1. Acceptance of Terms
By accessing or using the Bigfluencer service at bigfluencer.co (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Service. These Terms constitute a legally binding agreement between you and Peakover LLC ("Peakover," "we," "us," or "our"), a Florida limited liability company with its principal place of business at 2125 Biscayne Blvd, Ste 204, Miami, Florida 33137, USA.
2. Description of Service
Bigfluencer is a web-based analytics tool that retrieves publicly available Instagram profile data and applies statistical algorithms to generate an influencer performance score (0–10) and signal breakdown. The Service is intended to assist marketing professionals in evaluating potential influencer partnerships.
All scores and reports are statistical estimates derived from publicly available metrics. They are provided for informational purposes only and do not constitute a definitive assessment of any individual's or brand's authenticity, character, or business suitability.
3. Account Registration
To use the Service you must register for an account using a valid email address and a password of at least six characters. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at hello@peakover.com if you suspect unauthorized access.
You must be at least 18 years old to create an account. By registering, you represent that you meet this requirement.
4. Credits and Payment
The Service operates on a prepaid credit system. Credits are consumed when analyses or discovery searches are performed. New accounts receive a limited number of complimentary credits at registration.
- Non-refundable: all credit purchases are final and non-refundable unless required by applicable law.
- No expiration: purchased credits do not expire as long as your account remains active.
- Price changes: we reserve the right to change credit pricing at any time. Price changes will not affect credits already purchased.
- Payment processing: payments are processed by Stripe, Inc. By completing a purchase, you also agree to Stripe's Terms of Service.
5. Acceptable Use
You agree not to use the Service to:
- Violate any applicable federal, state, local, or international law or regulation
- Harass, defame, discriminate against, or harm any individual or group
- Resell, sublicense, or redistribute analysis results or data to third parties without our written consent
- Automate access to the Service through bots, scrapers, or other automated means without our prior written approval
- Attempt to reverse-engineer, decompile, or circumvent any aspect of the Service
- Use the Service to make hiring decisions, creditworthiness determinations, or any other decisions regulated under the Fair Credit Reporting Act (FCRA) or similar laws
- Transmit any malware, viruses, or malicious code
6. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Peakover LLC. Our trademarks, logos, and service marks may not be used without prior written permission. You retain ownership of your account data; by using the Service you grant us a limited license to process that data solely to provide the Service.
7. Third-Party Data and Instagram
Bigfluencer retrieves publicly available data from Instagram. We are not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc. or Instagram. The accuracy of the underlying data depends on Instagram's platform and may not reflect real-time state. We make no representations about the completeness, accuracy, or timeliness of third-party data.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEAKOVER LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $100.
10. Indemnification
You agree to indemnify, defend, and hold harmless Peakover LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of a third party.
11. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and Peakover waive the right to a jury trial and the right to participate in a class action. Arbitration shall take place in Miami-Dade County, Florida, or by telephone or videoconference.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. For any matters not subject to arbitration, you consent to exclusive jurisdiction in the state and federal courts located in Miami-Dade County, Florida.
13. Termination
We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Service ceases immediately. Unused credits are non-refundable upon termination for cause.
14. Changes to These Terms
We may modify these Terms at any time by posting the revised version on this page with an updated effective date. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
15. Contact Us
For questions about these Terms, please contact:
- Email: hello@peakover.com
- Mail: Peakover LLC, 2125 Biscayne Blvd, Ste 204, Miami, Florida 33137, USA