1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the ClearRFP website at clearrfp.com and the associated API and platform (collectively, the “Service”), operated by ClearRFP (“ClearRFP,” “we,” “our,” or “us”).
By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are accepting on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, do not access or use the Service.
2. Eligibility
The Service is intended for business use. You must be at least 18 years of age and have the legal capacity to enter into contracts to use the Service. The Service is not available to individuals who have been previously suspended or removed by ClearRFP.
3. Accounts and Organizations
To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.
The Service uses an organization model. One or more users may belong to an organization, and data uploaded or created within an organization is shared among its authorized members. You are responsible for all activities that occur under your account and organization.
You are responsible for maintaining the confidentiality of your account credentials and for notifying us immediately at legal@clearrfp.com if you suspect unauthorized access.
4. Subscription and Payment
Certain features of the Service require a paid subscription. Subscription fees are billed in advance on a monthly or annual basis, as selected at checkout. All payments are processed by Stripe. By providing your payment information, you authorize us to charge the applicable subscription fees.
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period; no partial-period refunds are issued unless required by applicable law.
We reserve the right to change subscription pricing. We will provide at least 30 days’ notice before any price change takes effect for existing subscribers. Continued use of the Service after a price change constitutes acceptance of the new pricing.
All fees are exclusive of taxes. You are responsible for any applicable taxes assessed on your purchase.
5. Acceptable Use
You agree to use the Service only for lawful purposes. You must not:
- Upload documents or content that you do not have the right to use or share;
- Use the Service to process classified government information or materials subject to export control restrictions without appropriate authorization;
- Attempt to reverse-engineer, decompile, or extract the source code of the Service or its AI models;
- Resell, sublicense, or provide the Service to third parties without our written consent;
- Use automated scripts, bots, or crawlers to access the Service at a volume that places unreasonable load on our infrastructure;
- Attempt to circumvent authentication, access controls, or usage limits;
- Use the Service in any way that violates applicable federal, state, or local laws or regulations.
We reserve the right to suspend or terminate access for violations of this section without prior notice.
6. Intellectual Property
ClearRFP Property
The Service, including its software, AI models, algorithms, user interface, design, text, and all associated intellectual property, is owned by ClearRFP and protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property other than the limited license to use the Service as described herein.
Customer Content
You retain all ownership rights in the documents, data, and other content you upload to the Service (“Customer Content”). By uploading Customer Content, you grant ClearRFP a limited, non-exclusive, royalty-free license to process, store, and transmit your Customer Content solely to provide and improve the Service for your organization.
AI-Generated Outputs
Analysis results, compliance matrices, risk registers, and other outputs generated by the Service from your Customer Content (“Outputs”) are made available to you for your internal business use. You are responsible for reviewing all Outputs before relying on them. ClearRFP does not warrant the accuracy, completeness, or fitness for purpose of any Output.
Aggregated Data
We may use anonymized, aggregated, non-identifiable data derived from your use of the Service (not including your Customer Content) to improve our products and services and for internal analytics.
7. Customer Data and Security
We implement industry-standard security measures to protect your Customer Content, including encrypted transmission (TLS), encrypted storage, and access controls. All uploaded files are stored in Cloudflare R2 with access restricted via time-limited signed URLs.
You are responsible for ensuring that Customer Content you upload complies with applicable laws and that you have the necessary rights or permissions to share such content with the Service and its subprocessors (including OpenAI and Mistral AI for AI processing).
8. Confidentiality
Each party agrees to maintain the confidentiality of the other party’s non-public information disclosed in connection with the Service, using at least the same degree of care used to protect its own confidential information (but not less than reasonable care). This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
ClearRFP will not access or review your Customer Content except as necessary to provide the Service, resolve technical issues, or as required by law.
9. Disclaimer of Warranties
The Service is provided “as is” and “as available” without warranties of any kind, either express or implied.
To the fullest extent permitted by law, ClearRFP disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
ClearRFP does not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any AI-generated analysis or output will be accurate, complete, or suitable for any particular purpose. You are solely responsible for decisions made based on Outputs from the Service. All Outputs should be reviewed by qualified personnel before use.
10. Limitation of Liability
To the fullest extent permitted by law:
ClearRFP shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, loss of data, or loss of business opportunity, even if ClearRFP has been advised of the possibility of such damages.
ClearRFP’s total cumulative liability to you for any claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total fees paid by you to ClearRFP in the 12-month period preceding the claim, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.
11. Indemnification
You agree to defend, indemnify, and hold harmless ClearRFP and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your Customer Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.
12. Termination
You may terminate your account at any time by canceling your subscription and deleting your account through account settings, or by contacting us at legal@clearrfp.com.
We may suspend or terminate your access to the Service immediately and without prior notice if: (a) you materially breach these Terms; (b) we are required to do so by law; (c) continued provision of the Service would create legal or security risk; or (d) you fail to pay subscription fees when due.
Upon termination, your right to use the Service ceases immediately. We will retain and delete your Customer Content as described in our Privacy Policy. Sections 6, 8, 9, 10, 11, 13, and 14 survive termination.
13. Modifications to Terms
We may modify these Terms from time to time. When we make material changes, we will provide at least 14 days’ advance notice via email or a prominent notice within the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
If you do not agree to the revised Terms, you must stop using the Service and may cancel your subscription before the changes take effect.
14. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for the resolution of any disputes arising out of these Terms or the Service.
Before initiating any formal legal proceeding, you agree to contact us at legal@clearrfp.com and attempt to resolve the dispute informally for at least 30 days.
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and ClearRFP regarding the Service and supersede all prior or contemporaneous agreements.
15. Contact Us
If you have questions about these Terms, please contact us: