These Terms of Service (“Terms”), together with any documents they expressly incorporate by reference, form a binding agreement between you and GovFetch, LLC, a Florida limited liability company (“GovFetch,” “Company,” “we,” “us,” or "our"), and govern your access to and use of the websites located at govfetch.com and beta.govfetch.com, together with all related content, functionality, features, tools, and services offered on or through them (collectively, the “Service").
GOVFETCH IS NOT AFFILIATED WITH, ENDORSED BY, SPONSORED BY, OR OPERATED BY THE UNITED STATES GOVERNMENT, ANY FEDERAL AGENCY, SAM.GOV, THE DLA INTERNET BID BOARD SYSTEM (“DIBBS”), THE DEFENSE LOGISTICS AGENCY, SIMPLER.GRANTS.GOV, OR THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. GOVFETCH DOES NOT SUBMIT BIDS, QUOTES, PROPOSALS, GRANT APPLICATIONS, REGISTRATIONS, OR FILINGS ON YOUR BEHALF AND IS NOT A PARTY TO ANY PROCUREMENT, CONTRACTING, OR GRANT PROCESS. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT ALL BID, PROCUREMENT, AND FUNDING DECISIONS ARE SOLELY YOUR RESPONSIBILITY.
PLEASE READ THESE TERMS CAREFULLY. SECTION 17 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY USING THE SERVICE YOU AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT AS SET FORTH IN SECTION 17.
By creating an account, accessing, or using the Service, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound by these Terms and acknowledge our Privacy Notice, available at govfetch.com/privacy and incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service. If you are using the Service on behalf of a business or other entity, you represent and warrant that you have authority to bind that entity to these Terms, and “you” refers to both you and that entity.
The Service is intended for organizational and professional use, including use by businesses, nonprofit organizations, educational institutions, and governmental or tribal entities. You represent and warrant that you are at least 18 years of age, are capable of forming a binding contract, and are using the Service for organizational or professional purposes and not for personal, family, or household purposes. You further represent that all information you provide during registration and account use is accurate, current, and complete, and that you will keep it current.
You further represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government restricted-party list, including OFAC's Specially Designated Nationals List or the U.S. Department of Commerce's Entity List.
1. Definitions
"AI Output” means scoring commentary, opinions, chat responses, or other content generated by the Service’s artificial intelligence features, including large language models operated by third-party providers.
"Feedback" means suggestions specifically concerning the design, operation, or improvement of the Service, including product feature requests. Feedback does not include your organizational-profile information, opportunity judgments, private notes, chat content, or confidential information merely because it is submitted through a feedback or support feature; such materials remain your User Content governed by Section 7.
"GovFetch,” “Company,” “we,” “us,” or “our” means GovFetch, LLC, the operator of the GovFetch Service.
“Match Score” means GovFetch’s assessment of an opportunity’s fit with a selected scoring profile (the organizational profile and scoring criteria against which opportunities are evaluated). Scores may incorporate rules-based analysis, AI-generated assessments, and personalization where enabled. Scores are decision-support tools and are not probabilities of eligibility, award, or success.
“Privacy Notice” means GovFetch’s privacy notice, available at govfetch.com/privacy, as updated from time to time.
“Profile Tuning” means the feature through which you submit judgments and structured reasons about opportunities that, where enabled, GovFetch uses to personalize future opportunity scores for the relevant scoring profile.
"Scoring Methodology" means the rules-based logic, weighting, formulas, prompts, algorithms, and related software GovFetch uses to generate scores, assessments, and AI Output.
"Service” means the websites located at govfetch.com and beta.govfetch.com, and all related content, features, tools, and services offered by GovFetch, including opportunity data aggregation and display, organizational profile management, opportunity scoring and personalization, where enabled, AI-generated commentary and chat features, and opportunity saving, marking, and organization tools.
"User,” “you,” or “your” means any person or entity that accesses or uses the Service.
“User Content" means any information you submit to or through the Service, including profile details, capabilities, certifications, preferences, markers, feedback text, support requests, and chat inputs.
2. Beta Service; Modifications; and Account Security
The Service is currently offered as a beta product. We reserve the right, in our sole discretion and without notice, to modify, update, suspend, or discontinue the Service or any feature or component - including the Scoring Methodology, AI features, or any underlying government data source - in whole or in part, and to impose limits on or restrict access to any User or feature. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service or any feature or data source thereof. If any feature is offered in a beta, pre-release, or pilot phase, you acknowledge that it may be incomplete, unstable, or subject to significant change without notice, and you assume all risk arising from your use of, or reliance on, any beta feature or any output generated thereby.
You are responsible for: (a) making all arrangements necessary for you to have access to the Service; and (b) ensuring that all persons who access the Service through your account or internet connection are aware of these Terms and comply with them.
To use the Service, you must register for an account and provide certain information. It is a condition of your use of the Service that all information you provide is correct, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, and you must notify us immediately of any unauthorized access to or use of your account. We use a third-party identity provider to authenticate accounts; your use of that provider’s sign-in service is also subject to its own terms.
Creating an account or completing a profile does not itself grant access to all Service features. Access to particular products or features may require beta approval, an access code, or other eligibility requirements and may be subject to usage limits.
Your permitted use of the Service includes discovering, reviewing, scoring, and organizing publicly available U.S. federal contracting and grant opportunities; building and managing an organizational profile describing your capabilities, certifications, and preferences; saving, marking, and providing feedback on opportunities; and using any AI assistant made available through the Service, in each case solely in connection with your lawful organizational or professional activities.
We have the right to disable any username, password, account, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms. You are responsible for keeping your credentials confidential, and you will not sell or transfer them to any other person or entity.
Any use of the Service other than as expressly authorized under these Terms is strictly prohibited.
3. Description of the Service
GovFetch helps users discover, review, score, and organize publicly available U.S. federal contracting and grant opportunities. The Service: (a) aggregates and displays opportunity data gathered from public government sources, currently including SAM.gov, DIBBS, and Simpler.Grants.gov; (b) allows you to build an organizational profile describing your capabilities, certifications, and preferences; (c) generates opportunity-fit scores that may incorporate rules-based analysis, AI-generated assessments, and personalization where enabled; (d) allows you to save and organize opportunities and submit judgments and structured reasons through Profile Tuning. Where enabled, Profile Tuning uses saved judgments and structured reasons to personalize future opportunity scores for the relevant scoring profile. You can change or remove saved judgments. Saving a judgment does not necessarily change an existing score immediately; and (e) may provide an AI assistant referencing your profile, activity history, and public opportunity material.
The Service does not, and is not intended to: (a) submit bids, quotes, proposals, grant applications, registrations, or filings on your behalf; (b) guarantee the eligibility, accuracy, completeness, timeliness, or currency of any opportunity, deadline, or requirement; (c) guarantee any outcome, award, ranking, or win probability; or (d) substitute for your own review of official government sources, or for legal, compliance, procurement, financial, or other professional advice.
Interface markers such as the “Green,” “Red,” and “Yellow” markers you apply to opportunities, judgments submitted through Profile Tuning, and numerical Match Scores or component scores help you organize and evaluate opportunities. Your saved markers and judgments are distinct from GovFetch-generated assessments. Scores reflect fit with the selected profile and available information and may change as that information changes. They do not create a binding obligation, establish eligibility, or guarantee an award or other procurement or funding outcome. You remain responsible for deciding whether to pursue an opportunity.
4. Government Data Sources; No Affiliation
You acknowledge and agree that GovFetch is an independent commercial service and is not affiliated with, endorsed by, sponsored by, or operated by the United States government, any federal agency, SAM.gov, DIBBS, the Defense Logistics Agency, Simpler.Grants.gov, or the U.S. Department of Health and Human Services. Government-source materials are identified by their source. GovFetch’s scores, summaries, commentary, and other analysis are independently generated and are not government determinations or endorsements.
Opportunity data displayed through the Service is aggregated from public government sources and may be incomplete, outdated, or inaccurate. In the event of any conflict between the Service and the official government source, the official government source controls, and you must independently verify all material details - including deadlines, set-aside status, and required documents - directly with the official source before relying on them.
The Service may retrieve, store, process, summarize, and display opportunity descriptions and attachments obtained from government sources. These materials may include content created or owned by third parties, including vendors or contractors. Availability through a government source or through GovFetch does not establish that material is in the public domain or authorize uses beyond applicable permissions.
GovFetch does not knowingly retrieve, store, process, or display classified information, Controlled Unclassified Information (CUI), export-controlled or ITAR-controlled technical data, or other legally restricted material, and does not access password-protected, authenticated, or otherwise access-limited government repositories (including document repositories accessible only after separate authentication) to populate the Service.
GovFetch may modify, discontinue, or lose access to any government data source at any time, including as a result of a change in that source’s own terms, technical availability, or policy.
5. AI-Generated Content
Certain features of the Service use artificial intelligence, including large language models operated by third-party providers, to generate scoring commentary, opinions, or chat responses (collectively, “AI Output”). You acknowledge and agree that: (a) AI Output is generated from information you provide and public opportunity data, and is provided for informational and drafting-assistance purposes only; (b) AI Output may be incomplete, inaccurate, outdated, or based on a misinterpretation of source material; (c) AI Output does not constitute legal, financial, procurement, compliance, or other professional advice of any kind; (d) you are solely and exclusively responsible for reviewing, verifying, and independently confirming any AI Output before relying on it or taking any business action; and (e) GovFetch makes no representation or warranty that use of AI Output will increase your likelihood of winning any contract or grant or achieving any other outcome, and has no liability for any loss arising from your reliance on it.
Depending on the features you use and the Service’s configuration, relevant information you provide, including onboarding answers, profile details, chat messages and context, and feature-request content, together with public opportunity information, may be transmitted to our third-party AI service providers for processing, as further described in our Privacy Notice.
6. Acceptable Use; Prohibited Uses
General. By accessing or using the Service, you agree to use it only for lawful purposes and in accordance with these Terms. You agree not to use the Service: (A) in any way that violates any applicable federal, state, local, or international law or regulation; (B) to transmit, or procure the sending of, any unsolicited advertising or promotional material; (C) to impersonate or attempt to impersonate GovFetch, any GovFetch employee, another User, or any other person or entity, including any government agency; (D) to imply, suggest, or represent that the Service, or any content on it, is affiliated with, endorsed by, or sponsored by any government agency unless such relationship actually exists; (E) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service or that may harm GovFetch or any User; (F) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way; or (G) to collect or harvest any personally identifiable information from the Service, including usernames, email addresses, or contact information of other Users, for any purpose not expressly permitted by these Terms.
Technical. You additionally agree not to: (A) use any robot, spider, scraper, crawler, or other automated device, process, or means to access the Service itself (as distinct from the Service’s own retrieval of public government data) without our prior written consent; (B) use any device, software, or routine that interferes with the proper working of the Service, or otherwise disable, overburden, damage, or disrupt the Service or any servers or networks connected to it; (C) attempt to gain unauthorized access to any part of the Service; or (D) introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful.
Service-Specific. You additionally agree not to: (a) submit false, misleading, or fraudulent organizational profile, capability, or certification information; (b) use the Service, or any data obtained through it, to circumvent the access terms, rate limits, or authentication requirements of any underlying government data source; (c) reverse engineer, decompile, or attempt to derive the Scoring Methodology of the Service; (d) resell, sublicense, or redistribute the Service or any government-sourced data obtained through it as a standalone data product; or (e) rely on the Service as a substitute for independently verifying an opportunity before submitting any bid, quote, or application.
Restricted Information. Do not submit classified information, Controlled Unclassified Information, export-controlled technical data, government-system credentials, or other information that you are not authorized to disclose to GovFetch and its service providers. The Service is not intended for storing or processing such information.
Content Standards. All User Content must comply with all applicable laws and must not: (A) be false, inaccurate, or misleading, including any misrepresentation of your organizational capabilities, certifications, or credentials; (B) infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person; (C) violate the legal rights (including rights of publicity and privacy) of others or give rise to any civil or criminal liability under applicable law; (D) contain any material that is defamatory, obscene, abusive, harassing, hateful, or otherwise objectionable; or (E) give the impression that it emanates from or is endorsed by GovFetch or any government agency if that is not the case.
GovFetch reserves the right, but assumes no obligation, to monitor, edit, remove, or refuse to display any User Content that it determines, in its sole discretion, violates these Terms or applicable law. Violation of these Terms may result in immediate suspension or permanent termination of your access to the Service, without notice and without liability to GovFetch.
7. Your Content and Profile Information
You retain ownership of your User Content. By submitting User Content to or through the Service, you grant GovFetch a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, and process your User Content solely to operate, maintain, personalize, and improve the Service for you and, in de-identified or aggregated form, to improve the Service generally. Following termination, this license continues only to the extent necessary for the purposes and retention periods described in the Privacy Notice or otherwise required or permitted by applicable law; provided that GovFetch may retain and use de-identified or aggregated information derived from your User Content on a perpetual basis, and may act on your documented instructions to export or transfer your profile information where reasonably practicable.
You represent and warrant that: (a) you own or control all rights in and to your User Content and have the right to grant the license described above; (b) your User Content is accurate and complies with these Terms and all applicable law; and (c) your User Content does not violate any third party’s intellectual property, privacy, publicity, or other rights.
GovFetch is not responsible or liable to any third party for the content or accuracy of any User Content submitted by you or any other User.
GovFetch may collect and compile data and information related to your use of the Service in an aggregated and de-identified manner (“Aggregated Statistics”) for purposes including statistical analysis, performance evaluation, and improvement of the Service’s scoring and other features. As between you and GovFetch, all right, title, and interest in Aggregated Statistics belong solely to GovFetch, provided that such Aggregated Statistics do not identify you personally.
8. Feedback
If you submit any Feedback through the Service, including through any public feature board, you hereby assign to GovFetch all right, title, and interest in and to the Feedback, or, if such assignment is not effective, you grant GovFetch a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use the Feedback for any purpose, without notice, restriction, obligation, or compensation to you. This Section 8 applies only to Feedback as defined in Section 1 and does not extend to your organizational-profile information, opportunity judgments, private notes, chat content, confidential support content, or other User Content, all of which remain governed by Section 7. Feedback submitted through any public feature board may be visible to other Users and may be reviewed or moderated using AI tools before display.
Support requests are not publicly displayed. When you submit an in-app support request, we attach relevant account, company, and profile information to help investigate it, as further described in our Privacy Notice.
9. Fees
The Service is currently provided free of charge during the beta period, and we do not currently process payments or store payment card information. If we introduce paid plans, any applicable fees will be disclosed before they are incurred, and subscriptions may automatically renew unless canceled in accordance with the cancellation procedure then in effect. We will provide advance notice and, where required by law, separate auto-renewal disclosures before any charge applies to your account.
10. Privacy
GovFetch processes personal data as described in the Privacy Notice, available at govfetch.com/privacy. By using the Service, you acknowledge the Privacy Notice. Where applicable law requires consent for particular processing, we will request that consent separately.
Data Security. GovFetch implements and maintains reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of personal information collected through the Service. In the event of a breach of security involving personal information, GovFetch will notify affected individuals in accordance with applicable law. You are responsible for maintaining the security of your account credentials and for promptly notifying GovFetch of any unauthorized access to your account.
11. Intellectual Property Rights; Trademarks
Company Intellectual Property. The Service and all related content, features, functionality, software, source code, object code, designs, layouts, text, graphics, logos, icons, Scoring Methodology, and other materials we create (excluding government-sourced data and your User Content) (collectively, the “Company IP”) are owned by GovFetch, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Except as expressly authorized under these Terms, no portion of the Company IP may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any manner without our prior written consent.
AI Output and Scoring Data. As between you and GovFetch, all Match Scores, AI Output, and other scoring data generated through the Service (collectively, "Scoring Data") are part of the Company IP. Your license to use Scoring Data is limited to your own organizational or professional purposes under these Terms. You must not use Scoring Data, whether individually or in the aggregate, to train, fine-tune, evaluate, or benchmark any artificial intelligence or machine learning model, or to develop any product or service that competes with the Service.
Limited License. Subject to your compliance with these Terms, GovFetch grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your own organizational or professional purposes as set forth in these Terms. This license does not include any right to: (i) sell or resell access to the Service; (ii) collect or use any Service content for any purpose other than as expressly contemplated by these Terms; or (iii) make any derivative use of the Service or the Company IP.
Trademarks. GovFetch, the GovFetch logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GovFetch or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
Reservation of Rights. GovFetch reserves all rights not expressly granted under these Terms. No rights are granted to you by implication, estoppel, or otherwise. Non-public aspects of the Scoring Methodology may constitute GovFetch trade secrets. You must not remove any proprietary notices from the Service.
You acknowledge that any breach of Section 6 (Acceptable Use; Prohibited Uses) or this Section 11 (Intellectual Property), including any misappropriation of the non-public aspects of the Scoring Methodology, may cause GovFetch irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, GovFetch shall be entitled to seek immediate injunctive relief in addition to any other remedy available at law or in equity, without the necessity of posting a bond, and without limiting GovFetch's right to pursue further relief.
12. Copyright Policy; DMCA Notice and Takedown
GovFetch respects the intellectual property rights of others and expects Users to do the same. GovFetch will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512.
Notification of Claimed Infringement. If you believe that any material on the Service (including content on any public feature board) infringes a copyright that you own or control, you may submit a written notification of claimed infringement (a “DMCA Notice”) to GovFetch’s Designated Copyright Agent identified below. To be effective, the DMCA Notice must substantially comply with 17 U.S.C. 512(c)(3) and include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material claimed to be infringing, with information reasonably sufficient to permit GovFetch to locate it; (iv) information reasonably sufficient to permit GovFetch to contact you, including your name, address, telephone number, and email address; (v) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the DMCA Notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Designated Agent. DMCA Notices should be sent to GovFetch’s Designated Copyright Agent: DMCA Agent, GovFetch LLC, 7901 4th St N STE 300, St. Petersburg, FL 33702, United States; Email: support@govfetch.com.
Counter-Notification. If you believe that material you posted to the Service was removed or disabled by mistake or misidentification, you may submit a written counter-notification (a “Counter-Notification”) to GovFetch using the contact information above that includes: (i) your physical or electronic signature; (ii) identification of the material that has been removed or disabled and the location at which it appeared before removal; (iii) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which GovFetch may be found), and that you will accept service of process from the person who provided the original DMCA Notice or an agent of such person.
Repeat Infringers. It is GovFetch’s policy, in appropriate circumstances and in its sole discretion, to disable or terminate the accounts of Users who are determined to be repeat infringers.
Misrepresentations. You acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages.
13. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.
YOUR USE OF THE SERVICE, INCLUDING ALL OPPORTUNITY DATA, SCORES, AND AI OUTPUT, IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, REGARDING: (A) THE ACCURACY, COMPLETENESS, OR CURRENCY OF ANY OPPORTUNITY, PROFILE, OR SCORING DATA DISPLAYED ON THE SERVICE, WHETHER SOURCED FROM A GOVERNMENT DATABASE OR SUBMITTED BY A USER; (B) THE ACCURACY, COMPLETENESS, LEGAL COMPLIANCE, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY AI OUTPUT; (C) THE CONTINUED AVAILABILITY OF ANY UNDERLYING GOVERNMENT DATA SOURCE; OR (D) THE SERVICE’S UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION, INCLUDING WITH RESPECT TO ANY BETA OR PRE-RELEASE FEATURE. WE ARE AN INDEPENDENT TECHNOLOGY SERVICE ONLY AND ARE NOT A PARTY TO ANY PROCUREMENT, CONTRACTING, OR GRANT PROCESS. YOU ASSUME ALL RISK ARISING FROM YOUR RELIANCE ON ANY CONTENT DISPLAYED ON THE SERVICE AND FROM YOUR USE OF ANY AI OUTPUT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW AND SUBJECT TO THE LIABILITY CAP SET FORTH BELOW, IN NO EVENT WILL GOVFETCH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, WE WILL HAVE NO LIABILITY WHATSOEVER FOR: (a) ANY INACCURACY, INCOMPLETENESS, OR OUTDATED INFORMATION IN ANY OPPORTUNITY, PROFILE, OR SCORING DATA DISPLAYED ON THE SERVICE, WHETHER SOURCED FROM GOVERNMENT DATABASES, USER CONTENT, OR OTHERWISE; (b) ANY BID, QUOTE, APPLICATION, OR OTHER BUSINESS DECISION YOU MAKE IN RELIANCE ON ANY SCORE, AI OUTPUT, OR OTHER SERVICE CONTENT, INCLUDING ANY FAILURE TO WIN A CONTRACT OR GRANT; OR (c) ANY CHANGE, INTERRUPTION, OR DISCONTINUATION OF ANY UNDERLYING GOVERNMENT DATA SOURCE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COLLECTIVE LIABILITY OF GOVFETCH AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES PAID BY YOU TO GOVFETCH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) $1,000.
NOTHING IN THIS SECTION LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR PERSONAL INJURY OR DEATH CAUSED BY GOVFETCH’S OWN CONDUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Indemnification
You agree to defend, indemnify, and hold harmless GovFetch, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) any misrepresentation of your organizational capabilities, certifications, or credentials in your profile or User Content; (c) your use of the Service, or any data obtained through it, to circumvent the access terms of any underlying government data source; (d) any bid, quote, application, or business decision you make based on the Service without independently verifying it against the official government source; or (e) your violation of any applicable law or any third-party right in connection with your use of the Service.
The foregoing indemnification obligations do not extend to any loss to the extent directly caused by GovFetch’s own gross negligence or willful misconduct. GovFetch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GovFetch, and you agree to cooperate with GovFetch’s defense of such claims. You agree not to settle any such matter without GovFetch’s prior written consent.
Public-Sector and Tribal Entities. If you are a governmental or tribal entity, your obligations under this Section 15 apply only to the extent you are permitted to indemnify a private party under applicable law, and nothing in this Section requires you to indemnify GovFetch beyond the limits of, or to waive any sovereign immunity except as expressly authorized by, applicable law.
16. Term; Suspension; Termination; and Survival
Termination by You. You may terminate these Terms at any time by ceasing all use of the Service and closing your account. You may close your account, and request deletion of your associated account data, using the account controls made available in the Service or by contacting us at support@govfetch.com. Closing your account is separate from discarding incomplete onboarding information; discarding or not completing onboarding does not by itself close your authentication account or delete your other workspace records. We will process account-closure and deletion requests as described in the Privacy Notice and applicable law. Termination does not relieve you of any obligation to pay any amounts accrued or payable before termination.
Termination by GovFetch. We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without cause, with or without notice, and without liability to you, including if we reasonably believe you have violated these Terms or engaged in fraudulent or abusive conduct, if your continued access poses a risk to the security or integrity of the Service, or if we discontinue the Service or any feature.
Effect of Termination. Upon termination for any reason: (i) all licenses granted to you under these Terms (other than as expressly provided herein) immediately terminate; (ii) you shall immediately cease all use of the Service; and (iii) GovFetch may delete or retain your User Content and account data in accordance with the Privacy Notice and applicable law.
Survival. The following provisions survive termination of these Terms: Section 1 (Definitions), Section 4 (Government Data Sources; No Affiliation), Section 5 (AI-Generated Content), Section 7 (Your Content and Profile Information, including the license grant, which survives only as and to the extent provided in that Section), Section 11 (Intellectual Property Rights; Trademarks), Section 12 (Copyright Policy; DMCA Notice and Takedown), Section 13 (Disclaimer of Warranties), Section 14 (Limitation on Liability), Section 15 (Indemnification), this Section 16, Section 17 (Dispute Resolution; Arbitration; Class Action Waiver), Section 18 (Governing Law and Venue), Section 20 (Miscellaneous), and any other provision that by its nature should survive termination.
17. Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND GOVFETCH ARE RESOLVED.
Agreement to Arbitrate. You and GovFetch agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use of the Service (each, a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect (the “AAA Rules”), as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Public-Sector and Tribal Users. If you are a governmental or tribal entity, the arbitration agreement, class-action waiver, and jury-trial waiver in this Section 17 apply to you only to the extent you are authorized to agree to them under applicable law. Nothing in these Terms constitutes a waiver of any sovereign immunity except as expressly authorized by applicable law. If you are legally prohibited from agreeing to binding predispute arbitration or to the class-action waiver, this Section 17 will not apply to you, and any Dispute will instead be resolved in the courts identified in Section 18, without prejudice to any immunity or defense otherwise available to you.
Informal Resolution. Before initiating arbitration, the parties shall first attempt to resolve any Dispute informally for at least thirty (30) days. To begin, you must send a written notice describing the Dispute and your proposed resolution to GovFetch LLC, Attn: Legal - Dispute Resolution, 7901 4th St N STE 300, St. Petersburg, FL 33702, with a copy by email to support@govfetch.com, and GovFetch will send any such notice to the email address associated with your account. Compliance with this informal-resolution requirement is a condition precedent to commencing arbitration, and any applicable statute of limitations and AAA filing-fee deadlines will be tolled during the informal-resolution period.
Arbitration Procedure. The arbitration will be conducted by a single arbitrator selected in accordance with the AAA Rules. The arbitration will be conducted in English and, unless the parties agree otherwise, in the county and state confirmed for venue under Section 18. The arbitrator will have authority to grant any relief that would be available in court under applicable law, except that the arbitrator may not award relief that would not be available to an individual party in such party’s individual capacity. Judgment on the award may be entered in any court having jurisdiction.
Class Action Waiver. YOU AND GOVFETCH EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. YOU AND GOVFETCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If this Class Action Waiver is found unenforceable as to any claim, that claim (and only that claim) shall be severed and may be brought in court, while all other claims shall remain subject to arbitration.
Mass Arbitration Coordination. The parties agree that the AAA’s Mass Arbitration Supplementary Rules (or any successor rules) will apply to any Mass Filing, and that this Section is intended to supplement, and not conflict with, those rules. A “Mass Filing” means one hundred (100) or more substantially similar claims submitted against GovFetch in arbitration by or with the assistance of the same law firm or coordinated group of representatives within a reasonable period. In a Mass Filing, the parties agree to the appointment of a Process Arbitrator to determine threshold administrative issues and to participate in any global mediation, in each case as provided under the applicable AAA rules, and either party may request that the AAA or the Process Arbitrator stay some or all filings pending resolution of those threshold issues. The parties shall cooperate in good faith to identify a reasonable, fair, and efficient procedure for resolving the Mass Filing, which may include staged or batched arbitration of bellwether cases, consolidated discovery, or other mechanisms agreed by the parties or determined by the Process Arbitrator or the AAA under the applicable rules. Any applicable statute of limitations will be tolled with respect to all claims in the Mass Filing during any such stay.
Opt Out. You may opt out of this arbitration agreement and class-action waiver by sending written notice to support@govfetch.com, with the subject line “Arbitration Opt-Out,” within thirty (30) days after the date you first accepted these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, this Section 17 will not apply to you, and any Dispute will be resolved exclusively in the courts identified in Section 18.
Exceptions. Notwithstanding anything in this Section 17 to the contrary: (i) either party may bring an individual action in small-claims court for any Dispute that qualifies, so long as it remains in small-claims court; (ii) either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights pending resolution by arbitration; and (iii) nothing in this Section 17 prevents either party from raising any issue before, or seeking relief from, any government agency that has authority to adjudicate such matters notwithstanding the parties’ agreement to arbitrate.
Severability of This Section. If any portion of this Section 17 (other than the Class Action Waiver) is found to be unenforceable, the unenforceable portion will be severed and the remainder will be enforced.
Survival. This Section 17 survives termination of these Terms and your relationship with GovFetch.
18. Governing Law and Venue
These Terms and any Dispute arising out of or related to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict-of-law rule or principle. Subject to Section 17 (Dispute Resolution; Arbitration; Class Action Waiver), any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction and venue of such courts.
19. Changes to These Terms
We may update these Terms from time to time. Updated Terms will identify their effective date. We will provide notice of material changes and, where required by law or by the agreement process presented in the Service, request your renewed acceptance before continued use. Other changes will take effect as stated in the updated Terms, subject to applicable law.
20. Miscellaneous
Waiver and Severability. No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions continue in full force and effect.
No Agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and GovFetch, and no party has authority to bind any other party in any manner.
No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective permitted successors and assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
Force Majeure. GovFetch will not be liable for any failure or delay in performance under these Terms to the extent caused by acts of God, natural disasters, pandemics, terrorism, riots, war, government action, labor disputes, internet or telecommunications failures, third-party service-provider failures, or other events beyond GovFetch’s reasonable control.
Assignment. These Terms are personal to you and may not be assigned or transferred by you without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, or sale of assets, and may delegate any of our obligations hereunder.
Entire Agreement. These Terms, together with our Privacy Notice, constitute the sole and entire agreement between you and GovFetch regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
Notices and Electronic Communications. By creating an account or providing an electronic address to GovFetch, you consent to receive communications from us electronically, including by email and in-Service notification. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal requirement that such communications be in writing. All communications relating to the Service should be directed to us through govfetch.com or the contact information in Section 21.
21. Contact
Questions about these Terms may be directed to support@govfetch.com.