These Terms govern your use of GovBidAI and the related services provided by IT Custom Solution LLC, a New York limited liability company ("ITC"). By signing up, you agree to them.
01Definitions
"Service" means the GovBidAI software-as-a-service product. "Customer Data" means any data you upload, generate within, or otherwise provide via the Service. "Order Form" means the order you submit on signup or via an enterprise contract.
02The subscription
You may use the Service for the term and at the seat count specified in your Order Form. Subscriptions auto-renew at the then-current rate unless either party cancels at least 30 days before renewal. Pricing changes apply only at the next renewal · never mid-term.
03Your data
You own your Customer Data. ITC processes it as your data processor per the Data Processing Addendum. We will not access your Customer Data except (a) as needed to operate the Service for you, (b) at your written request, or (c) when compelled by valid legal process · in which case we will notify you unless legally prohibited.
On termination, we will delete your Customer Data within 30 days unless you elect to export it first. Audit log retention may extend on Enterprise plans per the Order Form.
04Acceptable use
Don't use the Service to violate laws, infringe third-party rights, send spam, distribute malware, attack our infrastructure or anyone else's, or interfere with other customers. Don't scrape or resell our data or the Service's outputs at scale without a separate license.
- No automated bulk scraping that creates load distinct from normal use
- No resale of NAICS data or live SAM.gov outputs to third parties without written consent
- No use of the Service to compete with the Service
05Intellectual property
We retain ownership of the Service, our brand, our content, our editorial guides, and any aggregated or de-identified data we derive from operating the Service. You retain ownership of your Customer Data. You grant us a license to use Customer Data only as needed to provide the Service. Any feedback you give us, we may use without obligation.
06Indemnification
We will defend you against any third-party claim that the Service, used as authorized, infringes that party's US patent, copyright, or trademark · and pay any resulting court-awarded damages or settlement. You will defend us against any third-party claim arising from Customer Data, your use of the Service in violation of these Terms, or any combination of the Service with anything we did not provide.
07Liability
Neither party is liable for indirect, consequential, special, incidental, exemplary, or punitive damages, lost profits, or lost data, except in cases of gross negligence, willful misconduct, breach of confidentiality, indemnification obligations, or breach of intellectual-property rights. Each party's aggregate liability is capped at the fees you paid in the 12 months preceding the claim.
08Termination
Either party may terminate for material breach if the other doesn't cure within 30 days of written notice. We may terminate immediately for non-payment after 30 days delinquent or for AUP violations that create imminent risk. We will refund prepaid fees for unused service if we terminate without cause.
09Disputes
These Terms are governed by the laws of the State of New York, without regard to conflicts of laws. The parties consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York, for any dispute that is not resolved informally, except either party may seek injunctive relief in any court of competent jurisdiction. The parties waive any right to a jury trial and to participate in any class action.
10Misc.
These Terms (plus the Order Form, the DPA, and any signed amendments) are the entire agreement. They supersede prior agreements on the same subject. Neither party may assign except in connection with a merger or sale of substantially all assets. We may update these Terms at any time with 30 days' notice via in-app message and email. Continued use after the effective date constitutes acceptance.