Terms of Service

These Terms of Service ("Terms") govern your access to and use of the BidGuard compliance auditing service ("Service") provided by BidGuard Solutions ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

1. Acceptance of Terms

By creating an account, uploading documents, or otherwise using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance of these Terms will be treated as acceptance by that organization.

2. Description of Service

BidGuard provides an AI-powered RFP (Request for Proposal) compliance auditing service that:

• Analyzes RFP documents and your draft responses
• Identifies compliance gaps and missing requirements
• Generates detailed audit reports with actionable recommendations
• Provides revision auditing to track improvements

Service Packages:

• Single Audit ($297): One RFP compliance audit with 48-hour turnaround
• Revision Package ($497): Three audits (initial + 2 revisions) with 48-hour turnaround each
• Rush Processing: 24-hour turnaround available for additional fee (contact us for pricing)

3. User Accounts

3.1 Account Creation

To use our Service, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By using the Service, you represent and warrant that you meet these requirements.

3.3 Account Termination

You may terminate your account at any time by contacting us at hello@bidguardsolutions.com. We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Payment Terms

4.1 Pricing

Current pricing for our Service is listed on our website at bidguardsolutions.com. All prices are in USD unless otherwise stated. We reserve the right to change our pricing at any time, but price changes will not affect orders already placed.

4.2 Payment Processing

Payment is required before we begin processing your audit. We accept major credit cards and other payment methods as displayed on our website. Payment processing is handled by secure third-party payment processors.

4.3 Refunds and Satisfaction Guarantee

We offer a 100% satisfaction guarantee:

• If you are not satisfied with your audit report, contact us within 7 days of receiving your report
• We will work with you to address your concerns or provide a full refund
• Refund requests must include specific reasons for dissatisfaction
• Refunds are processed within 10 business days to the original payment method

Note: Refunds are not available after you have submitted your RFP response to the contracting agency.

4.4 Taxes

You are responsible for all applicable taxes associated with your purchase. If we are required to collect taxes, they will be added to your invoice.

5. Use of Service

5.1 Permitted Use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to use the Service solely for:

• Auditing your own RFP responses for compliance
• Improving the quality of your government contract proposals
• Internal business purposes related to government contracting

5.2 Prohibited Uses

You agree NOT to:

• Upload documents you do not have the right to use or share
• Use the Service to violate any laws, regulations, or third-party rights
• Attempt to reverse engineer, decompile, or extract our AI models or algorithms
• Use automated systems (bots, scrapers) to access the Service
• Interfere with or disrupt the Service or servers
• Upload malicious code, viruses, or harmful content
• Impersonate any person or entity or misrepresent your affiliation
• Resell or redistribute our Service without written permission
• Use the Service to create a competing product or service

6. User Content and Documents

6.1 Your Uploaded Documents

When you upload RFP documents and responses to our Service, you retain all ownership rights to your content. You grant us a limited license to:

• Process and analyze your documents using our AI technology
• Generate audit reports based on your documents
• Store your documents temporarily for the purpose of providing the Service

6.2 Document Confidentiality

We treat all uploaded documents as confidential business information. We will not:

• Share your documents with third parties (except as required to provide the Service)
• Use your documents to train our AI models
• Disclose the contents of your documents without your consent

6.3 Automatic Document Deletion

For your security and confidentiality, we automatically delete all uploaded documents 90 days after your audit is completed. You may request earlier deletion by contacting us.

6.4 Your Responsibilities

You represent and warrant that:

• You have the right to upload and use all documents you submit
• Your documents do not violate any laws, regulations, or third-party rights
• Your documents do not contain classified or restricted government information
• You will comply with all applicable laws regarding the handling of sensitive information

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all software, algorithms, AI models, designs, text, graphics, logos, and other content (excluding your uploaded documents), is owned by BidGuard Solutions and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of our Service
• Use our trademarks, logos, or branding without written permission
• Remove or alter any copyright, trademark, or proprietary notices

7.2 Audit Reports

The audit reports we generate for you are licensed to you for your internal business use. You may use these reports to improve your RFP responses and submit them to contracting agencies as part of your proposals.

8. Service Availability and Turnaround Times

8.1 Service Availability

We strive to provide reliable and uninterrupted Service, but we do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to:

• Scheduled maintenance
• Technical issues or system failures
• Events beyond our reasonable control (force majeure)

8.2 Turnaround Times

Our standard turnaround time is 48 hours from the time you submit your documents and payment. Turnaround times are estimates and not guarantees. Actual delivery times may vary based on:

• Document complexity and length
• Current service demand
• Technical issues or unforeseen circumstances

If we anticipate a delay beyond our standard turnaround time, we will notify you promptly.

8.3 Rush Processing

Rush processing (24-hour turnaround) is subject to availability. We will confirm availability before accepting rush orders. Rush fees are non-refundable even if standard turnaround times are met.

9. Disclaimers and Limitations

9.1 No Warranty on Results

We do not warrant or guarantee that:

• Our audits will identify all compliance gaps or requirements
• Following our recommendations will result in contract awards
• Our reports will meet the specific requirements of any particular contracting agency
• The Service will be error-free or uninterrupted

9.2 Your Responsibility

You are solely responsible for:

• Reviewing and verifying all audit findings
• Making final decisions about your RFP responses
• Ensuring compliance with all applicable laws and regulations
• The accuracy and completeness of your submitted proposals

You should consult with legal, compliance, or other professional advisors as appropriate for your specific situation.

9.3 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" 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.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 Exclusion of Damages

IN NO EVENT SHALL BIDGUARD SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Lost profits or revenue
• Lost contracts or business opportunities
• Loss of data or information
• Cost of substitute services
• Business interruption

This limitation applies even if we have been advised of the possibility of such damages.

10.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $500, WHICHEVER IS GREATER.

10.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless BidGuard Solutions, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws, regulations, or third-party rights
• Your uploaded documents or content
• Your RFP submissions to contracting agencies

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

12.2 Informal Resolution

Before filing any formal dispute, you agree to contact us at hello@bidguardsolutions.com to attempt to resolve the issue informally. We will work in good faith to resolve any disputes.

12.3 Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as modified by these Terms.

The arbitration shall be conducted in [Your Location], and judgment on the arbitration award may be entered in any court having jurisdiction.

12.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

12.5 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date at the top of these Terms
• Sending you an email notification (for significant changes)

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us at hello@bidguardsolutions.com. Upon termination:

• Your access to the Service will be disabled
• We will delete your account information and uploaded documents in accordance with our Privacy Policy
• You will not be entitled to refunds for unused services

14.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You violate these Terms
• You engage in fraudulent, abusive, or illegal activity
• We are required to do so by law
• We discontinue the Service (with reasonable notice)

14.3 Effect of Termination

Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BidGuard Solutions regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15.6 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and BidGuard Solutions.

15.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations in your use of the Service.

By using BidGuard, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.