Effective Date: July 7, 2026
These Terms of Service ("Terms") constitute a binding agreement between GovGuard Inc. ("GovGuard," "we," or "us") and the customer or user identified in the applicable Order Form or account registration ("Customer" or "you").
The Service is software that assists government teams with public records and FOIA workflows, including search, redaction assistance, response drafting, and request management. By accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an agency, municipality, or other entity, you represent that you have the authority to bind that entity.
1.1 Access Rights: Subject to these Terms and payment of applicable fees, GovGuard grants Customer a non-exclusive, non-transferable right to access and use the Service for its internal business purposes during the subscription term.
1.2 Authorized Users: Customer is responsible for maintaining the confidentiality of account credentials and for all activity conducted under its account, including actions taken by its employees, contractors, or agents ("Authorized Users").
1.3 Acceptable Use: Customer shall not (a) reverse engineer the Service; (b) use the Service to build a competing product; (c) use the Service for any unlawful purpose or in violation of applicable law; or (d) upload information that the Customer is not authorized to process through the Service.
2.1 Customer Data: Customer retains all ownership rights to the documents, records, and other information uploaded to or generated through the Service on its behalf ("Customer Data"). Customer grants GovGuard a limited license to host, process, and use Customer Data solely to provide and support the Service.
2.2 GovGuard IP: GovGuard retains all rights, title, and interest in the Service, including the underlying software, models, and interfaces. No rights are granted except as expressly set forth in these Terms.
Fees, billing frequency, and payment terms are set forth in the applicable Order Form or order documentation. Where Customer is a government entity, payment obligations may be subject to the availability of appropriated funds; Customer agrees to notify GovGuard promptly if funds are not appropriated for a renewal term.
The Service uses artificial intelligence to assist with tasks such as search, redaction, and response drafting. AI-assisted outputs are provided to support Customer's workflow and are not a substitute for human review or legal judgment.
Customer is responsible for reviewing all outputs, redactions, and final disclosures before release. Customer is also responsible for ensuring that its use of the Service complies with all applicable public records laws, FOIA laws, privacy laws, procurement rules, and Customer's internal policies. GovGuard does not provide legal advice.
Each party agrees to protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar sensitivity, and in any event no less than reasonable care. GovGuard maintains reasonable technical and organizational safeguards designed to protect Customer Data; further detail is provided in our Privacy Policy.
GovGuard acknowledges that Customer may be a public entity subject to state public records, freedom-of-information, sunshine, or similar transparency laws, and that these Terms, related order documentation, and communications between the parties may themselves be subject to disclosure under such laws. Customer's confidentiality obligations under these Terms apply only to the extent permitted by applicable law.
If Customer receives a public records request seeking GovGuard's Confidential Information, Customer will, to the extent permitted by law, notify GovGuard promptly so that GovGuard may seek to protect information that is exempt from disclosure. Customer's good-faith compliance with its public records obligations will not constitute a breach of these Terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, GOVGUARD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GOVGUARD DOES NOT WARRANT THAT THE SERVICE OR ITS OUTPUTS WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO GOVGUARD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These Terms remain in effect for the duration of the subscription. Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. Upon termination, Customer may request a reasonable export of its Customer Data in accordance with the Service's standard export functionality.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms.
Notwithstanding the foregoing, if Customer is a state or local government entity that is required by applicable law to be governed by the laws of its own jurisdiction, these Terms will be governed by the laws of the state in which Customer is located, and venue will lie in the state or federal courts of that state.
11.1 Order of Precedence: If there is a conflict between these Terms and a mutually executed Order Form or other written agreement between the parties, the Order Form or written agreement controls.
11.2 Notices: Legal notices must be in writing. Notices to GovGuard should be sent to support@govguard.com. Notices to Customer will be sent to the contact identified in the applicable Order Form or to the account administrator's email address on file.
11.3 Assignment: Neither party may assign these Terms without the other party's prior written consent, except that GovGuard may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any other attempted assignment is void.
11.4 Force Majeure: Neither party is liable for any delay or failure to perform (other than payment obligations) caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, governmental action, or failures of the internet or utility providers.
11.5 Severability and Waiver: If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full effect. A party's failure to enforce a provision is not a waiver of its right to do so later.
11.6 Entire Agreement: These Terms, together with any Order Forms and policies referenced herein, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous discussions and agreements on that subject.
GovGuard may update these Terms from time to time. If changes are material, we will provide reasonable notice (for example, via email or in-product notice). Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes.
For questions regarding these Terms, please contact us at support@govguard.com.