Terms of Service
General Service Agreement (Updated January 2026)
1. Engagement Models
Bigger Fish aligns our engineering with your business needs through two distinct engagement models:
Client-Managed (Fixed Scope): A contract job where we map it, build it, test it, and hand you the keys. You pay a fixed build fee. You own the code.
Digital Foreman (Managed Service): A monthly retainer where we act as your on-site foreman. This service is available in three tiers (Operator, Fabricator, or Architect), ranging from basic log monitoring to active system expansion.
2. Intellectual Property & Licensing
Bigger Fish retains ownership of all "Background IP" (our pre-existing code, libraries, and automation blueprints). Your rights to the "Deliverables" depend on your model:
- For Client-Managed: Upon full payment, you are granted a perpetual, non-exclusive, royalty-free license to use and modify the system. You own the code for the specific instance we built.
- For Digital Foreman: Bigger Fish retains ownership of the automation machinery. You are granted a license to access and benefit from the system so long as your monthly retainer is active.
3. Payment Terms
- Mobilization Deposit: A 50% non-refundable deposit is required.
- Foreman Retainers: Billed on the 1st of the month. Failure to pay within 14 days may result in a pause of services.
4. Liability Cap
Our total liability is limited to the total amount actually paid by you for the specific service giving rise to the claim during the previous 12 months.
Appendix A: Outcome Engineer System (OES)
The following terms apply specifically to clients subscribing to the Outcome Engineer System (Hospitality Automation).
1. Scope of Services
Contractor will architect and deploy the Outcome Engineer System, including:
- Universal Ingestion Engine: Dual-method data pipeline (Standard Parsing & Real-Time API).
- Review Logic: Intelligent routing of positive feedback to Google Reviews and negative to private queues.
- Delivery Infrastructure: High-deliverability transactional email (Postmark).
- Analytics: Live Google Looker Studio dashboard.
- Future Migration: Re-configuration for Client's transition to Toast POS is included at no additional implementation cost.
2. Compensation & Billing
Implementation Fee: One-time fee (as defined in Proposal) covers architecture and security setup.
Recurring Consumption Billing:
- Tier 1 (Standard): $0.06/reservation (via Secure Email Parsing). Next-day processing.
- Tier 2 (Real-Time): $0.10/reservation (via API Integration). Near real-time processing.