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    Terms of Service

    Last updated: April 19, 2026

    These Terms of Service ("Terms") govern your access to and use of the BidEngine platform and related services (the "Service") operated by BidEngine ("BidEngine", "we", "us", or "our"). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.

    1. Eligibility and Accounts

    You must be at least 18 years old and have authority to bind your business to enter these Terms. You agree to provide accurate registration information and to keep your account credentials confidential. You are responsible for all activity that occurs under your account.

    2. Subscription, Fees, and Billing

    Some features of the Service require a paid subscription or per-report fees. Pricing is shown in your account dashboard at the time of purchase. Fees are charged in advance and are non-refundable except where required by law or as expressly stated in our refund policy. We may change pricing on prospective subscriptions with notice.

    3. Acceptable Use

    You agree not to use the Service to:

    • Violate any law or third-party right;
    • Infringe intellectual property or privacy rights;
    • Upload malicious code or attempt to disrupt the Service;
    • Reverse engineer, scrape, or resell the Service without our written consent;
    • Use the Service to send spam or unsolicited communications.

    4. Customer Content

    You retain ownership of the data and materials you submit to the Service ("Customer Content"). You grant BidEngine a non-exclusive, worldwide license to host, process, and display Customer Content solely as needed to provide the Service. You represent that you have the rights necessary to upload Customer Content.

    5. Intellectual Property

    BidEngine and its licensors own all right, title, and interest in the Service, including all software, designs, and trademarks. We grant you a limited, revocable, non-transferable license to use the Service in accordance with these Terms.

    6. Third-Party Services

    The Service relies on third-party providers (such as payment processors and email providers) to deliver functionality. Your use of those providers may be subject to their own terms. See our Privacy Policy for the current list of sub-processors.

    7. SMS Program Terms

    Program name: BidEngine support SMS.

    Description: Two-way SMS support for BidEngine customers. By texting our published support number at +1 (510) 495-1921, you opt in to receive automated and human SMS replies from BidEngine for support and account-related purposes. You will only receive SMS in response to messages you send us; we do not send unsolicited marketing texts.

    Message frequency: Varies based on your support conversation — typically a few messages per conversation, only after you initiate.

    Message and data rates: Standard message and data rates from your carrier may apply. BidEngine does not charge for SMS itself.

    Support contact: Email support@bidengine.app for SMS program questions or any issue you cannot resolve over SMS.

    Opt-out: Reply STOP at any time to unsubscribe from BidEngine SMS. You will receive a confirmation message. After that you will not receive further SMS from this number unless you opt back in by texting START.

    Help: Reply HELP at any time for support program information and contact options.

    See our Privacy Policy for details on how SMS phone numbers and conversation data are handled.

    8. Termination

    You may close your account at any time. We may suspend or terminate your access if you violate these Terms, fail to pay fees, or for legal or operational reasons. On termination, your right to use the Service ends immediately. Sections that by their nature should survive will survive.

    9. Disclaimer of Warranties

    The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. BidEngine does not warrant that the Service will be uninterrupted, error-free, or that measurement reports will be free of inaccuracies.

    10. Limitation of Liability

    To the fullest extent permitted by law, BidEngine and its officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of $100 USD or the fees you paid us in the twelve (12) months preceding the event giving rise to the claim.

    11. Indemnification

    You will defend and indemnify BidEngine against any third-party claim arising from your Customer Content, your use of the Service in violation of these Terms, or your violation of applicable law.

    12. Changes to These Terms

    We may update these Terms from time to time. Material changes will be posted on this page with an updated "Last updated" date. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

    13. Governing Law

    These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of these Terms will be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

    14. Contact

    Questions about these Terms? Email us at support@bidengine.app.