Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Headwater platform (“Service”), operated by Rivermark LLC (“Headwater,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Service.

Headwater is a subscription-based legislative intelligence platform for tracking Washington State legislation. The Service includes bill tracking and analysis, AI-generated summaries, budget and proviso analysis, lawmaker engagement tools, and automated reporting features. The platform aggregates publicly available data from the Washington State Legislature and related government sources, including the Washington State Public Disclosure Commission and state agency rulemaking publications.

Headwater is intended for use by government relations professionals, lobbyists, trade associations, public agencies, and organizations with a professional interest in Washington State legislation.

To use the Service, you must create an account with a valid email address and maintain an active subscription. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account, whether or not you authorized it
• Notifying us promptly at support@headwater.app if you believe your account has been compromised

You may not share your account credentials with others outside your licensed user seats. Team and Enterprise subscribers may add users up to the limit of their plan.

Access to the Service requires a paid subscription. Subscription plans, pricing, and included features are described on the Pricing page. By subscribing, you authorize Headwater (through Stripe) to charge your payment method on a recurring basis according to your selected plan. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.

• Annual plans — billed once per year at the rate in effect at the time of your subscription or renewal. Annual subscriptions are non-refundable except as described below.
• Monthly plans (Basic and Premium only) — billed each month. You may cancel at any time; cancellation takes effect at the end of the current billing period.
• Team and Enterprise plans — annual only, invoiced separately. Contact us at sales@headwater.app for pricing and onboarding.

Prices may change with 30 days' notice. Price changes apply at the next renewal. All prices are in USD and exclusive of applicable taxes.

Monthly subscriptions may be cancelled at any time with no refund for the current period. Annual subscriptions may be cancelled within 14 days of initial purchase for a full refund. After 14 days, annual subscriptions are non-refundable, but access continues through the end of the subscription period.

To cancel your subscription, use the billing portal accessible from your account settings, or contact us at billing@headwater.app.

You agree to use the Service only for lawful purposes consistent with these Terms. You may not:

• Resell, sublicense, or redistribute access to the Service or its data without our written consent
• Scrape, copy, or systematically extract data from the Service by automated means beyond normal use of the platform
• Use the Service to generate content intended to mislead, deceive, or misrepresent positions to legislators or the public
• Attempt to gain unauthorized access to any part of the Service or its underlying infrastructure
• Use the Service in any way that violates applicable laws or regulations, including lobbying disclosure requirements
• Upload malicious code, files, or content intended to disrupt the Service
• Use information about individuals surfaced in the platform to harass, intimidate, or unlawfully discriminate against any person

We reserve the right to suspend or terminate accounts that violate these restrictions.

The Service includes features for storing contact information about third parties — such as coalition group members, stakeholders, and colleagues — and for sending email to those contacts through the platform. When you use these features, you represent and warrant that:

• You have the legal right to provide us any third-party contact information you upload or enter into the Service
• You have the consent or other lawful basis needed to send email to those recipients, and your messages comply with applicable email and anti-spam laws
• You will promptly stop emailing, and remove from your lists, any contact who asks you to

Messages you compose and send through the Service — to legislators, agencies, group members, or anyone else — are your communications, sent at your direction. You are solely responsible for their content and for the recipients you choose.

The Service uses AI models (OpenAI, Anthropic Claude) to generate bill summaries, relevance assessments, and engagement drafts including testimony, emails, and letters. You acknowledge that:

• AI-generated content may contain inaccuracies, omissions, or errors and should be reviewed before use
• Headwater does not warrant the accuracy, completeness, or fitness for purpose of AI-generated content
• You are solely responsible for reviewing, editing, and approving any AI-generated content before submitting it to legislators, agencies, or the public
• AI-generated content does not constitute legal advice

We may make beta, preview, or early-access features available from time to time. Beta features are provided “as is,” may contain errors, may change materially, and may be limited or discontinued at any time without notice. Beta features are excluded from any support or availability commitments that otherwise apply to the Service.

Your content. You retain ownership of all content you upload or enter into the Service, including redline documents, organization profiles, priorities, and campaign notes. By using the Service, you grant Headwater a limited license to process and store this content solely for the purpose of providing the Service to you.

Legislative data. Bill text, committee records, vote data, and related legislative information surfaced in the platform is sourced from publicly available Washington State government records. We make no warranty regarding the completeness, timeliness, or accuracy of this data.

Platform improvements. We may use aggregated, de-identified usage patterns (e.g., which feature categories are most used) to inform product development. We do not sell or share individual client data.

Third-party connections. If you connect a Microsoft 365 or Google account (for cloud document features), your use of those services is governed by your agreements with those providers. We are not responsible for the availability, security, or conduct of third-party services, and you are responsible for ensuring such connections comply with your organization's own policies.

Headwater and its licensors own all intellectual property rights in the Service, including the platform software, design, AI prompts, scoring models, and documentation. These Terms do not grant you any rights in Headwater's intellectual property except the limited right to use the Service as described here.

You may not copy, modify, reverse-engineer, or create derivative works of the Service software.

Each party agrees to keep the other's confidential information private. For clients, this means Headwater will not disclose your organization profile, legislative priorities, campaign strategies, or other non-public information to any third party except as needed to provide the Service or as required by law.

This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party.

The Service is provided “as is” and “as available.” Headwater makes no warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that legislative data will be complete or current.

Nothing in the Service constitutes legal, lobbying compliance, or political advice. You are responsible for compliance with all applicable lobbying disclosure laws and professional conduct rules in your jurisdiction.

To the fullest extent permitted by law, Headwater's total liability to you for any claim arising out of or relating to these Terms or the Service will not exceed the amount you paid for the Service in the 12 months preceding the claim.

In no event will Headwater be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if we have been advised of the possibility of such damages.

You agree to defend, indemnify, and hold harmless Headwater and its officers, members, and employees from and against any third-party claims, damages, and reasonable expenses (including attorneys' fees) arising out of: (a) content you upload to or send through the Service, including communications to legislators, agencies, or your group members; (b) third-party contact information you provide; or (c) your violation of these Terms or applicable law. This obligation does not apply to the extent a claim arises from Headwater's own breach of these Terms or its own negligence.

These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles. Any disputes arising under these Terms will be resolved in the state or federal courts located in King County, Washington, and you consent to the jurisdiction of those courts.

We may update these Terms from time to time. Material changes will be communicated to active users via email at least 14 days before taking effect. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of those changes.

Either party may terminate these Terms at any time. We may suspend or terminate your access immediately for material violations of these Terms, including non-payment or abuse. Upon termination, your right to access the Service ceases. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will survive.

These Terms, together with the Privacy Policy, are the entire agreement between you and Headwater regarding the Service, and supersede any prior agreements on the same subject. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.

Questions about these Terms can be directed to:

Rivermark LLC
legal@headwater.app