BidStream, LLC Terms of Service

1. Acceptance of Terms

By creating an account or using the BidStream platform, you agree to be bound by these Terms of Service. If you do not agree, do not use the platform.

2. Eligibility and Registration

You must be a representative of a school district, municipality, vendor, contractor, architect, construction manager, or attorney to register and use the platform. All users are required to create accounts.

3. Services Provided

BidStream provides a cloud-based public bidding and RFP management system, facilitating compliant bid submission, document storage, and communication between users via RFIs and addenda.

4. Payments

School districts and municipalities are subject to subscription and startup fees. Payments are processed by invoice. Vendors and contractors use the system for free.

5. User Content

Users may upload documents, drawings, and bid responses. By uploading content, you grant BidStream a non-exclusive license to use the content as needed to provide services and meet legal obligations.

6. Public Nature of Data

All submitted bids, RFIs, addenda, and attachments are public records and may be accessed freely, subject to FOIL (Freedom of Information Law).

7. Data Security and Compliance

BidStream uses AWS and Google services for infrastructure. We maintain compliance with FERPA, New York Education Law 2-d, and other applicable data privacy standards.

8. Termination

BidStream may suspend or terminate access for violation of these terms, unlawful conduct, or to comply with legal requirements.

9. Limitation of Liability

BidStream’s total liability is limited to the amount paid by you in the 12 months preceding the claim, or $500, whichever is greater.
BidStream is not liable for indirect, incidental, consequential, or punitive damages.
These limitations do not apply in cases of fraud, willful misconduct, or breach of confidentiality.

10. Dispute Resolution

All disputes will first be submitted to mandatory mediation in Albany County, New York. If unresolved, disputes will proceed to binding arbitration in Albany County, New York, in accordance with the rules of the American Arbitration Association.

11. Changes to Terms

We may modify these Terms of Service at any time. Continued use after changes constitutes acceptance.