TERMS OF SERVICE

Effective 6/25/2022


These Terms of Service (“Terms”) apply when you use HigherGov's ("HigherGov", “We”, “Us”, and “Our”) website, API, or other platform or services (collectively, the "Services"). These Terms contain the terms through which HigherGov provides Services to You and describe how You may or may not access and use Our Services.

1. YOUR ACCEPTANCE OF THE TERMS

Please read these Terms carefully before you use the Services. By accessing and using the Services (either anonymously or through an account), you affirm that you have read, understand and will comply with these Terms. If You do not understand or agree to any portion of the Terms please immediately discontinue all use of the Services.

If You use the Services on behalf of a business, government agency, or other organization, You must have authority to agree to these Terms on behalf of that organization. In such case “You” and “Your” will refer to both you and the business, government agency, or other organization that you represent.

2. SUBSCRIPTIONS AND OTHER CHARGES

2.1. Charges for Services

By purchasing Services, You agree to pay HigherGov the listed fees for each Service. HigherGov's current standard pricing tiers are publicly available here. Payments for Services are due the first day that You sign-up for Services. All Fees paid for the Services are non-refundable, except as when required by applicable law.

2.2. Annual Subscriptions

Your annual subscription ("Subscription") will start when HigherGov confirms your payment and will continue for a period of one year (the "Subscription Period"). Subscriptions are paid in full in advance. When you purchase an annual subscription, auto-renew is automatically selected in your Company Account page accessible by the assigned account manager. You authorize us to store your payment and to automatically charge your payment method every year until you cancel. You may cancel your annual subscription at any time within the Subscription Period within your Company Account page. Your annual subscription rate is subject to change, but you will be notified of any change in your annual subscription fee with the option to cancel your auto-renewal. However, any cancellation will only become effective at the end of the Subscription Period it was submitted in. HigherGov does not provide refunds or rebates for unused portions of a Subscription or for “downgrades” of a Subscription.

2.3. Non-Subscription Fees

HigherGov may offer Services that have a fee in addition to Subscriptions. This includes but is not limited to use of the HigherGov Application Programming Interface (API) and fees associated with filing Freedom of Information Act (FOIA) requests. These fees become due at the time that HigherGov provides the related Services.

3. YOUR ACCOUNT

3.1. Account Sharing

User credentials to access HigherGov's Services are unique to each individual user may not be shared under any circumstances. In addition to being a violation of these terms, the sharing of an account is a significant security risk to You and Your organization. If Your signin is shared either internally or externally to Your organization, HigherGov may cancel the associated account without prior notice. If Your account is cancelled for accounting sharing violations, you will not be due a refund of any Subscription payments, except as required by law.

3.2 Subscription Plan Tiers

In order to allow Our users to customize their experience with Our Services We offer a variety of subscription plans that allow access to different features, support, and allowances. If a user attempts to improperly access features outside of their subscription or attempts to circumvent allowances HigherGov may cancel the associated account without prior notice.

3.3. Secure Your Password and Credentials

If You have been registered for an account or been an issued an account by HigherGov in connection the Services, You are responsible for taking reasonable steps to maintain the confidentiality of Your email and password. If Your account has access to Two-Factor Authentication, HigherGov encourages You to activate it on Your Profile page. You are solely responsible for any activity occurring in Your account, whether or not You authorized that activity. You must immediately notify HigherGov of any unauthorized uses of Your information, Your account, or any other security breaches.

3.4. Inactivity

In order to enhance user data privacy, HigherGov may delete Your account and any User Content contained therein from Our servers if it is inactive (not covered by a Subscription) for more than 6 months. We will notify You by email before deleting Your account to provide You with an opportunity to reactivate Your account prior to deletion.

3.5 Account Trials and Anonymous Access

In order to allow potential users to experience some of the features of the HigherGov platform before subscribing We may offer limited account trials or allow access to certain parts of the service prior to signing up for a subscription. Account trials are limited to one time for one individual and We reserve the right to limit the availability of account trials to certain organizations or individuals. Account trials may not provide all of the features available to paying Subscribers. Users may not attempt to circumvent limitations by creating multiple user accounts or modifying system information to circumvent any page views limitations. HigherGov can terminate a account trial at any time for any reason, including for use of a disposable email address.

3.6 Account Trial Eligibility

Only individuals or organizations that could become potential HigherGov customers are eligible for an account trial. This includes but is not limited to government contractors, grant recipients, federal agencies, and government industry advisors. It excludes individuals or organizations that compete with HigherGov and their representatives.

4. PUBLIC GOVERNMENT DATA AND INFORMATION

4.1. Public Government Data

HigherGov Services include the aggregation, display, and analysis of data made publicly available by the U.S. government under various laws and regulations. The timeliness, completeness, and accuracy of such information is not under the control of HigherGov and is the sole responsibility of the government entity that makes it available. The timeliness, completeness, and accuracy of publicly available government data within HigherGov’s Services is also dependent HigherGov's ability to access the data and receive notifications when data has changed.

4.2. Enhancement of Public Government Data

HigherGov uses automated and manual methods to attempt to improve the completeness, accuracy, consistency, and interconnectedness of public government data (for example, conforming of solicitation or award identifiers across datasets, the elimination of potentially duplicate entries, or adjustment of inconsistent award data). These methods rely on a number of assumptions and estimates that will not resolve all potential inaccuracies in public data and in many instances may introduce different or new inaccuracies. Thus, HigherGov should not be relied on as a faithful representation of government data.

4.3. Changing Public Government Data in Our Services

By using Our Services, you may not hold HigherGov liable for inaccuracies in information obtained from government sources (rather provided directly or altered as described above). HigherGov is under no obligation to remove or modify information obtained from government sources. In the event of any inaccuracies applying to Your or Your organization, We recommend contacting the applicable government agency.

4.4. Inadvertently Provided Data

If You represent a government agency and believe that data has been inadvertently or improperly made publicly available on a government system and subsequently removed and would also like that data removed from HigherGov, please contact us at contact@highergov.com.

5. HIGHERGOV INTELLECTUAL PROPERTY

5.1. HigherGov Proprietary Data

In order to provide Our Services, HigherGov creates proprietary data using automated and manual processes including but not limited to Awardee relationship mappings, merger and acquisition transaction data, Awardee classifications, item descriptions, and estimates of future government spending. In many cases, this data may be integrated or combined with data available in the public domain. All data provided through Our Services including Our proprietary data is provided “as is” and We do not make any representations or warranties of any kind, express, implied, or statutory as to the accuracy or completeness of Our data and cannot be held liable for such inaccuracies or incompleteness. HigherGov has no obligation to change, modify, remove, or update any proprietary data that is or a user believes is inaccurate. HigherGov encourages users of its Services to verify all proprietary and public data that they use for critical business or government purposes with multiple independent sources.

5.2. Ownership of Services and Data

HigherGov Services and content (except as otherwise in the public domain) are property of HigherGov or its licensors. Except for your User Content, these Terms do not grant You any rights to use any ownership of the Services or the data You access through HigherGov.

5.3. HigherGov Brand

All HigherGov trademarks, service marks, trade names, logos, and domain names ("Brand Elements") are the sole property of HigherGov. These terms do not grant You any rights to ownership of HigherGov's Brand Elements.

6. PRIVACY AND CONFIDENTIALITY

6.1. Privacy Policy

HigherGov's Privacy Policy is available at Privacy Policy. We strongly encourage you review the Privacy Policy prior to the use of our Services as it details how we treat your User Content and personal data.

6.2. User Content

You or Your Organization may provide content to HigherGov including documents, organization data, personal data, business development plans, pricing, and market intelligence research ("User Content"). For purpose of these Terms, User Content does not include saved searches or downloads generated of public or proprietary HigherGov data. HigherGov takes the privacy and safeguarding of Your User Content seriously as detailed in our Privacy Policy. We do not claim ownership of Your User Content, and You retain ownership of all of Your intellectual property rights in Your User Content.

6.3. Confidential Information

HigherGov does not use Your User Content to create any Services, including anonymously or in aggregate. HigherGov treats Your User Content as confidential information and will only use and disclose it in accordance with Our Privacy Policy and these Terms. However, if your User Content is already in the public domain or was developed independently by or disclosed independently to HigherGov it will not be considered confidential information.

7. USE OF SERVICES

7.1. Legal Compliance

You must only use the Services in compliance with, and only as permitted by, applicable laws and regulations, including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside, and with any other applicable policy or terms and conditions.

7.2. User Content, Conduct, and Communications

You agree not to enter, upload, or otherwise provide any information that has been labeled as classified or otherwise is restricted for distribution by the United States or other any other United States or Foreign government. Further, you agree not to enter, upload, or otherwise provide any export-controlled data or data that cannot be legally stored at HigherGov servers located within the United States. You may not transmit or cause others to transmit any malicious software, viruses, malware, or links to such software, through the Services. You are solely responsible for Your User Content, conduct, and communications while using Our Services.

7.3. Abusive Usage of Services

HigherGov may apply limitations on our Services including on Your Account (based on your Subscription Tier) or on anonymous usage. You may not attempt to circumvent these limitations through either manual or automated means. HigherGov strictly prohibits the use of any software, including devices, scripts, bots, browser plug-ins or any other automated or manual processes to scrape HigherGov content or Services. HigherGov also strictly prohibits the gathering and mass contacting (via phone, mail, email or other means) of individual or organization contact information provided through Our Services. If You engage in abusive usage of Our Services, HigherGov reserves the right to cancel the associated account without prior notice.

7.4. Application Program Interface

For users wishing to access large quantities of data programmatically, We will provide an Application Program Interface to Subscribers (additional fees apply).

7.5. Sharing and Resale of Data

You may not share data obtained from HigherGov with other individuals within or outside of your organization unless they are under the same Account as you with the same level of access. This includes but is not limited to sending screenshots or printed or electronic copies of data, downloaded documents, forwarding emails, or sharing signin information. Under no circumstances can you sell HigherGov data or intellectual property or use HigherGov data to provide competing Services.

7.6. Unauthorized Programmatic Access and Reverse Engineering

Unless authorized in advance in writing by HigherGov, you may not programmatically access any HigherGov service or system. Further, you agree to not reverse engineer or attempt to reverse engineer any HigherGov service or system. Reverse engineering includes attempts to determine or replicate the function of proprietary algorithms, URL endpoints, and other processes that are not visible in the normal course of using the Services.

8. SERVICES TERMINATION

8.1. By HigherGov

HigherGov has the right to terminate providing Services to you if you do not comply or we suspect you do not comply with these Terms. We are under no obligation to provide advance notice if We terminate or suspend your access due to a breach of these Terms. If HigherGov terminates Your access to Our Services, We reserve the right to prevent future access to our Services, including but not limited to, preventing you from creating a new account or blocking Your IP address. In the event of an Account Termination, HigherGov will retain Your User Content in accordance with section 3.4.

8.2. By You

If you terminate Your Subscription, the Services available under Your Subscription will remain available to you until the end of Your current Billing Cycle, unless Your account has otherwise been terminated for violations under these Terms. If you terminate or downgrade a Subscription during a Billing Cycle, you are not eligible to receive a refund for any period of time you did not use in that Billing Cycle unless you are terminating the Agreement for Our breach unless required by law.

9. CHANGES TO SERVICES AND TERMS

9.1. Changes to Services

HigherGov may add, change, or remove data and tools from our Services at any time without prior notice. If HigherGov makes a change to Our Services that impacts your User Content, we will provide a method to retrieve your data.

9.2. Changes to Terms of Service

HigherGov may revise these Terms at any time. The most current version of the Terms, is available at https://www.highergov.com/tos. We will try to notify you of material revisions by email. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1. Liability

You expressly understand and agree that HigherGov, its officers, employees, affiliates, shall not be liable for any direct, indirect, incidental, lost revenue, lost profits, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising out of use of our Services whether as a breach of contract, tort (including negligence whether active or passive), or any other legal theory. To the maximum extent permitted by law, the aggregate liability of HigherGov, its officers, employees, and affiliates arising out of or in connection with the Services and these Terms will not exceed the pro-rata amount paid by You to HigherGov representing the use of the Services at issue during the 3 months prior to the event giving rise to the liability. For example, if You paid HigherGov $2500 the prior month on an Annual Subscription, the maximum aggregate liability would be $625 ($2500/12*3).

10.2. Organizations

If You are an organization or represent an organization, You will indemnify and hold harmless HigherGov and its officers, agents, and employees from all liabilities, damages, and costs arising out of a third-party claim regarding or in connection with Your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by You.

10.3. Services Provided "As Is"

HigherGov Services are provided on an "as is" basis. HigherGov does not make any statutory, express, or implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose, with respect to its Services, content, or the content or linked website of any third party. HigherGov disclaims all warranties that its Services, content, or any third-party linked website or content, is accurate, complete, timely, secure, error, and omission free.

10.4. Availability of Service

HigherGov Services are provided on an "as available" basis. For various reasons that are within and not within Our control, including periodic updates to Our software or outages at Our vendors, our online Services may become temporarily unavailable.

11. ABOUT THESE TERMS

11.1. HigherGov

“HigherGov”, “Us”, “We”, and “Our” refers to HigherGov, located at 30 Washington St; Brooklyn, NY 11201.

11.2. Assignment

HigherGov may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party without prior written notice from HigherGov, which may be withheld by HigherGov.

11.3. Entire Agreement

These Terms constitute all the terms and conditions agreed upon between you and HigherGov and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

11.4. No Waiver

The failure of HigherGov to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.

11.5. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HigherGov as a result of these Terms or your access to and use of the Services.

11.6. Severability

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

11.7. Governing Law

These terms shall be governed by the laws of the United States and the State of New York. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions. With respect to these Terms, each party submits to the exclusive jurisdiction of the state courts located in New York, and the federal courts located in the Southern District of New York.



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