These Terms (the ‘Terms’) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’) and BidSmart™ (“Company,” “we,” “us,” or “our”), concerning your access to and use of the BidSmart™ website as well as any related media form, media channel, mobile website, or mobile application (collectively, the ‘Site’).

By accessing the Site, you agree that you have read, understood, and agreed to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents may be posted on the Site from time to time and are incorporated into these Terms. We reserve the right to make changes or modifications to these Terms at any time and for any reason at our sole discretion. Updates will be indicated by the ‘Last Updated’ date, and your continued use of the Site constitutes acceptance of the revised Terms.

Pre-Launch Phase and Beta Testing Notice

BidSmart™ is currently operating in “Pre-Launch Phase” and is considered to be in open beta testing. Users acknowledge and agree to the following:

• The platform is still under development and features may be added, modified, or removed without prior notice.
• You may experience technical issues, service interruptions, or performance limitations during this beta testing period.
• Your feedback may be requested to improve the platform’s functionality and user experience.
• The final version will be rolled out in Phase II, which will include advanced features, final branding, and additional ways to earn rewards and incentives.
• By participating in this Pre-Launch Phase, you agree to assist in the testing process and understand the evolving nature of the platform.

Builder and Participant Responsibilities

Definitions

• Builder: A user who registers with the responsibility to refer other users and has the option to purchase bid packages and upgrade to different Builder levels.
• Participant: A user who registers to participate in bidding activities without referral requirements.

• Participants have no referral user requirements.
• Participants may only upgrade their accounts using performance rewards.

No Guarantees

BidSmart™ provides no guarantees regarding:

• Investment returns or profits from participating in bidding activities
• Availability of bid packages or opportunities
• Continuous or uninterrupted access to the platform
• Success or outcomes of referral activities
• Performance rewards or commission values

All users acknowledge and accept that participation in BidSmart™ activities carries inherent risks, and no specific outcomes can be guaranteed.

Membership Fees and Payments

Monthly Fees

• After the first 30 days, all users are required to pay a monthly membership fee:
  • Builders: $25 per month (after the first 30 days)
  • Participants: $35 per month (after the first 30 days)
• Progressive Fee Structure Based on Account Value
  • Additional monthly fees apply when accounts reach certain thresholds, increasing by the same amount as the base fee for each tier:
• For Builders (starting at $25 base fee):
  • Up to $2,500: $25 monthly fee
  • $2,501 to $5,000: $50 monthly fee ($25 + $25)
  • $5,001 to $7,500: $75 monthly fee ($25 + $25 + $25)
  • $7,501 to $10,000: $100 monthly fee ($25 + $25 + $25 + $25)
• For Participants (starting at $35 base fee):
  • Up to $2,500: $35 monthly fee
  • $2,501 to $5,000: $70 monthly fee ($35 + $35)
  • $5,001 to $7,500: $105 monthly fee ($35 + $35 + $35)
  • $7,501 to $10,000: $140 monthly fee ($35 + $35 + $35 + $35)
• Example: A Builder with an active bid package of $10,000 will pay a monthly fee of $100.
• Payment Options: Monthly fees can be paid from any available wallet, including:
  • Performance bonus wallet
  • Commissions wallet
  • Direct wallet
• Non-Payment Consequences:
  • If the fee is not paid, you cannot access the platform to bid or withdraw funds
  • If fees remain unpaid for 60 days, you forfeit your account entirely

Bidding and Performance Process

• Daily Bidding Requirements:
  • Users must complete required bidding activities within a 24-hour window
  • Successful completion of bidding activities within this timeframe earns a 1.25% performance reward based on the active bid package value
• Activation and Acceptance:
  • Users have 24 hours to complete activation and accept earned performance rewards
  • Failure to do so within the specified timeframe will result in forfeiture of the performance rewards
• Bid Package Expiration:
  • All bid packages expire after 90 days
  • No exceptions or extensions will be granted for expired bid packages

UPGRADES AND PURCHASES

• For Participants:
  • Participants may only upgrade their accounts using performance rewards
• For Builders:
  • Builders may use any available wallet to purchase upgrades up to $10,000
  • Any purchases beyond $10,000 must be made using daily performance rewards

COMMISSION STRUCTURE

• Referral Commissions:
  • 10% commission on the bid package purchase of your 1st direct referral
  • 5% commission on the bid package purchase of your 2nd direct referral

ARTIFICIAL INTELLIGENCE USAGE

• Fraud Detection and Prevention:
  • BidSmart™ employs artificial intelligence technologies to identify fraud and patterns of fraudulent activity on the platform.
  • These AI systems monitor user behavior, transaction patterns, and account activities to detect potential fraud.
  • The AI systems may flag accounts for manual review based on detected anomalies.
• Platform Enhancement:
  • AI technologies will be used to enhance customer experience, onboarding processes, off-ramp solutions, and customer support.
  • Automated systems may be used to respond to common inquiries and assist users with platform navigation.
• Data Collection and Processing:
  • By using the platform, you consent to the collection, processing, and analysis of your usage data by our AI systems for the purposes of fraud detection, service improvement, and platform security.
  • Personal data processing will be conducted in accordance with our Privacy Policy.
• Legal Protections and Limitations:
  • AI-based decisions that significantly affect your account may be subject to manual review upon request.
  • While our AI systems are designed to be accurate, you acknowledge that automated systems may occasionally produce errors.
  • BidSmart™ is not liable for any damages resulting from AI system errors or false positives in fraud detection.
  • You agree not to attempt to manipulate, deceive, or exploit the AI systems used on the platform.

ACCOUNT MANAGEMENT AND SECURITY

• Fraudulent Activities:
  • We reserve the right to block any account from bidding if it is found to be engaged in fraudulent activities
  • Determination of fraudulent activity is at the sole discretion of BidSmart™
• Account Termination:
  • BidSmart™ reserves the right to terminate accounts for violation of these Terms
  • Accounts may be terminated for non-payment of fees, failure to meet referral requirements, or other violations

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics ('Content'), along with the trademarks, service marks, and logos ('Marks'), are owned or controlled by us and are protected by intellectual property laws.

You are granted a limited license to access and use the Site for personal, non-commercial purposes. No part of the Site, Content, or Marks may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without prior written permission.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

• All registration information you submit is true, accurate, current, and complete
• You will maintain the accuracy of this information and promptly update it as needed
• You are not a minor in your jurisdiction
• You will not access the Site through automated or non-human means, such as bots or scripts
• Your use of the Site complies with applicable laws and regulations

USER REGISTRATION

You may be required to create an account ('Account') to access certain features. You agree to keep your password confidential and accept responsibility for all activities that occur under your Account. We reserve the right to remove, reclaim, or change a username if we determine it to be inappropriate or offensive.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include but are not limited to:

• Engaging in unauthorized data collection or scraping
• Circumventing, disabling, or interfering with security features
• Uploading or transmitting viruses, malware, or harmful scripts
• Harassing or threatening other users
• Using automated systems, bots, or scripts to interact with the Site
• Impersonating others or using another user's Account

Privacy Policy

We care about data privacy and security. By using the Site, you agree to our Privacy Policy, which is incorporated into these Terms. Please review our Privacy Policy to understand how we collect, use, and share your information.

Site Management

We reserve the right to monitor the Site for violations, take appropriate legal action, and restrict or terminate access for any reason, including breaches of these Terms.

Term and Termination

These Terms remain in effect while you use the Site. We reserve the right to suspend or terminate access at our sole discretion without notice, especially for violations of these Terms.

Modifications and Interruptions

We reserve the right to change, modify, or remove Site content at any time. We are not liable for interruptions, modifications, or discontinuations of the Site.

Governing Law

These Terms are governed by and construed under the laws of the jurisdiction where BidSmart™ is registered. Any disputes shall be resolved through arbitration in accordance with the rules of that jurisdiction.

Dispute Resolution

Disputes shall first be attempted to resolve through informal negotiations. If unresolved, disputes will be subject to non-binding arbitration as outlined in these Terms.

Disclaimer

The Site is provided ‘as is’ and ‘as available.’ We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose. You use the Site at your own risk.

Limitations of Liability

We are not liable for any damages resulting from use of the Site, including data loss, service interruptions, or security breaches.

User Data

You are solely responsible for maintaining and backing up any data related to your use of the Site. We are not responsible for data loss or corruption.

Electronic Communications, Transactions, and Signatures

By using the Site, you consent to receive electronic communications and agree to the use of electronic signatures, contracts, and transactions.

Changes to Terms

We reserve the right to modify or update these Terms at any time and for any reason at our sole discretion. It is your responsibility to review these Terms periodically. Your continued use of the Site after any modifications indicates your acceptance of the updated Terms.

Miscellaneous

These Terms constitute the entire agreement between you and BidSmart™. For inquiries, please contact us at support@bidsmart.live.