These Terms of Use ("Terms") are a binding agreement between you and RFP Recon Inc., a Delaware corporation ("RFP Recon," "we," "us," or "our"), governing your use of the RFP Recon platform at app.rfprecon.com, the marketing website at rfprecon.com, and any related services we provide (collectively, the "Service").
By creating an account, clicking "I agree," or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility and Account Registration
The Service is intended for use by businesses pursuing United States federal government contracting opportunities. You must be at least 18 years old and authorized to bind the entity on whose behalf you register.
You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately at hello@rfprecon.com if you suspect unauthorized access.
2. The Service
RFP Recon provides software-as-a-service tools to help federal contractors evaluate solicitations, assess wired-RFP signals, identify incumbents, estimate probability of win, calculate expected value, and produce decision memos. The Service generates analytical output based on data you provide, public federal data sources, and third-party AI models.
Decision support, not professional advice. The Service provides decision support information. It is not legal advice, procurement advice, accounting advice, or investment advice. Outputs reflect modeled estimates and pattern detection, not certainty. You are responsible for your bid/no-bid decisions and for verifying any information before relying on it. Do not use the Service as your sole basis for any binding business decision.
3. Subscription Plans, Fees, and Payment
3.1 Plans
We offer the following plans, with current pricing posted at rfprecon.com/pricing:
- Pay As You Go: per-analysis pricing, billed at the time of each analysis.
- Growth: monthly or annual subscription with a defined analysis allotment and feature set.
- Enterprise: custom terms documented in a separate order form or agreement.
Plan features and credit allotments are described on our pricing page or in your order form, which is incorporated into these Terms.
3.2 Billing
Subscription fees are billed in advance on a monthly or annual basis. Pay As You Go fees are charged at the time of use. All fees are in U.S. dollars and are non-refundable except as expressly stated in these Terms or required by law.
You authorize us, through our payment processor Stripe, to charge your designated payment method for all fees. If a charge fails, we may suspend or terminate your access until payment is received.
3.3 Taxes
Fees are exclusive of taxes. You are responsible for any sales, use, value-added, or similar taxes, except for taxes based on our net income.
3.4 Cancellation
You may cancel a subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods or unused analysis credits, except where required by law.
3.5 Price Changes
We may change fees with at least 30 days' notice by email or in-product notification. Changes apply to the next billing cycle. If you do not agree with a change, you may cancel before the effective date.
4. Customer Data and License Grants
4.1 Definitions
"Customer Data" means any information you submit to the Service, including capability profile data, uploaded solicitations, configuration data, and the output of analyses you run.
"Service Output" means analyses, field reports, decision memos, and similar artifacts generated by the Service in response to your input.
4.2 Your Rights
You retain all ownership rights in Customer Data and Service Output. We claim no ownership of either.
4.3 License to Us
You grant us a limited, worldwide, non-exclusive license to host, copy, transmit, process, and display Customer Data and Service Output solely as necessary to provide and improve the Service to you, comply with law, and enforce these Terms. This license terminates when Customer Data is deleted from the Service in accordance with our Privacy Policy and retention practices.
We will not use Customer Data or Service Output to train AI models, market to your end users, or sell to third parties.
4.4 Your Warranties
You represent and warrant that you have the rights necessary to submit Customer Data to the Service and that your Customer Data does not violate any law, contract, or third-party right. You are responsible for ensuring that your submission of solicitations and capability information complies with any confidentiality or handling obligations applicable to that information.
4.5 Confidentiality of Customer Data
We will treat your capability profile data and any non-public Customer Data as your Confidential Information. We will use commercially reasonable measures to protect it from unauthorized access or disclosure and will not disclose it except as permitted by these Terms or our Privacy Policy.
5. AI-Generated Output
The Service uses third-party large language models to generate parts of the output. AI-generated content may contain errors, omissions, or inaccuracies, including incorrect identification of incumbents, misclassification of wired signals, or imprecise probability estimates. You should independently verify any output before relying on it for a material decision.
We do not warrant that AI-generated output is accurate, complete, current, or fit for any particular purpose. You are responsible for reviewing output before using it.
6. Acceptable Use
You agree not to:
- Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent permitted by law
- Scrape, harvest, or copy the Service or its output other than as permitted by these Terms
- Resell, sublicense, white-label, or otherwise commercialize the Service or Service Output without our written permission
- Use the Service to develop a competing product
- Upload malware, exploit code, or content that violates law or third-party rights
- Probe, scan, or test the vulnerability of the Service, or breach any security or authentication measure
- Use the Service in any way that interferes with or disrupts the Service or another user's use of the Service
- Misrepresent your identity, your company, or your authority to act on behalf of others
- Submit classified information, controlled unclassified information (CUI) that you are not authorized to share with our subprocessors, or information subject to ITAR, EAR, HIPAA, or similar regulations without first confirming our suitability in writing
- Use the Service to violate any law, including export control, anti-corruption, or sanctions law
We may suspend or terminate access for violations of this section.
7. Third-Party Services and Data Sources
The Service queries public federal data sources including SAM.gov, FPDS-NG, and USAspending.gov. These sources are operated by third parties and the United States government. We do not control their availability, accuracy, or terms of use. The Service may be degraded or unavailable when these sources are unavailable.
8. Intellectual Property
The Service, including all software, designs, models, prompts, methodologies, documentation, and content other than Customer Data and Service Output, is owned by RFP Recon and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term, solely for your internal business use and subject to these Terms.
The names "RFP Recon," the RFP Recon logo, and related marks are trademarks of RFP Recon Inc. You may not use them without our prior written consent.
8.1 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you. Feedback is provided voluntarily and is not Confidential Information.
9. Term and Termination
These Terms remain in effect while you use the Service. Either party may terminate at any time:
- By you: Cancel your subscription from account settings. Pay As You Go users may stop using the Service at any time.
- By us: We may suspend or terminate your access immediately for breach of these Terms, non-payment, suspected fraud or abuse, or as required by law. For non-breach reasons, we will provide 30 days' notice.
Upon termination, your right to access the Service ends. We will retain or delete Customer Data as described in our Privacy Policy. Sections that by their nature should survive termination will survive, including Sections 4, 5, 8, 10, 11, 12, 13, and 14.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, RFP RECON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR SERVICE OUTPUT WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PARTICULAR DECISION.
WIN PROBABILITY ESTIMATES, WIRED-RFP DETECTION, INCUMBENT IDENTIFICATION, EXPECTED VALUE CALCULATIONS, AND ALL OTHER OUTPUTS ARE MODELED ESTIMATES BASED ON AVAILABLE DATA AND ARE NOT GUARANTEES, PREDICTIONS, OR PROFESSIONAL ADVICE. ACTUAL OUTCOMES MAY DIFFER MATERIALLY.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) IN NO EVENT WILL RFP RECON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST OR INACCURATE DATA, LOST BUSINESS, LOST CONTRACTS, FAILED BIDS, OR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) RFP RECON'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS ($100) OR (ii) THE FEES YOU PAID TO RFP RECON IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limitations apply regardless of the legal theory and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Indemnification
You will defend, indemnify, and hold harmless RFP Recon and its officers, directors, employees, and agents from any claim, demand, damages, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data; (b) your use of the Service in violation of these Terms or applicable law; (c) your violation of any third-party right; or (d) any decision you or your organization make based on Service Output.
We will notify you of any claim subject to indemnification and reasonably cooperate in the defense. You will not settle any claim affecting our rights without our prior written consent.
13. Governing Law, Dispute Resolution, and Arbitration
13.1 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13.2 Informal Resolution
Before filing any formal action, the parties will attempt to resolve any dispute by good-faith negotiation. Send a written notice of the dispute to hello@rfprecon.com. The parties will then have 30 days to negotiate before either party may proceed.
13.3 Binding Arbitration
Any dispute, claim, or controversy arising out of or related to these Terms or the Service that is not resolved informally will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration will be conducted in Wilmington, Delaware, or by videoconference at the parties' election. The arbitrator's award will be final and binding and may be entered in any court of competent jurisdiction.
13.4 Class Action Waiver
YOU AND RFP RECON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
13.5 Exceptions
The arbitration requirement does not apply to: (a) claims that qualify for small-claims court in a venue where you or RFP Recon reside; or (b) actions for injunctive or equitable relief to protect intellectual property rights.
13.6 Opt-Out
You may opt out of the arbitration and class action waiver provisions by sending written notice to hello@rfprecon.com within 30 days of first agreeing to these Terms. Include your full name, account email, and a clear statement that you are opting out. Opting out does not affect any other provision.
14. General Provisions
Changes to These Terms. We may update these Terms from time to time. Material changes will be communicated by email to active customers or in-product notification at least 14 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service before the effective date.
Entire Agreement. These Terms, together with any order form, the Privacy Policy, and any documents expressly incorporated, are the entire agreement between you and RFP Recon regarding the Service and supersede all prior agreements on the subject.
Severability. If any provision is held invalid or unenforceable, the remaining provisions will continue in full force.
No Waiver. Failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets.
Force Majeure. Neither party is liable for failure or delay caused by events beyond reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, government action, internet or third-party service failures, or pandemics.
Notices. We may send notices by email to the address on your account, by posting in the Service, or by other reasonable means. You may send notices to hello@rfprecon.com.
Relationship. The parties are independent contractors. These Terms do not create an agency, partnership, joint venture, or employment relationship.
Beta Features. From time to time, we may offer features marked "beta," "preview," "early access," or similar. These features are provided "as is" without warranty and may change or be discontinued at any time.
Export Compliance. You will comply with all applicable export control and sanctions laws. You represent that you are not located in, and will not use the Service from, any country or region subject to U.S. embargo, and that you are not on any U.S. government list of restricted parties.
U.S. Government End Users. The Service is a "commercial product" as defined in FAR 2.101 and is licensed to U.S. Government end users with only those rights set forth in these Terms.
15. Contact
RFP Recon Inc. Email: hello@rfprecon.com