Terms of Use | Bid Banana

Effective date: September 5, 2026

These Terms of Use (“Terms”) govern your access to and use of the Bid Banana website at bidbanana.thebidlab.com and bidbanana.com and all related services (collectively, the “Services”), operated by Bid Lab Technologies, LLC (“Bid Banana,” “Company,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms on behalf of yourself and any organization you represent.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER (SECTION 24) THAT AFFECT YOUR LEGAL RIGHTS, LIMITS ON OUR LIABILITY (SECTION 18), AND IMPORTANT RESTRICTIONS ON YOUR USE OF OUR DATA (SECTION 12).

1. Definitions

“Account” means the account you register to use the Services.

“Affiliate” means any entity that controls, is controlled by, or is under common control with a party, including Bid Lab LLC and Bid Lab Technologies, LLC with respect to each other.

“AI Output” means proposal content, matching results, summaries, extracted information, and related outputs generated by artificial intelligence across the Services.

“API” means the Bid Banana application programming interface, through which you may access Bid Data programmatically (Section 9).

“API Key” means a secret credential we issue that authenticates requests made to the API under your Account.

“Bid Data” means the bid and contract opportunities, award data, vendor and company information, and related content and compilations made available through the Services.

“Credits” means the prepaid bid credits used to access the Self-Serve Tool.

“Self-Serve Tool” means the Bid Banana feature through which you generate AI Output.

“User Content” means documents, information, and other materials you upload or submit to the Services.

2. Acceptance of Terms

By accessing or using the Services, you accept these Terms without limitation. We may change these Terms from time to time as described in Section 25. Your use of the Services is subject to the most current version of these Terms. Additional policies referenced in these Terms — including our Privacy Policy, our AI Use Policy (Consulting Services), and our Self-Serve AI Use Policy — are incorporated by reference. The AI Use Policy (Consulting Services) governs Bid Lab’s consulting engagements and does not apply to the Self-Serve Tool; the Self-Serve AI Use Policy governs the Self-Serve Tool. If you do not agree to these Terms, do not use the Services.

3. Eligibility

Business and Commercial Use Only. You must be at least 18 years old and able to form a binding contract to use the Services. The Services are designed and made available exclusively for business and commercial purposes. The Services exist to help businesses and organizations identify, evaluate, and respond to government and commercial contract and bid opportunities — activities that are inherently commercial in nature and undertaken in the course of a trade, business, profession, or organizational mission. The Services are not intended for, directed to, or made available for personal, family, or household use.

By accessing or using the Services, you represent, warrant, and agree that: (a) you are using the Services solely for business or commercial purposes and not for any personal, family, or household purpose; (b) you are acting in the course of a trade, business, profession, or organizational activity; (c) if you are using the Services on behalf of an organization, you have the authority to bind that organization to these Terms, and “you” refers to both you individually and that organization; and (d) you meet all eligibility requirements set out above.

Because the Services are provided exclusively for business and commercial use, you acknowledge and agree that you are not a “consumer” for purposes of any consumer-protection law, and that consumer-protection laws and regulations that apply to transactions for personal, family, or household purposes do not apply to your use of the Services. This allocation reflects the commercial nature of the Services and the basis on which we make them available to you.

4. Description of the Services

Bid Banana provides the following, each subject to these Terms:

(a) Search — a subscription service to search, track, and manage government and other bid and contract opportunities and award data. Search includes tools to save and organize opportunities (including favorites and tracking), and uses artificial intelligence to match opportunities to your profile and stated interests, surface similar or related opportunities, and extract and summarize information from solicitation and opportunity documents. AI-assisted matching, similar-bid identification, and extracted or summarized information are automated outputs that may be incomplete or inaccurate; they are subject to the disclaimers in Sections 8 and 11 and to our AI Use Policies, and you remain solely responsible for independently verifying any opportunity, match, summary, or extracted detail against the original source before relying on it. Search subscriptions are governed by the billing terms in Section 7.

(b) Self-Serve Tool — a tool that uses artificial intelligence to analyze solicitations and generate draft proposal content (“AI Output”) in response to opportunities you select. The Self-Serve Tool builds and draws on a library of your own uploaded and generated content to surface relevant prior materials when producing new AI Output. It is accessed through prepaid Credits (Section 8). Because AI Output is generated by automated systems without human review and will contain errors, your use of the Self-Serve Tool is governed in detail by Section 8 and by our Self-Serve AI Use Policy, which you should read before relying on any AI Output.

(c) Company Directory — a directory in which businesses can create profiles to be discovered by, and can search for, potential partners, subcontractors, and buyers (Section 13). We may use artificial intelligence to suggest, rank, or facilitate matches between businesses, buyers, and partners based on profile information, activity, and opportunity data. Any such match suggestions are automated, are not endorsements or recommendations, and do not verify the suitability, qualifications, or legitimacy of any party; you are responsible for your own due diligence.

(d) AI Matching and Search Intelligence — The Search service uses artificial intelligence to match opportunities to your profile and interests, surface similar or related bids, extract and summarize information from solicitation documents, and generate other analytical outputs about opportunities. These AI features are subject to the same no-guarantee, accuracy-verification, and no-professional-advice limitations described in Section 8 and in our AI Use Policies, and you remain solely responsible for independently verifying any AI-derived matching, summary, or extracted information against the original source.

(e) API — programmatic access to Bid Data through the Bid Banana application programming interface (the “API”), offered as a subscription with a monthly record allowance. The API is governed in detail by Section 9. Bid Data you obtain through the API remains subject to the restrictions in Section 12, and API access grants no right to redistribute, resell, or build a competing or derivative dataset or service.

We may add, modify, suspend, or discontinue any part of the Services at any time as described in Section 20.

5. Accounts and Registration

To use certain features, you must register an Account and provide accurate, current information, including a user ID, password, company name, and email address, and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account, including by anyone you authorize. Notify us immediately of any unauthorized use. We are not liable for any loss arising from your failure to safeguard your Account.

Your right to use the Services is personal to you and your organization. You may not sublicense, transfer, sell, or assign your Account or these Terms without our prior written consent.

6. Accounts, Teams, and Credit Pools

Credits are held at the account level. Where an Account includes multiple authorized team members, Credits are shared across the Account, any authorized team member may purchase and consume Credits, and consumption is applied against the Account’s balance. You are responsible for managing your team members’ access.

7. Search Subscriptions; Billing, Renewal, and Cancellation

Search subscriptions are billed at the beginning of the service period. Upon successful payment, you receive access for that period.

Automatic Renewal. When you subscribe, you authorize us to automatically charge your payment method on each renewal date until you cancel. Your subscription renews on the anniversary of your enrollment unless you cancel before the start of the next billing cycle. We will notify affected subscribers of any future change to plans or renewal rates at least thirty (30) days in advance by electronic communication.

Cancellation. You may cancel at any time before the start of your next billing cycle. Open the account menu at the top right of Bid Banana, go to Account Settings > Billing, and select the cancel option for your subscription (labeled “Cancel Bid Banana Standard” or the name of your plan) at the bottom of the Billing page. Cancellation takes effect at the end of your current billing period: your subscription remains fully active until the next payment due date, and you may reactivate it at any time before that date. If you cannot locate the option, email [email protected] and we will cancel the subscription for you. Canceling your Search subscription does not cancel any separate API subscription (Section 9) and does not refund or expire any unused Credits (Section 8.5).

No Refunds. If you cancel during a subscription period, the remaining portion of the subscription fee will not be refunded.

8. The Self-Serve Tool

This Section governs your use of the Self-Serve Tool and supplements the rest of these Terms; if there is a conflict, this Section controls for the Self-Serve Tool.

8.1 Acknowledgment of AI-Generated Content. The Self-Serve Tool and certain other Services (including AI-assisted Search matching and information extraction) use artificial intelligence to analyze solicitations and generate AI Output. You expressly acknowledge and agree that:

(a) No human review. AI Output is generated by automated systems without review by any Bid Banana or Bid Lab employee or professional. Unlike The Bid Lab’s consulting services, no expert reviews Self-Serve work product. You are the sole reviewer.

(b) Errors are expected. AI Output is probabilistic and will contain errors, including factual inaccuracies, fabricated (“hallucinated”) information, omissions, incorrect interpretations of solicitation requirements, miscalculations, outdated information, and non-compliant or non-responsive content.

(c) Your responsibility to catch them. You are solely responsible for reviewing, verifying, fact-checking, editing, and correcting all AI Output before relying on it, submitting it, or using it for any purpose — including verifying compliance with all solicitation requirements, eligibility and certification criteria, formatting rules, and submission deadlines.

(d) No guarantees. We do not warrant that AI Output is accurate, complete, compliant, original, or fit for any purpose, and we do not guarantee any outcome, including that any proposal will be accepted, scored favorably, or awarded. All scores and verification tools used within the platform are internal working guidelines by us and you should not rely on them as an indication that your bid meets all the requirements of the solicitation and will be successful.

(e) Not advice. AI Output is a starting draft only and is not professional, legal, procurement, or compliance advice, and use of the Self-Serve Tool creates no advisory or professional relationship.

8.2 Your Content. You represent and warrant that you own or have all rights necessary to upload and use your User Content and to grant the licenses in Sections 8.3 and 8.7, that the User Content infringes no third party’s rights, and that the User Content does not violate any law or any confidentiality restriction — including any confidentiality restriction imposed by a third party or by the underlying solicitation — that would prohibit your use or our processing of it as contemplated by these Terms. We do not review User Content for accuracy, rights, or compliance, and we accept any document you upload at your direction and risk. You are solely responsible for the legality and accuracy of your User Content.

8.3 License to Provide the Services. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, and display User Content and AI Output solely to provide and support the Self-Serve Tool for you.

8.4 Ownership of Output. As between you and us, and subject to your payment of applicable fees, you own the final proposal content you create using the Self-Serve Tool. We retain all rights in the Services and the underlying software, models, and templates. You acknowledge that AI Output is generated using models that serve many users, that similar or identical AI Output may be generated for others, and that we make no representation that your AI Output is unique or protectable.

8.5 Bid Credits and Payment. Access to the Self-Serve Tool is provided through one-time purchases of Credits in the packs and at the prices shown at checkout. Credits: (a) are consumed when you create a bid project; (b) are non-refundable, except as provided below; (c) do not expire; (d) are not redeemable for cash; and (e) are tied to your Account. Abandoning or failing to complete a project does not entitle you to a refund or replacement Credit. If we terminate your access under Section 20 for reasons other than your breach of these Terms, we will refund the pro-rata value of your unused Credits. Pricing may differ for Search subscribers and non-subscribers. We may reclaim Credits and suspend access in the event of a chargeback, payment reversal, or suspected fraud. Applicable taxes are added at checkout.

8.6 No Guarantee; Your Compliance Responsibility. The Self-Serve Tool is a software tool, not a consulting, legal, or procurement-advisory service. We do not guarantee that any proposal will be compliant, responsive, accepted, or successful. You are solely responsible for ensuring your submission meets all requirements and deadlines of the applicable solicitation, including any procurement-integrity, conflict-of-interest, or organizational-conflict-of-interest rules applicable to your submission.

8.7 License to Operate and Improve the Self-Serve Tool. You grant us and our Affiliates a worldwide, royalty-free license to use, reproduce, and process User Content and AI Output to operate, develop, and improve our products and services, including to build and maintain a library of your content used to match relevant prior materials to new solicitations (“Your Library”) and to share content with our third-party artificial-intelligence providers solely to provide the Self-Service Tool’s features. We do not train or fine-tune any artificial-intelligence model of our own using User Content or AI Output, and our third-party providers do not use your content to train their own models. You represent and warrant that you have all rights necessary to grant this license, including with respect to any third-party or solicitation materials you upload. Please refer to our AI Use Policy and Privacy Policy for the most up-to-date information about how your data is used.

9. The Bid Banana API

This Section governs your access to and use of the API and supplements the rest of these Terms; if there is a conflict, this Section controls for the API. If you and we have entered into a separate written API agreement, that agreement controls to the extent it conflicts with this Section.

9.1 API Access and API Keys. API access is provided under a paid subscription to an API plan. On successful payment we provision an API account for you and issue one or more API Keys. An API Key authenticates as you and is equivalent to your Account credentials. You are responsible for keeping each API Key confidential, for all activity conducted with it — including activity by your personnel, contractors, and applications — and for creating and deleting keys in Account Settings > API. You may not share, sell, publish, or transfer an API Key, or embed one in client-side code or anywhere else a third party could extract it. Notify us immediately at [email protected] if you believe an API Key has been exposed, and delete the affected key. We may revoke any API Key we reasonably believe has been compromised or is being used in violation of these Terms.

9.2 Usage Allowance and Technical Limits. Each API plan includes a monthly allowance of records, as stated in your plan and in the API documentation. Records are counted per record returned, not per request, so a single request returning one hundred records consumes one hundred records of your allowance. When the allowance for a monthly period is exhausted, requests stop returning records until the next period begins; an exhausted allowance is not a failure of the Services and does not entitle you to any credit, extension, or refund. Unused allowance does not roll over. You may request a higher allowance at any time. Sustained high-volume use, redistribution, and any use beyond your plan require a separate written agreement with us. We may apply rate limits, request-size limits, and other technical controls, and may adjust them as reasonably necessary to protect the security, integrity, and availability of the Services.

9.3 Fees, Automatic Renewal, and Cancellation. API subscriptions are billed in advance for the full subscription term at the price shown at checkout, plus applicable taxes. When you subscribe, you authorize us to automatically charge your payment method on each renewal date until you cancel. Your API subscription renews automatically at the end of each term unless you cancel before the start of the next billing cycle. We will notify affected subscribers of any future change to API plans or renewal rates at least thirty (30) days in advance by electronic communication. You may cancel at any time before the start of your next billing cycle: open the account menu at the top right of Bid Banana, go to Account Settings > Billing, and select “Cancel Bid Banana API” at the bottom of the Billing page. Cancellation takes effect at the end of your current subscription term — your API access and API Keys remain active until that date and stop working when the term ends — and you may reactivate at any time before that date. If you cannot locate the option, email [email protected] and we will cancel the subscription for you. Canceling your API subscription does not cancel any Search subscription (Section 7).

9.4 No Refunds. API subscription fees are non-refundable. If you cancel during a subscription term, the remaining portion of the fee will not be refunded, and no partial-period, unused-allowance, or unused-month refund or credit is provided. If we terminate your API access under Section 20 for reasons other than your breach of these Terms, we will refund the pro-rata portion of your prepaid API subscription fee for the remainder of the then-current term. We may suspend or revoke API access in the event of a chargeback, payment reversal, or suspected fraud.

9.5 Permitted Use of API Data. Data you retrieve through the API is Bid Data and remains subject to Section 12. Subject to these Terms and to your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to retrieve and use Bid Data through the API solely for your own internal business purposes. Unless we expressly agree otherwise in a separate written agreement, you shall not: (a) republish, redistribute, resell, syndicate, sublicense, or otherwise make Bid Data available to any third party; (b) use Bid Data to build, train, populate, or operate any product, service, dataset, database, or artificial-intelligence model that competes with or is similar to the Services; (c) use the API to assemble a bulk or standing copy of the Bid Data, or retain Bid Data after your API subscription ends except as reasonably required by your own record-retention obligations; (d) use multiple accounts, multiple API Keys, or any other means to exceed or circumvent your usage allowance, any rate limit, or any other technical control; or (e) remove, obscure, or alter any attribution, identifier, or notice returned with a record. Where you surface an opportunity to your own audience, you must link to that opportunity on Bid Banana using the partner link returned with each record. If you wish to redistribute Bid Data or embed it in a product offered to others, contact us about a partnership before doing so.

9.6 Your Applications and End Users. You are solely responsible for any application, integration, or service you build using the API, for its security, and for the conduct of everyone you permit to use it. You must comply with all applicable laws in your use of the API and of any data obtained through it, and you must not use the API to transmit or process unlawful, infringing, or malicious content. If your application permits use by third parties, you remain fully responsible to us for their acts and omissions as if they were your own, and you will impose obligations on them at least as protective of us as these Terms.

9.7 Availability, Changes, and Support. The API is provided on an “as is” and “as available” basis and is subject to the disclaimers in Sections 10, 11, 17, and 18. We do not commit to any uptime, latency, response time, or other service level for the API unless we agree to one in a separate written agreement. We may modify, add, or remove endpoints, parameters, fields, and response formats, and may change or deprecate any version of the API, at any time. We will use commercially reasonable efforts to provide advance notice of a material breaking change by electronic communication. You are responsible for maintaining and updating your integration, and we are not liable for any failure of your integration resulting from a change to, or deprecation of, the API. API support is provided by email at [email protected] and is not a guaranteed service level.

9.8 Suspension. In addition to our rights under Section 20, we may throttle, suspend, or revoke your API access or any API Key immediately and without prior notice if we reasonably believe your use threatens the security, integrity, availability, or lawful operation of the Services, violates Section 12 or this Section 9, or exceeds your usage allowance. Where practicable, we will notify you and give you an opportunity to correct the issue.

9.9 Accuracy of API Data. Bid Data delivered through the API is subject to Section 11. Records may be incomplete, delayed, superseded, or inaccurate, and any AI-derived field — including matched, extracted, or summarized information — is subject to Section 10. You are solely responsible for verifying any record against the issuing authority’s original source before relying on it, and for any decision you or your end users make on the basis of it.

10. AI Output Disclaimer

Without limiting Section 17, we specifically disclaim any warranty that AI Output will be accurate, complete, current, original, non-infringing, compliant with any solicitation, or fit for any purpose.

11. Bid Data: Accuracy and Independent Verification

The Services aggregate Bid Data from many sources, including public and third-party sources that we do not control. We provide Bid Data on an “as is” basis and do not verify it. Bid Data may be incomplete, inaccurate, outdated, duplicated, mis-categorized, or, in some cases, fabricated or false, and may not reflect the current status of any opportunity. Deadlines, dates, contacts, requirements, eligibility criteria, and other details may be wrong or may change without notice.

You are solely responsible for independently verifying all Bid Data — including the existence, status, requirements, and submission deadlines of any opportunity — directly with the issuing agency or original source before relying on it or taking any action. We are not affiliated with, endorsed by, or acting on behalf of any government agency or other source. The inclusion of any opportunity, award, or entity in the Services is not an endorsement and does not mean it is open, valid, accurate, or available. To the maximum extent permitted by law, we are not liable for any decision made, action taken, opportunity missed, or loss incurred in reliance on Bid Data.

12. Proprietary Data; Restrictions on Use

The Services, including all Bid Data, compilations, databases, software, text, and other content, are owned by Bid Lab Technologies, LLC or its licensors and are protected by intellectual-property and other laws. We retain all rights not expressly granted. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Bid Data solely for your own internal business purposes within the Services.

You shall not, and shall not permit any third party or automated system to:

(a) access, copy, scrape, crawl, harvest, index, spider, or extract Bid Data or any portion of the Services by automated or manual means, except through functionality we expressly provide;

(b) bulk download, reproduce, store, or compile Bid Data, or create any database or dataset derived from the Services;

(c) use, distribute, sell, resell, rent, lease, sublicense, publish, or otherwise make the Services or Bid Data available to any third party, or use them for any purpose external to your own internal business use;

(d) use the Services or Bid Data to build, train, develop, or operate any product, service, dataset, database, or machine-learning or artificial-intelligence model that competes with or is similar to the Services;

(e) reverse engineer, decompile, disassemble, or attempt to derive the source code or structure of any part of the Services;

(f) share, sell, or transfer your Account credentials, access the Services through another user’s credentials, or circumvent or attempt to circumvent any access control, paywall, rate limit, login requirement, or security measure;

(g) remove, obscure, or alter any proprietary or copyright notice; or

(h) frame, mirror, or otherwise replicate any part of the Services.

We may monitor use of the Services to detect and prevent prohibited activity, and may throttle, suspend, or terminate access for actual or suspected violations. You acknowledge that any violation of this Section would cause us irreparable harm for which monetary damages are inadequate, and that we are entitled to seek injunctive and other equitable relief, without the need to post a bond, in addition to any other remedies available at law or in equity.

13. Company Directory and Vendor Profiles

If you create a company profile, you are responsible for the accuracy of the information you provide, and you may control what is shown publicly through your visibility settings. Profile information you make visible is publicly discoverable by other users of the Directory and is not limited to parties you directly contact. Interactions between buyers and vendors arising from the Directory — including invitations to bid, requests for proposals, reference checks, and any resulting engagement — currently take place off-platform and are solely between the parties involved. We do not verify references, do not vet the parties, and are not responsible for any loss or dispute arising from those interactions. Reference verification is the responsibility of the contacting party and occurs off-platform. The appearance of any company in the Directory or in search results is not an endorsement by us.

14. Acceptable Use

You agree not to: (a) use the Services for any illegal purpose or in violation of any law, including intellectual-property, privacy, and export laws; (b) infringe, defame, harass, threaten, defraud, or violate the rights of others; (c) upload content you do not have the right to upload, or content that is unlawful, infringing, or malicious (including malware); (d) interfere with, disrupt, or impose an unreasonable load on the Services or their infrastructure; or (e) attempt to gain unauthorized access to any account, system, or data. We may, in addition to other remedies, limit, suspend, or terminate your access for any breach. (Restrictions specific to our data and intellectual property are set out in Section 12.)

14.1 Monitoring and Analytics

You acknowledge and agree that we and our Affiliates may monitor, log, and analyze your use of the Services — including User Content, AI Output, Self-Serve Tool projects and inputs, Bid Data queries, Directory activity, and related account and usage data — for the purposes of: (a) verifying and enforcing compliance with these Terms and applicable law, including the restrictions in Section 12 and this Section 14; (b) detecting, investigating, and preventing fraud, abuse, security incidents, and unauthorized access; (c) analyzing usage patterns to operate, maintain, secure, and improve the Services; and (d) product development and improvement, including of the Self-Serve Tool. This Section does not create any obligation on our part to monitor, and nothing in this Section constitutes review of AI Output or User Content for accuracy, compliance, or fitness for any purpose — Section 8.1 continues to govern the Self-Serve Tool. If we introduce messaging or other communication tools between users, use of those tools will be subject to additional notice describing our access to and monitoring of that content. Our collection, use, and disclosure of personal information in connection with this monitoring is described in our Privacy Policy.

15. Feedback

If you provide suggestions, ideas, or feedback about the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the Feedback for any purpose without restriction or obligation to you.

16. Content Removal; Copyright

We may, but are not obligated to, review, monitor, or remove any User Content or company profile at our discretion, including content we believe violates these Terms or any right of any person. If you believe content on the Services infringes your copyright, send a notice containing the information required under the Digital Millennium Copyright Act to the contact in Section 27; we will respond in accordance with applicable law and may remove infringing content and terminate repeat infringers.

17. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL BID DATA AND AI OUTPUT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY RESULTS, BID DATA, OR AI OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE. ANY MATERIAL OBTAINED THROUGH THE SERVICES IS USED AT YOUR OWN RISK. SOME FEATURES MAY BE OFFERED ON A BETA OR EVALUATION BASIS, MAY CONTAIN ERRORS, AND MAY BE CHANGED OR DISCONTINUED AT ANY TIME; SUCH FEATURES ARE PROVIDED “AS IS” WITH NO WARRANTY.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OR UNSUCCESSFUL BIDS, LOST BUSINESS, LOST DATA, OR PROCUREMENT PENALTIES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR AS OTHERWISE PROHIBITED BY APPLICABLE LAW:

(a) Self-Serve Tool. Our total cumulative liability arising out of or relating to the Self-Serve Tool will not exceed the amount you paid for the Credit(s) applied to the project giving rise to the claim.

(b) Other Services. Our total cumulative liability arising out of or relating to the other Services will not exceed the amounts you paid us for those Services in the three (3) months before the event giving rise to the claim.

The existence of more than one claim will not enlarge these limits.

19. Indemnification

You agree to indemnify, defend, and hold harmless Bid Lab Technologies, LLC, its Affiliates, and their respective officers, employees, and agents from any claim, demand, loss, or expense (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your use of or reliance on AI Output or Bid Data; (c) your use of the Services; (d) your violation of these Terms or any applicable law or any solicitation’s rules; or (e) your interactions with other users. We may assume the exclusive defense of any matter subject to indemnification, at your expense, and you will cooperate. You will not settle any matter without our prior written consent.

Legal Proceedings, Testimony, and Cooperation. We are under no obligation to participate in, provide testimony for, produce documents in connection with, or otherwise support any litigation, arbitration, government investigation, audit, or other legal or administrative proceeding involving you or your use of the Services. If you request such assistance, we may, in our sole discretion, agree to provide it pursuant to a separate written agreement and on terms of compensation mutually agreed upon in advance, including reimbursement of our reasonable costs, attorneys’ fees, and staff time.

If we or our Affiliates are compelled by subpoena, court order, discovery request, or other legal process to produce documents, provide testimony, or otherwise respond in connection with any proceeding arising out of or relating to your use of the Services (other than a proceeding in which we assert a claim against you), you agree to reimburse us for the reasonable costs we incur in responding, including reasonable attorneys’ fees, staff time, and related expenses.

20. Term and Termination

These Terms remain in effect while you use the Services. We may suspend or terminate your access at any time for any reason, including for any violation of these Terms, and we may modify, suspend, or discontinue any part of the Services at any time. Upon termination, your right to use the Services ends immediately, subject to the refund provision in Section 8.5. Sections that by their nature should survive termination will survive, including Sections 8.4, 8.5, 9.4, 9.5, 10, 11, 12, 14.1, 15, and 17 through 27.

21. Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, labor disputes, internet or utility outages, third-party service or data-source failures, cyberattacks, or governmental actions.

22. Time to Bring Claims

To the extent permitted by law, any claim or cause of action arising out of or relating to the Services or these Terms must be filed within one (1) year after it arose, or it is permanently barred.

23. Export and Sanctions Compliance

You represent that you are not located in, and will not use the Services in or for the benefit of, any country, person, or entity subject to U.S. embargoes or sanctions, and that you are not on any U.S. government restricted-party list. You will comply with all applicable export-control and economic-sanctions laws.

24. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. It requires you and us to resolve disputes through binding individual arbitration and contains a class-action waiver.

24.1 Informal Resolution. Before initiating arbitration, the complaining party must send a written Notice of Dispute describing the claim and the relief sought to the other party (to us at the address in Section 27). The parties will attempt to resolve the dispute informally for thirty (30) days.

24.2 Binding Arbitration. If the dispute is not resolved, it will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, by a single arbitrator, on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction.

24.3 Class-Action Waiver. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU AND WE WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

24.4 Jury-Trial Waiver. TO THE EXTENT ANY DISPUTE IS NOT ARBITRATED, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.

24.5 Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court for intellectual-property, data-misuse (Section 12), or confidentiality matters.

24.6 Mass Filings. If twenty (20) or more similar arbitration demands are filed by or on behalf of claimants represented by the same or coordinated counsel within a ninety (90) day period, the parties agree that claims will be resolved through a batched/bellwether process, with representative claims proceeding first and administrative and filing fees allocated as provided by the arbitration provider’s mass-arbitration rules then in effect, before any remaining claims proceed.

24.7 Governing Law and Venue. These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida.

25. Changes to These Terms

We may revise these Terms. If we make material changes, we will notify you by email (to the address associated with your Account) and/or by posting notice on the Services. Changes are effective thirty (30) days after notice for existing users, and immediately for new users. Your continued use after the effective date constitutes acceptance.

26. Electronic Communications

You consent to receive communications from us electronically, and you agree that all agreements, notices, and disclosures we provide electronically satisfy any legal requirement that they be in writing.

27. General

Assignment. You may not assign these Terms without our prior written consent; we may assign them freely.

Entire Agreement. These Terms (with the incorporated policies) are the entire agreement between you and us regarding the Services and supersede prior agreements.

No Third-Party Beneficiaries. These Terms are solely for the benefit of you and us and create no third-party beneficiary rights.

Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary.

Waiver. Our failure to enforce any provision is not a waiver.

Trademarks. “Bid Banana,” “Bid Lab,” and related names and logos are trademarks of Bid Lab Technologies, LLC or its affiliates; all other marks are the property of their owners.

General Contact:
Bid Lab Technologies, LLC — 15930 Boeing Court, Wellington, Florida 33414 — [email protected]

Designated Copyright Agent (DMCA): In accordance with the Digital Millennium Copyright Act, we have registered an agent with the U.S. Copyright Office (Registration No. DMCA-1075203) to receive notices of claimed copyright infringement. Send DMCA notices to:

DMCA Designated Agent, Bid Lab Technologies, LLC — 15930 Boeing Court, Wellington, Florida 33414 — [email protected]

A valid notice must include the information required under 17 U.S.C. § 512(c)(3).

Last updated: September 5, 2026