Atlantic BidFlow provides a subscription-based online service designed to assist users in identifying, reviewing, organizing, and drafting responses to government contracting and bidding opportunities, including but not limited to opportunity monitoring, summaries, filters, alerts, and AI-assisted drafting tools (collectively, the “Services”). The website currently markets features such as opportunity matching, AI summaries, proposal drafting, and related workflow tools.
We may modify, improve, suspend, or discontinue any part of the Services at any time, with or without notice.
Atlantic BidFlow is a private commercial service. It is not operated by, endorsed by, sponsored by, or affiliated with SAM.gov, the U.S. federal government, or any government agency, unless expressly stated in writing.
You represent and warrant that:
To use certain Services, you may be required to create an account and provide information about yourself or your business. You agree to provide accurate, current, and complete information and to keep it updated.
You are responsible for:
You may submit business information, company qualifications, past performance materials, solicitation documents, PDFs, bid information, and other content to the Services (“Subscriber Content”).
You retain ownership of your Subscriber Content. You grant Atlantic BidFlow a non-exclusive, worldwide, royalty-free license to host, use, process, reproduce, transmit, analyze, and display Subscriber Content solely as necessary to provide, maintain, improve, and support the Services.
You represent and warrant that:
Subject to this Agreement, Atlantic BidFlow grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.
You may not:
The Services may use automated tools, including artificial intelligence, to generate summaries, recommendations, proposal language, compliance notes, or draft documents.
You acknowledge and agree that:
The Services are an assistance tool only and are not legal advice, procurement advice, accounting advice, or professional consulting services.
Atlantic BidFlow does not guarantee that:
Past or anticipated performance of the Services is not a guarantee of future results.
You agree to pay all subscription fees, usage fees, drafting fees, or other charges applicable to your selected plan, as displayed on the website or otherwise agreed in writing.
Unless otherwise stated:
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period; you will retain access to the Services through that date. Fees paid for the current billing period are non-refundable except as required by applicable law.
We may change pricing prospectively upon notice by posting updated pricing or otherwise notifying you.
This Agreement begins when you first access or use the Services and continues until terminated.
You may terminate this Agreement by ceasing use of the Services and canceling any subscription.
We may suspend or terminate your access immediately, with or without notice, if:
Upon termination:
The Services, including the website, software, interface, workflows, text, graphics, branding, code, design, compilations, and all related intellectual property, are owned by Atlantic BidFlow, Atlantic Merchant Capital Investors, LLC, or their licensors, and are protected by applicable intellectual property laws.
Except for the limited rights expressly granted in this Agreement, no rights are granted to you by implication, estoppel, or otherwise.
You agree not to disclose or use any non-public information you obtain through the Services relating to the Company, its technology, pricing, business methods, or other users, except as required for authorized use of the Services or as required by law.
We will use commercially reasonable efforts to protect Subscriber Content, but you acknowledge that no internet-based system or storage method is completely secure.
Your use of the Services is subject to our Privacy Policy, as posted on the website and updated from time to time. To the extent there is a conflict between this Agreement and the Privacy Policy, this Agreement governs with respect to contractual terms.
We will retain your Subscriber Content for the duration of your active subscription and for a reasonable period thereafter, not to exceed ninety (90) days following termination, to allow you to retrieve your data. Upon written request submitted after termination, we will delete your Subscriber Content from our active systems within thirty (30) days, except to the extent retention is required by law, regulation, or legitimate business purposes such as resolving disputes or enforcing this Agreement. Residual copies in backup systems will be purged in accordance with our standard backup rotation schedule.
In the event of a security breach that results in unauthorized access to, or disclosure of, your Subscriber Content, we will notify you without unreasonable delay and in no event later than seventy-two (72) hours after becoming aware of the breach. Such notification will include, to the extent reasonably known at the time: (a) a description of the nature of the breach; (b) the categories and approximate volume of data affected; (c) the measures taken or proposed to address the breach; and (d) a point of contact for further information. We will cooperate with you as reasonably necessary to investigate and mitigate the impact of the breach.
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATLANTIC BIDFLOW, ATLANTIC MERCHANT CAPITAL INVESTORS, LLC, AND THEIR RESPECTIVE AFFILIATES, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT ANY OUTPUT, DRAFT, SUMMARY, MATCH, FILTER, OR ALERT WILL BE ACCURATE, COMPLETE, TIMELY, COMPLIANT, OR SUITABLE FOR SUBMISSION, RELIANCE, OR ANY PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATLANTIC BIDFLOW, ATLANTIC MERCHANT CAPITAL INVESTORS, LLC, OR ANY OF THEIR RESPECTIVE AFFILIATES, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, COST OF SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF ATLANTIC BIDFLOW AND ATLANTIC MERCHANT CAPITAL INVESTORS, LLC ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF CONSIDERATION ACTUALLY PAID BY YOU TO ATLANTIC BIDFLOW FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless Atlantic BidFlow, Atlantic Merchant Capital Investors, LLC, and their respective affiliates, owners, managers, officers, employees, contractors, licensors, and agents from and against any claims, demands, actions, damages, losses, liabilities, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY FINAL AND BINDING ARBITRATION INSTEAD OF IN COURT.
Any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, your use of the website, any subscription, payment, output, proposal draft, or relationship between the parties (collectively, “Disputes”) shall be resolved exclusively by final and binding arbitration, except for claims that qualify for small claims court or claims for injunctive relief relating to intellectual property or misuse of the Services.
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its applicable commercial arbitration rules then in effect, unless the parties agree otherwise in writing.
The seat and venue of the arbitration shall be Hillsborough County, Florida. The arbitration may proceed in person, by submission of documents, remotely, or by a combination thereof, as determined by the arbitrator consistent with applicable rules.
This Agreement and any Dispute shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles. The parties specifically agree that the situs for arbitration and any permitted court proceeding shall be Hillsborough County, Florida.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY PERMITTED COURT PROCEEDING.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
The arbitrator shall have exclusive authority to resolve any Dispute, including issues of arbitrability, scope, formation, enforceability, and validity of this arbitration provision, except where such delegation is prohibited by law.
To the extent permitted by law, the arbitration proceeding, filings, evidence, and award shall be treated as confidential by the parties.
For any matter not subject to arbitration, and for enforcement of any arbitration award, the parties agree to the exclusive jurisdiction of the state and federal courts located in or serving Hillsborough County, Florida, and waive any objection based on venue or forum non conveniens.
We shall not be liable for any failure or delay resulting from causes beyond our reasonable control, including internet outages, platform failures, third-party service interruptions, cyberattacks, labor disputes, acts of God, governmental actions, wars, terrorism, pandemics, or utility failures.
We may provide notices under this Agreement by email, website posting, account notification, or other reasonable means. You consent to receive electronic notices.
Notices to Atlantic BidFlow shall be sent to:
Atlantic Merchant Capital Investors, LLC d/b/a Atlantic BidFlow
501 E. Kennedy Blvd., Suite 810
Tampa, Florida 33602
We may revise this Agreement from time to time by posting an updated version on the website. For material changes—including changes to fees, liability limitations, arbitration terms, or data handling practices—we will provide you with at least thirty (30) days’ prior written notice via email or prominent account notification before the changes take effect. For non-material changes, the updated version becomes effective upon posting. Your continued use of the Services after the effective date of a revised Agreement constitutes acceptance of the revised terms. If you do not agree with a material change, you may terminate your subscription before the effective date of the change in accordance with Sections 9.1 and 10.
This Agreement, together with any program-specific addendums accepted by you (such as the Growth Partner Program Addendum), constitutes the entire agreement between you and Atlantic BidFlow regarding the Services and supersedes all prior or contemporaneous understandings, communications, and proposals, whether oral or written, relating to the subject matter hereof. In the event of a conflict between this Agreement and an addendum, the addendum controls solely with respect to the subject matter it governs.
If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be enforced to the maximum extent permitted by law.
No waiver of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default.
You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement freely, including in connection with a merger, sale, reorganization, or transfer of assets.
You agree that your electronic assent, including by clicking a button, checking a box, registering an account, subscribing, or using the Services, constitutes your legal signature and acceptance of this Agreement.
Participation in the Atlantic BidFlow Growth Partner Program is governed by the Growth Partner Program Addendum (“Addendum”), which is incorporated into and made part of this Agreement for Growth Partner Program participants. The Addendum is available at fedbids.com/growth-partner-addendum.
The Growth Partner Program is invitation-only and provides access to the Services at no monthly subscription cost in exchange for a success fee on qualifying federal prime contract awards, subject to the terms and caps set forth in the Addendum.
Growth Partner Program participants must accept both this Agreement and the Addendum during enrollment. All provisions of this Agreement apply to Growth Partner participants, except as expressly modified by the Addendum. In the event of a conflict, the Addendum governs with respect to program-specific terms including fees, attribution, invoicing, disputes, and termination of program participation.
The current version of the Addendum is Version 2026-04, effective April 2026. Atlantic BidFlow may revise the Addendum prospectively upon notice in accordance with Section 21.