Terms and Conditions for BidSage

Last Updated: November 6, 2024

1. Introduction

Welcome to BidSage (the "Service" or "Platform"), operated by CloudGate Financial Group LLC ("CloudGate Financial" or "CFG"), a company incorporated under the laws of the Commonwealth of Virginia, with its principal place of business at 800 W Broad Street, Suite 100, Falls Church, VA 22046. These Terms and Conditions ("Terms") govern your access to and use of our website at www.bidsage.ai (the "Site") and all related services. By accessing or using any part of our Service, you enter into a binding agreement with CloudGate Financial and acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Acceptance of Terms

Your access to and use of BidSage is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using any part of our Service, you explicitly agree to be bound by these Terms. If you disagree with any part of these Terms, you must immediately discontinue access to and use of our Service.

3. Modification of Terms

CloudGate Financial maintains the right to modify or replace these Terms at our sole discretion. We will make reasonable efforts to provide notice of any substantial changes through prominent posting on our Site or by sending an email to the address associated with your account. Changes to these Terms become effective immediately upon posting to our Site. Your continued use of the Service following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for any updates or changes.

4. User Accounts and Responsibilities

4.1 Eligibility

To access our Service, you must be at least 18 years of age and possess the legal capacity to enter into binding contracts under applicable law. By creating an account, you represent and warrant that you meet all eligibility requirements. CloudGate Financial reserves the right to terminate any account that we determine, in our sole discretion, fails to meet these eligibility criteria.

4.2 Account Security

You are responsible for maintaining the confidentiality and security of your account credentials. Any activities that occur under your account will be attributed to you, and you accept all responsibility for these activities. You must immediately notify CloudGate Financial of any unauthorized use of your account or any other security breach. We strongly recommend using strong passwords and enabling any additional security features we may offer, such as two-factor authentication.

4.3 Account Information

You must provide accurate, current, and complete information when creating your account and keep this information updated throughout your use of the Service. We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that any information you provide is inaccurate, outdated, or incomplete. You agree to promptly update your account information to maintain its accuracy and completeness.

5. Use of the Service

5.1 Permitted Use

BidSage is designed specifically to assist users in identifying and preparing responses to Requests for Proposals (RFPs). You agree to use the Platform solely for this intended purpose and in a manner that complies with all applicable laws and regulations. When using our Service, you must respect the intellectual property rights of others and abide by any usage guidelines or documentation we provide.

5.2 Prohibited Activities

You explicitly agree not to engage in any of the following activities:

  • Attempting to gain unauthorized access to the Platform or other users' accounts
  • Using the Service to store or transmit malicious code, viruses, or other harmful content
  • Interfering with or disrupting the integrity or performance of the Service
  • Reverse engineering or attempting to extract the source code of our software
  • Using the Service for competitive analysis or unauthorized benchmarking
  • Sharing your account access credentials with third parties
  • Using the Service in any way that violates applicable laws or regulations

6. Intellectual Property Rights

6.1 Ownership

All aspects of the Platform, including but not limited to the software, algorithms, user interface, documentation, and any related materials, are the exclusive property of CloudGate Financial or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws. No ownership rights are transferred to you through your use of the Service. Any feedback, comments, or suggestions you provide regarding the Service may be used by us without any obligation to compensate you.

6.2 License Grant

Subject to your compliance with these Terms, CloudGate Financial grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for your internal business purposes. This license is specifically conditioned upon your adherence to these Terms and may be revoked at any time for violation of these Terms. You may not sublicense, resell, or otherwise transfer your rights to use the Service without our explicit written permission.

7. Privacy and Data Security

7.1 Data Collection and Use

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you acknowledge that you have read our Privacy Policy and consent to our data practices as described therein. You understand that any information you provide through the Service is subject to our Privacy Policy and these Terms.

7.2 Data Processing

We implement industry-standard security measures to protect your data. However, you acknowledge that no method of electronic storage or transmission is 100% secure. While we strive to protect your information, we cannot guarantee its absolute security. You are responsible for maintaining the security of any credentials used to access the Service and for all activities that occur under your account.

7.3 Data Rights

You retain all rights to any data you upload to the Service. By using the Service, you grant CloudGate Financial a worldwide, non-exclusive, royalty-free license to host, store, transfer, and display your data solely for the purposes of providing and improving the Service.

8. Fees and Payment

8.1 Service Fees

BidSage is a paid service with fees determined based on your selected service tier and features. All fees are stated in U.S. dollars and are exclusive of any applicable taxes. We reserve the right to modify our fees upon thirty (30) days' notice. Your continued use of the Service after a fee change becomes effective constitutes your agreement to pay the modified fees.

8.2 Payment Terms

You agree to provide valid payment information and authorize us to charge your chosen payment method for all fees incurred. Payments are due according to the billing terms established for your account. If your payment method fails or your account becomes delinquent, we reserve the right to suspend or terminate your access to the Service.

8.3 Refunds

All fees are non-refundable unless otherwise specified in writing by CloudGate Financial or required by applicable law. Cancellation of your account does not relieve you of the obligation to pay any outstanding fees incurred prior to cancellation.

9. Disclaimer of Warranties

9.1 Service Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CLOUDGATE FINANCIAL EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

9.2 Technical Warranty Disclaimer

We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. You are solely responsible for maintaining the security of your data and ensuring that your use of the Service does not violate any laws or regulations.

9.2 Technical Warranty Disclaimer

We do not warrant that the Service will be uninterrupted, error-free, or entirely secure. We do not guarantee that any specific results will be obtained from your use of the Service. You acknowledge that we do not control the transfer of data over communications facilities, including the Internet, and that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.

10. Limitation of Liability

10.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUDGATE FINANCIAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (c) ANY CONTENT OBTAINED FROM THE SERVICE; AND (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

10.2 Aggregate Liability

IN NO EVENT SHALL CLOUDGATE FINANCIAL'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO CLOUDGATE FINANCIAL FOR THE SERVICE IN THE LAST 12 MONTHS.

11. AI Technology Provisions

11.1 AI Processing Acknowledgment

You acknowledge that the Service utilizes artificial intelligence and machine learning technologies to analyze RFPs and generate insights. While we strive to provide accurate and helpful analysis, you understand that AI-generated results are assistive in nature and should not be relied upon as the sole basis for business decisions.

11.2 AI Output Disclaimer

The Service's AI-generated outputs are provided to assist in your RFP response process. You acknowledge that such outputs require human review and validation. CloudGate Financial makes no warranties regarding the accuracy, completeness, or appropriateness of AI-generated content for your specific needs.

12. Term and Termination

12.1 Term

These Terms will remain in effect until terminated by either you or CloudGate Financial. You may terminate these Terms at any time by discontinuing use of the Service and canceling your account. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

12.2 Effects of Termination

  • Your right to access and use the Service will immediately cease
  • You remain liable for all fees incurred prior to termination
  • Any provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability
  • You are responsible for extracting any data you wish to retain from the Service prior to termination

13. Governing Law and Jurisdiction

13.1 Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You agree that any dispute arising from or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Virginia.

13.2 Dispute Resolution

Before filing any formal legal action, you agree to first attempt to resolve any disputes informally by contacting us. All formal legal proceedings must be commenced within one year after the cause of action arises, otherwise, such cause of action is permanently barred.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms to which you agree when using particular elements of the Service, constitute the entire agreement between you and CloudGate Financial regarding the Service. These Terms supersede all prior agreements and understandings, whether written or oral.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

14.3 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

14.4 No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Contact Information

If you have any questions about these Terms, please contact us at:

CloudGate Financial Group LLC
800 W Broad Street Suite 100
Falls Church, VA 22046
Email: contact@cloudgatefinancial.com