Last Updated: July 01, 2025
These Terms of Service ("Agreement") govern your access to and use of the Projectory.ai SaaS application available at www.projectory.ai (the "Services"), as provided by Tactical Edge AI LLC, doing business as Projectory AI, a company with a place of business at 8401 Mayland Dr., Ste S, Richmond, VA 23294, USA (the "Company"). The purpose of this Agreement is to establish the rights, obligations, and responsibilities of the parties with respect to the Projectory.ai SaaS application and to create a legally binding agreement between you and the Company.
By accessing or using the Services, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case "Customer" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not access or use the Services. You must be 18 years of age or older and physically located in the United States to use the Services. By using the Services, you represent and warrant that you meet these requirements.
For purposes of this Agreement:
"Customer" is the person or entity listed on the Order Form, or you as an individual or on behalf of an entity if you are signing up online.
"Services" refer to the Projectory.ai SaaS application and any related features, functions, tools, content, updates, and deliverables provided by the Company through the application or related websites.
"Fees" are the charges and rates for the Services as described in an order form, pricing page, or other online subscription confirmation provided to the Customer (“Order Form”), which may include one-time implementation fees, recurring subscription fees, and usage-based fees.
"Initial Service Term" is the initial period during which the Customer is committed to subscribe to the Services, as specified in an Order Form or online subscription confirmation, which shall commence on the Effective Date and continue for the period specified therein, unless earlier terminated in accordance with this Agreement.
In consideration of (and subject to) payment of the fees and marketing obligations listed herein and on the applicable Order Form (the “Fees”) and subject to full compliance with all the terms and conditions of this Agreement, Company will use reasonable commercial efforts to provide Customer the Services selected in the Order Form. As part of the registration process, Customer will identify an administrative username and password for Customer’s Projectory.ai account (the “Account”). Customer may use the administrative username and password to create standard users (each with a user password) up to the maximum number permitted in the Order Form. Company reserves the right to refuse registration or cancel passwords as it deems inappropriate. By entering into this Agreement and using the Services, Customer accepts and agrees to be bound by the Company’s Privacy Policy and AI Policy listed on Company’s website.
2.1 Subject to all terms of this Agreement, Company hereby grants to Customer, for the term of this Agreement, a non-exclusive, non-sublicensable, non-transferable, non-assignable, royalty free license to access the Services and to use, reproduce and distribute internally within Customer’s business, and for Customer’s internal use only (and only in accordance with any applicable documentation), the documentation and data provided to Customer by Company (the “Customer Data”). Customer will not (and will not allow any third party to), directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services (or any underlying software, documentation or data related to the Services); modify, translate, or create derivative works based on the Services or any underlying software; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any underlying software; use the Services or any underlying software for timesharing or service bureau purposes or otherwise for the benefit of a third party; publish the Customer Data without the prior written consent of Company; or remove any proprietary notices or labels. Company also prohibits the use of its Services, and the creation or transmission of Customer Data, for illegal, abusive, or fraudulent content or activity, including using the Services to (i) violate any individual’s rights, including privacy, intellectual property or publicity rights; (ii) promote unlawful activities, including crimes or activities that are illegal in nature; or (iii) interfere with or negatively impacting the Services.
2.2 Customer represents, covenants, and warrants that Customer will access and use the Services only in compliance with Company’s standard access and security policies then in effect. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). Customer shall be responsible for compliance with any and all applicable third party terms of service and privacy policies for platforms, networks and/or websites that they run their applications on, including but not limited to, Facebook, Android, or iOS/App Store.
2.3 Customer shall be responsible for ensuring that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in Company’s published policies then in effect. Customer shall also be responsible for maintaining the security of the Equipment, the Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the Account or the Equipment with or without Customer’s knowledge or consent.
2.4 Company provides Projectory.ai as a business-to-government (B2G) proposal generation platform and does not monitor, validate, or assume responsibility for the legality of any data uploaded, stored, or used by Customer through the platform. By using the Services, Customer acknowledges that it is solely responsible for ensuring that any recipient contact information such as names, email addresses, phone numbers, or agency data, is lawfully obtained and maintained in accordance with applicable privacy, data protection, and marketing laws. “Recipients” in this context refers to individuals or entities to whom Customer intends to send proposals, marketing materials, or other communications generated through the Services. Customer further acknowledges that it bears full responsibility for ensuring that any outreach activities—including, but not limited to, email communication, phone calls, or any form of solicitation or follow-up—are lawful, relevant to the recipient, and compliant with applicable federal, state, and local laws and regulations, including the CAN-SPAM Act, TCPA, and any agency-specific solicitation rules. Company disclaims any and all liability arising from or related to unlawful, unauthorized, or non-compliant data use or outreach activities conducted through the Services by Customer or its authorized users.
2.5 Customer acknowledges and agrees that Company may utilize artificial intelligence systems and tools ("AI"), including machine learning algorithms and natural language processing technologies, to perform under this Agreement and provide the Services. AI is used for proposal generation based on the knowledge that Customers provide to the platform (which comprises past proposals, sales/data sheets, pricing information, and other information about the Company) and in a chatbot capacity to enhance Customer experience.
3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Notwithstanding the foregoing, nothing (except the Services and underlying software, algorithms and information embodied therein) will be considered “Proprietary Information” of the Disclosing Party unless either it is or was disclosed in tangible or written form and is conspicuously marked “Confidential”, “Proprietary” (or the like) at the time of disclosure or it is identified as confidential or proprietary at the time of disclosure and is delivered in the appropriately marked form within thirty (30) days of disclosure.
3.2 The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except as expressly permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after three (3) years following the disclosure thereof (except the Services and underlying software, algorithms and information embodied therein which shall remain confidential indefinitely) or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it without restriction on disclosure prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required by law to be disclosed. In the performance of the Services, Company is expressly authorized to collect general user data and report on the aggregate response rate and other aggregate measures of the Services’ performance, provided that the user data is anonymized and no personally identifying information of the Customer or its users is revealed.
4.1 Customer will pay Company the Fees for the Services as listed on the applicable Order Form. Service Provider reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current Renewal Term (as defined below, upon thirty (30) days prior notice to Customer (which may be sent by email).
4.2 If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than sixty (60) days after the receipt date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department at support@projectory.ai. Company shall respond to Customer within three (3) business days after receiving such inquiries.
4.3 Company may choose to bill through an invoice. Unless otherwise stated in the applicable Order Form, payment shall be due immediately upon receipt of invoice.
Unpaid invoices may incur a finance charge of 1.5% per month on any outstanding balance, or the maximum amount permitted by law, whichever is less, and may also be subject to collection costs, including reasonable attorney’s fees. Company reserves the right to suspend or terminate Services for past due accounts.
Customer is responsible for all taxes associated with the Services, excluding U.S. federal or state taxes based solely on Company’s net income.
5.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the applicable Order Form (the “Initial Service Term”), and shall be automatically renewed for additional periods (each, a “Renewal Term” and collectively with the Initial Service Term, the “Term”) of the same duration as the Initial Service Term, unless either party requests termination at least thirty (30) days prior to the end of the then current term.
5.2 In addition to any other remedies it may have, Company may also terminate this Agreement upon ten (10) days’ notice if Customer materially breaches any of the terms or conditions of this Agreement, and if the breach is capable of remedy, fails to promptly remedy that breach within five (5) business days of notice. If this Agreement is terminated as a result of a material breach by Customer during the Initial Service Term, Customer will pay in full all remaining Fees payable through the remainder of the Initial Service Term. If this Agreement is terminated as a result of a material breach by Customer during a Renewal Term, the Customer will pay in full for the Services up to and including the last day on which the Services are provided.
5.3 Termination (which includes expiration or non-renewal) of this Agreement shall not limit either party from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve Customer’s obligation to pay all fees that have accrued or are otherwise owed by Customer under any order form.
5.4 The parties’ rights and obligations under Sections 2 (“Restrictions and Responsibilities”), 3 (“Confidentiality”), 4 (“Payment of Fees”), 6 (“Indemnification”), 7 (“Warranty and Disclaimer”), 8 (“Limitation of Liability”), and 9 (“Miscellaneous”) shall survive termination of this Agreement.
6.1 Company agrees, at its own expense, to indemnify, defend, and hold Customer harmless against any suit, claim, or proceeding brought against Customer alleging that the use of Services in accordance with this Agreement infringes any U.S. copyright, trademark or patent, provided that Customer (i) promptly notifies Company in writing of any such suit, claim or proceeding, (ii) allows Company, at Company’s own expense, to direct the defense of such suit, claim or proceeding, (iii) gives Company all information and assistance necessary to defend such suit, claim or proceeding, and (iv) does not enter into any settlement of any such suit, claim or proceeding without Company’s written consent. The foregoing obligations do not apply with respect to the Services or portions or components thereof (x) not supplied by Company, (y) made in whole or in part in accordance to Customer specifications, (z) combined with other products, processes or materials where the alleged infringement would not have occurred without such combination. This section states Company’s entire liability and Customer’s exclusive remedy for infringement or misappropriation of intellectual property of a third party.
6.2 Customer hereby agrees, at its own expense, to indemnify, defend and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any demand, claim, action, suit or proceeding that arises from an alleged violation of Sections 2.1 to 2.3, or otherwise from Customer’s use of Services excluded from Company’s aforementioned indemnity obligations in the second to last sentence of Section 6.1, above.
COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MEET CUSTOMER’S REQUIREMENTS; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, NEITHER PARTY SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS OR PROFITS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE APPLICABLE SERVICES UNDER THIS AGREEMENT OR RELATING TO ANY SUBJECT MATTER OF THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES. CUSTOMER ACKNOWLEDGES THAT AN INTERRUPTION IN SERVICE(S) DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF COMPANY, SUCH AS A FAILURE OF TELECOMMUNICATIONS OR NETWORK SYSTEMS NOT CONTROLLED BY COMPANY, SHALL NOT BE CONSIDERED A SERVICE OUTAGE OR SERVICE DEFICIENCY FOR PURPOSES OF ANY REMEDY PROVIDED IN THIS AGREEMENT.
PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM THE COMPANY AND REQUIRES YOU TO ARBITRATATE ANY UNRESOLVED DISPUTES ON AN INDIVIDUAL BASIS.
9.1 Customer and Company agree to mandatory individual arbitration for all unresolved claims arising from or relating to the Services, this and prior versions of the Agreement, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by the Company or its users, in each case including disputes that arose before the effective date of these Terms (each, a “Dispute”). The exception is that each party may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court and Customer provides Company advance notice by email to support@projectory.ai and by mail to 4445 Corporation Ln Ste 264, Virginia Beach, VA, 23462-3262; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (including trademarks, copyrights, and patents), with such request for injunctive relief to be brought solely in the state or federal courts in Fairfax, Virginia, with venue proper only in Fairfax, Virginia.
All other Disputes must be arbitrated, which means Customer and Company are each waiving their right to sue in court and have a court or jury trial. Any such unresolved dispute, controversy, or claim arising out of or related in any manner to the Services or these Terms shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) arbitrator sitting in Fairfax, Virginia. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the Commonwealth of Virginia, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act.
The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 9 of this Agreement, but shall not be empowered to award direct, indirect, incidental, special, or consequential damages, or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome.
To begin the arbitration process, a party must make a written demand therefor. The prevailing party shall be entitled to receive from the other party all reasonable attorneys’ fees and costs incurred. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in the Commonwealth of Virginia. The AAA Commercial Arbitration Rules can be found at www.adr.org/Rules.
9.2 Customer and Company agree that they may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and they each waive any right they have to bring such claims). Customer and Company may only seek or obtain individualized relief and disputes between them cannot be arbitrated or consolidated with those of any other person or entity. If there is a final decision (after exhaustion of all appeals) that any part of this Section 9 is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).
9.3 If you are a new user of our Services, you can opt out of Arbitration as set forth in Section 9 within 30 days after you first accept the Terms. To opt out, you must send a timely email to optout@dyspute.ai with your name, the email address for your account, your username, and a request to opt out of arbitration. If you validly opt out, neither the Company nor you will be required to arbitrate as a result of this (or any prior version of the) Section 9, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration if not previously requested by you. This Section 9 will survive the termination of expiration of these Terms or your relationship with the Company.
9.4 Before filing an arbitration, Customer and Company agree to try in good faith to resolve any Dispute informally. To start this informal dispute resolution process, the party bringing the Dispute must send a written demand letter (the “Notice of Dispute”) to the other party through the Dyspute.ai platform. The Notice of Dispute must include: (1) the sending party’s name, email address, and account number (if applicable), (2) a description of the dispute, and (3) the desired outcome or proposed resolution. Once a Notice of Dispute has been received, the recipient will have thirty (30) days to investigate and respond to the Notice of Dispute (the “Investigation Period”).
In the event that the parties are unable or unwilling to resolve their Dispute during the Investigation Period, the parties agree that they will then participate in a virtual mediation proceeding (the “Mediation”) conducted via the Dyspute.ai platform. The party bringing the dispute will initiate the Mediation. The Mediation must occur within thirty (30) days of the conclusion of the Investigation Period. Customer and Company each will personally participate in the Mediation, which must be conducted on an individual basis and not involve parties other than Customer and Company. Regardless of who initiates the Mediation, Company will cover the costs of using Dyspute.ai for the Mediation. Each party may be represented by counsel of their choosing and will bear their own costs associated with such representation.
For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the Notice of Dispute is received until the later of (i) sixty (60) days, or (ii) after the Mediation is completed (the “Informal Dispute Resolution Period”). An arbitration cannot be filed until the Informal Dispute Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
10.1 Depending on applicable local, state, or federal laws, certain communications or data exchanged through the Services may be subject to public records laws, such as the Freedom of Information Act (FOIA) or similar statutes. Projectory makes no representations regarding whether or how such laws apply and encourages customers to consult their legal counsel for agency-specific obligations.
10.2 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed on behalf of both parties by their duly authorized representatives, except as otherwise provided herein.
10.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind or attempt to bind Company in any respect whatsoever.
10.4 All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
10.5 The parties agree that any material breach of Section 2 or 3 will cause irreparable injury and that injunctive relief in a court of competent jurisdiction will be appropriate to prevent an initial or continuing breach of Section 2 or 3 in additional to any other relief to which the owner of such Proprietary Information may be entitled.
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For any questions about this Agreement, please contact us at: support@projectory.ai.
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