Government Entity Addendum

Applicability

This Addendum applies automatically to your use of the Service if you are using it as, or on behalf of, a state, county, municipal, tribal, or other government entity, or a public school district, special district, or public authority acting in a governmental capacity (“Government Customer”).

No separate signature is required for this Addendum to take effect — it is a published Addendum that governs by its own terms as soon as a Government Customer begins using the Service. Where a Government Customer's procurement process requires an executed copy, the parties may sign the standalone signable version of this Addendum. An executed copy controls over this published Addendum in the event of any conflict between the two.

This Addendum modifies the EULA and the Terms of Service only as stated below. All other provisions of the EULA and Terms remain in effect for Government Customers.

1. No indemnification by Government Customer

Terms of Service §13 (Indemnification) does not apply to Government Customer to the extent Government Customer is legally barred from indemnifying a private party (a common statutory limitation on public entities). Government Customer's obligations, if any, with respect to claims arising from its own use of the Service are limited to those permitted under applicable law governing that entity.

2. Governing law and venue; sovereign immunity preserved

Notwithstanding EULA §12 and Terms of Service §17 (which designate Wyoming), this Addendum and Government Customer's use of the Service are governed by the laws of the state, commonwealth, or territory in which Government Customer is located, without regard to conflict-of-laws principles. Venue for any dispute lies exclusively in the courts of that jurisdiction, or such other venue as required by applicable law governing that Government Customer.

Nothing in the EULA, the Terms of Service, or this Addendum waives, and this Addendum does not itself waive, any sovereign immunity, immunity from suit, or other governmental immunity or defense available to Government Customer under applicable law.

3. No binding arbitration

Terms of Service §15 (informal negotiation) and §16 (binding arbitration and class-action waiver) do not apply to Government Customer to the extent Government Customer lacks legal authority to agree to binding arbitration or to waive its right to proceed in court. Following the good-faith negotiation period described in Terms of Service §15, any unresolved dispute between ThinkBOLD Solutions and Government Customer will proceed in a court of competent jurisdiction in the venue identified in Section 2 above.

4. Appropriations / non-funding termination

Government Customer's payment obligations under any order or subscription are subject to the availability of appropriated or otherwise legally available funds. If Government Customer's legislative body, governing board, or equivalent funding authority does not appropriate funds for a subsequent fiscal period, Government Customer may terminate the applicable order without penalty or further obligation by providing written notice to ThinkBOLD Solutions, effective no later than the end of the last funded period. No provision of the EULA, the Terms of Service, or this Addendum obligates Government Customer to make any payment, or triggers any auto-renewal, beyond then-currently appropriated or available funds.

5. No unilateral amendment

Terms of Service §18 (Changes to these Terms) and any similar update mechanism in the EULA do not bind Government Customer with respect to a material change unless ThinkBOLD Solutions provides written notice of the change at least 30 days in advance, and Government Customer either (a) provides written acceptance of the change, or (b) continues using the Service after the notice period without written objection. If Government Customer objects in writing within the notice period, Government Customer may terminate its access without penalty rather than accept the change.

6. Records and public-records (FOIA) cooperation

ThinkBOLD Solutions acknowledges that data, communications, and records Government Customer creates, sends, or stores using the Service may constitute public records subject to disclosure under Government Customer's applicable public-records, open-records, or freedom-of-information law. ThinkBOLD Solutions will reasonably cooperate with Government Customer's public-records obligations, including by providing reasonable access to, or export of, Government Customer's data on request to support a records request. ThinkBOLD Solutions may charge for extraordinary retrieval effort beyond standard export functionality. This section does not require ThinkBOLD Solutions to disclose its own confidential or proprietary information, including source code or security details, or any other customer's data.

7. Data ownership and export on termination

As between the parties, Government Customer owns all data, content, and records it submits to or generates using the Service (“Customer Data”). Upon termination or expiration of Government Customer's access, ThinkBOLD Solutions will make Customer Data available for export in a standard, commonly-used format (e.g., CSV, JSON, or PDF, as applicable to the data type) for a period of 30 days following termination, and will provide a written attestation of deletion of Customer Data from production systems on Government Customer's written request, subject to the backup-retention cycle described in the Privacy Policy.

8. Liability cap

Terms of Service §12 (Limitation of Liability) is modified for Government Customer as follows: ThinkBOLD Solutions' total cumulative liability to Government Customer for all claims arising out of or relating to the Service will not exceed the greater of (a) the fees Government Customer paid to ThinkBOLD Solutions in the twelve (12) months preceding the claim, or (b) the amount stated in Terms of Service §12. A higher liability cap, including a minimum floor amount, may be stated in an executed copy of this Addendum for procurements that require one.

9. Insurance

ThinkBOLD Solutions will provide certificates of insurance and current coverage details to Government Customers on request as part of a procurement process. Requests: cass@heycass.ai.

10. Order of precedence

In the event of any conflict between this Addendum, the EULA, the Terms of Service, and any other referenced policy, the following order of precedence applies, with each item controlling over those listed after it:

1. An executed, signed copy of this Addendum, if any;
2. This published Addendum;
3. The EULA;
4. The Terms of Service;
5. Any other policy referenced in the Terms of Service (Privacy Policy, Acceptable Use Policy, Cookie Policy).

11. Executed copies

Where a procurement process requires a signed instrument, use the signable PDF version of this Addendum, which includes signature blocks for both parties and an acknowledgment of the EULA and Terms of Service. Executed copies may also state procurement-specific terms — including a negotiated liability floor and insurance requirements — that control over this published version.