1. Acceptance of Terms
By accessing or using BidGenie (the “Service”), you (“User” or “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and Versatile Technology Services Pty Ltd, ABN 92 653 713 994 (“BidGenie,” “we,” “us,” or “our”).
2. Description of Services
BidGenie provides an AI-powered bid management solution to assist users in creating and managing bids and proposals. The Service includes, but is not limited to, features such as automated data extraction, proposal generation templates, collaboration tools, and access to our knowledge base. Specific features available may vary depending on the subscription plan chosen (see Section 5). We reserve the right to modify or discontinue any aspect of the Service at any time without notice.
3. User Accounts and Responsibilities
To use the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to use the Service only for lawful purposes and in a manner consistent with these Terms. You agree not to: (a) violate any applicable laws or regulations; (b) infringe on the intellectual property rights of others; (c) use the Service to transmit or distribute harmful content; (d) attempt to gain unauthorized access to the Service or to any other user’s account; (e) interfere with the operation of the Service; or (f) use the Service in any way that could damage, disable, overburden, or impair our servers or networks.
4. Intellectual Property
BidGenie retains all rights, title, and interest in and to the Service, including but not limited to the software, algorithms, underlying technology, and any content generated by BidGenie. You retain ownership of any content you upload to the Service or create using the Service. However, by using the Service, you grant BidGenie a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, translate, and distribute such content solely for the purpose of improving the Service.
5. Payment and Fees
Your use of the Service is subject to the payment of applicable fees, as detailed on our pricing page. Fees are typically billed monthly or annually, depending on your selected plan. We accept various payment methods, as specified on our website. Late payments may be subject to penalties as outlined in our separate billing policies. Refunds are handled on a case-by-case basis and are subject to our refund policy.
6. Data Privacy and Security
We are committed to protecting your privacy. Our Privacy Policy, incorporated herein by reference, details our data collection, usage, and security practices. By using the Service, you agree to the terms of our Privacy Policy. We may use aggregated, anonymized data for the purpose of improving our Service and AI models.
7. Term and Termination
These Terms remain in effect until terminated by either party. You may terminate your account at any time by contacting us. We may terminate your account at any time for any reason, including but not limited to a breach of these Terms, non-payment, or suspected fraudulent activity. Upon termination, your access to the Service will cease.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE AI-GENERATED CONTENT.
9. Limitation of Liability
IN NO EVENT WILL BIDGENIE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE, EVEN IF BIDGENIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify and hold BidGenie harmless from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your infringement of any intellectual property rights of others.
11. Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising out of or related to these Terms will be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).
12. Modifications to Terms
We may modify these Terms from time to time. We will post the updated Terms on our website and notify you of any material changes. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.
13. Contact Information
If you have any questions about these Terms, please contact us at info@bidgenie.com.au
