These Terms of Service (“Terms”) govern access to and use of the BidPointX platform, including InvenOps and any related websites, mobile applications, APIs, and services (collectively, the “Service”). The Service is provided by BidPointX LLC, a California limited liability company (“BidPointX,” “we,” “us,” “our”). Our contact information is in Section 21.
By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Who May Use the Service
Eligibility. You must be at least 18 years old and able to form a binding contract to use the Service.
Business Use. If you use the Service on behalf of a company or organization (“Customer”), you represent you have authority to bind that Customer.
Account Owner and Administrators. The person or entity that registers the account is the “Account Owner.” The Account Owner may designate administrators and users (“Authorized Users”).
2. Definitions
“Customer Data” means data, content, records, files, text, images, documents, and other information submitted to the Service by or on behalf of Customer, including data entered manually or imported and files uploaded (e.g., photos, PDFs).
“Usage Data” means technical and usage telemetry about how the Service is accessed and used (e.g., feature interactions, performance, device info, logs), excluding the substantive contents of Customer Data where feasible.
“De‑Identified Data” means data that has been aggregated and/or processed to remove direct identifiers such that it does not reasonably identify a specific person or Customer (see Section 10).
“Documentation” means any user guides, help articles, and technical documentation we provide.
“Order” means an order form, online checkout, subscription selection, or other agreement specifying plan, pricing, and term.
“Beta Features” means features labeled beta, preview, early access, or similar.
3. The Service
What We Provide. The Service is a SaaS platform that may include web and mobile applications and associated services such as storage, workflow tools, reporting, and integrations.
Changes. We may modify the Service, add or remove features, or change supported platforms. We will try to provide reasonable notice for material changes.
Availability. We aim to keep the Service available, but we do not guarantee uninterrupted access (see Section 15).
4. Accounts, Access, and Security
Account Registration. You must provide accurate information and keep it current.
Credentials. You are responsible for maintaining the confidentiality of usernames, passwords, API keys, and access tokens.
Authorized Users. You are responsible for your Authorized Users’ activities and compliance with these Terms.
Security Measures. We implement reasonable administrative, technical, and physical measures to protect the Service. No system is perfectly secure (see Section 10 and Section 15).
Suspicious Activity. You must promptly notify us of unauthorized access or security incidents.
5. Customer Data and Customer Responsibilities
Ownership. As between you and BidPointX, Customer (or its licensors) owns Customer Data.
Your Responsibilities. You represent and warrant that you have all rights and permissions necessary to submit Customer Data to the Service, including any personal information of employees, contractors, customers, or vendors.
Sensitive Data. Unless we expressly agree in writing, you will not submit:
- protected health information (HIPAA),
- cardholder data requiring PCI DSS storage,
- government IDs, biometric identifiers (except basic device biometrics for login, if applicable), or
- any other highly sensitive regulated data, unless the Service specifically supports it and you have a separate agreement with us.
Backups. You are responsible for maintaining your own backups of Customer Data as appropriate, though we may maintain backups for operational resilience.
6. License and Acceptable Use
License to Customer. Subject to these Terms and payment of applicable fees, we grant Customer a limited, nonexclusive, nontransferable, revocable license for Authorized Users to access and use the Service during the subscription term.
Restrictions. You will not (and will not allow others to): reverse engineer or attempt to discover source code (except where legally permitted), copy or create derivative works of the Service, circumvent plan limits or security, interfere with or disrupt the Service, use the Service to build a competing product, upload malware, or use the Service in violation of law.
API and Automation. If we provide APIs, you must follow our Documentation and rate limits. We may suspend API access for abuse or security reasons.
7. Third‑Party Services and Integrations
Third‑Party Services. The Service may integrate with third‑party services (e.g., payments, email, storage, accounting). Your use of third‑party services is governed by their terms.
No Responsibility for Third Parties. We are not responsible for third‑party services, their outages, or their data handling.
8. Fees, Subscriptions, Trials, and Taxes
Fees. Fees are described in your Order. Unless otherwise stated, fees are non‑refundable.
Trials / Promotions. We may offer free trials or promotional access. We may change or end promotional terms at any time unless prohibited by law or specified in writing.
Auto‑Renewal. Subscriptions renew automatically unless canceled before renewal.
Taxes. Fees do not include taxes. You are responsible for applicable taxes, except taxes based on our income.
Nonpayment. If payment fails, we may suspend access after reasonable notice and a short grace period.
9. Beta Features
Beta Is As‑Is. Beta Features are provided “as is,” may be incomplete, and may change or be discontinued.
No Guarantees. We do not guarantee Beta Features will be generally available or compatible with future releases.
10. Data Processing, De‑Identified Data, and Model Training
Providing the Service. We process Customer Data to operate, secure, and improve the Service (including troubleshooting, support, and performance).
De‑Identified Data. We may create and use De‑Identified Data from Customer Data and Usage Data for improving product performance and reliability, analytics/benchmarking/reporting, developing and improving algorithms (including machine learning models), and internal research and product development.
Sanitization Standard. De‑Identified Data is processed to remove or mask direct identifiers (such as names, emails, phone numbers, exact addresses) and to reduce re‑identification risk through aggregation and other technical controls.
No Identifiable Training Without Consent. We will not use identifiable personal information from Customer Data to train public or generally available models in a way that exposes Customer Data to other customers.
Opt‑Out (Optional). If we offer an opt‑out for De‑Identified Data training, instructions will be provided in the product or by contacting support. If you opt out, we may still use minimal data necessary to operate and secure the Service.
Feedback. If you submit feedback, you grant BidPointX a perpetual, irrevocable, royalty‑free license to use it without restriction.
11. Confidentiality
Confidential Information. Each party may receive confidential information from the other.
Obligations. The receiving party will protect confidential information and use it only to perform under these Terms.
Exclusions. Confidential information does not include information that is publicly available, independently developed, or rightfully received from another source.
12. Customer Communications and Electronic Notices
You consent to receive electronic notices related to the Service (account, security, billing). Marketing emails are optional and may be unsubscribed.
13. Publicity and Testimonials
We will not use your company name or logo in marketing without your permission, except we may identify you as a customer if you provide written consent. Testimonials are optional and must be approved by you before publication.
14. Suspension and Termination
By You. You may stop using the Service or cancel your subscription according to your plan terms.
By Us. We may suspend or terminate access if you violate these Terms, if required by law, or if continued operation poses security or legal risk.
Effect. Upon termination, your right to access the Service ends. We will handle Customer Data export/deletion consistent with Section 16 and our Privacy Policy.
15. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDPOINTX DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR‑FREE OR UNINTERRUPTED.
16. Data Export and Deletion
Export. During an active subscription, you may be able to export Customer Data using available tools.
Deletion. Upon cancellation or written request, we will delete Customer Data within a commercially reasonable timeframe (for example, within 30 days), except where we must retain data for legal compliance, dispute resolution, or security, and in backups that are retained for a limited period and overwritten on a standard cycle.
De‑Identified Data Survives. De‑Identified Data may be retained and used after deletion because it is not reasonably identifiable.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDPOINTX WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. BIDPOINTX’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO BIDPOINTX FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS).
18. Indemnification
You agree to indemnify and hold harmless BidPointX from claims arising from: (a) Customer Data, (b) your misuse of the Service, or (c) your violation of these Terms or law.
19. Governing Law
These Terms are governed by the laws of the State of California, excluding conflict of laws rules.
20. Dispute Resolution
Any disputes arising out of or relating to these Terms will be brought in state or federal courts located in California, and you consent to jurisdiction and venue there.
21. Contact and Notices
BidPointX LLC
Email: connect@bidpointx.com