Terms of Service

1. Who we are, what these terms cover, and how our names work

The contracting party. Counter Pivot LLC is a limited liability company organized under the laws of the Commonwealth of Virginia ("Counter Pivot LLC," "we," "us," or "our"). Counter Pivot LLC is the sole legal entity providing the Services and the only contracting party under these Terms.

Our product and brand names. CounterPivot, Counter Pivot Hub, CounterPivot Hub, CounterPivot Academy, and any other product, program, platform, or brand name we use are trade names and product designations for services offered by Counter Pivot LLC. They are not separate legal entities, subsidiaries, affiliates, divisions, joint ventures, or partnerships. No legal rights or obligations run to or from them. All rights, obligations, representations, warranties, limitations, and remedies under these Terms run exclusively to and from Counter Pivot LLC.

What these Terms cover. These Terms govern your access to and use of counterpivothub.com, any subdomain or successor site, our online courses and training modules, our live and recorded workshops, our ebooks and downloadable materials, our federal opportunity dashboards and data tools, our certificates of completion, our free preview content, and any other product or service we make available (collectively, the "Services").

These Terms form a binding legal contract between you and Counter Pivot LLC. Read them carefully. Section 18 contains a binding arbitration agreement and a class action waiver that affect how disputes between us are resolved.

2. Acceptance, acceptance record, and eligibility

How you accept. You accept these Terms by checking the box indicating that you have read and agree to them, by creating an account, by making any purchase, or by accessing any portion of the Services including free preview content. Free preview and trial users are bound by these Terms to the same extent as paying customers.

If you do not agree to these Terms in full, do not create an account, make a purchase, or use the Services.

Acceptance record. We record the date, time, account identifier, and the version number of these Terms in effect at the moment of your acceptance. That record is evidence of the agreement between us and of which version applies to you.

Changes at our discretion. By accepting, you also acknowledge and agree that these Terms, the Privacy Policy, and the Refund Policy are subject to change at Counter Pivot LLC's own discretion as the Services evolve. Changes are made and take effect as described in Section 21, and continued use after a change takes effect constitutes acceptance of the revised terms.

Acceptance on behalf of an organization. If you accept on behalf of a company, agency, institution, or other entity, you represent and warrant that you have authority to bind that entity and that the entity has authorized you to do so. In that case, "you" refers to both you individually and to that entity, and both are jointly and severally responsible under these Terms.

Consumer and Business Purchasers. For purposes of these Terms:

• A "Consumer Purchaser" is an individual who purchases the Services primarily for personal, family, or household purposes.
• A "Business Purchaser" is any other purchaser, including individuals purchasing for business or professional use, companies, nonprofits, educational institutions, and government entities.

This distinction affects Sections 15 and 18. Where a provision is more protective of Consumer Purchasers under applicable law, the more protective treatment applies.

Eligibility. You must be at least 18, or the age of legal majority where you reside if higher. The Services are not directed to children and we do not knowingly collect information from anyone under 18. You represent that you are not located in, under the control of, or a national or resident of any country subject to United States embargo, and are not listed on any United States government list of prohibited or restricted parties.

3. Your account and your credentials

One person per account. Accounts are personal and non transferable. Each account is licensed to a single named individual. Sharing credentials, providing account access to anyone other than the named holder, or using one account to serve multiple individuals is a material breach.

Your responsibility. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, whether or not authorized by you. Notify us immediately at support@counterpivothub.com of any unauthorized access.

Accurate information. You agree to provide accurate, current, and complete registration information and to keep it updated.

Multi seat and enterprise access. Access for more than one individual requires a separate written multi seat or enterprise agreement with Counter Pivot LLC. Absent such an agreement, no shared or organizational use is permitted.

Monitoring. We may monitor account activity for indicators of credential sharing, automated access, or other violations, including concurrent sessions, access patterns, and export volume, and may suspend accounts pending investigation.

4. Purchases, pricing, payment, and automatic renewal

Currency and pricing. All prices are in United States dollars and are subject to change. Price changes do not affect the current term of an active subscription but apply to subsequent renewal terms as described below.

Payment processing. Payments are processed by Stripe, Inc. We do not receive or store full payment card numbers. Your use of payment processing is subject to Stripe's terms and privacy policy. You authorize Counter Pivot LLC and our processor to charge your designated payment method for all amounts due.

Taxes. Displayed prices exclude applicable sales, use, and similar transaction taxes unless stated. We collect and remit these taxes in jurisdictions where we are required to do so, and they will be added at checkout. You remain responsible for any taxes arising from your purchase other than taxes on our net income. Tax exempt purchasers must provide a valid exemption certificate before purchase.

One time purchases. Courses, workshops, ebooks, and exams are one time purchases unless stated otherwise at the point of sale.

Automatic renewal. Subscription access to our federal opportunity dashboards and data tools renews automatically at the end of each billing period at the then current rate, charged to your payment method on file, until you cancel. Specifically:

• Disclosure and consent. Before you complete your purchase, we disclose the renewal term, the renewal price, and the cancellation method, and you affirmatively consent to automatic renewal.
• Purchase acknowledgment. After purchase, we send you an email acknowledgment restating the renewal terms and cancellation method.
• Renewal reminders. For subscription terms of one year or longer, we send an email reminder no fewer than 15 days before each renewal date. For monthly subscriptions, your acknowledgment and account dashboard disclose the next renewal date at all times.
• Price increase notice. We notify you at least thirty (30) days before any renewal at an increased price and, where required by law, obtain your affirmative consent before charging the increased amount.
• Cancellation. You may cancel at any time through your account settings in the same number of steps or fewer than were required to subscribe, or by emailing support@counterpivothub.com. Cancellation takes effect at the end of the current paid period and you retain access through that date.

Failed payments. If a payment fails we may retry, suspend access, or terminate the subscription. You remain responsible for amounts owed and agree to reimburse reasonable collection costs, including attorney fees, on any past due balance we must pursue.

Chargebacks. If you initiate a chargeback for a charge you actually authorized, we may suspend or terminate your account and pursue the amount owed. Contact us first.

Refunds. Refunds are governed by our Refund Policy, incorporated by reference. Except as stated there or required by law, all sales are final.

5. What you are buying: a limited license

Your purchase transfers no ownership. Counter Pivot LLC grants you a limited, personal, revocable, non exclusive, non transferable, non sublicensable license to access and use the specific Services you purchased, for the duration of your purchase or subscription, solely for your own individual learning and professional development and the internal business purposes of your own organization.

This license does not permit you to:

• Resell, sublicense, rent, lease, lend, distribute, republish, broadcast, or otherwise make available any course content, workshop material, ebook, dashboard output, or bulk data to any third party
• Use the Services or anything obtained through them to build, train, fine tune, improve, benchmark, evaluate, or ground any machine learning model, artificial intelligence system, large language model, retrieval index, embedding store, or dataset, or to develop any competing product or service
• Use the Services to provide consulting, training, advisory, or data services to third parties where our content or data is a substantial component of what you deliver
• Remove, obscure, or alter any copyright, trademark, attribution, or proprietary notice
• Reverse engineer, decompile, or attempt to derive the source code, structure, screening logic, filter rules, categorization taxonomy, or scoring methodology underlying any dashboard, tool, or data product
• Record, screen capture, transcribe, or reproduce live workshops or video content without our prior written permission
• Access the Services by any automated means, including bots, scrapers, crawlers, or scripts, except through export and integration features we expressly provide and subject to Section 11

Export features. Where we provide export functionality, it is for your own internal use at reasonable volumes. Systematic, bulk, or automated extraction, including repeated exports designed to reconstruct our database, is prohibited regardless of whether it uses a feature we provide. We may impose and enforce rate limits.

Reservation of rights. All rights not expressly granted are reserved to Counter Pivot LLC.

6. The funding and opportunity data: sources, limitations, and no outcome claims

Read this section carefully. It governs the most important limitation on what we provide.

How we obtain the data. Our opportunity dashboards and data tools aggregate, filter, screen, and present information drawn from publicly available government sources, including SAM.gov and Grants.gov, obtained through the official public application programming interfaces made available by those systems. We use those sources in accordance with their applicable terms of use and provide any attribution those terms require. Underlying government information is created and maintained by government agencies, not by Counter Pivot LLC.

No warranty of accuracy, completeness, or timeliness. Government source data changes continuously and can contain errors, omissions, delays, duplications, and withdrawn notices at the source. Our systems may experience ingestion delays, filtering errors, display errors, or outages. We do not warrant that any opportunity listing is accurate, complete, current, correctly categorized, still open, or correctly described, or that our coverage of any agency, program, geography, or opportunity type is complete.

Your duty to verify. Every listing links to its official source. Before taking any action in reliance on information obtained through the Services, you must independently verify that information against the official government listing and directly with the issuing agency, including deadlines, eligibility, submission methods, set aside status, funding amounts, and points of contact.

No advice and no professional relationship. The Services provide information and training only. Nothing in the Services constitutes legal, financial, accounting, tax, procurement, bidding, or investment advice, and no attorney client, fiduciary, or professional advisory relationship arises from your use of the Services.

No earnings, award, or outcome claims. We do not guarantee that you will identify any opportunity, submit any proposal, win any award, receive any grant, obtain any contract, increase revenue, or achieve any business outcome. Any example, case study, sample result, testimonial, or description of past performance appearing anywhere in the Services or in our marketing is illustrative only, reflects the experience of a specific person or organization under specific circumstances, and is not a representation, prediction, or guarantee of your results. Individual results vary and depend on factors outside our control.

Assumption of risk. You acknowledge that decisions about which opportunities to pursue, how to allocate bid and proposal resources, and what to submit to any agency are yours alone. You assume all risk arising from those decisions, including missed deadlines, forgone opportunities, wasted bid and proposal costs, unsuccessful submissions, and lost revenue.

No government affiliation. Counter Pivot LLC is a private company. We are not affiliated with, sponsored by, endorsed by, or acting on behalf of the United States government, any federal agency, any state or local government, or any government program. References to agencies, programs, or systems are descriptive only.

7. Training, courses, workshops, and certificates

Nature of the content. Our courses, workshops, and training modules are professional education products developed by Counter Pivot LLC and sourced from the public record and practitioner experience. They reflect our views and methods and are not a substitute for professional advice specific to your situation.

Certificates. Certificates issued through the Services are records of course completion only. They are not government credentials, professional licenses, accredited certifications, continuing education credits recognized by any accrediting body, or evidence of any qualification recognized by any government agency or professional association, unless we expressly state otherwise in writing and identify the accrediting body. You may not represent a certificate as anything other than what it is.

Third party certifications and examinations. Where our training references, prepares for, or is benchmarked against a certification or examination administered by another organization, Counter Pivot LLC is not affiliated with, accredited by, endorsed by, or authorized by that organization unless expressly stated. All third party names and marks are the property of their respective owners and are used for identification and descriptive purposes only. Completion of our training does not confer any third party credential and does not guarantee that you will pass any third party examination.

Live workshops. Live sessions are subject to rescheduling. If we reschedule or cancel, we will offer a substitute session, a recording where available, or a refund of the amount allocable to that session, at our discretion. We are not responsible for your travel, lodging, time, or other attendance costs.

Content changes. We continuously update our content and may add, modify, retire, or remove courses, modules, workshops, tools, features, and data sources at any time. For one time purchases we will make reasonable efforts to maintain access to purchased content but do not guarantee perpetual availability of any specific content, format, or feature.

8. Acceptable use

You agree not to, and not to permit any other person to:

• Violate any applicable law, regulation, or third party right in connection with the Services
• Probe, scan, penetration test, or test the vulnerability of our systems, or breach or circumvent any security, authentication, paywall, rate limit, or access control
• Introduce any virus, malware, or harmful code
• Interfere with, overload, or disrupt the Services or supporting infrastructure
• Misrepresent your identity, affiliation, credentials, or authority, or impersonate any person or entity including any Counter Pivot LLC representative
• Harass, threaten, defame, or abuse any user, our staff, or any third party
• Collect or harvest information about other users
• Use the Services for competitive intelligence or to develop a competing product or service

We may investigate suspected violations, suspend or terminate access, remove content, cooperate with law enforcement, and pursue all available legal and equitable remedies.

9. Intellectual property

CounterPivot, Counter Pivot Hub, CounterPivot Hub, CounterPivot Academy, and the CP emblem are marks of Counter Pivot LLC. The courses, workshops, ebooks, video and audio content, written materials, assessments, site design, user interface, graphics, compilations, screening methodologies, and categorization schemes made available through the Services are owned by Counter Pivot LLC and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

On the underlying government data. Government source data is public information and we claim no ownership in it. We do claim, and you acknowledge, our rights in our selection, arrangement, filtering, screening, enrichment, categorization, scoring, and presentation of that data, and in the compilation as a whole. The value we provide is in the curation, and the curation is protected.

Trade secrets. Our screening rules, filter logic, categorization taxonomy, relevance methodology, and related processes are confidential proprietary trade secrets of Counter Pivot LLC. You agree not to disclose, reverse engineer, or attempt to derive them.

Third party marks. All third party names, logos, and marks appearing in the Services are the property of their respective owners and are used for identification and descriptive purposes only.

10. Your content and your feedback

Your content. You retain ownership of content you submit. You grant Counter Pivot LLC a worldwide, non exclusive, royalty free, sublicensable license to host, store, reproduce, modify, and display that content solely as necessary to operate and improve the Services. You represent that you have all rights necessary to grant this license and that your content infringes no third party right.

Prohibited uploads. Do not upload or submit classified information, controlled unclassified information (CUI), export controlled technical data, procurement sensitive information, source selection information as defined in FAR 2.101, personally identifiable information about third parties, or any material you are contractually or legally prohibited from disclosing. You are solely responsible for any such disclosure and it is a material breach of these Terms. We may remove any such material and terminate the responsible account.

Feedback. Suggestions, ideas, feature requests, and other feedback you provide are granted to Counter Pivot LLC on an unrestricted, perpetual, irrevocable, worldwide, royalty free basis for any purpose, without obligation, attribution, or compensation.

11. Integrations, APIs, and connected tools

Third party services. The Services may link to or integrate with third party websites, government systems, and services, including Stripe and government data sources. We do not control and are not responsible for third party services, their content, availability, accuracy, security, or practices. Your dealings with third parties are solely between you and them.

Connecting your own tools. Where we provide functionality allowing you to connect your own applications, agents, or artificial intelligence tools to the Services, that functionality is subject to the following, in addition to all other provisions of these Terms:

• Scope. The integration is licensed for your own internal use only, under the same account, and for the same purposes permitted by Section 5. It is not a data feed, a redistribution channel, or a license to bulk retrieve.
• Section 5 applies fully. Everything retrieved through an integration is subject to every restriction in Section 5, including the prohibition on using retrieved content to train, fine tune, benchmark, index, embed, or ground any model or dataset. Retrieval through an integration is not an exception to that prohibition.
• Rate limits and volume caps. We may impose, publish, modify, and enforce rate limits, query caps, and volume thresholds. Exceeding them, or engineering around them, is a material breach.
• Your responsibility. You are solely responsible for the configuration, security, cost, output, and behavior of any tool you connect, and for all activity conducted through your credentials or keys. We are not responsible for the output or accuracy of any third party tool, or for any cost you incur with a third party provider.
• Suspension. We may suspend or revoke integration access at any time, with or without notice, where we reasonably believe it is being used in violation of these Terms or is affecting system performance for other users.

12. Data security, retention, and breach notification

Our measures. Counter Pivot LLC maintains administrative, technical, and physical safeguards designed to protect information we hold, appropriate to its sensitivity and to the nature of our Services. No system is perfectly secure and we do not warrant that our systems cannot be compromised.

Retention. We retain account and transaction information for as long as your account is active and thereafter as required for legal, tax, accounting, and dispute resolution purposes. Details are in the Privacy Policy.

Breach notification. If we become aware of a security incident affecting your information, we will notify you and any applicable regulator as and when required by applicable law.

Business Purchasers. Business Purchasers with regulatory data protection obligations should contact us before purchase to determine whether a Data Processing Addendum is required. Absent an executed addendum, the Services are not offered for the processing of regulated, sensitive, or controlled data.

13. Accessibility

Counter Pivot LLC is committed to making the Services usable by people with disabilities and works toward conformance with recognized accessibility standards. If you encounter an accessibility barrier, contact support@counterpivothub.com and we will work to provide the information or functionality through an alternative means.

14. Suspension and termination

By you. You may close your account at any time by emailing support@counterpivothub.com. Closing your account does not entitle you to a refund except as provided in the Refund Policy.

By us, for cause. We may suspend or terminate access immediately, without notice, if we reasonably believe you have violated these Terms, if your use poses a risk to us, other users, or third parties, or if required by law. Termination for cause does not entitle you to a refund.

By us, without cause. We may terminate your account without cause on reasonable notice, in which case we will refund the unused prorated value of any active subscription and, as described in the Refund Policy, the unused value of recent one time purchases.

Effect of termination. Your license ends immediately and you must cease all use of the Services and destroy any materials these Terms do not permit you to retain. Sections 5, 6, 9, 10, 12, 15, 16, 17, 18, 19, and 21 survive.

15. Disclaimer of warranties and limitation of liability

15.1 Disclaimer of warranties

THE SERVICES, INCLUDING ALL CONTENT, COURSES, WORKSHOPS, CERTIFICATES, DATA, DASHBOARDS, AND TOOLS, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

To the fullest extent permitted by law, Counter Pivot LLC disclaims all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non infringement, and accuracy, and any warranties arising from course of dealing, course of performance, or usage of trade.

We do not warrant that the Services will be uninterrupted, timely, secure, or error free; that defects will be corrected; that the Services are free of harmful components; that any content, data, or opportunity listing is accurate, complete, current, or reliable; or that the Services will meet your requirements or achieve any result.

No advice or information obtained from us or through the Services creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply to the fullest extent permitted.

15.2 Exclusion of indirect damages

TO THE FULLEST EXTENT PERMITTED BY LAW, Counter Pivot LLC and its members, managers, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, contracts, awards, grants, funding, opportunities, goodwill, data, or anticipated savings, or the cost of substitute services, arising out of or relating to the Services or these Terms, under any theory of liability including contract, tort, negligence, strict liability, or warranty, and even if we have been advised of the possibility of such damages.

15.3 Cap on total liability

The total aggregate liability of Counter Pivot LLC for all claims arising out of or relating to the Services or these Terms, in the aggregate and not per claim, will not exceed:

• For users who have paid nothing, including free preview and trial users: five hundred United States dollars ($500)
• For Consumer Purchasers and individual Business Purchasers: the greater of the total amount you actually paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or five hundred United States dollars ($500)
• For organizational Business Purchasers under a separate written enterprise agreement: the amount stated in that agreement, and if none is stated, the amount paid in the twelve months preceding the event

15.4 Specific exclusions

Without limiting the above, Counter Pivot LLC is not liable for loss arising from inaccurate, incomplete, delayed, withdrawn, or missing opportunity data; a missed submission deadline; an unsuccessful proposal, bid, or grant application; bid and proposal costs incurred; a decision to pursue or not pursue any opportunity; reliance on any course, workshop, or training content; any third party service, integration, or connected tool; or any act or omission of any government agency.

15.5 Carve out

Nothing in these Terms excludes or limits liability for gross negligence, willful misconduct, or fraud, or any liability that cannot lawfully be excluded or limited.

15.6 Essential basis and jurisdictional limits

You acknowledge that the pricing of the Services reflects this allocation of risk, that these limitations are an essential basis of the bargain, and that they apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, in which case our liability is limited to the smallest extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Counter Pivot LLC and its members, managers, officers, employees, contractors, and agents from any claim, demand, action, proceeding, loss, liability, damage, judgment, settlement, cost, or expense, including reasonable attorney fees, arising out of or relating to:

• Your use of or access to the Services
• Your violation of these Terms
• Your violation of any law or any third party right, including any intellectual property, privacy, or confidentiality right
• Any content you submit, including any prohibited upload under Section 10
• Any decision, submission, proposal, bid, or representation you make to any government agency or third party, whether or not informed by the Services
• Any unauthorized sharing of your account or credentials
• Your use of any integration or connected tool under Section 11

Counter Pivot LLC may, at your expense, assume exclusive defense and control of any indemnified matter, in which case you agree to cooperate fully. You will not settle any matter affecting us without our prior written consent.

17. Release

To the fullest extent permitted by law, you release Counter Pivot LLC and its members, managers, officers, employees, contractors, and agents from all claims, demands, damages, and liabilities of every kind arising out of or connected with disputes between you and any third party, including any government agency, teaming partner, competitor, client, or other user, in connection with your use of the Services.

18. Dispute resolution, arbitration, and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

(a) Informal resolution first. Before initiating any formal proceeding, you agree to contact us at support@counterpivothub.com with a written description of the dispute and the relief sought, and to work with us in good faith for sixty (60) days to resolve it. This is a condition precedent to arbitration.

(b) Binding arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to the Services or these Terms, including formation, interpretation, breach, enforcement, or validity, will be resolved by final and binding individual arbitration administered by the American Arbitration Association. The AAA Consumer Arbitration Rules apply to disputes with Consumer Purchasers. The AAA Commercial Arbitration Rules apply to disputes with Business Purchasers. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

(c) Location and procedure. Arbitration will be conducted in Richmond, Virginia, or, at your election, by telephone, videoconference, or on documents only where the applicable rules permit. For Consumer Purchasers, arbitration may be conducted in the county of your residence at your election. The arbitrator's decision is final and binding, and judgment may be entered in any court of competent jurisdiction.

(d) Class action and jury trial waiver. You and Counter Pivot LLC each waive any right to a jury trial and any right to bring, join, or participate in any class, collective, consolidated, coordinated, or representative action. The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim, and only that claim, proceeds in court, and the remainder of this Section 18 remains in effect.

(e) Coordinated claims and batching. If twenty five (25) or more demands for arbitration raising substantially similar claims are filed against Counter Pivot LLC by or with the assistance of the same law firm or coordinated group within a ninety (90) day period, the demands will be administered in sequential batches of no more than fifty (50) at a time. Each batch will be treated as a single case for administrative and filing fee purposes with a single arbitrator, and the parties will cooperate in good faith with the AAA to implement this process. Limitations periods are tolled for claims awaiting a later batch.

(f) Exceptions. Either party may bring an individual action in small claims court. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or trade secrets without first satisfying subsections (a) or (b).

(g) Your right to opt out. You may opt out of this arbitration agreement by emailing support@counterpivothub.com with the subject line "Arbitration Opt Out," including your name and account email address, within thirty (30) days of first accepting these Terms. Opting out affects no other provision. If you opt out, disputes are resolved in the courts identified in Section 19.

(h) Survival. This Section 18 survives termination of your account and these Terms.

19. Governing law, venue, and time limit on claims

Governing law. These Terms and any dispute arising from them are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles and without application of the United Nations Convention on Contracts for the International Sale of Goods. Nothing in this provision deprives a Consumer Purchaser of the protection of any mandatory consumer protection law of the jurisdiction in which they reside.

Venue. For any dispute not subject to arbitration, both parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the Commonwealth of Virginia and waive any inconvenient forum objection, subject to the mandatory consumer protection savings clause above.

Time limit on claims. Except where a shorter limitations period is prohibited by applicable law, and except for claims that applicable law does not permit to be contractually shortened, any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim accrues, or it is permanently barred.

20. Government users

If you are a federal, state, or local government entity, or are accessing the Services under a government contract or with government funds, the following applies. The Services are commercial items as defined in FAR 2.101, provided with only those rights granted to all other users under these Terms. Nothing in these Terms constitutes a contract with, or an obligation of, any government entity beyond the purchase actually made. Any term that conflicts with mandatory federal law or regulation applicable to your purchase is modified only to the minimum extent necessary to comply, and the remainder stays in effect. Government entities requiring modified terms, a Data Processing Addendum, or accessibility documentation must contact us and execute a separate written agreement with Counter Pivot LLC before purchase.

21. General provisions

Changes to these Terms. We may update these Terms at our discretion as the Services evolve. If a change is material, we will post the revised Terms with a new effective date and version number and notify account holders by email where the change affects paid products. Material changes take effect thirty (30) days after posting for existing subscribers, or on your next renewal, whichever is later. Continued use after the effective date constitutes acceptance. If you do not accept a material change, your remedy is to cancel before it takes effect. Changes to Section 18 do not apply retroactively to any dispute of which we had notice before the change.

Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Counter Pivot LLC regarding the Services and supersede all prior agreements and communications. Any conflicting or additional terms in a purchase order, vendor form, or other document you provide are rejected and have no effect unless we sign them.

Order of precedence. If there is a conflict between these Terms and a separately executed written agreement signed by both parties, that agreement controls as to the subject matter it covers.

Severability. If any provision is unenforceable it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions stay in full force.

No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.

Assignment. You may not assign these Terms or your account without our prior written consent. Counter Pivot LLC may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. Counter Pivot LLC is not liable for delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, government action, government shutdown or lapse in appropriations, failure or unavailability of government data sources, internet or utility failure, cyberattack, or failure of any third party provider.

No third party beneficiaries. These Terms create no rights in any person other than you and Counter Pivot LLC.

Relationship. Nothing here creates any partnership, joint venture, agency, employment, or fiduciary relationship.

Notices. We may notify you by email to the address on your account, by posting on the Services, or by in product notification. Send notices to Counter Pivot LLC at support@counterpivothub.com.

Headings and interpretation. Headings are for convenience only. These Terms will not be construed against the drafting party.

22. Contact

Counter Pivot LLC
Email: support@counterpivothub.com

Questions, disputes, and notices should go to support@counterpivothub.com first. Most issues are fixable with one email.

See also the Privacy Policy and the Refund Policy, incorporated into these Terms by reference.