Skip to content
GovQon
  • Features
  • Pricing
  • About
  • Contact
  • Features
  • Pricing
  • About
  • Contact
Log in
Start free trial

Terms of Use

GovQon – Government Contracting Platform

Legal

Terms of Use

Effective Date: October 19, 2026Last Updated: October 19, 2026

PLEASE READ THESE TERMS CAREFULLY. SECTION 24 REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 24.7. SECTION 24.8 SHORTENS THE TIME TO BRING A CLAIM. SECTIONS 21 AND 22 DISCLAIM WARRANTIES AND LIMIT OUR LIABILITY.

On this page
  1. 1.Acceptance of These Terms
  2. 2.GovQon Is Not a Government Agency
  3. 3.Eligibility; Business Use Only
  4. 4.Accounts
  5. 5.Free Trial
  6. 6.Subscriptions, Billing, and Auto-Renewal
  7. 7.Refunds and Cancellation
  8. 8.Professional Services
  9. 9.No Guarantee of Results
  10. 10.Your Responsibilities and Compliance
  11. 11.AI Features and Generated Content
  12. 12.Not Legal, Tax, or Accounting Advice
  13. 13.Third-Party and Government Data
  14. 14.Text Messaging (SMS) Program Terms
  15. 15.Customer Content
  16. 16.GovQon Intellectual Property
  17. 17.Acceptable Use
  18. 18.Third-Party Services
  19. 19.Referral and Affiliate Programs
  20. 20.Changes to the Services
  21. 21.Disclaimer of Warranties
  22. 22.Limitation of Liability
  23. 23.Indemnification
  24. 24.Dispute Resolution; Binding Arbitration; Class Action Waiver
  25. 25.Governing Law and Venue
  26. 26.Term, Suspension, and Termination
  27. 27.Force Majeure
  28. 28.Changes to These Terms
  29. 29.Electronic Communications and Notices
  30. 30.General
  31. 31.Contact Us

1.Acceptance of These Terms

These Terms of Use (“Terms”) are a binding agreement between you and GovQon, LLC, a Texas limited liability company (“GovQon,” “we,” “us,” or “our”). They govern your access to and use of govqon.com, the GovQon web application and any other subdomain of govqon.com, our software subscriptions, our professional services, our text messaging programs, and any related content, features, and communications (together, the “Services”).

By creating an account, starting a free trial, checking a box or clicking a button that references these Terms, purchasing a subscription or service, or otherwise using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services. We keep a record of the date, time, and version of the Terms you accepted; the “Last Updated” date above identifies the version.

If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you and that organization.

2.GovQon Is Not a Government Agency

GovQon is a private company. GovQon is not affiliated with, endorsed by, sponsored by, or acting on behalf of SAM.gov, the U.S. General Services Administration (GSA), the U.S. Small Business Administration (SBA), Grants.gov, or any other federal, state, local, tribal, or foreign government agency. Registration in SAM.gov is free from the U.S. government at https://sam.gov, and you may apply for SBA certifications directly with the SBA at no charge. Our fees are solely for our software and for the assistance we provide. Nothing in the Services is an official government communication, determination, or decision. You do not need a third-party service to register in SAM.gov or to apply for SBA programs. You are choosing to pay us for convenience and assistance, not for access.

3.Eligibility; Business Use Only

You must be at least 18 years old and able to form a binding contract to use the Services. The Services are offered only for business and professional purposes and not for personal, family, or household use. You represent that you are not located in a country subject to a comprehensive U.S. embargo, and that you are not on, or owned or controlled by anyone on, any U.S. government list of prohibited or restricted parties. We may refuse service to anyone at our discretion, to the extent permitted by law.

No reliance. You acknowledge that you are a business purchaser with the opportunity to consult your own advisors, that you are not relying on any statement, estimate, example, or representation not expressly set out in these Terms or your order form, and that the Services and Professional Services consist principally of software and of advice, judgment, opinion, and similar professional skill. Nothing in these Terms waives any right that cannot be waived by law, including any right under the Texas Deceptive Trade Practices-Consumer Protection Act that cannot be waived.

4.Accounts

You must provide accurate, current, and complete information when you create an account and keep it up to date. You are responsible for keeping your login credentials confidential, for all activity under your account, and for the actions of anyone you allow to use it. Notify us immediately at info@govqon.com of any unauthorized use. We are not liable for losses caused by unauthorized use of your account. We may suspend or close accounts that contain false information or that we reasonably believe are being misused. Do not share your Login.gov, SAM.gov, MySBA, or other government-system credentials with us; see Section 8.

5.Free Trial

We may offer a free trial of the software, currently 14 days, with no credit card required. When the trial ends, your access to paid features ends unless you choose and pay for a plan. We may change, limit, or end free trials at any time, and we may limit trials to one per person or organization. Trial accounts that are not converted to a paid plan may be deleted, including Customer Content, 30 days after the trial ends.

6.Subscriptions, Billing, and Auto-Renewal

  • Plans and fees. Subscription plans, prices, usage allowances (such as the number of proposals per month), and charges for additional usage are as shown on our pricing page or at checkout when you purchase. Unless your plan says otherwise, unused monthly allowances do not roll over to the next billing period.
  • Automatic renewal. PAID SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD (MONTHLY, UNLESS A DIFFERENT PERIOD IS SHOWN AT CHECKOUT) FOR THE SAME PERIOD AT THE THEN-CURRENT PRICE UNTIL YOU CANCEL. By purchasing a subscription, you authorize us and our payment processor to charge your payment method at the start of each billing period, plus any additional usage charges and applicable taxes, without further approval from you.
  • Price changes. We may change subscription prices. We will give you at least 30 days’ notice by email or in the Services before a price increase applies to your subscription, and the notice will tell you how to cancel. If you do not cancel before the increase takes effect, you agree to the new price.
  • Taxes. Fees do not include taxes. You are responsible for all applicable sales, use, and similar taxes, other than taxes on our income.
  • Failed payments. If a payment fails, we may retry the charge, and we may suspend or downgrade your access until the balance is paid. You remain responsible for unpaid amounts.
  • Acknowledgment. After you purchase, we will email you a confirmation that states the plan, price, billing period, the fact that the subscription renews automatically, and how to cancel. Keep it for your records.
  • Cancellation. You may cancel at any time through your account settings or by emailing info@govqon.com from the email address on your account. We will not require you to call, chat, or take any step beyond confirming your request. Cancellation stops future charges, and you keep access until the end of the billing period you have paid for. Cancellation does not entitle you to a refund except as stated in Section 7.
  • Billing disputes. Please contact us about any billing problem within 60 days of the charge so we can try to resolve it. This does not limit any rights you have with your bank or card issuer.

7.Refunds and Cancellation

7.1 Subscription fees. Subscription fees are non-refundable once charged, except as expressly stated in this Section or as required by law. We do not provide prorated refunds or credits for partial billing periods, unused allowances, downgrades, or periods during which you did not use the Services.

7.2 Cancelling a subscription. You may cancel at any time as described in Section 6. When you cancel, your plan stays active through the end of the billing period you have already paid for, your subscription will not renew, and no further charges will be made. Cancelling does not entitle you to a refund of the current billing period.

7.3 Exceptions for subscriptions. We will refund prepaid subscription fees only in the following cases: (a) where a refund is required by applicable law; (b) where we materially reduce the core functionality of your paid plan during a billing period you have already paid for and you cancel, in which case Section 20 applies and we will refund the prepaid fees for the unused remainder of that billing period; and (c) where we terminate your subscription for our convenience and not because of your breach, in which case Section 26 applies and we will refund the prepaid fees for the unused portion of the current billing period.

7.4 Free trial. The free trial described in Section 5 does not require a payment method and does not convert automatically to a paid plan. You will not be charged anything unless and until you choose a paid plan and provide a payment method. You may stop using the trial at any time with no charge.

7.5 Professional Services fees. Professional Services fees are payable in advance as stated in Section 8. If you cancel a Professional Service in writing before we have begun work on it, we will refund the fees you paid for that service in full. Once we have begun work on a Professional Service, including gathering your information, preparing drafts, or communicating with an agency on your behalf, the fees for that service are non-refundable, whether or not the service is completed, except where a refund is required by law or we terminate the engagement for our convenience under Section 26, in which case we will refund fees for work not yet performed. Government filing fees and other third-party charges described in Section 8 are never refundable by us once incurred.

7.6 How refunds are paid. Any refund will be made to the original payment method within a reasonable time after it is approved, typically within 10 business days, less any amounts you owe us.

7.7 Consistency with checkout. If the refund or cancellation terms shown at checkout for a specific plan or service differ from this Section, the checkout terms control for that purchase.

8.Professional Services

We offer professional services such as SAM.gov registration assistance, capability statement preparation, and assistance preparing applications for 8(a) and other certifications or designations (“Professional Services”). The following terms apply:

  • Scope. Each Professional Service includes only the work described on our website, order form, or written statement of work at the time of purchase. Additional work requires a separate agreement and fee.
  • Fees. Professional Services fees are as shown at purchase and are payable in advance unless we agree otherwise in writing. Prices shown as “starting at” depend on the scope of your engagement, which we will confirm before you pay.
  • Government and third-party fees are separate. Our fees do not include any government filing fees, notary fees, document retrieval fees, credit report fees, or other third-party charges. You are responsible for those charges.
  • Your cooperation. You will provide complete, accurate, and truthful information and documents promptly, review all drafts, and respond to our requests and to agency requests on time. We are not responsible for delays or denials caused by incomplete or inaccurate information, late responses, or agency actions.
  • You are the applicant. You remain the registrant or applicant at all times. You are responsible for reviewing and approving everything submitted in your name, and you personally make and sign all representations, certifications, and attestations. You authorize us to act on your instructions in preparing and, where you specifically authorize it, submitting materials on your behalf.
  • Completion. A Professional Service is considered begun when we start gathering your information or preparing work product, and performed when we deliver the work product or submit the registration or application, as applicable. Agency processing times, requests for more information, appeals, and renewals are outside our control and are not included unless stated in your order.
  • Agency decisions. Approval, activation, and certification decisions are made solely by the government agency. We do not control and cannot influence those decisions.
  • Credentials. You will not share your Login.gov, SAM.gov, MySBA, or other government-system credentials with us. Where a government system allows you to designate a third party to act in a defined role, you may designate us, and we will act only within that role. Otherwise, you will enter and submit information yourself using the materials we prepare.
  • Disclosure of our role. Some applications and registrations ask whether you used a consultant, agent, or representative and what you paid. You will answer those questions truthfully and disclose our engagement and fees where asked. We will never ask you to conceal our involvement.
  • Representations and certifications. All representations, certifications, and attestations in SAM.gov, in any certification application, and in any proposal are yours. We may draft them for your review, but you make them, and you are responsible for their truth and accuracy.

9.No Guarantee of Results

WE DO NOT GUARANTEE, AND YOU ACKNOWLEDGE WE HAVE NOT PROMISED, ANY PARTICULAR RESULT, INCLUDING THAT: YOU WILL WIN ANY CONTRACT, GRANT, OR AWARD; ANY PROPOSAL WILL BE COMPLIANT, ACCEPTED, OR HIGHLY SCORED; ANY REGISTRATION WILL BE ACTIVATED OR APPROVED, OR COMPLETED WITHIN ANY PARTICULAR TIME; YOU ARE OR WILL BE ELIGIBLE FOR ANY SET-ASIDE, SOLE-SOURCE, OR SMALL BUSINESS PROGRAM; OR ANY CERTIFICATION OR DESIGNATION (INCLUDING 8(a), WOSB, EDWOSB, SDVOSB, OR HUBZONE) WILL BE GRANTED. Statistics, examples, and descriptions on our website are illustrative and are not a prediction or promise of your results. Eligibility for government programs is determined solely by the responsible government agency under its own rules.

10.Your Responsibilities and Compliance

You are solely responsible for:

  • the accuracy, completeness, and truthfulness of all information you provide to us, enter into the Services, or submit to any government agency, prime contractor, or other party, including proposals, pricing, past performance, and representations and certifications;
  • determining your own size status, socioeconomic status, and eligibility for any set-aside or program, and for any self-certification you make;
  • complying with all laws and regulations that apply to you, including the Federal Acquisition Regulation (FAR) and agency supplements, SAM.gov registration requirements and representations and certifications, SBA regulations, solicitation instructions, procurement integrity rules, lobbying and gratuity restrictions, and state and local procurement laws;
  • any liability arising from your submissions, including under the False Claims Act, the Program Fraud Civil Remedies Act, 18 U.S.C. § 1001, state false-claims and governmental-record laws, and similar laws, and any suspension, debarment, or other penalty; and
  • reviewing and approving every proposal, document, and submission before it is sent, regardless of whether the Services or our team helped prepare it.

11.AI Features and Generated Content

The Services include features that use artificial intelligence, such as Qonnie, Auto Pilot, proposal drafting, and AI color-team reviews, to summarize solicitations, recommend actions, and generate draft content (“Output”). Output is generated automatically, may be inaccurate, incomplete, outdated, or similar to output provided to others, and may not reflect the requirements of a solicitation. Automations act on the rules and settings you choose. You must independently review and verify all Output and automated actions before relying on them, and you are solely responsible for any Output you use or submit. Automations, including Auto Pilot, run only on the rules, settings, and approvals you configure, and nothing is submitted to any government agency or third party unless you direct it. As between you and GovQon, and subject to these Terms and to any third-party rights in materials you provided, you own the Output generated for you; we make no representation that Output is original or protectable by copyright. You will not use Output or the Services to develop a competing AI model or to violate any law or any AI provider acceptable-use policy that we make available to you.

12.Not Legal, Tax, or Accounting Advice

GovQon is not a law firm, accounting firm, or government agency. The Services, Output, Professional Services, and any communications from our team are for general business and informational purposes only and are not legal, tax, accounting, financial, or regulatory advice. No attorney-client, fiduciary, or other professional relationship is created by your use of the Services. You should consult your own qualified attorney, accountant, or other professional about your specific situation, including your eligibility for any program and your compliance obligations. No GovQon personnel will give you legal advice, and nothing in our communications is a legal opinion about your eligibility or compliance.

13.Third-Party and Government Data

The Services compile information from third-party and public sources, including SAM.gov, Grants.gov, state, local, and international procurement portals, and directories of contracting officers and potential subcontractors. We do not control these sources. This information may be incomplete, delayed, inaccurate, or changed after we retrieve it, and opportunities, deadlines, amendments, and contact details may differ from the official source. Always confirm information, deadlines, and requirements on the official solicitation or agency source before acting. You will use contact information obtained through the Services only for legitimate business purposes and in compliance with applicable law, including anti-spam and telemarketing laws, solicitation communication restrictions, and procurement integrity rules, including the Procurement Integrity Act (41 U.S.C. §§ 2101–2107) and FAR 3.104. Your use of that contact information is covered by Section 23.

14.Text Messaging (SMS) Program Terms

GovQon offers two optional text messaging programs:

  • Account and payment alerts (non-marketing): messages about your payments and subscription, such as payment confirmations, billing notices, and account updates.
  • Marketing messages: special offers, discounts, new product updates, and similar promotional messages.

You enroll in each program separately by checking the applicable box on our forms and providing your mobile number. Consent is not a condition of any purchase. By opting in, you give GovQon your prior express written consent to receive recurring automated text messages, of the type for the program you selected, at the mobile number you provided. Consent is to GovQon only. Message frequency varies. Message and data rates may apply. Reply HELP for help, or contact us at info@govqon.com or (656) 208-3267. Reply STOP to any message to cancel. We will send one confirmation message. Unless you reply to that confirmation to tell us you want to continue receiving a particular program, your STOP will end all GovQon text messages to that number. You may opt back in at any time. Carriers are not liable for delayed or undelivered messages. You represent that you are the subscriber or authorized user of the mobile number you provide, and you agree to notify us if you give up that number. Our handling of mobile information is described in our Privacy Policy; we do not share or sell mobile numbers or text messaging opt-in data to third parties for marketing purposes.

15.Customer Content

You keep ownership of the information, documents, and other content you upload or enter into the Services (“Customer Content”). You grant GovQon and its service providers a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Customer Content solely as needed to provide, secure, and support the Services for you, to comply with law, and as described in our Privacy Policy. We will treat Customer Content as your confidential information and will not disclose it except to service providers bound by confidentiality obligations, as you direct, or as required by law. Our third-party AI service providers are engaged under commercial terms that prohibit them from using Customer Content to train their models, and we do not permit any such use. We may use aggregated, de-identified usage data that does not identify you or any solicitation you are pursuing to improve the Services. On request, we will delete or return Customer Content as described in Section 26. You represent that you have all rights needed to provide Customer Content and that it does not violate any law or anyone’s rights, including confidentiality obligations to agencies or teaming partners. You are responsible for backing up your Customer Content. If you send us suggestions or feedback, we may use them without restriction or compensation to you.

16.GovQon Intellectual Property

The Services, including the software, website, design, text, graphics, logos, the names GovQon, Qonnie, and other product and feature names, all data compilations, directories, and databases in the Services, and all related intellectual property, are owned by GovQon or its licensors and are protected by law. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business purposes during your subscription. All rights not expressly granted are reserved.

17.Acceptable Use

You will not, and will not allow anyone else to:

  • use the Services to submit false, misleading, or fraudulent information to any government agency or other party, or to misrepresent your size, status, or eligibility;
  • violate any law or regulation, or anyone’s intellectual property, privacy, or other rights;
  • copy, scrape, crawl, harvest, resell, sublicense, or redistribute the Services or any data from them, including contracting officer and subcontractor contact information, except as the Services expressly allow for your own internal use;
  • share login credentials or let people outside your organization use your account, or exceed your plan’s usage limits by creating multiple accounts;
  • reverse engineer, decompile, or attempt to discover the source code or underlying models of the Services, or use the Services to build a competing product;
  • interfere with, disrupt, overload, or attempt to gain unauthorized access to the Services or related systems, or bypass any security or usage limit;
  • upload malware or content that is unlawful, defamatory, harassing, or infringing, or upload or process classified information, Controlled Unclassified Information (CUI) as defined in 32 C.F.R. Part 2002, or technical data controlled under the ITAR or EAR. The Services are not designed or certified to protect such information, and we are not responsible for any consequence of your uploading it; or
  • use the Services to send spam or unsolicited communications.

18.Third-Party Services

The Services rely on and link to third-party services, such as Google sign-in, payment processors, messaging providers, hosting providers, AI technology providers, and government websites. Your use of third-party services is governed by their terms, and we are not responsible for their availability, content, security, or acts. We may change or discontinue any third-party integration at any time.

19.Referral and Affiliate Programs

Participation in our referral or affiliate program is governed by the separate program terms we provide. We may change or end any such program at any time. Affiliates may not promise results or imply any affiliation with the government.

20.Changes to the Services

We may add, change, suspend, or remove features, data sources, tools, or plans at any time. If we make a change that materially reduces the core functionality of a paid plan during a billing period you have paid for, you may cancel, and we will refund the prepaid fees for the unused remainder of that billing period as your sole remedy.

21.Disclaimer of Warranties

THE SERVICES, OUTPUT, PROFESSIONAL SERVICES, AND ALL INFORMATION AND CONTENT PROVIDED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GOVQON AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS (THE “GOVQON PARTIES”) DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, THE GOVQON PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT ANY DATA, OPPORTUNITY, DEADLINE, CONTACT, OR OUTPUT WILL BE ACCURATE, COMPLETE, OR CURRENT; THAT ANY ALERT OR AUTOMATION WILL RUN OR BE DELIVERED ON TIME; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY RESULT. THE GOVQON PARTIES MAKE NO WARRANTY THAT ANY PROFESSIONAL SERVICE WILL RESULT IN AN ACTIVE REGISTRATION OR A GRANTED CERTIFICATION, OR THAT ANY AGENCY WILL ACT WITHIN ANY TIME. YOU USE THE SERVICES AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

22.Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL THE GOVQON PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, CONTRACTS, AWARDS, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA, OR ANY MISSED DEADLINE, REJECTED OR NON-COMPLIANT PROPOSAL, DENIED OR DELAYED REGISTRATION OR CERTIFICATION, GOVERNMENT PENALTY, SUSPENSION, OR DEBARMENT, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL AGGREGATE LIABILITY OF THE GOVQON PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES YOU ACTUALLY PAID TO GOVQON FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. NOTHING IN THIS SECTION LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR YOUR PAYMENT OR INDEMNIFICATION OBLIGATIONS, OR FOR ANY LIABILITY THAT CANNOT BE LIMITED BY LAW. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND GOVQON. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

23.Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the GovQon Parties from and against all claims, demands, investigations, losses, liabilities, damages, penalties, fines, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services or Output; (b) your Customer Content; (c) any information, proposal, representation, certification, or submission you make to any government agency or other party, including any claim under the False Claims Act or similar law; (d) your violation of these Terms or any law; or (e) your violation of anyone’s rights. We may assume control of the defense of any matter at your expense, and you will cooperate with us. You will not settle any matter that imposes obligations on us without our written consent. Your indemnification obligation does not apply to the extent a claim is caused by GovQon’s gross negligence or willful misconduct. We will give you prompt written notice of any claim for which we seek indemnification (a delay relieves you only to the extent you are prejudiced), and we will not settle a claim in a way that requires you to admit fault or pay amounts not covered by this Section without your consent, which you will not unreasonably withhold.

24.Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this Section carefully. It affects your rights.

24.1 Informal resolution. Before starting an arbitration or court case, the party with a dispute must send the other a written notice describing the dispute and the relief requested (to us at the contact information in Section 31). The parties will try in good faith to resolve the dispute informally for 60 days after the notice is received. The notice must be signed by the party or its authorized representative. Any applicable limitations period is tolled during the 60-day informal-resolution period.

24.2 Agreement to arbitrate. Except as provided in Section 24.4, you and GovQon agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and GovQon, including disputes about the scope, enforceability, or arbitrability of this Section, will be resolved by final and binding arbitration on an individual basis. The Federal Arbitration Act governs this Section.

24.3 Rules and location. Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect (available at https://www.adr.org), before a single arbitrator. The arbitration will take place in Tarrant County, Texas, unless the parties agree otherwise, and may be conducted by video conference or on written submissions where the rules permit. If the AAA determines that its Consumer Arbitration Rules apply, those rules and the AAA consumer fee schedule will govern filing and arbitrator fees, and GovQon will pay any portion of those fees the rules require it to pay. Otherwise, filing and arbitrator fees will be paid as provided in the AAA rules. Each party will bear its own attorneys’ fees and costs, except where applicable law requires or permits the arbitrator to award fees to the prevailing party. The arbitrator may award the same individual relief a court could award, consistent with these Terms, and judgment on the award may be entered in any court with jurisdiction.

24.4 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect its intellectual property or confidential information or to stop unauthorized use of the Services, and (c) seek relief in court to enforce an arbitration award.

24.5 Class action and jury waiver. YOU AND GOVQON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PARTY OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND GOVQON EACH WAIVE THE RIGHT TO A JURY TRIAL.

24.6 Severability of this Section. If the class action waiver in Section 24.5 is found unenforceable as to any claim, that claim must be severed and decided in court under Section 25, and the rest of this Section will still apply. If any other part of this Section is found unenforceable, the rest will remain in effect.

24.7 Right to opt out. You may opt out of this agreement to arbitrate by emailing info@govqon.com, with the subject line “Arbitration Opt-Out,” within 30 days after you first accept these Terms. Your email must include your name, your company name, and the email address associated with your account, and state that you opt out of arbitration. Opting out does not affect any other part of these Terms.

24.8 Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within two years after the claim arises, or it is permanently barred. This Section does not shorten any limitations period that applicable law does not permit the parties to shorten.

24.9 Changes to this Section. Any change we make to this Section 24 will apply only to claims that arise after the change takes effect, will not apply to any dispute of which either party has given notice before the change, and will take effect only after we give you at least 30 days’ notice. If you do not agree to a change to this Section, you may reject it by sending the opt-out notice described in Section 24.7 within 30 days after the notice, and the prior version will continue to apply to you.

25.Governing Law and Venue

These Terms and any dispute between you and GovQon are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and, where applicable, the Federal Arbitration Act. For any matter not subject to arbitration, you and GovQon consent to the exclusive jurisdiction of, and venue in, the state and federal courts located in Tarrant County, Texas, and waive any objection based on inconvenient forum. If the designation of Tarrant County is unenforceable for any claim, you and GovQon still consent to the exclusive jurisdiction of the state and federal courts located in the State of Texas for that claim.

26.Term, Suspension, and Termination

These Terms apply from the time you first use the Services until terminated. You may stop using the Services and cancel your subscription at any time as described in Section 6. We may suspend or terminate your access to all or part of the Services at any time, with or without notice, if you violate these Terms, fail to pay, create risk or legal exposure for us or others, or if we discontinue the Services. If we terminate your subscription for convenience and not because of your breach, we will refund any prepaid fees for the unused portion of the current billing period. On termination, your right to use the Services ends. For 30 days after termination you may export your Customer Content using the tools in the Services or by request, after which we may delete your account and Customer Content as described in our Privacy Policy, unless we are required to keep them. Sections 2, 3 (No reliance), 7, 9 through 13, 15 (as to your representations and the license to the extent needed to wind down), 16, 21 through 25, and 29 through 31, and any other provision that by its nature should survive, survive termination.

27.Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, government shutdowns or lapses in appropriations, outages or changes of SAM.gov or other government systems, failures of internet, hosting, power, or telecommunications providers, cyberattacks, or failures of third-party services. This Section does not excuse your payment obligations. If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected subscription or engagement, and we will refund prepaid fees for services not performed.

28.Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the “Last Updated” date. If we make material changes, we will provide notice by email or in the Services at least 30 days before the changes take effect, unless a shorter period is required by law. Changes will not apply retroactively or to disputes that arose before the change, and changes to Section 24 are also subject to Section 24.9. Your continued use of the Services after changes take effect means you accept them. If you do not agree, you must stop using the Services and cancel your subscription.

29.Electronic Communications and Notices

You agree to receive communications from us electronically, including by email, in the Services, and (if you opt in) by text message, and agree that electronic communications satisfy any legal requirement that they be in writing. We may send notices to the email address associated with your account. You must send legal notices to us as stated in Section 31. Notices to GovQon are effective when received; notices to you are effective when sent to your account email. To receive electronic communications you need a device with internet access, a current web browser, and an email account. You may withdraw consent to electronic delivery by contacting us, in which case we may close your account because the Services cannot be provided without electronic communications.

30.General

These Terms, together with our Privacy Policy and any order form or statement of work you sign with us, are the entire agreement between you and GovQon about the Services and supersede any prior agreements. If an order form or statement of work conflicts with these Terms, the order form or statement of work controls only for that engagement. If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will stay in full effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our written consent; we may assign them without restriction. You and GovQon are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. Headings are for convenience only, and “including” means “including without limitation.” You will comply with all applicable U.S. export control and sanctions laws in using the Services. Except for the GovQon Parties, who may enforce Sections 21, 22, and 23, there are no third-party beneficiaries of these Terms.

Notice to California users. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs using the contact information published by that Department.

31.Contact Us

Questions about these Terms, and all legal notices, should be sent to:

GovQon, LLC
Attn: GovQon Legal Team
PO Box 17, Grandview, Texas 76050
Email: info@govqon.com
Phone: (656) 208-3267
Website: https://govqon.com

Back to top ↑

GovQon, government contracting platform

Find, analyze, bid and win government contracts from one platform.

Product

  • Features
  • Pricing

Company

  • About
  • Contact

Account

  • Log in
  • Start free trial

© GovQon, LLC

  • Privacy
  • Terms