📄 Terms of Service – RFPWise.AI

1. Definitions

"Service" refers to the RFPWise.AI platform, including the website, web application, and all related services operated by BetaLaunch Labs Inc.

"Company," "we," "us," "our" refers to BetaLaunch Labs Inc., a corporation incorporated under the laws of Alberta, Canada.

"User," "you," "your" refers to any individual or entity accessing or using the Service.

"Content" refers to any data, files, documents, text, or other materials uploaded, generated, or processed through the Service.

2. Acceptance of Terms

By accessing or using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• You agree to be bound by these Terms and our Privacy Policy
• If using the Service on behalf of an organization, you have authority to bind that organization to these Terms

If you do not agree to these Terms, you must immediately cease using the Service.

3. AI-Generated Content and User Responsibility

3.1 Nature of AI-Generated Content

The Service uses artificial intelligence (AI) technologies to assist in drafting proposals. AI-generated output is produced by algorithms and may contain:

• Inaccuracies, errors, or omissions
• Outdated or incorrect information
• Content that does not meet specific RFP requirements
• Statements requiring verification or professional review
• Placeholders (including but not limited to "[USER INPUT REQUIRED]", "[TBD]", or similar indicators) that must be completed by you

3.2 User Responsibility for Content

You are solely and entirely responsible for:

• Reviewing all AI-generated content for accuracy, completeness, and compliance
• Verifying that proposals meet all RFP requirements, specifications, and deadlines
• Editing, correcting, and supplementing content as necessary
• Ensuring proposals comply with applicable laws, regulations, and professional standards
• Obtaining necessary professional reviews (engineering, legal, etc.) before submission
• Any consequences arising from submitting inaccurate, incomplete, or non-compliant proposals

3.3 No Professional Advice

The Service is a software tool only and does not constitute professional consulting, engineering, legal, financial, or business advice.

We do not:

• Review or verify the accuracy of AI-generated content
• Guarantee that proposals will meet RFP requirements
• Provide professional judgment or recommendations
• Assume responsibility for proposal quality or outcomes

You should always consult with qualified professionals before submitting any proposal.

3.4 No Warranties on Content

We make no warranties, express or implied, regarding:

• The accuracy, completeness, or suitability of AI-generated content
• Whether proposals will be accepted, successful, or compliant
• The quality, reliability, or fitness for any particular purpose of generated content

3.5 Limitation of Liability for Content

We are not liable for any damages, losses, or consequences resulting from:

• Inaccurate, incomplete, or non-compliant proposals
• Lost opportunities, rejected proposals, or failed contracts
• Reliance on AI-generated content without proper verification
• Failure to meet RFP requirements or deadlines
• Any professional, financial, or reputational harm

4. Data Privacy

We respect your privacy and handle data in accordance with our Privacy Policy, available at betalaunchlabs.com/privacy.

Key points:

• We do not use customer data to train or improve AI models
• Uploaded files are processed solely for generating your proposal
• Your data is not shared with third parties except as necessary to provide the Service (e.g., AI processing, payment processing)

5. Data Security

We implement reasonable security measures to protect your data, including:

• Encryption of files at rest (except short-lived temporary processing files)
• Secure transmission protocols
• Access controls and authentication

5.1 Security Limitations

However, no system is completely secure. We cannot and do not guarantee:

• Protection against all unauthorized access, disclosure, alteration, or destruction of data
• Prevention of all security breaches, cyber-attacks, or technical failures
• That the Service will be free from viruses, malware, or other harmful code

You acknowledge the inherent risks of transmitting and storing data over the internet.

5.2 U.S.-Based Infrastructure

The Service is hosted on cloud infrastructure based in the United States. By using the Service, you consent to the transfer, storage, and processing of your data in the United States.

6. Data Retention and Loss

6.1 Automatic Deletion

Encrypted session artifacts (uploaded files, generated proposals, metadata) are automatically purged after 24 hours by default. After deletion, data cannot be recovered.

6.2 User Responsibility to Download

You must download all files you wish to keep within the retention period. It is your sole responsibility to maintain backups.

6.3 No Liability for Data Loss

We are not responsible for any data loss, including but not limited to:

• User failure to download files within the retention period
• Technical failures, service interruptions, or system errors
• Accidental deletion by the user
• Loss of access credentials or login information
• Corruption, damage, or inaccessibility of data
• Any other cause, whether foreseeable or unforeseeable

6.4 Continuing Work with .wise Files

If you retain the .wise file generated by the Service, you may continue editing within your license period by re-uploading it. However, this does not extend our data retention obligations.

7. Prohibited Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Upload malicious code, viruses, or any content that may harm the Service or other users
• Infringe on the intellectual property rights, privacy rights, or other rights of any third party
• Attempt to reverse engineer, decompile, or otherwise derive the source code of the Service
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Use the Service to transmit spam, unsolicited communications, or fraudulent content
• Impersonate any person or entity or falsely represent your affiliation with any person or entity
• Attempt to gain unauthorized access to any portion of the Service or other users' accounts

We reserve the right to suspend or terminate your access for any violation of these prohibitions.

8. Intellectual Property

8.1 Company Ownership

All intellectual property rights in the Service, including its software, design, code, algorithms, documentation, logos, and trademarks, are owned exclusively by BetaLaunch Labs Inc. or our licensors.

8.2 User Content

You retain ownership of content you upload to the Service and proposals you generate. By using the Service, you grant us a limited, non-exclusive license to process your content solely for the purpose of providing the Service to you.

8.3 No License to Users

These Terms do not grant you any ownership rights or licenses to our intellectual property, except for the limited right to use the Service in accordance with these Terms.

9. Service Availability

We strive to provide continuous availability of the Service, but we do not guarantee uninterrupted or error-free access.

9.1 Maintenance and Downtime

The Service may be temporarily unavailable due to:

• Scheduled or emergency maintenance
• Software updates or upgrades
• Technical issues, server failures, or network problems
• Third-party service interruptions (AI providers, hosting, etc.)
• Force majeure events beyond our reasonable control

9.2 No Liability for Downtime

We are not liable for any damages, losses, or inconvenience resulting from Service unavailability, delays, or interruptions.

9.3 Modification or Discontinuation

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, and without liability to you or any third party.

10. Warranty Disclaimer

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components
• Warranties regarding the accuracy, reliability, completeness, or timeliness of content or results obtained through the Service
• Any warranties arising from course of dealing, usage, or trade practice

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the extent permitted by law.

11. Limitation of Liability

11.1 Exclusion of Damages

To the fullest extent permitted by law, BetaLaunch Labs Inc., its officers, directors, employees, agents, and affiliates shall not be liable for any:

• Indirect, incidental, consequential, special, exemplary, or punitive damages
• Loss of profits, revenue, business opportunities, data, goodwill, or anticipated savings
• Business interruption or loss of use
• Damages arising from proposals generated, submitted, or rejected
• Professional, financial, or reputational harm

This exclusion applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

11.2 Liability Cap

To the maximum extent permitted by law, our total aggregate liability to you for all claims arising from or related to the Service shall not exceed the greater of:

• The total amount you paid us in the 12 months immediately preceding the claim, OR
• CAD $100

11.3 Jurisdictional Limitations

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In such jurisdictions, our liability is limited to the extent permitted by law.

11.4 Essential Basis of Agreement

You acknowledge that the limitations of liability in this Section 11 are a fundamental basis of our agreement and that we would not provide the Service without these limitations.

12. Indemnification

You agree to indemnify, defend, and hold harmless BetaLaunch Labs Inc., its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable laws or regulations
• Your infringement of any intellectual property or other rights of any third party
• Content you upload, generate, or submit through the Service
• Any proposals you submit to clients or RFP issuers
• Any negligent or wrongful acts or omissions by you

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

13. Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to:

• AI model providers (e.g., OpenAI)
• Payment processors (e.g., Stripe)
• Cloud infrastructure providers (e.g., AWS)
• Other software and service providers

13.1 No Responsibility for Third Parties

We are not responsible for:

• The availability, accuracy, reliability, or performance of third-party services
• Any errors, interruptions, or data loss caused by third-party services
• The terms of service or privacy policies of third-party providers

13.2 Third-Party Terms

Your use of third-party services through the Service may be subject to separate terms and conditions and privacy policies of those third parties. You are responsible for reviewing and complying with such terms.

14. Payment and Refunds

14.1 Payment

Access to certain features of the Service requires payment. All fees are stated in the currency indicated at the time of purchase (typically USD or CAD).

• You agree to pay all fees associated with your use of the Service
• All fees are non-refundable unless otherwise stated in our Refund Policy
• We reserve the right to change our pricing at any time

14.2 Refunds

All sales are final unless otherwise stated in our Refund Policy, available at rfpwise.ai/refunds. We reserve the right to grant or deny refund requests at our sole discretion.

14.3 Taxes

You are responsible for any applicable taxes (sales tax, VAT, GST, etc.) associated with your purchase, except for taxes based on our net income.

15. Changes to Terms

We may update, modify, or replace these Terms at any time at our sole discretion.

• Updated Terms will be posted on this page with a revised "Last Updated" date
• Changes take effect immediately upon posting
• Your continued use of the Service after changes constitutes acceptance of the updated Terms
• If you do not agree to the updated Terms, you must cease using the Service

It is your responsibility to review these Terms periodically for changes.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal proceedings, you agree to first contact us at contact@betalaunchlabs.com to attempt to resolve any dispute informally through good-faith negotiation.

16.2 Binding Arbitration

If informal resolution fails within 30 days, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the ADR Institute of Canada.

• Arbitration shall take place in Calgary, Alberta, Canada (or virtually if both parties agree)
• The arbitration shall be conducted in English
• The decision of the arbitrator shall be final and binding
• Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise

16.3 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information without first engaging in arbitration.

16.4 Class Action Waiver

You agree to waive any right to participate in class action lawsuits or class-wide arbitration. All disputes must be brought on an individual basis.

16.5 Small Claims Court

Notwithstanding the arbitration requirement, either party may bring an individual action in small claims court if the claim qualifies.

17. Governing Law and Jurisdiction

These Terms and any disputes arising from or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles.

Subject to the arbitration provisions in Section 16, you agree to submit to the exclusive jurisdiction of the courts located in Calgary, Alberta, Canada.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while reflecting the original intent of the parties.

19. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and BetaLaunch Labs Inc. regarding the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

20. Waiver

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

21. Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign or transfer these Terms at any time without restriction, including to subsidiary entities, partners, or in connection with a merger, acquisition, reorganization, or sale of assets.

22. Contact Information

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

BetaLaunch Labs Inc.
Email: contact@betalaunchlabs.com
Website: rfpwise.ai

23. Acknowledgement