Effective Date:
This End User License Agreement ("Agreement") is a legal agreement between you, the user ("User"
or
"You"), and RFP360.ai LLC ("Company," "We," "Our"), the provider of the RFP360.ai platform and
related
services ("Services").
By registering for or accessing RFP360.ai, you agree to the terms and conditions outlined in
this
Agreement. If you do not agree to these terms, do not use the Services. Use of the Services
constitutes
your acceptance of this Agreement.
1. Grant of License
1.1 License Grant: The Company grants you a limited, non-exclusive,
non-transferable
license to use the Services solely for your internal business purposes, and in compliance with
this
Agreement. This license is contingent upon your adherence to all terms herein.
1.2 License Restrictions: You shall not (i) sell, lease, sublicense, or
distribute the
Services; (ii) reverse engineer, decompile, or disassemble any part of the Services; (iii) use
the
Services for any illegal, fraudulent, or unauthorized purposes; (iv) violate the intellectual
property
rights of the Company.
2. User Responsibilities
2.1 Account Creation: You agree to provide accurate, up-to-date information
during
account registration and are responsible for maintaining the confidentiality of your account
credentials.
You are solely responsible for all activity that occurs under your account, regardless of
whether it is
authorized by you.
2.2 Compliance: You agree to use the Services in compliance with all applicable
laws and
regulations, including data privacy laws (such as GDPR, CCPA) and procurement laws that may
apply based
on your industry or location.
2.3 Prohibited Use: You shall not upload, transmit, or distribute content that
is
malicious, infringes intellectual property, or violates the privacy rights of third parties. The
Company
reserves the right to suspend or terminate access for any violation.
3. Data Privacy & Security
3.1 Data Collection & Use: The Company collects and processes personal and
business-related data in accordance with its Privacy Policy. The data may be used to improve the
Services,
conduct internal analyses, and ensure compliance with legal obligations. By using the Services,
you
consent to the Companyβs collection and processing of data as outlined in the Privacy Policy.
3.2 GDPR & CCPA Compliance: For users in the European Union (EU) or California
(USA), the
Company complies with the General Data Protection Regulation (GDPR) and California Consumer
Privacy Act
(CCPA). You have the right to request access to, correction, deletion, or restriction of your
personal
data in accordance with applicable laws.
3.3 Data Sharing: The Company does not sell or share personal data with third
parties
except when necessary to provide the Services or when required by law. Data may be shared with
vendors,
contractors, or service providers, but only under strict confidentiality and compliance with
relevant
data protection laws.
3.4 Security Measures: The Company employs industry-standard security measures
to protect
data, including encryption and access control. However, the Company does not guarantee the
absolute
security of your data and will not be held liable for any data breaches, unauthorized access, or
loss of
data.
4. AI-Specific Provisions
4.1 AI Usage & Decision-Making: The Services may include AI-powered tools to
assist with
RFP creation, response analysis, proposal evaluation, and scoring. By using these features, you
acknowledge that AI-generated outputs are not guaranteed to be free from errors, bias, or
inaccuracies,
and you agree to review AI-generated content before acting upon it.
4.2 Transparency & Explainability: The Company aims to provide transparency in
its AI
processes. However, AI algorithms may remain proprietary, and the Company makes no guarantees
regarding
the explainability or transparency of all AI-driven decisions.
4.3 AI Liability Disclaimer: The Company does not assume any liability for the
accuracy
or compliance of AI-driven outputs. Users are responsible for verifying the information and
decisions made
by AI. AI-generated decisions are suggestions, not final determinations.
4.4 Bias & Ethical Considerations: The Company regularly tests AI models for
fairness and
bias. However, users are advised that no AI system is completely free from potential biases. The
Company
shall not be held liable for any discriminatory or unfair outcomes resulting from AI decisions.
5. Intellectual Property
5.1 Ownership: All intellectual property rights, including but not limited to
software,
content, trademarks, and data, are owned exclusively by the Company. No rights are granted to
you except
as expressly outlined in this Agreement.
5.2 User Content: You retain ownership of content you upload to the platform. By
uploading
content, you grant the Company a non-exclusive, irrevocable, royalty-free license to use,
display, and
process such content for the purpose of providing the Services. You represent and warrant that
you have
all necessary rights to the content you submit.
6. Limitation of Liability
6.1 AI Decisions: You acknowledge and agree that the Company is not liable for
any direct
or indirect damages arising from reliance on AI-generated decisions or actions based on such
decisions.
6.2 No Guarantee of Success: The Company does not guarantee any specific outcome
from the
use of the Services, including but not limited to winning RFPs, contracts, or any form of
business
engagement.
6.3 Limitation on Liability: The Companyβs maximum liability to you for any
claim arising
from this Agreement or the use of the Services shall not exceed the amount you paid for the
Services
during the 12 months prior to the claim. The Company shall not be liable for any indirect,
special,
incidental, or consequential damages.
6.4 Force Majeure: The Company shall not be held liable for failure to perform
any
obligation under this Agreement if such failure is due to circumstances beyond the Company's
reasonable
control, including, but not limited to, natural disasters, government actions, or technical
issues.
7. Termination
7.1 Termination by User: You may terminate this Agreement at any time by closing
your
account. Upon termination, you will cease using the Services and destroy any content derived
from the
Services.
7.2 Termination by Company: The Company reserves the right to suspend or
terminate your
access to the Services at any time without notice, for any reason, including violation of the
terms of
this Agreement. The Company shall not be liable for any losses resulting from termination.
8. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers,
employees, and
agents from any third-party claims, damages, or liabilities arising out of (i) your use of the
Services,
(ii) violation of this Agreement, (iii) breach of any laws, or (iv) infringement of intellectual
property
rights.
9. Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of
[Insert
State], USA. Any disputes shall be resolved through binding arbitration in [Insert Location]. By
accepting
this Agreement, you waive any right to a trial by jury and agree to settle disputes in a manner
consistent
with this provision.
10. Miscellaneous
10.1 Entire Agreement: This Agreement constitutes the complete and exclusive
agreement
between the parties regarding the use of the Services and supersedes all previous agreements or
understandings.
10.2 Amendments: The Company reserves the right to modify or update this
Agreement at any
time. Users will be notified of material changes, and continued use of the Services after such
changes
constitutes acceptance of the updated terms.
10.3 Severability: If any provision of this Agreement is found to be invalid or
unenforceable, the remainder of the Agreement will remain in full force and effect.
By using the Services, you acknowledge that you have read, understood, and agree to be
bound by
this Agreement.
Please accept the terms to continue.