Terms of Service
These Terms of Service (Terms) govern access to and use of the GovBuyX website, authenticated platform, FedBidX, and other modules or services that expressly reference these Terms (collectively, the Service).
GovBuyX is a subsidiary company of Wakaga Economic Development Group. The GovBuyX operating company identified in the Ownership Disclosure at https://www.govbuyx.com/legal/ownership is the provider referred to as “GovBuyX,” “we,” “us,” or “our.”
Acceptance, eligibility, and company authority
By accepting these Terms through the account-activation process, an order, or another expressly identified acceptance mechanism, you agree to them. Use of public website content is subject to these Terms to the extent enforceable under applicable law. If you do not agree, do not activate an account or use the Service.
You must be at least 18 years old and have the legal capacity to enter the applicable agreement. If you accept for an organization, you represent that you have authority to bind it. “Customer” means that organization, or the individual contracting in their own capacity. Each authorized user must comply with the provisions relevant to their use; an invitation alone does not give an employee authority to bind an employer.
A signed enterprise agreement or accepted order may supplement these Terms and control a specific conflict within its subject matter. A valid data-processing agreement controls the processing it specifically addresses. No order, invoice, customer purchase-order boilerplate, or routine employee communication overrides the sovereign-immunity requirements below without the express authorization those requirements demand.
Organizational context and sovereign disclosure
Wakaga Economic Development Group is the wholly owned Indian Economic Enterprise and economic development organization of the Wakpamni Lake Community. The Wakpamni Lake Community government is a local subsidiary municipal tribal government of the Oglala Sioux Tribe (OST), a federally recognized tribal government. GovBuyX is a subsidiary of Wakaga and maintains its own customer-facing company and software identity.
Nothing in these Terms alters that governmental relationship or waives a sovereign right, privilege, immunity, jurisdictional protection, or defense applicable to GovBuyX, Wakaga, the Wakpamni Lake Community, or the Oglala Sioux Tribe. The governing-law and no-waiver provisions below are material parts of these Terms. They preserve protections that exist under governing law; they do not create immunity by agreement.
Invitations, accounts, and permissions
Access is currently by invitation. GovBuyX or an authorized company administrator may create or invite an account. We may decline an invitation request or withdraw an unused invitation for legitimate operational, security, or eligibility reasons. Invitation codes are personal, single-use, and subject to the expiry stated when issued. A replacement invalidates the prior code.
Provide accurate account and company information and keep it current. Do not share passwords, authentication devices, recovery codes, invitation codes, or individual accounts. Each person must use their own authorized account. Report suspected compromise promptly and cooperate with reasonable account-protection measures.
Customers administer their users, roles, work assignments, and spending permissions. They are responsible for authorizing access and promptly removing it when no longer appropriate. Users are responsible for activity they authorize and for reasonable credential protection; this does not make a user responsible for an incident to the extent caused by GovBuyX’s own breach of its obligations.
Company ownership does not automatically grant workspace access. Membership and applicable permissions determine access to each company’s information. Authorized platform administrators may have separate operational and support access as described in the Privacy Policy.
What GovBuyX provides
The Service helps users find and assess opportunities, organize business information, prepare documents, review work, and manage contracting, grant, and procurement workflows. Available functions depend on the enabled products, account permissions, and applicable order.
GovBuyX is not a United States government agency and is not endorsed by SAM.gov, Grants.gov, or an awarding agency merely because it uses public information. A search result, matching score, draft, workflow label, or readiness status is not a government determination, certification, offer of funding, or promise of an award.
GovBuyX does not submit a bid, proposal, grant application, certification, or other filing to the government for you under the current Service. Marking an item “submitted” records a workflow status; it does not transmit a filing. You remain responsible for the required submission method, authorized signatory, timely delivery, and confirmation of receipt.
If a future feature enables an external transmission, its destination, authorization, and additional terms must be expressly presented before that transmission. Procurement or ordering tools do not themselves make GovBuyX the seller, purchaser, contracting agent, or guarantor in a separate transaction. Those roles and any delivery, tax, payment, or return obligations must be established in the applicable transaction documents.
Official sources, eligibility, and professional judgment
Opportunity information is retrieved from public sources, including SAM.gov and Grants.gov, and may be incomplete, delayed, amended, cancelled, or withdrawn after retrieval. Verify requirements, attachments, amendments, eligibility, deadlines, time zones, and submission instructions against the issuing agency’s official materials. The controlling solicitation and its amendments govern over a platform summary.
Customers are responsible for their own representations, registrations, certifications, pricing, compliance, and procurement eligibility. Using GovBuyX does not confer tribal ownership, sovereign immunity, a set-aside qualification, or another entity’s registrations or certifications.
GovBuyX does not guarantee an award, payment, funding, profitability, approval, or business result. The Service is not legal, tax, accounting, investment, or professional procurement advice. Obtain qualified advice when a decision requires it.
AI-assisted content and human review
Summaries, analyses, briefs, and drafts produced with language models may contain errors, invented statements or citations, omissions, outdated information, or unsuitable wording. They are working materials that require independent review.
Before relying on or submitting generated content, an authorized person must verify its factual claims, calculations, citations, requirements, certifications, representations, and use of third-party material. Customers remain responsible for the materials they approve or submit and must not use the Service to fabricate qualifications, past performance, certifications, or other material facts.
As between GovBuyX and the Customer, the Customer may use generated work product supplied for its account for its business purposes, subject to these Terms and third-party rights. GovBuyX does not claim ownership of the Customer’s original inputs or promise that generated output is unique, copyrightable, non-infringing, or exclusively available to that Customer. Rights in underlying software and other pre-existing material remain with their respective holders.
Customer content, confidentiality, and privacy
Customers retain their rights in company information, documents, prices, projects, and other materials they supply (Customer Content). They represent that they have the rights, notices, permissions, and authority necessary to submit the content and permit the processing required to provide the Service.
The Customer grants GovBuyX a non-exclusive permission to host, copy, process, transmit within authorized service operations, display, and generate work from Customer Content only as reasonably necessary to provide, support, secure, and maintain the Service, follow authorized instructions, and satisfy binding obligations. Authorized providers may process content for those purposes under appropriate obligations. This permission does not authorize public publication of private workspace content, unrelated advertising use, or unrestricted exploitation by a parent company or licensor.
GovBuyX will limit nonpublic Customer Content access to authorized users and personnel or providers with a legitimate service need, subject to confidentiality obligations, except for permitted disclosures described in the Privacy Policy or a controlling agreement. We do not use private customer work product to train shared models for other customers. Confidentiality does not prevent disclosure that is validly required by law after consideration of applicable protections.
The Privacy Policy at https://www.govbuyx.com/legal/privacy explains personal-information processing, company visibility, administrator support access, AI processing, and retention. It forms part of the Service’s information-practices framework. Customer instructions cannot authorize processing prohibited by applicable law.
Do not upload classified information, CUI, regulated health information, payment-card credentials, or other material requiring safeguards not expressly approved for your deployment. Special handling requires a separate written agreement establishing the authorized data and environment. The Service does not acquire a security certification or authorization through tribal ownership or United States hosting alone.
License and intellectual property
Subject to these Terms and the applicable order, GovBuyX grants the Customer a limited, non-exclusive, non-transferable right for authorized users to access the Service for the Customer’s own lawful business activities during the authorized service period. Resale, sublicensing, or operation as a service bureau requires a separate written agreement.
The software, source code, architecture, domains, branding, interfaces, documentation, and other platform assets are owned by GovBuyX or their respective licensors and rights holders, or are otherwise lawfully used. Corporate ownership and software ownership are distinct. No right in underlying technology transfers to the Customer beyond the stated access license. Third-party and open-source materials remain subject to their applicable licenses.
Do not remove proprietary notices or use GovBuyX, Wakaga, WLC, OST, or third-party names or marks to imply authorization or endorsement. Government source materials and Customer Content are not made GovBuyX property by their inclusion in the Service.
Acceptable use and compliance
You must use the Service lawfully and within your permissions. You may not:
- Submit fraudulent, knowingly misleading, unlawfully discriminatory, infringing, or otherwise unlawful content, or misrepresent ownership, size, certifications, authority, or eligibility.
- Access another company’s information or another user’s account without authorization, or bypass permissions, authentication, credit controls, or security mechanisms.
- Introduce malware, disrupt or overload systems, or conduct unauthorized scanning, penetration testing, scraping, automated extraction, or reverse engineering, except to the extent a restriction is prohibited by applicable law.
- Resell access, disclose confidential platform materials, or use proprietary service content to reproduce the Service without authorization.
- Use the Service in violation of applicable export controls, sanctions, procurement-integrity requirements, privacy duties, or other binding legal or contractual restrictions.
GovBuyX may investigate suspected misuse and take proportionate steps to protect users and systems. A report or investigation does not authorize unrelated access to Customer Content.
Credits, pricing, and payment
Certain actions, including searches, briefs, and drafts, consume compute credits. Applicable prices and metering rules must be disclosed in the Service or an accepted order before the Customer commits to the purchase or chargeable action. Credits are purchased manually by an authorized billing user. There is no automatic recharge under the current Service.
Credits belong to the purchasing company, do not expire merely with the passage of time, and are not shared with another company merely because it is a parent or subsidiary. Credits are service-use units, not currency, a deposit account, or an investment. They may not be sold or transferred without written authorization. Company administrators may set user spending limits; actions subject to an exhausted limit may be stopped.
Purchases are invoiced separately, and the current platform does not collect payment-card numbers. Purchase records or receipts are available through the relevant billing workflow. Unless an accepted order or invoice states otherwise before purchase, payment is due 30 days after the invoice date. Customers are responsible for taxes and charges lawfully imposed on their purchase; another entity’s tax status is not automatically theirs.
GovBuyX may change prices prospectively with notice before a new purchase or use commitment. A rate expressly fixed in an accepted order remains governed by that order. No revised price retroactively changes a completed charge. A material increase in credit consumption rates affecting an existing prepaid balance will be disclosed at least 30 days before taking effect, with an opportunity to use the balance or request a refund of the unused purchased portion before the change applies.
Report disputed or erroneous charges promptly so they can be investigated. We will correct duplicate, unauthorized, or incorrectly metered charges where confirmed. Properly consumed credits are not refundable solely because a draft requires revision or an opportunity is unsuccessful. Any express refund right in an order or applicable law remains effective.
If GovBuyX discontinues the Customer’s service for convenience, or the Customer terminates before a materially adverse revision takes effect under the changes provision below, GovBuyX will refund the unused purchased credit balance, less valid unpaid charges. Promotional credits have no cash refund value. Otherwise, refunds of unused credits are governed by the accepted order and applicable law; account inactivity alone does not authorize automatic expiry of credits.
For ordinary overdue payment, we will give at least 10 days’ notice and an opportunity to resolve the issue before suspending paid features. Promptly disputed amounts will be investigated in good faith; undisputed amounts remain payable. Immediate protective action may be taken for suspected payment fraud or a security threat.
Availability and service changes
The Service may be interrupted by maintenance, security measures, technical failure, public-source outages, or events outside our reasonable control. We will provide reasonable notice of planned maintenance where practical. No uptime or response-time guarantee applies unless a separate written service-level agreement provides one.
Features may change as the Service develops. Material reductions in prepaid or committed service will be handled under the applicable order and with appropriate notice and any refund or other remedy required by these Terms or applicable law. We do not guarantee the continued availability of a third-party source or service.
Suspension, termination, and data return
Company administrators may restrict or remove their users’ access. GovBuyX may suspend or terminate access for a material breach, nonpayment under the notice provision above, an actual security or abuse risk, or a legal requirement that validly applies. Where practical and appropriate, we will explain the reason and allow a reasonable opportunity to correct a remediable breach. Immediate suspension may be necessary to contain harm or comply with a binding requirement.
The Customer may stop using the Service or request account closure through an authorized representative. Closure does not cancel valid charges already incurred or automatically erase records that must be retained.
Unless a controlling agreement provides a different arrangement, an authorized Customer representative may request an export of available Customer Content in a supported, reasonably usable format within 30 days after closure or termination. We will provide a reasonable retrieval opportunity during that period where lawful and technically feasible. A security restriction may require a verified alternative delivery method instead of continued interactive access. Export does not include source code, another customer’s data, or internal security information whose disclosure would create a risk.
Keep independent copies of materials essential to your business. After the retrieval period, Customer Content is handled under the Privacy Policy, valid customer instructions, and applicable retention obligations. Termination does not authorize arbitrary destruction of customer, financial, or legally required records. Relevant confidentiality, payment, intellectual-property, liability, dispute, and sovereign-immunity provisions survive termination according to their terms.
Warranties and disclaimers
To the fullest extent permitted by applicable law and subject to any express commitment in a controlling written agreement, the Service and its content are provided “as is” and “as available.” GovBuyX disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties arising from course of dealing or usage of trade.
GovBuyX does not warrant uninterrupted or error-free operation, absolute security, the accuracy or completeness of government-source data, the correctness of AI output, or achievement of an award or other result. These disclaimers do not excuse an express obligation in these Terms or a controlling agreement, or exclude a protection that applicable law does not permit the parties to exclude.
Limitation of liability
To the fullest extent permitted by applicable law, GovBuyX will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including consequential losses of profit, revenue, anticipated awards, business opportunities, or business use, arising from or relating to the Service.
To the extent a claim may lawfully proceed, GovBuyX’s total aggregate liability arising from or relating to these Terms or the Service will not exceed the greater of $100 or the fees the Customer paid to GovBuyX for the affected Service during the 12 months before the first event giving rise to the claim. Related events are treated as one claim for this limit. A controlling signed agreement may provide a different limit.
These limitations do not apply to fraud, willful misconduct, gross negligence, or other liability to the extent applicable law prohibits its exclusion or limitation. They do not limit an express credit-correction or unused-credit refund obligation under these Terms.
A damages limit or description of a remedy does not waive sovereign immunity, establish jurisdiction, create a cause of action, make an affiliate a guarantor, or enlarge the liability of any person or entity. Applicable immunity and jurisdictional defenses remain separately reserved.
Customer indemnification
To the extent permitted by applicable law, the Customer will indemnify and hold GovBuyX and its personnel harmless from third-party claims, resulting liabilities, and reasonable expenses caused by the Customer’s unlawful use, material violation of these Terms, or infringement of third-party rights through Customer Content. This does not cover loss to the extent caused by GovBuyX’s own breach, negligence, or willful misconduct.
GovBuyX will provide reasonably prompt notice of a claim and reasonable cooperation. Defense arrangements must protect confidentiality and applicable sovereign rights. No settlement may admit fault for, impose a nonmonetary obligation on, or waive a right of GovBuyX or a tribal governmental entity without its properly authorized written consent. This clause does not authorize any waiver on behalf of a governmental customer; any such waiver requires that customer’s own valid authorization.
Governing law, jurisdiction, and dispute notice
These Terms are governed principally by applicable tribal law and applicable federal law, together with any other law that properly governs the particular matter. Nothing here selects a law to evade a mandatory requirement or creates consent to jurisdiction that would not otherwise exist.
Please send a dispute notice identifying the account, relevant facts, and requested resolution to legal@wakagagroup.com with “GovBuyX Dispute” in the subject line. The parties should attempt good-faith informal resolution where practical. This request does not shorten a legal deadline, require waiver of a right, or prevent action a party is lawfully entitled to take in a forum that has jurisdiction.
Any proceeding remains subject to applicable tribal law, jurisdictional rules, sovereign-immunity principles, a valid controlling written agreement, and other law governing the dispute. These Terms do not independently confer jurisdiction on a tribal, state, federal, foreign, or administrative forum. The existence and scope of jurisdiction must be determined under governing law and any valid authorization.
No use of the Service, payment, account creation, correspondence, support interaction, or dispute discussion alone is GovBuyX’s or an affiliated tribal entity’s agreement to arbitrate or consent to external jurisdiction. Arbitration applies only if separately and expressly established in a valid written agreement approved by the authority required to bind each affected entity. Any class, collective, or representative proceeding is subject to applicable law and the controlling valid agreement; these Terms create no implied agreement to class arbitration.
Sovereign immunity and no waiver
Nothing contained in these Terms, the Privacy Policy, the Ownership Disclosure, the Service, or a related communication shall be interpreted as an express or implied waiver of any sovereign immunity, governmental protection, jurisdictional defense, privilege, or other right applicable to GovBuyX, Wakaga Economic Development Group, the Wakpamni Lake Community, or the Oglala Sioux Tribe.
No registration, click acceptance, customer order, invoice, payment, commercial conduct, data-processing activity, response to a privacy request, employee statement, negotiation, or continued use independently constitutes such a waiver or consent to a forum where consent is otherwise required.
Any waiver must be express, unequivocal, written, and duly authorized through the applicable tribal governmental process and the affected entity’s governing documents. No officer, employee, contractor, developer, licensor, partner, or other representative may waive a protection without that authority. A duly authorized limited waiver remains effective only for the claims, parties, forum, remedies, duration, and scope it expressly covers; these Terms do not enlarge or silently revoke it.
This section reserves existing protections. It does not confer tribal status or immunity on a customer, private licensor, or other party, establish an unverified entitlement to immunity, or bar a law or jurisdiction that validly applies without consent.
Third-party services, notices, and general provisions
External sources, sign-in providers, and other independently offered services may have their own terms and privacy notices. Their availability and content are outside GovBuyX’s control. Use of a provider to help deliver the Service does not relieve GovBuyX of its own express obligations concerning that provider’s authorized processing.
Send rights complaints to legal@wakagagroup.com with “GovBuyX Rights Complaint” in the subject line. Identify the protected right, disputed material and location, your contact information and authority, and the complaint’s factual basis. This contact does not represent a completed statutory designated-agent registration.
Neither party is responsible for delay to the extent caused by circumstances beyond its reasonable control, provided it takes reasonable steps to mitigate the effect. This provision does not excuse accrued payment obligations, applicable data-protection duties, or a refund expressly owed under these Terms.
The Customer may not assign access or obligations without GovBuyX’s written consent. GovBuyX may transfer the agreement as part of a lawful reorganization or transfer of the Service to a successor that assumes its obligations, subject to applicable law, privacy commitments, and any controlling agreement. Assignment does not expand sovereign immunity or create a waiver.
If a provision is held unenforceable by an authority with proper jurisdiction, the remaining provisions continue to the extent legally permissible. Failure to enforce a term once is not a continuing waiver. These Terms and any controlling accepted order or agreement constitute the agreement for the covered Service; unrelated purchase-order terms do not alter it by themselves. The English version controls a convenience translation unless applicable law requires otherwise.
Changes to these Terms
We will post revised Terms with updated dates. For a materially adverse change affecting an existing customer, we will provide notice through the application or another reasonable channel at least 30 days before the change takes effect, unless earlier action is required by law or necessary to address an immediate security or abuse risk. The notice will identify the effective date and any required acceptance step.
Changes apply prospectively and do not silently alter a validly authorized waiver or a separately fixed contractual term. Where renewed assent is required, we will obtain it. A Customer that does not accept a materially adverse change may request closure before the effective date and receive the unused purchased-credit refund described above. Continued use constitutes acceptance only to the extent permitted by applicable law and the required acceptance process.
Contact information
Legal: legal@wakagagroup.com | Privacy: privacy@wakagagroup.com
General and account inquiries: contact@wakagagroup.com
Identify GovBuyX and your company or account; exclude passwords and authentication codes. Correspondence address: GovBuyX, care of Wakaga Economic Development Group, 1 Powwow Development Park, Batesland, SD 57716, United States. These contacts do not appoint a process agent or waive service, jurisdiction, or immunity requirements.
Related policies: Ownership Disclosure — https://www.govbuyx.com/legal/ownership ; Privacy Policy — https://www.govbuyx.com/legal/privacy .