Terms of Service

1.1 Agreement to Terms

By accessing, browsing, or using Bidara, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1.2 Eligibility

• You must be at least 18 years old to use our Service
• You must have the legal capacity to enter into binding agreements
• You represent that you are not barred from using the Service under applicable law
• If using on behalf of an organization, you have authority to bind that organization

1.3 Updates to Terms

We may modify these Terms at any time. Material changes will be communicated via email or prominent notice on our Service at least 30 days before taking effect. Continued use after changes constitutes acceptance of the updated Terms.

3.1 Account Creation

• Provide accurate, complete, and current information during registration
• Maintain and update your account information promptly
• Use a valid email address that you control
• Choose a secure password and keep it confidential

3.2 Account Security

You are solely responsible for maintaining the security of your account and all activities under your account. You must:

• Safeguard your login credentials and not share them with others
• Notify us immediately of any unauthorized access or security breach
• Log out of your account when using shared or public computers
• Enable two-factor authentication when available

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account at our discretion for violations of these Terms, illegal activity, or other conduct that may harm our Service or other users. You may terminate your account at any time through your account settings or by contacting support.

4.1 Permitted Use

You may use Bidara for legitimate business purposes related to creating proposals and RFP responses. You may also:

• Upload and store business documents and content
• Generate and edit proposal content using our AI tools
• Collaborate with team members in your workspace
• Export and share your created content

4.2 Prohibited Use

You agree NOT to:

5.1 Your Content

You retain ownership of all content you upload, create, or submit to Bidara ("Your Content"). By using our Service, you grant us:

• A limited, non-exclusive license to store, process, and display Your Content solely to provide our Service
• Permission to use Your Content for AI processing and content generation within your workspace
• Rights to backup and restore Your Content for service continuity
• Authority to share Your Content with team members you invite to your workspace

5.2 AI-Generated Content

Content generated by our AI tools based on your inputs ("AI-Generated Content"):

• Becomes your property once generated in your workspace
• May incorporate publicly available information and general knowledge
• Should be reviewed and validated before use in official proposals
• May not be used to claim ownership over AI training models or algorithms

5.3 Our Intellectual Property

The Bidara platform, including all software, algorithms, designs, and documentation, is our exclusive property. This includes:

• The Bidara name, logo, and branding
• User interface designs and user experience
• AI models, prompts, and training methodologies
• Software code, algorithms, and technical architecture
• Documentation, tutorials, and help materials

5.4 DMCA and Copyright Protection

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed, contact us at support@bidara.ai with a detailed notice including:

• Description of the copyrighted work claimed to be infringed
• Location of the allegedly infringing material
• Your contact information and electronic signature
• Good faith belief statement that use is not authorized
• Statement of accuracy and authority to act on behalf of copyright owner

6.1 Data Security Commitment

• Industry-standard encryption for data in transit and at rest
• Regular security audits and vulnerability assessments
• Role-based access controls and permission management
• Incident response procedures for security breaches

6.2 Data Processing and AI Training

• Your content is processed only to provide our Service to you
• We do not use your proprietary content for general AI model training
• Aggregated, anonymized usage patterns may inform platform improvements
• You can opt out of any data usage for AI improvements

7.1 Beta Pricing

During our beta period, Bidara is offered free of charge to all users. We will provide at least 30 days advance notice before implementing any billing or pricing changes.

7.2 Future Billing Terms

When billing is implemented:

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• Price changes require 30 days advance notice
• Overdue accounts may result in service suspension
• Taxes are your responsibility unless otherwise specified

7.3 Usage Limits

We may implement usage limits on AI generations, storage, or other features. Exceeding limits may result in additional charges or temporary service restrictions. We will notify you before implementing such limits.

8.1 Service Availability

• We strive for high availability but do not guarantee uninterrupted service
• Scheduled maintenance will be communicated in advance when possible
• Emergency maintenance may occur with limited notice
• Third-party service dependencies may affect availability

8.2 Customer Support

• Beta users receive priority support via email and in-app messaging
• Support is provided during business hours (Monday-Friday, 9 AM - 6 PM EST)
• Critical issues are addressed outside business hours when possible
• Support response times depend on issue severity and account type

8.3 Service Modifications

We continuously improve our Service and may add, modify, or discontinue features. Material changes affecting core functionality will be communicated with reasonable advance notice.

9.1 "AS IS" Service

BIDARA IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9.2 AI-Generated Content Disclaimers

• AI-generated content may contain errors, inaccuracies, or inconsistencies
• AI outputs should be reviewed and validated before use in official proposals
• We do not warrant the accuracy, completeness, or suitability of AI-generated content
• AI models reflect patterns in training data and may exhibit biases
• Generated content may not comply with specific industry regulations or requirements

9.3 Third-Party Content

We are not responsible for content, accuracy, or reliability of third-party information, integrations, or links that may appear in our Service.

9.4 Beta Service Limitations

As a beta service, Bidara may have bugs, limitations, or incomplete features. We appreciate your feedback but cannot guarantee specific functionality or performance levels.

10.1 Exclusion of Consequential Damages

IN NO EVENT SHALL BIDARA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Total Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 IF NO FEES WERE PAID.

10.3 Specific Disclaimers

• We are not liable for the failure to win proposals or business opportunities
• We are not responsible for decisions made based on AI-generated content
• We are not liable for data loss due to user error or system failures
• We are not responsible for third-party service integrations or failures

10.4 Time Limit for Claims

Any claim against us must be brought within one (1) year after the cause of action arises, or such claim will be permanently barred.

12.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at support@bidara.ai to seek informal resolution. We commit to working with you in good faith to resolve disputes.

12.2 Binding Arbitration

If informal resolution fails, any dispute will be resolved through binding arbitration rather than courts, except:

• Small claims court disputes (under applicable jurisdictional limits)
• Intellectual property disputes
• Requests for injunctive relief

12.3 Arbitration Procedure

• Administered by the American Arbitration Association (AAA)
• Conducted under AAA Commercial Arbitration Rules
• Single arbitrator selected through AAA procedures
• Location: Delaware, unless both parties agree otherwise
• Each party bears their own costs and attorneys' fees

12.4 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS-WIDE ARBITRATION.

14.1 Termination by You

• You may terminate your account at any time through account settings
• Termination is effective immediately upon account closure
• You remain responsible for any outstanding fees
• Export your data before termination - we cannot guarantee access afterward

14.2 Termination by Us

We may suspend or terminate your account for:

• Violation of these Terms or our policies
• Illegal or harmful activities
• Non-payment of fees (when billing is implemented)
• Extended inactivity (with advance notice)
• Business reasons (with 30 days notice when possible)

14.3 Effect of Termination

• Your right to use the Service ends immediately
• We will delete your data according to our retention policies
• Provisions that should survive termination remain in effect
• Outstanding obligations continue after termination

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the complete agreement between you and Bidara.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

15.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations to any party, including in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

Neither party is liable for delays or failures caused by circumstances beyond their reasonable control, including natural disasters, government actions, or third-party service failures.