Bidwerx End User Agreement (EULA)
Vista Techwerx LLC
Effective Date: February 12, 2025
This End User License Agreement ("Agreement") is a legal agreement between you ("User") and Vista Techwerx LLC ("Company"), an Ohio/United States corporation with its principal place of business at 500 Dan Reneau Drive #3159, Ruston, LA 71272.
By accessing or using the BidWERX platform ("Software"), you agree to be bound by this Agreement, our Terms of Use, and our Privacy Policy. If you do not agree, do not use the Software.
1. Liscense Grant
The Company grants the User a limited, non-exclusive, non-transferable, revocable license to access and use the Software for its internal business purposes, subject to the terms of this Agreement.
- Permitted Use: Preparation and management of bids, proposals, and related activities.
- Restrictions: The User shall not:
- Copy, modify, or create derivative works of the Software;
- Distribute, sell, sublicense, rent, or lease the Software;
- Reverse-engineer, decompile, or disassemble the Software;
- Use the Software to build a competing product or service.
2. User Obligations
- Account Security: Users are responsible for maintaining the confidentiality of account credentials.
- Compliance: Users shall comply with all applicable laws, this Agreement, our Terms of Use, and Privacy Policy.
- Acceptable Use: Users shall not use the Software for unlawful or prohibited activities.
3. Intellectual Property
The Company retains all rights, title, and interest in and to the Software and all related intellectual property. This Agreement does not grant any ownership rights to the User.
- Feedback: Any feedback provided by the User may be used by the Company without restriction or compensation.
4. Subscription and Fees
- Subscription Plan: Access to the Software requires a paid subscription according to the pricing plan selected by the User.
- Payment Terms: Fees are billed in advance and are non-refundable, except as required by law.
- Taxes: All fees are exclusive of applicable taxes, which are the User's responsibility.
5. Software Availability and Support
- Availability: The Company strives for high availability but does not guarantee uninterrupted access.
- Maintenance: The Company may perform maintenance with reasonable notice.
- Support: The Company will provide support as described in the Terms of Use or service documentation.
6. Data Privacy and Security
- Privacy Policy: Use of the Software is subject to the Company's Privacy Policy.
- Data Security: The Company implements industry-standard security measures to protect User data.
7. Term and Termination
- Term: This Agreement remains in effect while the User has an active subscription.
- Termination by User: Users may terminate their subscription at any time through their account settings.
- Termination by Company: The Company may suspend or terminate access for violations of this Agreement, our Terms of Use, or for non-payment.
- Effect of Termination: Upon termination, the User must cease all use of the Software, and access to User data may be restricted or deleted, subject to the Company’s data retention policy.
8. Warranties and Disclaimers
- No Warranties: The Software is provided "as is" and "as available" without warranties of any kind.
- Disclaimer: The Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the maximum extent permitted by law:
- Indirect Damages: The Company is not liable for any indirect, incidental, consequential, special, or punitive damages.
- Liability Cap: The Company's total liability shall not exceed the amount paid by the User in the twelve (12) months preceding the event giving rise to the claim.
10. Indemnification
The User agrees to indemnify, defend, and hold harmless the Company from any claims, damages, or expenses arising from the User's violation of this Agreement, our Terms of Use, or misuse of the Software.
11. Governing Law and Dispute Resolution
- Governing Law: This Agreement is governed by the laws of the State of Ohio, United States.
- Venue: Any disputes shall be resolved in the state or federal courts located in Ohio.
12. Miscellaneous
- Entire Agreement: This Agreement, along with the Terms of Use and Privacy Policy, constitutes the entire agreement between the Parties.
- Amendments: The Company may update this Agreement from time to time. Users will be notified of material changes.
- Severability: If any provision is found invalid, the remaining provisions will remain in full force and effect.
- No Waiver: Failure to enforce any provision of this Agreement is not a waiver of such provision.
13. Acceptance
By accessing or using the Software, the User acknowledges that they have read, understood, and agree to be bound by this Agreement, our Terms of Use, and our Privacy Policy.
12. Contact Information
Vista Techwerx LLC
500 Dan Reneau Dr., #3159
Ruston, LA 71272
info@vistatechwerx.com
Cross-References:
For full details of your rights and obligations, please also refer to our
- Terms of Use
- Privacy Policy
If you have any questions about this Agreement, please contact us at:
support@bidwerx.com