Terms of Service

These Terms of Service ("Terms") govern your access to and use of the BidGenie website, web application, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to bind that organization to these Terms.

1. Eligibility and Account Registration

You may use the Service only if you are at least 18 years old and have the legal capacity to enter into a binding contract. To access certain features of the Service, you may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

2. Organization Accounts and Authorized Users

If you create or join an organization within BidGenie, your use of the Service may be subject to that organization's internal policies. Organization owners and administrators may control access, manage members, configure billing, and view activity within their organization. You acknowledge that your access to the Service may be managed by your organization and that BidGenie is not responsible for any internal decisions or actions taken by your organization.

3. Acceptable Use

You agree that you will not, and will not permit others to:

• Use the Service in any manner that violates applicable laws or regulations.
• Upload, transmit, or store any content that is unlawful, harmful, deceptive, defamatory, infringing, or otherwise objectionable.
• Attempt to gain unauthorized access to the Service, other user accounts, or related systems or networks.
• Reverse engineer, decompile, or otherwise attempt to derive the source code of the Service, except to the extent such restrictions are prohibited by law.
• Interfere with or disrupt the integrity or performance of the Service, including by introducing malware or automated scraping tools that are not expressly permitted.

4. Customer Content

You may upload, submit, or otherwise provide content, including RFPs, responses, templates, and related materials ("Customer Content") to the Service. As between you and BidGenie, you retain all rights to your Customer Content. You grant BidGenie a non-exclusive, worldwide, royalty-free license to host, store, process, and display Customer Content solely as necessary to provide and improve the Service, comply with law, and enforce these Terms.

You represent and warrant that you have all necessary rights, permissions, and consents to upload and use Customer Content with the Service and that Customer Content does not infringe or violate the rights of any third party.

5. AI Features and Outputs

The Service may include AI-powered features that generate suggestions, drafts, or other outputs based on your inputs ("AI Output"). AI Output is provided for informational purposes only and is not legal, financial, or professional advice. While we strive to provide high-quality results, AI Output may be incomplete, inaccurate, or inappropriate for your specific use case.

You are solely responsible for reviewing, validating, and, where appropriate, modifying any AI Output before using it in proposals, contracts, or other business materials. BidGenie disclaims all liability arising from your reliance on AI Output.

6. Data Privacy and Security

BidGenie collects and processes personal data in accordance with its Privacy Policy. By using the Service, you consent to the collection, use, and disclosure of information as described in the Privacy Policy. You are responsible for ensuring that your use of the Service, including any Customer Content you upload, complies with applicable data protection and privacy laws.

We implement reasonable technical and organizational measures to protect the confidentiality, integrity, and availability of the Service. However, no system is completely secure, and we cannot guarantee that unauthorized third parties will never be able to defeat our security measures.

7. Subscription Plans, Fees, and Billing

Access to certain features of the Service may require a paid subscription. Subscription tiers, limits, and pricing are described on our pricing page and may be updated from time to time. By starting a paid subscription, you authorize us and our payment processors to charge the applicable fees to your designated payment method.

Unless otherwise stated, subscription fees are billed in advance, non-refundable, and will automatically renew at the end of each billing cycle until canceled. You may cancel your subscription at any time; however, cancellation will take effect at the end of the current billing period, and you will not receive a refund for any unused portion of the subscription.

8. Trial Periods and Credits

We may offer free trials, promotional credits, or discounted plans from time to time. Any such offers are subject to the terms and conditions presented at the time of the offer and are intended for evaluation purposes. We reserve the right to modify or discontinue such offers at any time.

9. Intellectual Property

The Service, including all software, user interfaces, designs, logos, and other content (excluding Customer Content), is owned by BidGenie or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights, title, or interest are transferred to you.

10. Confidentiality

In connection with the Service, each party may disclose to the other certain non-public information that is marked or reasonably understood to be confidential ("Confidential Information"). Each party agrees to use the other party's Confidential Information only for purposes of performing its obligations under these Terms and to protect such information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

11. Third-Party Services

The Service may rely on or integrate with third-party services, including cloud hosting providers, analytics tools, payment processors, and AI model providers. Your use of such third-party services may be subject to separate terms and conditions imposed by those providers. BidGenie is not responsible for the acts or omissions of third-party service providers.

12. Suspension and Termination

We may suspend or terminate your access to the Service, in whole or in part, if we reasonably believe that you have violated these Terms, are using the Service in a manner that could cause harm, or are engaging in fraudulent or illegal activity.

You may stop using the Service at any time. If you wish to delete your account or organization, please follow the instructions within the application or contact us for assistance. Certain information may be retained as required by law or for legitimate business purposes.

13. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. BIDGENIE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BIDGENIE, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDGENIE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO BIDGENIE FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless BidGenie and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) your use of the Service; (b) Customer Content; or (c) your violation of these Terms or applicable law.

16. Changes to the Service and These Terms

We may update the Service and these Terms from time to time, for example to reflect changes in features, technology, or legal requirements. If we make material changes, we will provide notice by updating the "Last updated" date at the top of these Terms or by other reasonable means. Your continued use of the Service after changes become effective constitutes your acceptance of the updated Terms.

17. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the jurisdiction indicated in your organization's subscription agreement or, if none applies, the laws of the jurisdiction where BidGenie is incorporated, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the courts located in that jurisdiction, and you consent to the personal jurisdiction and venue of such courts.

18. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms constitute the entire agreement between you and BidGenie regarding the Service and supersede any prior agreements or understandings.

19. Contact Us

If you have any questions about these Terms or the Service, please contact us at legal@bidgenie.com.

If you do not agree to these Terms, you must not access or use the Service.