TERMS OF SERVICE

Introduction

This User Agreement (“Agreement”) governs access to and use of the websites, applications, marketplace, subscription services, databases, reports, artificial intelligence features, search tools, credits, downloadable materials, and other products and services offered by Capture 411 LLC (collectively, the “Services”). By creating an account, purchasing a product, starting or renewing a subscription, using credits, accessing paid content, or otherwise using the Services, you agree to this Agreement.

The entity you are contracting with is Capture 411 LLC, 4965 Breeze Way, Dumfries, VA 22025 (“Capture 411,” “we,” “us,” or “our”).

IMPORTANT: This Agreement contains limitations of liability and an agreement to arbitrate disputes on an individual basis. Please read the Legal Disputes section carefully.

1. Eligibility and Accounts

You must be at least 18 years old and legally capable of entering into a binding contract. If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to this Agreement.

You are responsible for maintaining the confidentiality and security of your login credentials and for activity conducted through your account. You may not share individual login credentials with unauthorized persons. Where Capture 411 offers multi-user or enterprise access, each authorized user must use access in accordance with the applicable account terms.

You must provide accurate account information and promptly update material changes. You must notify Capture 411 promptly if you believe your account or credentials have been compromised.

2. Permitted Use and Prohibited Conduct

You may use the Services only for lawful business, research, capture, business development, proposal, procurement, market intelligence, and other authorized purposes consistent with the product or subscription you purchased.

You may not:

• circumvent access controls or paywalls;
• share paid content or credentials with unauthorized persons;
• scrape, crawl, harvest, bulk-download, systematically extract, or use automated means to access the Services without written permission;
• reverse engineer or attempt to reproduce the Services;
• interfere with the operation or security of the Services;
• introduce malware;
• infringe intellectual property or other rights; or
• use the Services in violation of applicable law.

You may not use Capture 411 content, metadata, compilations, reports, analytics, classifications, extracted information, search results, or other proprietary materials to create, train, fine-tune, ground, benchmark, populate, or enrich an artificial intelligence model, machine-learning system, retrieval-augmented generation (RAG) system, competitive database, data product, or commercial information service without a separate written license from Capture 411.

You may not resell, redistribute, sublicense, publish, commercialize, or make paid Capture 411 content available to third parties except as expressly permitted in writing or under a separate API, data, enterprise, or commercial license.

3. Historical Solicitation and Procurement Information

Capture 411 provides access to historical solicitation materials and related procurement intelligence. Historical materials may include solicitations, amendments, instructions, evaluation criteria, statements of work, performance work statements, pricing materials, attachments, pre-solicitation documents, and other procurement-related information.

Historical materials are provided for research and intelligence purposes. They are not a substitute for the current solicitation, amendment, official procurement notice, contracting officer direction, or other authoritative source applicable to a current procurement.

Capture 411 may review, authenticate, organize, categorize, or verify materials using the information reasonably available to us, but we do not warrant that every historical package is complete, that every amendment or attachment is included, that information remains current, or that a source-provided document has never been altered before Capture 411 received it.

You are responsible for independently verifying current procurement requirements before making a bid, no-bid, capture, teaming, pricing, staffing, compliance, or proposal decision.

4. Subscriptions

Certain Services are offered through monthly, annual, enterprise, or other subscription plans. The features, access limits, content, usage allowances, and pricing associated with a subscription are those presented at the time of purchase, as modified in accordance with this Agreement.

Unless expressly stated otherwise at purchase, paid subscriptions automatically renew for successive billing periods until canceled. By purchasing a recurring subscription, you authorize Capture 411 and its payment processor to charge the payment method on file for the applicable recurring subscription fees and taxes.

You may cancel a subscription through the cancellation method made available by Capture 411. Unless otherwise required by law or expressly stated in the applicable offer, cancellation stops future renewals and does not retroactively refund fees already paid. Access ordinarily continues through the end of the paid billing period.

Annual subscriptions are billed for the annual term selected at purchase. Discounts offered for annual commitments apply only under the terms of the applicable offer. Early cancellation does not create a right to a prorated refund unless Capture 411 expressly agrees or applicable law requires one.

If a payment fails, is reversed, disputed, or cannot be processed, Capture 411 may suspend or limit paid access until the account is brought current. We may retry the payment method as permitted by law and our payment processor.

Capture 411 may change subscription pricing, features, content, or plan structure. For material pricing changes affecting an existing recurring subscription, we will provide advance notice as required by applicable law and the change will apply no earlier than the next renewal permitted by that notice.

Subscription access is a limited right to use the applicable Services during the subscription term. A subscription does not transfer ownership of Capture 411’s database, reports, analytics, software, or other proprietary materials.

5. Credits, Promotional Credits, and Account Balances

Capture 411 may offer purchased credits, promotional credits, bonus credits, founder credits, or other account-based purchasing value (collectively, “Credits”). The specific value, bonus, eligible uses, and other conditions will be disclosed in the applicable offer.

Credits are contractual platform value usable only for eligible Capture 411 products or Services. Credits are not currency, stored-value accounts, bank deposits, securities, or cash equivalents; do not earn interest; have no cash redemption value except where required by law; and may not be transferred, sold, or assigned without Capture 411’s written permission.

Promotional or bonus Credits may be subject to additional conditions, including eligibility rules, product restrictions, promotional periods, or expiration terms disclosed with the offer. Purchased Credits will be treated in accordance with the terms disclosed at purchase and applicable law.

Refunds, chargebacks, reversals, fraud, abuse, or billing errors may result in adjustment or removal of associated Credits. Capture 411 may suspend use of Credits while investigating suspected fraud or misuse.

For contributor compensation, unless a separate written contributor agreement states otherwise, payments are calculated from the actual purchase revenue attributable to the qualifying transaction after applicable discounts, refunds, chargebacks, taxes, payment reversals, and promotions, and not from the promotional or bonus face value of Credits.

6. Purchases and Digital Content

When purchasing individual documents, reports, extracted sections, analyses, or other digital products, you are responsible for reviewing the product description before purchase.

Except where required by law or expressly stated otherwise, digital purchases are final once the purchased content or access has been made available. Capture 411 may continue to make purchased content available through your account as a convenience but does not guarantee perpetual re-download or hosting.

Access to an extracted Section L, Section M, PWS, report, analysis, or similar product is access to the product identified at purchase. It does not constitute a representation that the item is the only applicable version, the current version, or a complete current procurement package.

7. Artificial Intelligence, Search, and Derived Intelligence

Capture 411 may use artificial intelligence, machine learning, automated extraction, classification, search, retrieval, summarization, or other computational tools to create or provide summaries, analyses, trends, classifications, reports, recommendations, search results, extracted fields, or other derived intelligence.

AI-generated or machine-derived outputs may contain errors, omissions, incorrect classifications, incomplete citations, or other inaccuracies. Availability and accuracy are not guaranteed.

AI outputs and derived intelligence are intended to assist human research and decision-making. You are responsible for reviewing source materials and independently validating information that is material to a procurement, proposal, compliance, legal, financial, staffing, pricing, or other business decision.

Capture 411 does not guarantee that use of its Services, AI features, reports, recommendations, historical materials, or intelligence will result in a contract award, successful proposal, successful protest, accurate pipeline decision, compliant proposal, teaming arrangement, or other business outcome.

8. Capture 411 Content and Intellectual Property

Government-originated documents may be subject to different ownership rules than Capture 411-created materials. Nothing in this Agreement claims ownership of United States Government works where copyright does not apply.

Capture 411 owns or licenses the proprietary elements of the Services, including its software, website design, trademarks, database structure and selection, taxonomy, metadata created by Capture 411, classifications, compilations, reports, analyses, annotations, scoring, organization, derived datasets, original editorial content, and other protectable materials.

The availability of underlying public or government-originated information does not grant users a right to copy, scrape, reproduce, redistribute, or commercialize Capture 411’s proprietary database, compilation, organization, metadata, reports, analytics, or other value-added materials.

9. API, Data, Enterprise, and Commercial Licensing

API access, bulk data access, syndication, embedded content, redistribution, data licensing, model access, partner integrations, and other commercial uses require a separate written agreement or plan expressly authorizing that use.

Nothing in a standard user subscription or individual purchase grants API rights, bulk extraction rights, redistribution rights, white-label rights, data resale rights, or the right to incorporate Capture 411 data or intelligence into another commercial product or service.

Where Capture 411 enters into a separate enterprise, API, partner, or data license, that agreement controls to the extent it conflicts with this User Agreement.

10. Payments and Payment Processors

You authorize Capture 411 and its authorized payment processors to charge the payment method you provide for purchases, recurring subscriptions, applicable taxes, and other authorized charges.

Payment processors may store payment information and apply their own terms, fraud controls, and processing rules. Capture 411 does not control third-party bank, card-network, or payment-processor fees.

You may provide only payment methods you are authorized to use. Transactions may be declined, delayed, frozen, reversed, or reviewed for suspected fraud, chargebacks, policy violations, or payment risk.

11. Privacy and Communications

Capture 411’s collection, use, disclosure, retention, and protection of personal information is governed by its Privacy Notice or Privacy Policy, as updated from time to time.

Capture 411 may send transactional communications relating to accounts, security, purchases, subscriptions, billing, service changes, disputes, and enforcement. Marketing communications will be sent in accordance with applicable law and available consent or opt-out requirements.

Where permitted by law, Capture 411 may monitor or record communications with users for quality, training, security, dispute-resolution, or protection purposes.

12. Service Availability, Security, and Third-Party Services

We work to maintain secure and reliable Services, but no online service is continuously available or completely secure. The Services may be interrupted, delayed, degraded, or unavailable because of maintenance, software defects, cyberattacks, unauthorized access, malicious activity, telecommunications failures, cloud or hosting providers, payment processors, third-party APIs, force majeure events, or circumstances outside our reasonable control.

You are responsible for maintaining appropriate backups of content you download or otherwise need to retain. We do not guarantee that purchased or subscription content will remain hosted indefinitely.

Third-party products and services may be integrated with or linked from Capture 411. Unless expressly stated otherwise, Capture 411 is not responsible for the availability, security, acts, omissions, or terms of independent third parties.

13. Suspension and Termination

Capture 411 may limit, suspend, or terminate accounts or access; remove content; restrict Credits; or take technical or legal steps to prevent misuse where we reasonably believe a user has violated this Agreement, created security or fraud risk, infringed rights, failed to pay amounts due, abused the Services, or acted unlawfully.

We may discontinue or materially modify all or part of the Services. Where practicable, we will provide reasonable notice of material changes affecting paid users.

Upon termination, provisions that by their nature should survive will survive, including intellectual property, payment obligations, restrictions on redistribution and misuse, disclaimers, limitation of liability, indemnity, and dispute-resolution provisions.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, CONTENT, HISTORICAL MATERIALS, DATA, REPORTS, AI OUTPUTS, SEARCH RESULTS, AND OTHER INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CAPTURE 411 DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENTNESS, AND CONTINUOUS AVAILABILITY.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTURE 411 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS OR REVENUE; LOSS OF DATA, GOODWILL, BUSINESS, OR OPPORTUNITY; PROCUREMENT OR PROPOSAL LOSSES; OR DAMAGES ARISING FROM INTERRUPTION, CYBERATTACK, THIRD-PARTY SERVICES, AI OR DATA INACCURACIES, OR YOUR RELIANCE ON THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTURE 411’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID TO CAPTURE 411 FOR THE SERVICE OR PRODUCT GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100 IF YOU PAID NOTHING, UNLESS APPLICABLE LAW REQUIRES OTHERWISE.

16. Indemnity

You agree to indemnify, defend, and hold harmless Capture 411 and its officers, directors, employees, contractors, and agents from third-party claims, damages, losses, liabilities, and reasonable legal fees arising from your breach of this Agreement, unlawful or unauthorized content you provide, misuse of the Services, infringement of third-party rights, or violation of applicable law.

17. Legal Disputes

This section should be reviewed by legal counsel before deployment because it affects substantial legal rights.

Applicable Law

Except to the extent preempted by federal law, the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles, govern this Agreement.

Agreement to Arbitrate

You and Capture 411 agree that disputes relating to this Agreement, the Services, or products offered or purchased through the Services will be resolved through final and binding individual arbitration rather than court, except for qualifying individual small-claims matters and other claims that applicable law does not permit to be arbitrated.

Class Action Waiver

To the maximum extent permitted by law, claims must be brought individually and not as a plaintiff or class member in a class, collective, consolidated, representative, or private-attorney-general proceeding.

Arbitration Administrator and Procedures

Arbitration will be administered by the American Arbitration Association (AAA) under the rules applicable to the dispute, as modified by this Agreement. Before initiating arbitration, the complaining party must send a written Notice of Dispute to the other party and allow 30 days for informal resolution. Notices to Capture 411 must be mailed to Capture 411 LLC, 4965 Breeze Way, Dumfries, VA 22025.

Small Claims

Either party may bring an eligible individual claim in small claims court.

Opt-Out

New users may opt out of the arbitration agreement by mailing a signed written opt-out notice to Capture 411 LLC, 4965 Breeze Way, Dumfries, VA 22025, postmarked within 30 days after first accepting this Agreement. Counsel should confirm the final opt-out language and its treatment for existing users accepting Version 2.0.

Judicial Forum

Where arbitration does not apply, the parties consent to the exclusive jurisdiction and venue specified in the final counsel-approved version of this Agreement.

18. Changes to this Agreement and Services

Capture 411 may amend this Agreement by posting updated terms and, when required by law or appropriate for a material change, providing advance notice by email, account notice, website notice, or another reasonable method.

Where required, we may ask you to affirmatively accept updated terms through a click-through or similar electronic acceptance process. Continued use after the effective date of properly noticed changes constitutes acceptance to the extent permitted by law.

Material amendments to the arbitration agreement will be handled in accordance with the notice and applicability provisions contained in the final counsel-approved arbitration section.

19. General

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

Capture 411 may assign this Agreement in connection with a merger, acquisition, financing, reorganization, sale of assets, or other business transaction, or as otherwise permitted by law.

Failure to enforce a provision is not a waiver of the right to enforce it later.

This Agreement, together with incorporated policies and any applicable order, subscription, enterprise, API, data-license, or other written terms, constitutes the agreement governing your use of the applicable Services. If a separate written agreement expressly conflicts with this Agreement, the separate agreement controls for the subject matter it governs.

No agency, partnership, joint venture, employment, franchise, or fiduciary relationship is created by this Agreement.

20. Contributor Content and Contribution Conditions

20.1 Who May Contribute

Individuals and organizations may submit eligible historical solicitation materials and other procurement-related content to Capture 411 if they have the legal right and authority to provide the content. Federal Government employees may contribute eligible content, subject to the restrictions below, but are not eligible to receive contributor compensation.

20.2 Contributor Representations and Responsibility

By submitting content, you represent and warrant that you have the legal right and authority to provide it and that the submission does not violate applicable law, regulation, agency policy, ethics requirements, contract, confidentiality obligations, procurement-integrity requirements, intellectual property rights, or third-party rights. You are responsible for the content you submit and for the accuracy of information you provide about the submission.

20.3 Prohibited Contributions

You may not submit classified information; Controlled Unclassified Information (CUI) unless expressly authorized by law and Capture 411 in writing; source-selection information; contractor bid or proposal information protected by procurement-integrity law; export-controlled material where prohibited; proprietary third-party information you are not authorized to provide; documents subject to a nondisclosure or confidentiality restriction that prohibits disclosure; or any other information whose disclosure is prohibited or restricted by law, regulation, contract, lawful marking, or agency policy.

20.4 Federal Government Employees

Federal Government employees may contribute eligible content to Capture 411 provided they have the legal authority to provide it and the contribution complies with applicable law, regulation, agency policy, ethics requirements, procurement-integrity requirements, confidentiality obligations, and restrictions applicable to the information. Federal Government employees are not eligible to receive contributor payments, commissions, revenue shares, credits, referral compensation, or other financial consideration from Capture 411 for contributed content. No contributor compensation will accrue or become payable in connection with a Federal Government employee’s contribution.

20.5 Capture 411 Review and Acceptance

Submission does not guarantee publication or acceptance. Capture 411 may review, authenticate, reject, remove, restrict, categorize, organize, or correct metadata associated with contributed content in its discretion. Capture 411 may decline content that is incomplete, duplicative, questionable, prohibited, inconsistent with its marketplace standards, or otherwise unsuitable for the Services.

20.6 Authenticity and Alterations

Contributors may not knowingly alter an original procurement document in a manner that misrepresents the document as issued by its original source. Contributors must not remove or change material content for the purpose of misleading Capture 411 or its users. Capture 411 may organize files, create metadata, apply searchable classifications, and perform other non-substantive processing needed to operate the Services.

20.7 Duplicate Submissions

Capture 411 does not guarantee that every submission will be unique or accepted. If substantially identical content has already been accepted or is already available through Capture 411, Capture 411 may reject or remove a duplicate submission. Capture 411 may determine, in its reasonable discretion, which accepted contributor submission is associated with contributor compensation for a qualifying sale. A contributor does not acquire ownership of an underlying government document merely because the contributor submitted it first.

20.8 License to Contributed Content

By submitting content, you grant Capture 411 a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to host, reproduce, store, organize, index, display, distribute, make available, analyze, promote, and otherwise use the submitted content in connection with operating, improving, expanding, and promoting the Services and developing Capture 411 products and offerings, to the extent you possess rights necessary to grant such a license. This license does not give Capture 411 ownership of United States Government works where copyright does not apply.

20.9 Contributor Revenue Share

Except for Federal Government employees and unless Capture 411 expressly agrees otherwise in writing, an eligible contributor will receive forty percent (40%) of the actual purchase revenue attributable to a qualifying sale of that contributor’s accepted content. Capture 411 retains the remaining sixty percent (60%). Contributor compensation applies only to transactions that Capture 411 designates as qualifying contributor sales.

20.10 Discounts, Credits, and Promotions

Contributor compensation is based on the actual purchase revenue attributable to the qualifying transaction, not the displayed face value of promotional or bonus Credits. Discounts, coupons, promotions, bonus Credits, founder Credits, or other promotional value provided by Capture 411 do not increase the amount of cash revenue received by Capture 411 for purposes of calculating contributor compensation. Capture 411 may reasonably allocate actual purchase revenue among multiple items purchased in a transaction or with a Credit balance so that contributor compensation reflects the revenue attributable to the qualifying content.

20.11 Subscription Access

A contributor is not automatically entitled to a revenue share merely because contributed content is viewed, searched, analyzed, displayed, referenced, or accessed through a Capture 411 subscription. Unless Capture 411 expressly establishes a subscription contributor-compensation program in writing, the 40% contributor revenue share applies to qualifying sales attributable to contributed content and not to general subscription fees or subscription usage. If Capture 411 later offers a contributor compensation model tied to subscription usage, the applicable terms will be disclosed before that model applies.

20.12 Refunds, Chargebacks, Reversals, and Fraud

Contributor compensation may be reduced, withheld, offset, or reversed for refunds, chargebacks, payment reversals, fraudulent transactions, billing errors, duplicate payments, canceled transactions, or other amounts Capture 411 does not ultimately retain. If compensation has already been paid for a transaction that is later reversed, Capture 411 may offset that amount against future contributor payments to the extent permitted by law.

20.13 Contributor Payment Schedule

Capture 411 pays eligible contributor compensation on a quarterly schedule, subject to any minimum payment threshold, tax documentation, identity verification, payment-account information, or other reasonable payment requirements communicated by Capture 411. Contributors are responsible for providing accurate information needed to receive payment and for taxes applicable to amounts they receive.

20.14 No Guarantee of Sales or Earnings

Capture 411 does not guarantee that submitted content will be accepted, listed, purchased, accessed, remain available, generate revenue, or produce any minimum amount of contributor compensation. Participation as a contributor does not create employment, agency, partnership, joint venture, franchise, fiduciary, or other similar relationship with Capture 411.

20.15 Contributor Suspension and Termination

Capture 411 may suspend or terminate contributor privileges, remove submitted content, withhold unpaid amounts reasonably connected to suspected fraud or unlawful conduct while an investigation is pending, or permanently deny contributor participation for violations of this Agreement, unlawful submissions, misrepresentation, repeated submission of prohibited or misleading content, manipulation of the marketplace, or other abuse of the Services. Any undisputed contributor compensation properly earned before termination remains subject to the payment, refund, chargeback, and offset provisions of this Agreement.