1. Agreement
These Terms are a binding contract between you (and the organization you represent, "Customer") and DeSouza Strategic Systems LLC d/b/a DSS Advisory Group. By creating an account, clicking to accept, or using DSS Nexus (the "Service"), you accept these Terms. If you accept on behalf of an organization, you represent that you have authority to bind it.
The Service is offered solely to businesses and to business users acting in a professional capacity. It is not offered to consumers. Where mandatory law nonetheless treats you as a consumer, the rights that law gives you apply notwithstanding this paragraph, and nothing in these Terms limits them.
For business customers, the Data Processing Addendum at /dpa is incorporated by reference into these Terms and takes effect automatically on account creation. A countersignable copy, with the Standard Contractual Clauses and Annexes completed, is available from info@dssadvisorygroup.com.
A separately signed master agreement or order form supersedes these Terms to the extent of any conflict.
2. The Service
DSS Nexus is a software platform that ingests public federal procurement data and Customer Content and produces cited, confidence-scored analyses supporting opportunity discovery, capture, pursuit decisions, proposal work, and executive reporting.
DSS Nexus produces decision support, not decisions. Outputs are drafts and analyses that a qualified human must review before any external use. DSS Nexus does not guarantee any award, win rate, contract, ranking, revenue, or procurement outcome, and does not provide legal, financial, accounting, investment, tax, or procurement-law advice.
3. Accounts and security
- You must provide accurate registration information and keep it current.
- You are responsible for all activity under your credentials. Enable multi-factor authentication where offered.
- Notify us immediately at info@dssadvisorygroup.com if you suspect unauthorized access.
- Do not share credentials. Each named user requires their own account.
4. Fees, renewal, and cancellation
- Fees are those presented at purchase. Subscriptions renew automatically for successive terms at the then-current rate unless cancelled.
- Seat, Reviewer seat, and capacity allowances for each plan are set out in the Subscription and Entitlement Schedule, which is incorporated into these Terms by reference and enforced by the Service.
- We will email you before a renewal charge on any annual term, and your subscription's renewal date is shown in Account & Settings.
- You may cancel at any time from Account & Settings, in the same number of steps it took to subscribe. Cancellation stops the next renewal; it does not retroactively refund the current term.
- Refunds are governed by the Refund Policy. Fees are otherwise non-refundable.
- We may change pricing on 30 days' notice, effective at your next renewal.
- Payment is processed by Stripe. Late amounts accrue interest at 1.5% per month or the maximum permitted by law, whichever is less.
- Fees exclude taxes. You are responsible for all taxes other than taxes on our income.
5. Customer Content and license
You retain all right, title, and interest in Customer Content. You grant us a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Content solely to provide and support the Service, and to comply with law.
We do not use Customer Content to train machine-learning models. We may use aggregated, de-identified data that cannot reasonably identify you or your organization to operate and improve the Service.
You represent that you have all rights necessary to submit Customer Content and that it does not infringe any third party's rights or violate the Acceptable Use Policy.
6. Restrictions
- No reverse engineering, decompiling, or deriving source code except where that restriction is unenforceable by law.
- No reselling, sublicensing, or providing the Service to third parties as a service bureau.
- No scraping, automated bulk extraction, or circumvention of rate limits.
- No benchmarking or competitive analysis for the purpose of building a competing product.
- No use that violates the Acceptable Use Policy, including submission of CUI, FCI, or source-selection sensitive information.
7. Intellectual property
We retain all right, title, and interest in the Service, including its software, models, prompts, interfaces, and documentation, and in all improvements. No rights are granted except as expressly stated.
Feedback you give us may be used without restriction or compensation.
8. Government contracting acknowledgements
- The Service is a commercial product. It has not been developed under a government contract and is not accredited or authorized under FedRAMP, DFARS 252.204-7012, or NIST SP 800-171.
- The Service reads publicly available federal data. Nothing in the Service implies affiliation with, sponsorship by, or endorsement by the United States Government or any agency.
- You are solely responsible for compliance with the Procurement Integrity Act, organizational-conflict-of-interest rules, solicitation instructions, and all representations and certifications you make to the Government.
- You warrant that you will not submit classified information, CUI, FCI, or source-selection sensitive information to the Service.
9. Warranty disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST CONTRACTS, LOST AWARDS, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY.
EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO CUSTOMER'S PAYMENT OBLIGATIONS, EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.
11. Indemnification
We will defend and indemnify Customer against third-party claims alleging the Service, as provided by us and used in accordance with these Terms, infringes a US patent, copyright, or trade secret.
Customer will defend and indemnify us against third-party claims arising from Customer Content, Customer's use of the Service in violation of these Terms or the Acceptable Use Policy, or Customer's representations to any government.
12. Term, suspension, and termination
- These Terms apply while you hold an account. Either party may terminate for material breach not cured within 30 days of written notice.
- We may suspend access immediately for non-payment, a security threat, or a violation of the Acceptable Use Policy, with notice as soon as practicable.
- On termination, your right to use the Service ends. You may export Customer Content from Account & Settings for 30 days afterwards, after which we delete it per the Privacy Policy.
- Sections that by their nature should survive termination do survive.
12a. International use, export control, and sanctions
- The Service is operated from the United States and hosted there. You are responsible for compliance with the laws of the jurisdiction from which you access it, including local data-protection and telecommunications law.
- You may not access or use the Service if you are located in, ordinarily resident in, or organised under the laws of a country or territory subject to comprehensive US sanctions, or if you are listed on any US, UK, EU, or UN restricted-party list.
- You will not export, re-export, or transfer the Service or any output in violation of the US Export Administration Regulations, the International Traffic in Arms Regulations, or any applicable sanctions or export-control regime.
- You warrant that you will not submit export-controlled technical data to the Service.
13. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Harris County, Texas.
Nothing in this section deprives you of the protection of mandatory provisions of the law of your country of habitual residence, or of any mandatory right to bring proceedings in the courts of that country, where such rights cannot be excluded by agreement. To that extent this clause does not apply to you.
Before filing suit, the parties will attempt in good faith to resolve any dispute through senior-executive negotiation for 30 days. Either party may seek injunctive relief for misuse of intellectual property or confidential information at any time.
14. General
- We may modify these Terms on 30 days' notice; continued use after the effective date constitutes acceptance.
- Neither party may assign these Terms without consent, except to a successor in a merger or asset sale.
- If any provision is unenforceable, the rest remains in effect.
- Neither party is liable for delay caused by events beyond its reasonable control.
- These Terms, plus the policies they reference, are the entire agreement between the parties.
- Questions: info@dssadvisorygroup.com.