or usage-based fees (when limits exceeded)

B. Advance Payment Requirement

ALL FEES ARE BILLED IN ADVANCE unless otherwise specified in writing.

  • Monthly subscriptions: Billed first day of each month for that month
  • Annual subscriptions: Billed in full at subscription start
  • Project-based: Per milestone payment schedule in Order
  • Performance Commitment: Per payment schedule (typically monthly or quarterly)

Services will not commence until first payment is received and cleared.

C. Payment Methods

Accepted payment methods:

  • Credit card or debit card (Visa, Mastercard, Amex, Discover)
  • ACH/bank transfer (for invoiced amounts over $10,000)
  • Wire transfer (for international or large payments)
  • Invoice/Net-30 terms (approved enterprise clients only)

Payment method on file must remain valid and current throughout engagement.

D. Currency

All Fees are denominated and payable in United States Dollars (USD) unless otherwise specified in your Order.

If paying in non-USD currency:

  • Exchange rate determined at time of transaction
  • Client bears all currency conversion costs and risks
  • Client responsible for any bank fees or wire charges
  • We make no guarantees regarding exchange rate stability
  • Refunds (if any) issued in USD regardless of payment currency

5.2 AUTOMATIC RENEWAL AND RECURRING BILLING

A. Auto-Renewal Authorization

BY SUBSCRIBING TO SERVICES, YOU AUTHORIZE BIG HOUSE ENTERPRISE TO AUTOMATICALLY RENEW YOUR SUBSCRIPTION AND CHARGE YOUR PAYMENT METHOD ON FILE FOR EACH RENEWAL PERIOD AT THE THEN-CURRENT RATES.

Subscriptions automatically renew for periods equal to initial term unless you cancel before renewal date.

B. Renewal Notices

We will provide notice of upcoming renewal:

  • Monthly subscriptions: Email 7 days before renewal
  • Annual subscriptions: Email 30 days before renewal
  • Performance Commitment: Email 60 days before commitment end

Failure to receive notice does not waive payment obligation or prevent automatic renewal.

C. Canceling Auto-Renewal

To prevent auto-renewal, you must cancel per Section 6.3 (Cancellation) BEFORE the renewal date.

5.3 INVOICING AND NET TERMS (Enterprise Clients Only)

A. Invoice Eligibility

Invoice payment with Net-30 terms is available ONLY to:

  • Enterprise clients with engagements over $50,000 annually
  • Clients who complete credit application and are approved
  • Clients with established payment history and good standing

B. Late Payment Penalties

Past due invoices accrue interest at 1.5% per month (18% annually) or the maximum rate permitted by law in Iowa, whichever is less.

In addition to interest:

  • Day 10 past due: Warning notice sent
  • Day 15 past due: API access may be suspended
  • Day 30 past due: Account referred to collections
  • Day 60 past due: Legal action may be initiated

C. Suspension for Non-Payment

We may immediately suspend Services (including API access) if:

  • Invoice is 10+ days past due
  • Payment method on file is declined or invalid

Reactivation after suspension may require:

  • Payment of all past due amounts plus interest
  • Payment of reactivation fee:
  • Standard Services: $500
  • Performance Commitment: $1,500
  • Enterprise (>$100K): $2,500

5.4 NON-REFUNDABLE FEES

EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 5.5 (REFUND POLICY), ALL FEES ARE NON-REFUNDABLE AND PAYMENT OBLIGATIONS ARE NON-CANCELLABLE.

You will NOT receive refunds or credits for:

  • Partial month or unused portion of subscription period
  • Services that did not meet your expectations
  • Business results that did not materialize
  • Platform algorithm changes affecting results
  • Cancellation after refund window closes

5.5 REFUND POLICY

A. 14-Day Money-Back Guarantee (New Customers Only)

FIRST-TIME CUSTOMERS ONLY may request full refund if:

  • Request submitted within 14 days of initial payment
  • Request sent to contact@bighouseenterprise.com in writing
  • Account has not violated any terms of this Agreement

14-day refund does NOT apply to:

  • Renewal payments (only initial/first purchase)
  • Performance Commitment engagements (separate refund terms)
  • Setup or onboarding fees (always non-refundable)

B. Performance Commitment Refund Terms

If expert determination confirms we achieved LESS THAN 3 of 5 success criteria, Client receives 25% refund of fees paid in last 12 months of engagement period.

This flat rate applies whether we achieved 0, 1, or 2 criteria.

Client must elect ONE remedy:

Option A: Partial Refund

  • 25% cash refund of last 12 months fees
  • Processed within 30 days of expert determination

Option B: Extended Engagement

  • Continue services at 50% of standard rate
  • 6-12 month extension
  • If criteria achieved during extension, client gets perpetual access

Option C: Documented Transition

  • Comprehensive documentation of all work performed
  • Analysis of why criteria were not met
  • PLUS 25% cash refund of last 12 months fees

These remedies are EXCLUSIVE. Client may not pursue additional damages beyond the elected remedy.

At Commitment End – If Criteria Met (3+ of 5):

  • No refund (we delivered as promised)
  • Client receives perpetual API access
  • Engagement completes successfully

5.6 PAYMENT FAILURES AND ACCOUNT STATUS

A. Dunning Process

Day 1: Payment fails, first retry attempted

Day 3: Second retry, email notice sent

Day 7: Third retry, final notice sent

Day 10: If all retries fail, account suspended

B. Suspended Account Status

If account suspended for non-payment:

  • API key revoked immediately
  • Implementations stop rendering
  • Fees continue to accrue during suspension
  • Late payment interest accrues at 1.5%/month

C. Termination for Non-Payment

If account suspended 30+ days:

  • We may terminate Agreement and close account
  • All data may be permanently deleted
  • Outstanding balances sent to collections

5.7 SURVIVAL OF PAYMENT OBLIGATIONS

Payment obligations survive:

  • Termination of Agreement
  • Cancellation of Services
  • Suspension of account

You cannot avoid payment by closing account or terminating Agreement.

6. TERM, TERMINATION, CANCELLATION, AND SUSPENSION

6.1 AGREEMENT TERM

A. Commencement

This Agreement commences on the earlier of:

  • Date you accept this Agreement
  • Date you first access or use Services
  • Date of first payment for Services

And continues until terminated in accordance with this Section.

B. Subscription Term

If you subscribe to Services, your initial subscription term (“Subscription Term”) is specified in your Subscription Plan, Order, or Performance Commitment Agreement.

6.2 AUTOMATIC RENEWAL

YOUR SUBSCRIPTION AUTOMATICALLY RENEWS FOR SUCCESSIVE PERIODS EQUAL TO YOUR INITIAL SUBSCRIPTION TERM UNLESS YOU CANCEL BEFORE THE RENEWAL DATE.

Renewal occurs automatically on the renewal date at then-current rates.

6.3 CANCELLATION BY CLIENT

A. How to Cancel

To cancel your subscription:

(i) Standard and Monthly Subscriptions:

  • Log into your account dashboard
  • Navigate to “Billing” or “Subscription” section
  • Click “Cancel Subscription”

(ii) Annual and Multi-Year Subscriptions:

  • Email contact@bighouseenterprise.com
  • Include: Account email, subscription ID, cancellation reason

(iii) Performance Commitment Engagements:

  • Email contact@bighouseenterprise.com
  • Subject to PC termination terms (Section 6.3(D))

B. Cancellation Effective Date

Standard Services:

  • Cancellation effective at END of current prepaid period
  • You continue to have access through prepaid period
  • No refund for unused portion (except 14-day window)
  • API access terminates on last day of prepaid period

C. What Happens Upon Cancellation

At end of prepaid period following cancellation:

  • API key automatically revoked
  • Plugin ceases functioning
  • Structured data and implementations stop rendering
  • Access to account dashboard terminated
  • Data retention per Section 6.7 (30 days, then deletion)

EXCEPTION: Successful Performance Commitment clients retain perpetual API access per Section 4.3.

D. Performance Commitment Cancellation

Client-Initiated Cancellation During Commitment Period:

  • Client forfeits ALL fees paid to date
  • No refund or credit provided
  • API access terminates immediately
  • Client liable for remaining commitment period fees

Cancellation After Successful Completion:

  • No fees owed (commitment fulfilled)
  • Client retains perpetual API access

Cancellation After Non-Performance (Criteria Not Met):

  • Client receives remedy per Section 5.5(B)
  • After remedy provided, engagement terminates

E. No Cancellation Fee

We do NOT charge cancellation fees for standard cancellation.

EXCEPTION: Performance Commitment early cancellation may result in liability for remaining commitment fees.

6.4 TERMINATION BY BIG HOUSE ENTERPRISE

A. Termination for Cause – With Cure Period

We may terminate this Agreement for cause upon thirty (30) days’ written notice if you commit material breach and fail to cure within the 30-day period.

Material breaches include:

  • Non-payment of fees
  • Violation of IP restrictions or confidentiality obligations
  • Misuse of Services or API abuse
  • Providing false information or fraud
  • Violation of Acceptable Use Policy

B. Termination for Cause – Immediate (No Cure Period)

We may terminate this Agreement IMMEDIATELY without notice or cure period if:

  • You engage in fraudulent activity
  • You attempt to reverse engineer, hack, or compromise our systems
  • You use Services for illegal purposes
  • You breach confidentiality or disclose our trade secrets
  • You use our IP to compete with us
  • You violate Section 7 (Prohibited Uses)

Immediate termination means:

  • API key revoked without notice
  • All access terminated instantly
  • No refund of any fees paid
  • You remain liable for all amounts owed

C. Termination for Convenience

We may terminate this Agreement for any reason with sixty (60) days’ written notice.

If we terminate for convenience (not for cause):

  • You receive pro-rata refund of prepaid fees for post-termination period
  • API access continues through 60-day notice period

6.5 MUTUAL TERMINATION RIGHTS

Either party may terminate this Agreement immediately if the other party:

  • Becomes subject of bankruptcy petition or insolvency proceeding
  • Makes general assignment for benefit of creditors
  • Has receiver or trustee appointed for substantial portion of assets
  • Ceases business operations
  • Dissolves or liquidates (corporations)

Termination effective upon written notice. No cure period required.

6.6 SUSPENSION OF SERVICES

A. Suspension for Non-Payment

If payment fails or becomes 10+ days past due, we MAY suspend Services effective immediately.

Suspension means:

  • API key revoked
  • Implementations stop rendering
  • No access to account or support
  • Fees continue to accrue
  • Late payment interest accrues at 1.5%/month

B. Suspension for Suspected Violation

We may immediately suspend Services if we reasonably determine:

  • Services being used for illegal activity
  • Account security compromised
  • API abuse harming our infrastructure
  • Fraud, spam, or malicious activity

C. Reactivation After Suspension

To reactivate suspended account:

For Non-Payment:

  • Pay all past due amounts plus accrued interest
  • Provide valid payment method
  • Pay reactivation fee (per Section 5.3(C))

Reactivation NOT guaranteed. We may decline and proceed to termination.

6.7 EFFECT OF TERMINATION

A. Immediate Effects

Upon termination:

  • All licenses granted to Client terminate immediately
  • API key revoked (implementations stop rendering)
  • Plugin ceases functioning
  • Access to account, dashboard, support terminated
  • Client must cease all use of our IP and Services

EXCEPTION: Successful PC clients retain perpetual API access (unless terminated for Client’s material breach).

B. Payment Obligations

Upon termination, Client remains liable for:

  • Termination by Client:
    • All fees through end of prepaid period
    • All unpaid invoices
  • Termination by Us for Cause:
    • All fees through termination date
    • No refund of prepaid fees
  • Termination by Us for Convenience:
    • Fees through end of notice period (60 days)
    • Pro-rata refund of prepaid fees beyond notice period
  • Performance Commitment Early Termination by Client:
    • ALL fees through entire commitment period
    • Forfeiture of fees paid to date

C. Data and Account Information

Upon termination:

  • 30-Day Retention Period:
    • We retain Client data for 30 days after termination
    • During this period, Client may request data export
    • Data export fee may apply ($500-$2,500)
  • After 30 Days:
    • All Client data permanently deleted
    • Account information erased
    • No recovery possible

EXCEPTION: We may retain:

  • Aggregated/anonymized data
  • Records required for legal/tax compliance

D. Return of Confidential Materials

Within ten (10) days of termination, Client must:

  • Return or destroy all confidential documentation
  • Return or destroy all proprietary materials
  • Cease using our trade secrets and methodologies
  • Certify in writing that all materials destroyed/returned

Client MAY retain:

  • Copies required for legal/regulatory compliance
  • Materials covered by perpetual license (successful PC clients)
  • Work product Client owns per Section 4.4 (if any)

E. Transition Assistance

Upon termination:

  • We are NOT obligated to:
    • Provide transition assistance
    • Help you find replacement provider
    • Explain our implementations to successor
    • Provide structured data source code
    • Train your team or new provider
  • We MAY offer transition services at additional cost (our discretion):
    • Documentation package: $2,500-$10,000
    • Transition consulting: $250-$500/hour
    • Knowledge transfer session: $5,000-$15,000
    • Implementation analysis: $5,000-$20,000

All transition services prepaid, non-refundable.

6.8 SURVIVAL OF PROVISIONS

The following provisions survive termination:

INDEFINITE SURVIVAL:

  • IP ownership and restrictions (Section 4)
  • Confidentiality obligations (Section 4.8)
  • Indemnification obligations (Section 3.6)
  • Payment obligations incurred before termination
  • Limitation of liability (Section 3.5)
  • Dispute resolution and arbitration (Section 2)

TIME-LIMITED SURVIVAL:

  • Non-compete restrictions (3 years after termination)
  • Data retention (30 days, then deletion)

6.9 NO PENALTY FOR EXERCISE OF TERMINATION RIGHTS

Neither party incurs liability to the other solely for exercising permitted termination rights under this Agreement.

However, termination does NOT waive:

  • Claims for breach occurring before termination
  • Payment obligations incurred before termination
  • Obligations that expressly survive termination

Rights to pursue remedies for pre-termination conduct

7. ACCEPTABLE USE POLICY

7.1 PROHIBITED USES

You agree NOT to use the Services for any of the following purposes:

A. Illegal Activities

  • Any illegal purpose or violation of laws
  • Infringing others’ rights (privacy, IP, etc.)
  • Fraudulent, deceptive, or misleading practices
  • Violating data protection laws (GDPR, CCPA)

B. Platform Terms Violations

  • Violating terms of Google, OpenAI, Anthropic, Perplexity, etc.
  • Creating fake entities or fraudulent structured data
  • Manipulating AI systems through false information

C. Technical Abuse

  • Reverse engineering our Services, API, or plugin
  • Bypassing security features or access controls
  • Introducing viruses, malware, or harmful code
  • Denial of service attacks
  • Bypassing API rate limits

D. Content Restrictions

  • Illegal pornography or child exploitation
  • Promoting violence, terrorism, or illegal weapons
  • Illegal drugs or controlled substances
  • Malware, phishing, or fraudulent content
  • Hate speech or targeted abuse

E. Competitive Restrictions

  • Using our IP to compete with us
  • Offering similar services using our knowledge
  • Serving our direct competitors without disclosure
  • Sublicensing or white-labeling our Services

F. Data and Privacy Violations

  • Collecting personal information without consent
  • Spamming or phishing
  • Sharing login credentials with unauthorized parties
  • Using scraped or improperly obtained data

7.2 MONITORING AND ENFORCEMENT

A. Right to Monitor

We reserve the right to:

  • Monitor compliance with this Policy
  • Investigate suspected violations
  • Review content and implementations
  • Monitor API usage patterns
  • Cooperate with law enforcement

B. Enforcement Actions

If you violate this Policy, we may:

  • Issue warning
  • Suspend Services immediately
  • Terminate Agreement without refund
  • Remove violating content
  • Revoke API access permanently
  • Report to authorities
  • Pursue legal remedies

7.3 REPORTING VIOLATIONS

Report violations to: contact@bighouseenterprise.com

7.4 COOPERATION WITH LAW ENFORCEMENT

We cooperate fully with law enforcement and may disclose information about you without notice if required by law or necessary to protect rights or prevent harm.

8. PRIVACY AND DATA PROTECTION

8.1 PRIVACY POLICY INCORPORATION

Our Privacy Policy is located at: https://www.bighouseenterprise.com/privacy-policy

The Privacy Policy is incorporated by reference and constitutes part of this Agreement.

By accepting this Agreement, you agree to our Privacy Policy.

8.1A USER CATEGORIES AND DATA HANDLING

For privacy and data protection purposes, we categorize users into distinct groups with different data collection, processing, and retention practices:

A. Website Visitor

Users who browse our website without creating an account or engaging Services.

Data Collected:

  • Technical data (IP address, browser type, device information)
  • Website usage data (pages visited, time on site, navigation patterns)
  • Cookie data per our Cookie Policy
  • Referring source information

Data Retention:

  • Technical data: 2 years from last visit
  • Cookie data: Per expiry periods in Cookie Policy
  • No account data (none created)

Legal Basis: Legitimate interests (website operation and improvement)

B. Assessment Participant

Users who complete our Digital Authority Risk Assessment or similar diagnostic tools.

Data Collected:

  • Name and email address
  • Company name and website URL
  • Industry/vertical information
  • Assessment responses and calculated scores
  • Business intelligence provided during assessment
  • Marketing preferences (if consented)

Data Retention:

  • If subscribed to marketing: Until unsubscribe
  • If not subscribed: 2 years from assessment completion
  • Assessment data: 2 years (used for methodology improvement)

Legal Basis:

  • Assessment delivery: Performance of contract
  • Marketing (if opted in): Consent

C. Standard Subscriber

Users with active monthly or annual subscription to Standard Services (non-Performance Commitment).

Data Collected:

  • Account information (name, email, password hash)
  • Billing information (name, address, payment method token)
  • Subscription details (plan, start date, renewal date)
  • API usage logs and patterns
  • Website/domain information
  • Implementation data (structured data deployed)
  • Performance metrics (algorithmic visibility data)
  • Support communications (tickets, emails, chat logs)
  • Usage analytics (features accessed, frequency)

Data Retention:

  • During relationship: All data maintained
  • After cancellation: 30-day retention period (allows data export)
  • Then: Permanent deletion (except items below)
  • Financial records: 7 years (legal compliance)
  • Aggregated/anonymized data: Indefinitely

Legal Basis:

  • Service delivery: Performance of contract
  • Financial records: Legal obligation
  • Aggregated data: Legitimate interests

D. Performance Commitment Client

Users engaged under Performance Commitment terms with success criteria commitments.

Data Collected:

  • All Standard Subscriber data (above), PLUS:
  • Digital Authority Risk Assessment results and Readiness Score
  • Detailed success criteria and measurement baselines
  • Quarterly strategy review notes
  • Progress reports against 5 success criteria
  • Expert determination documentation (if applicable)
  • Implementation timelines and compliance tracking
  • Enhanced performance analytics

Data Retention:

  • During relationship: All data maintained
  • After successful completion: API access perpetual (implementation data retained)
  • After non-performance: 30-day retention, then deletion (except below)
  • Financial records: 7 years (legal compliance)
  • Expert determination records: 7 years (dispute prevention)
  • Aggregated/anonymized data: Indefinitely

Legal Basis:

  • Service delivery: Performance of contract
  • Financial/legal records: Legal obligation
  • Expert determination: Legal claims defense

E. Former Client

Users whose accounts have been terminated, canceled, or suspended.

Data Collected:

  • Minimal account identifiers only (for fraud prevention)
  • Financial records required by law

Data Retention:

  • Most data: Deleted within 30 days of termination
  • Financial records: 7 years from last transaction
  • Fraud/abuse records: 3 years from termination
  • Legal dispute records: Until resolution + 1 year
  • Aggregated/anonymized data: Indefinitely

Legal Basis:

  • Financial records: Legal obligation
  • Fraud prevention: Legitimate interests
  • Legal defense: Legal claims

F. Cross-Category Notes

Aggregated/Anonymized Data:

All user categories contribute to aggregated, anonymized datasets used to:

  • Improve our AI Authority Method
  • Develop industry benchmarks
  • Enhance service effectiveness
  • Support research and development

This data cannot identify individuals and is retained indefinitely.

Marketing Communications:

Users in any category may receive marketing communications if:

  • They have opted in via checkbox
  • They have not unsubscribed
  • They have active business relationship with us (existing clients)

Marketing preferences can be changed at any time via:

  • Unsubscribe links in emails
  • Account settings (if applicable)
  • Email to marketing@bighouseenterprise.com

Category Changes:

Users automatically move between categories based on actions:

  • Website Visitor → Assessment Participant (when completing assessment)
  • Assessment Participant → Standard Subscriber (when purchasing subscription)
  • Standard Subscriber → Performance Commitment Client (when upgrading to PC)
  • Any category → Former Client (upon termination)

Data handling changes accordingly, with 30-day notice for material changes affecting existing clients.

8.2 DATA COLLECTION AND USE

A. Types of Data Collected

We collect:

  • Account information (name, email, billing)
  • Business information (website URLs, industry)
  • Technical data (API usage, performance logs)
  • Communication data (emails, support tickets)
  • Service usage data (features accessed, results)

B. How We Use Data

We use data for:

  • Providing Services
  • Improving Services
  • Analytics and research (aggregated, anonymized)
  • Billing and payment processing
  • Customer support
  • Legal compliance
  • Security and fraud prevention

8.3 DATA SHARING AND DISCLOSURE

A. We Do NOT Sell Your Data

We do not sell, rent, or trade your personal information to third parties for their marketing purposes.

B. Limited Sharing

We may share your data with:

(i) Service Providers

  • Payment processors (Stripe, PayPal, etc.)
  • Cloud hosting providers (AWS, Google Cloud, etc.)
  • Email service providers
  • Analytics platforms
  • Customer support tools

All service providers bound by confidentiality agreements.

(ii) Legal Requirements

  • Law enforcement (when required by law)
  • Court orders or subpoenas
  • Government agencies (regulatory compliance)
  • Legal proceedings (to defend our rights)

(iii) Business Transfers

  • Merger, acquisition, or sale of assets
  • Bankruptcy or insolvency proceedings

Your data may be transferred but remains subject to this Agreement and Privacy Policy.

(iv) With Your Consent

  • Case studies or testimonials (only with written consent)
  • Portfolio inclusion (only with written consent)
  • Marketing materials (only with written consent)

8.4 DATA SECURITY

We implement reasonable security measures including encryption, access controls, and regular audits.

HOWEVER, NO SYSTEM IS 100% SECURE. We cannot guarantee absolute security.

Data Breach Notification: If we experience a breach, we will notify you within 72 hours.

8.5 DATA RETENTION AND DELETION

A. Retention Schedule by Data Type

The table below specifies how long we retain different types of data:

Data CategoryActive AccountAfter TerminationLegal/Compliance Retention
Account Data
Account credentials (email, hashed password)Duration of relationship30 days, then permanently deletedNone
Profile information (name, avatar)Duration of relationship30 days, then permanently deletedNone
Login history12 months rollingDeleted immediately upon terminationNone
Billing & Financial Data
Billing information (name, address)Duration of relationship30 days, then permanently deleted7 years for tax records only
Payment method tokensDuration of relationshipDeleted immediately upon terminationNone
Transaction recordsDuration of relationship30 days, then deleted7 years (Iowa Code §422.25, IRS)
Invoices and receiptsDuration of relationship30 days, then deleted7 years (tax compliance)
Refund recordsDuration of relationship30 days, then deleted7 years (financial compliance)
Credit Card Information
Credit card numbersNever stored by us (Stripe/PayPal holds securely)N/AN/A
Last 4 digits (display only)Duration of relationshipDeleted immediatelyNone
Technical & Usage Data
API usage logs24 months rollingDeleted after 30-daytermination periodNone
Performance metricsDuration of relationship30 days, then deletedNone unless perpetual PC access
Website analytics data24 months rollingDeleted after 30-daytermination periodNone
Error logs and debugging data90 days rollingDeleted immediately upon terminationNone
Implementation Data
Structured data configurationsDuration of API accessDeleted upon API revocationNone unless perpetual PC access
Knowledge Graph dataDuration of relationship30 days, then deletedNone unless perpetual PC access
Strategic & Consulting Data
Strategic documentationDuration of relationship30 days, then deletedNone
Performance reportsDuration of relationship30 days, then deletedNone
Competitive analysisDuration of relationship30 days, then deletedNone
Assessment resultsDuration of relationship30 days, then deletedNone
Communication Data
Email correspondence36 months from last message36 months from last message7 years if related to dispute
Support tickets36 months from ticket closure36 months from ticket closure7 years if related to dispute
Chat logs24 months from conversation24 months from conversationNone
Phone call recordings (if any)12 months from call date12 months from call dateNone
Performance Commitment Data
Success criteria documentationDuration of PC engagement30 days, then deleted7 years (dispute prevention)
Quarterly review notesDuration of PC engagement30 days, then deleted7 years (dispute prevention)
Expert determination recordsDuration of PC engagement7 years from PC completion7 years (legal defense)
PC progress metricsDuration of PC engagement30 days, then deletedNone unless perpetual access granted
Marketing Data
Marketing preferencesUntil unsubscribeDeleted immediately upon unsubscribeNone
Email campaign engagementUntil unsubscribeDeleted immediately upon unsubscribeNone
Lead magnet downloadsUntil unsubscribe or 2yearsDeleted per retention periodNone
Security & Compliance Data
Security incident logs3 years from incident3 years from incident3 years minimum
Fraud investigation records3 years from resolution3 years from resolution3 years minimum
Legal dispute recordsUntil resolution + 1 yearUntil resolution + 1yearUntil resolution + 1 year
Regulatory compliance recordsDuration of relationship7 years from last transaction7 years (various regulations)
Cookies & Tracking
Essential cookiesSession or per Cookie PolicyAuto-expire per Cookie PolicyNone
Analytics cookiesPer Cookie Policy(typically 2 years)Auto-expire per Cookie PolicyNone
Marketing cookiesPer Cookie Policy(typically 13 months)Auto-expire per Cookie PolicyNone
Special Categories
Aggregated/anonymized dataIndefinitelyIndefinitelyIndefinitely (no personal information)
Backup copies (encrypted)90 days rollingDeleted after 90 daysNone (automatically purged)
Perpetual API access(successful PC)IndefinitelyIndefinitely (frozen snapshot)Indefinitely (contractual right)

B. Legal and Regulatory Compliance Requirements

We are REQUIRED BY LAW to retain certain data even after account deletion:

Financial Records (7 years):

  • Iowa Code § 422.25 (state tax records)
  • Internal Revenue Code § 6001 (federal tax records)
  • Generally Accepted Accounting Principles (GAAP)

Data retained: Transaction records, invoices, receipts, refund records

Dispute Prevention (7 years):

  • Iowa statute of limitations for contract disputes
  • Expert determination records (Performance Commitment)
  • Financial compliance documentation

Data retained: PC success criteria documentation, expert reports, quarterly reviews

Fraud Prevention (3 years):

  • Federal Trade Commission Act requirements
  • Payment Card Industry Data Security Standard (PCI DSS)

Data retained: Security incident logs, fraud investigation records

Active Legal Matters (Until resolution + 1 year):

  • Litigation hold requirements
  • Discovery obligations

Data retained: All data relevant to active legal proceedings

C. Data Retention After Termination – Timeline

Day 0 (Termination Date):

  • API key revoked immediately
  • Active Services cease immediately
  • 30-day retention period begins

Days 1-30 (Retention Period):

  • All data remains accessible for data export requests
  • Client may request data export (fee may apply: $500-$2,500)
  • No new data collected
  • Client may request early deletion (skip retention period)

Day 31 (Deletion Begins):

  • Automatic deletion process initiates
  • Most personal data permanently deleted within 24 hours
  • Deletion irreversible (no recovery possible)

Days 31-90 (Backup Purge):

  • Data may persist in encrypted backups
  • Backups automatically cycle out and are destroyed
  • No active data remains after Day 90

Year 1-7 (Compliance Retention Only):

  • Only legally required records retained
  • Financial records (7 years)
  • Dispute-related records (7 years)
  • Expert determination records (7 years for PC clients)

Year 7+ (Complete Purge):

  • All remaining compliance records deleted
  • Only aggregated/anonymized data remains (no personal information)

EXCEPTION – Perpetual API Access:

Successful Performance Commitment clients retain perpetual API access with frozen implementation snapshot. This data retained indefinitely as contractual benefit.

D. Right to Request Deletion

You may request deletion of your data at any time by emailing:

privacy@bighouseenterprise.com

Subject line: “Data Deletion Request”

We will delete your data within 30 days except:

  • Data required for legal/regulatory compliance (retained per table above)
  • Data necessary to enforce this Agreement or defend legal claims
  • Data subject to active legal hold or investigation
  • Aggregated/anonymized data (contains no personal information)

Deletion includes:

  • Your account and profile information
  • All personal and business data you provided
  • Implementation and performance data
  • Communication history
  • Usage logs and analytics

Deletion confirmation:

We will send written confirmation of deletion to your email address within 30 days of completion.

IMPORTANT: Deletion is permanent and irreversible. We cannot restore deleted data.

8.6 GDPR COMPLIANCE (EU/EEA Users)

Your GDPR Rights:

  • Access your personal data
  • Rectify inaccurate data
  • Request deletion
  • Restrict processing
  • Data portability
  • Object to processing
  • Withdraw consent

Contact: contact@bighouseenterprise.com

8.7 CCPA COMPLIANCE (California Residents)

Your CCPA Rights:

  • Right to know what we collect
  • Right to delete
  • Right to opt-out of sale (we don’t sell)
  • Right to non-discrimination

Contact: contact@bighouseenterprise.com with subject “CCPA Request”

8.8 INTERNATIONAL DATA TRANSFERS

Your data may be transferred to and processed in the United States.

By using Services, you consent to these transfers.

8.9 CHILDREN’S PRIVACY

Our Services are NOT directed to individuals under 18 years of age.

We do not knowingly:

  • Collect personal information from anyone under 18
  • Market to individuals under 18
  • Allow individuals under 18 to create accounts
  • Process payment information from individuals under 18
  • Provide Services to individuals under 18

A. Prohibition on Use by Minors

IF YOU ARE UNDER 18 YEARS OF AGE:

You are PROHIBITED from:

  • Using our Services in any capacity
  • Creating an account or profile
  • Providing any personal information to us
  • Downloading our materials or content
  • Participating in our assessments or evaluations
  • Purchasing subscriptions or services
  • Interacting with our website beyond passive browsing

Violation of this prohibition may result in:

  • Immediate account termination without notice
  • Permanent deletion of all associated data
  • Prohibition from future use of Services
  • Notification to parent/guardian (if contact information available)

B. For Parents and Legal Guardians

If you are a parent or legal guardian and believe your child under 18 has provided personal information to us or created an account:

Contact us IMMEDIATELY at:

  • Email: privacy@bighouseenterprise.com
  • Subject line: “Minor Account – Immediate Attention Required”
  • Include: Child’s name, email address used, approximate date of account creation

We will respond within 24 hours and will:

  1. Verify the claim and relationship
  2. Immediately suspend account access
  3. Permanently delete all personal information within 30 days
  4. Provide written confirmation of deletion
  5. Block email address from future account creation
  6. Implement additional safeguards if pattern detected

C. If We Discover a Minor Has Used Services

If we discover or are notified that a user is under 18 years of age:

Immediate Actions (within 24 hours):

  • Suspend all account access immediately
  • Revoke API keys and disable implementations
  • Cease all communications with the account
  • Flag account for deletion

Within 30 Days:

  • Permanently delete all personal information
  • Permanently delete all account data
  • Remove from all marketing lists
  • Purge from all backup systems

Notification:

  • We will attempt to notify the email address on file (if it belongs to verifiable adult)
  • We will notify parent/guardian if contact information available
  • We will NOT notify the minor directly

Refunds:

  • Any fees paid will be refunded in full (regardless of refund policy)
  • Refunds processed to original payment method within 30 days
  • No questions asked, no exceptions

D. Age Verification

While we do not implement age verification systems for all users, we reserve the right to:

  • Request proof of age at any time
  • Verify identity and age before providing certain services
  • Implement age verification for users we suspect are minors
  • Refuse service if unable to verify age

Acceptable proof of age:

  • Government-issued photo ID (driver’s license, passport, state ID)
  • Birth certificate (with additional photo ID)
  • Other government documentation showing date of birth

We will delete copies of age verification documents within 30 days of verification.

E. Business Context

Our Services are designed for and marketed to:

  • Business executives and professionals
  • Corporate entities and organizations
  • Marketing and digital strategy professionals
  • Agency partners and consultants

Given the business nature of our Services, pricing structure (typically $5,000-$300,000), and required business context (company websites, professional email addresses), we do not expect minors to attempt to use our Services.

However, we take our obligations seriously and maintain these strict policies to ensure compliance with child protection laws.

F. Reporting Concerns

If you encounter any content or behavior on our platform that suggests minors are being targeted or are using our Services, please report immediately to: contact@bighouseenterprise.com

We investigate all reports within 24 hours.

G. Legal Compliance

This policy complies with:

  • Children’s Online Privacy Protection Act (COPPA) – United States
  • General Data Protection Regulation (GDPR) Article 8 – European Union
  • California Consumer Privacy Act (CCPA) – California
  • Other applicable child protection laws

H. No Liability Disclaimer

DESPITE THESE POLICIES, WE CANNOT GUARANTEE that minors will not attempt to use our Services by providing false information.

We rely on users to provide accurate information including age. We are not liable for:

  • Minors who misrepresent their age
  • Parents/guardians who allow minors to use their accounts
  • Minors who use Services without our knowledge
  • Any damages resulting from minor’s use of Services

Parents and guardians are responsible for monitoring and controlling minors’ internet usage.

I. Updates to Children’s Privacy Policy

We reserve the right to update this Children’s Privacy policy as laws change or our practices evolve. Material changes will be posted prominently on our website.

Last reviewed: December 16th, 2025

8.10 YOUR RESPONSIBILITIES

You are responsible for:

  • Providing accurate information
  • Updating information as it changes
  • Maintaining security of your login credentials
  • Notifying us of unauthorized access
  • Ensuring you have right to provide data you submit
  • Complying with data protection laws applicable to you
  • Not submitting others’ personal data without proper authorization

8.11 COOKIES AND TRACKING

We use cookies and similar tracking technologies as described in our Cookie Policy, located at: https://www.bighouseenterprise.com/privacy-policy

You can control cookies through your browser settings, but some features may not function properly if cookies are disabled.

8.12 CONTACT FOR PRIVACY QUESTIONS

For privacy-related questions, concerns, or requests:

Email: contact@bighouseenterprise.com

Mail: Big House Enterprise, Privacy Department  

6701 Corporate Drive #4153

Johnston, Iowa 50131

We respond to privacy inquiries within 30 days.

9. MISCELLANEOUS PROVISIONS

9.1 ENTIRE AGREEMENT

This Agreement, together with Privacy Policy, Cookie Policy, and any Orders you execute, constitutes the entire agreement and supersedes all prior agreements.

9.2 AMENDMENTS AND MODIFICATIONS

We may modify this Agreement at any time. Material changes communicated via email at least 30 days before effective date.

Continued use after changes = acceptance. If you don’t accept, cancel before effective date.

9.3 ASSIGNMENT

You May Not Assign: You cannot assign this Agreement without our written consent.

We May Assign: We may assign without restriction (merger, acquisition, reorganization).

9.4 NOTICES

Notice to You: Email to address on file (deemed received when sent)

Notice to Us: contact@bighouseenterprise.com

9.5 SEVERABILITY

If any provision is invalid, it shall be modified to minimum extent or severed. Remaining provisions stay in effect.

EXCEPTION: If arbitration provision invalid in entirety, disputes proceed in court.

9.6 WAIVER

No waiver unless in writing. Failure to enforce ≠ waiver.

9.7 FORCE MAJEURE

Neither party liable for failure due to causes beyond reasonable control:

  • Acts of God, disasters, pandemics
  • War, terrorism, government actions
  • Platform changes or restrictions
  • Cyber-attacks, outages
  • Algorithm changes preventing optimization

If force majeure continues 90+ days, either party may terminate without penalty.

9.8 RELATIONSHIP OF PARTIES

Independent contractors. No partnership, agency, employment, or fiduciary duty created.

9.9 NO THIRD-PARTY BENEFICIARIES

No third party can enforce this Agreement.

EXCEPTION: Our affiliates, officers, directors, employees are beneficiaries of protections (indemnification, liability limits).

9.10 INTERPRETATION

  • Headings for convenience only
  • “Including” means “including without limitation”
  • “May” = discretionary, “Shall/Will” = mandatory
  • Business days = Monday-Friday (excluding Iowa federal holidays)

9.11 EXPORT COMPLIANCE

You agree to comply with export laws. You represent you’re not in embargoed country or on prohibited parties list.

9.12 INJUNCTIVE RELIEF

You acknowledge breach of IP/confidentiality would cause irreparable harm. We’re entitled to injunctive relief without posting bond.

9.13 ATTORNEYS’ FEES

Prevailing party in legal proceeding entitled to reasonable attorneys’ fees.

9.14 COUNTERPARTS AND ELECTRONIC SIGNATURES

Electronic signatures (clicking “I Agree,” e-signatures) are valid and binding.

9.15 PUBLICITY

We may include your company name/logo in client list unless you opt out (contact@bighouseenterprise.com).

For case studies/testimonials, we obtain prior written consent.

9.16 SURVIVAL SUMMARY

Survive termination:

  • Payment obligations
  • IP ownership/restrictions
  • Confidentiality (indefinite)
  • Indemnification
  • Limitation of liability
  • Dispute resolution
  • Non-compete (3 years)

10. DEFINITIONS

For purposes of this Agreement:

“Account” – The user account you create to access Services.

“Agreement” – These Terms of Service, including referenced policies and any Orders executed.

“AI Authority Method” – Our proprietary methodology for engineering algorithmic authority.

“API” – Application programming interface delivering structured data to Client properties.

“API Key” – Unique authentication credential enabling plugin connection to our API.

“Big House Enterprise,” “we,” “us,” “our” – Big House Enterprise, LLC, an Iowa LLC with principal place in Des Moines, Iowa.

“Client,” “Customer,” “you,” “your” – Person or entity accepting this Agreement and using Services.

“Confidential Information” – Non-public information designated as confidential or reasonably considered confidential, including our methodologies, trade secrets, processes.

“Content” – All content, data, information, materials, and intellectual property.

“Fees” – All fees payable for Services per Subscription Plan, Order, or PC Agreement.

“Feedback” – Ideas, suggestions, improvements you provide regarding our Services.

“GDPR” – General Data Protection Regulation (EU) 2016/679.

“Intellectual Property” or “IP” – Patents, copyrights, trademarks, trade secrets, know-how, proprietary rights.

“Knowledge Panel” – Information box on Google search results displaying verified entity information.

“KGMID” – Knowledge Graph Machine ID assigned by Google’s Knowledge Graph.

“Order” – Written ordering document or service agreement signed by both parties.

“Performance Commitment” or “PC” – Our qualified commitment to achieve specified success criteria within 18-24 months for qualified clients.

“Personal Information” or “Personal Data” – Information identifying or reasonably associated with an individual/household.

“Plugin” – Big House Enterprise API plugin software installed on your website.

“Predictive Brand Dominance” – Our proprietary approach to engineering sustainable algorithmic advantages.

“Privacy Policy” – Our privacy policy at https://www.bighouseenterprise.com/privacy-policy.

“Services” – All services provided under this Agreement including AI authority engineering, optimization, consulting.

“Standard Services” – Services under subscriptions without Performance Commitment terms.

“Structured Data” – Data formatted in standardized formats enabling AI systems to process information.

“Subscription” – Your enrollment in Services under a Subscription Plan.

“Subscription Plan” – Service tier, features, fees, and term you select.

“Subscription Term” – Initial or renewal period for prepaid Services.

“Success Criteria” – Five specific outcomes in PC engagements, of which three must be achieved.

“Term” – Duration of this Agreement from commencement through termination.

“Third-Party Services” – Services/platforms provided by parties other than us (Google, OpenAI, Anthropic, Perplexity, etc.).

“Trade Secrets” – Confidential information deriving value from secrecy, including our methodologies, processes, algorithms.

“User Content” – Content, data, information you provide or upload.

“Website”https://www.bighouseenterprise.com and subdomains.

END OF TERMS OF SERVICE

By accepting this Agreement, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth herein.

Contact:

Big House Enterprise, LLC  

Legal Department  

6701 Corporate Drive #4153

Johnston, Iowa 505131  

Email: contact@bighouseenterprise.com

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