fishbAIt Terms of Service and Subscription Agreement
This Agreement is between Fishbait Solutions LLC, a Louisiana limited liability company with its mailing address at 1004 Highway 1184, Cottonport, Louisiana 71327 (“fishbAIt,” “we,” “us”), and the business that accepts it (“Customer,” “you”). It governs your use of the fishbAIt service, which appears in the application as Bid Scout (the “Service”).
By clicking to accept, completing checkout, or using the Service, you accept this Agreement on behalf of the business you represent and confirm you are authorized to bind it. The Service is offered to businesses, not consumers. If you do not agree, do not use the Service.
1. What the Service is
fishbAIt collects publicly available government bid and procurement opportunities, compares them with the profile of your business that you build and approve, and presents the ones that appear to fit, with explanations, by web application and email. Where enabled, the Service also lets you ask questions about opportunities and receive answers drawn from stored records and the underlying solicitation documents.
The Service is a research and matching tool. It does not submit bids, does not represent you to any government body, and does not make decisions for you.
2. What the Service is not — please read this section carefully
2.1 No government affiliation. fishbAIt is not affiliated with, endorsed by, or acting for any federal, state, parish, or local government or agency. Opportunity information is gathered from public sources such as SAM.gov and state and local public-notice publications; the official solicitation issued by the government always controls, and you are responsible for reading it.
2.2 No eligibility determination. The Service does not determine, certify, or warrant that your business is eligible, qualified, licensed, responsible, or responsive for any opportunity. Requirements shown in the Service are extracted from source material and may be incomplete, out of date, or wrong.
2.3 No guarantee of results. Nothing in the Service is a promise that you will find, be awarded, or profit from any contract. Counts, demand figures, and recommendations describe what the Service found on the basis it states; they are not forecasts.
2.4 Automated content. Parts of the Service — summaries, explanations, classifications, extracted requirements, recommendations, and conversational answers — are produced by automated systems, including artificial intelligence, and are presented as your company’s named “agent.” The agent is software, not a person. No employee of fishbAIt reviews your account continuously unless you have purchased a service that expressly says so. Automated content can be inaccurate. You agree to verify anything you rely on against the official source.
2.5 Not professional advice. The Service is not legal, accounting, tax, licensing, bonding, insurance, or procurement advice. Consult the appropriate licensed professional.
3. Your account and your people
3.1 Accounts. You will provide accurate business information and keep it current. You are responsible for everyone who uses the Service under your account and for keeping their credentials secure. Tell us promptly at the address in Section 15 if you believe an account has been compromised.
3.2 Roles. Your account Owner controls billing and may add and remove users and assign roles that limit what each person can see and do. Actions taken by your users are attributed to your business.
3.3 Your profile is your responsibility. Matching depends on the profile of your business that you build and approve. You are responsible for its accuracy. The Service will propose changes to it from time to time; none takes effect until a person you authorize approves it, and facts that affect eligibility — licenses, certifications, purchased coverage — are never changed automatically.
4. Fees, billing, and automatic renewal
4.1 Fees. The fees for the Service are those shown at checkout: a one-time Agent Creation Fee and a monthly subscription, plus any coverage add-ons you select. Prices are stated in U.S. dollars and exclude taxes.
4.2 AUTOMATIC RENEWAL. THE SUBSCRIPTION RENEWS AUTOMATICALLY EACH MONTH AND YOUR PAYMENT METHOD IS CHARGED THE THEN-CURRENT MONTHLY FEE ON EACH RENEWAL DATE UNTIL YOU CANCEL. You can see your next charge and its date on your billing page at any time. You may cancel as described in Section 5.
4.3 Payment. Payments are processed by Stripe, Inc. Your card details are entered on Stripe’s secure pages and are never stored by fishbAIt. You authorize fishbAIt, through Stripe, to charge your payment method for the fees. Where fishbAIt has agreed in writing to bill you outside Stripe (for example by invoice), those terms apply to payment and this Section applies to everything else.
4.4 Price changes. We may change prices. A change to your monthly fee takes effect at your next renewal after we have given you at least thirty (30) days’ notice by email to your account Owner. Continuing to use the Service after the change takes effect is acceptance of the new price.
4.5 Failed payments. If a charge fails, we will notify you and retry. Your access continues during a grace period of ten (10) days from the failed charge. If payment is not made by the end of the grace period, your access may be limited until it is. You remain responsible for fees accrued.
4.6 Taxes. Fees exclude sales, use, and similar taxes. Where we are required to collect tax — including Louisiana state and local sales tax on digital products and services — it is calculated and added at checkout and on each invoice.
4.7 Complimentary periods and promotions. If fishbAIt grants you a complimentary period, waived fee, or promotional price, your billing page states what is waived and the date normal billing resumes. Unless we tell you otherwise in writing, billing resumes automatically at the then-current price on that date. A free opportunity scan is a one-time sample prepared on request; it is not a subscription, requires no payment method, and creates no obligation on either party.
5. Cancellation, term, and refunds
5.1 Term. This Agreement starts when you accept it and continues month to month until cancelled by either party.
5.2 Cancellation by you. You may cancel at any time from your billing page or by written notice to the address in Section 15. Cancellation takes effect at the end of the then-current monthly period — you will always be shown the date your access ends — and you will not be charged again after that date. Cancelling does not refund the current month.
5.3 The Agent Creation Fee. The Agent Creation Fee pays for building, calibrating, and activating your agent. Once your agent has been activated, that work has been performed and the fee is earned and non-refundable. If you cancel before activation, contact us; we will consider a refund of the unearned portion in good faith.
5.4 Cancellation or suspension by us. We may suspend or terminate your access if you materially breach this Agreement, fail to pay, use the Service unlawfully or to harm it or others, or if we discontinue the Service. Except where the cause is your breach, we will give you at least thirty (30) days’ notice of discontinuation and will not charge you for any period after your access ends.
5.5 After the end. When this Agreement ends, your right to use the Service ends. You may export your data before that date as described in Section 7, and for thirty (30) days afterward on request.
The Refund & Cancellation Policy restates this Section in plain language; where they differ, this Agreement controls.
6. Acceptable use
You will not: (a) use the Service to violate any law or the rights of others; (b) misrepresent your business, its licenses, certifications, or eligibility; (c) resell, sublicense, or provide the Service to third parties, or share one account among multiple businesses; (d) copy, scrape, or bulk-extract data from the Service other than through the export features we provide; (e) attempt to access another customer’s data or to circumvent security or usage limits; (f) reverse engineer the Service; or (g) use the Service to send unsolicited communications.
7. Your data
7.1 Ownership. Information you provide to the Service — your business profile, uploaded documents, notes, feedback, pipeline records, and conversation history — is yours. You grant fishbAIt a license to store, process, and display it only to provide and improve the Service for you and as described in the Privacy Policy.
7.2 Isolation. Your data is kept separate from every other customer’s. No other customer can see it.
7.3 Access, export, correction, and deletion. Your account Owner can review what the Service holds about your business, correct it, export it, and delete it from within the Service, subject to records we are legally required to keep (such as billing and audit records). We will tell you what must be kept and for how long.
7.4 Staff access. fishbAIt staff access your account only to provide support you have requested, to investigate a problem, or as required by law. Every such access is recorded and is visible to you while it is open.
7.5 Public opportunity data. Government opportunity information collected from public sources is not your data and is not confidential; it is shared across the Service.
7.6 Aggregated, de-identified information. fishbAIt may use information that does not identify you or your business — for example, how many customers hold a given license — to operate and improve the Service.
8. Confidentiality
Each party will protect the other’s non-public information with at least the care it uses for its own and will use it only for this Agreement. This does not cover information that is public, already known, independently developed, or required to be disclosed by law (with notice where permitted).
9. Security and breach notification
fishbAIt uses commercially reasonable administrative, technical, and physical safeguards to protect your data, including encryption in transit and at rest, access controls, and audit logging. No system is perfectly secure. If we discover a breach of security affecting personal information in your account, we will notify you without unreasonable delay in accordance with the Louisiana Database Security Breach Notification Law (La. R.S. 51:3071 et seq.) and other applicable law.
10. Intellectual property
fishbAIt owns the Service, its software, design, and content other than your data, and all related intellectual property. You receive a limited, non-exclusive, non-transferable right to use the Service during the term. Feedback you give us about the Service may be used by us without obligation.
11. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LOUISIANA LAW, FISHBAIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, AND ANY WARRANTY AGAINST REDHIBITORY DEFECTS UNDER LOUISIANA CIVIL CODE ARTICLES 2520 THROUGH 2548. FISHBAIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT OPPORTUNITY DATA WILL BE COMPLETE OR CURRENT, OR THAT AUTOMATED CONTENT WILL BE ACCURATE. YOU ACKNOWLEDGE THAT THIS DISCLAIMER HAS BEEN BROUGHT TO YOUR ATTENTION, THAT YOU HAVE READ IT, AND THAT IT IS PART OF THE BASIS OF THE BARGAIN.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) FISHBAIT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST CONTRACTS, LOST BIDS, LOST REVENUE, OR LOST DATA, ARISING FROM OR RELATED TO THE SERVICE OR THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) FISHBAIT’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID TO FISHBAIT FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Nothing in this Section limits liability that cannot be limited under Louisiana law, including liability for fraud, intentional or gross fault, or physical injury. The parties agree that these limits are a reasonable allocation of risk reflected in the price of the Service.
13. Indemnity
You will defend and indemnify fishbAIt against third-party claims arising from your data, your bids or contracts, your misrepresentation of your business, or your breach of this Agreement or applicable law.
14. Governing law and venue
This Agreement and any dispute arising from it or from the Service are governed by the laws of the State of Louisiana, including the Louisiana Civil Code, without regard to conflict-of-law rules. Each party agrees that the exclusive venue for any such dispute is the state courts sitting in Avoyelles Parish, Louisiana, or the United States District Court for the Western District of Louisiana, and submits to the personal jurisdiction of those courts. Before filing suit, each party agrees to give the other written notice of the dispute and thirty (30) days to resolve it in good faith.
15. Notices and contact
Notices to fishbAIt: Fishbait Solutions LLC, 1004 Highway 1184, Cottonport, LA 71327; email support@fishbaitai.com. Notices to you: the email address of your account Owner. Notices by email are effective when sent.
16. General
16.1 Changes to this Agreement. We may update this Agreement. Material changes take effect thirty (30) days after we notify your account Owner by email, except that changes required by law take effect as required. Continuing to use the Service after a change takes effect is acceptance of it.
16.2 Entire agreement; order of precedence. This Agreement, the Privacy Policy, and any written order or proposal signed by both parties are the whole agreement. A signed order controls over this Agreement where they conflict.
16.3 Assignment. You may not assign this Agreement without our written consent. fishbAIt may assign it in connection with a merger, acquisition, or sale of substantially all of its assets.
16.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of government data sources, hosting providers, or payment processors.
16.5 Electronic acceptance. This Agreement may be accepted electronically, and electronic acceptance has the same effect as a signature under the Louisiana Uniform Electronic Transactions Act (La. R.S. 9:2601 et seq.).
16.6 Severability; waiver. If any provision is unenforceable, the rest remains in effect. A party’s failure to enforce a provision is not a waiver of it.
16.7 Independent parties. The parties are independent contractors. Nothing here creates a partnership, agency, or employment relationship.
16.8 Survival. Sections 2, 5.3, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 survive termination.