These Terms and Conditions ("Terms") govern your access to and use of CoTender's end-to-end tender management platform, website, APIs, applications, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.
If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
1. Eligibility and Account Responsibility
- You must be legally capable of entering into a binding contract and comply with all applicable laws.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You must promptly notify us of any unauthorized account access or suspected security incident.
2. Service Scope
CoTender provides tools to help teams ingest tender documents, analyze requirements, collaborate on qualification workflows, generate responses, and manage tender lifecycles. Features may evolve over time, and certain functionality may be subject to subscription plans, usage limits, or additional service-specific terms.
3. Acceptable Use
You agree not to:
- Use the Services for unlawful, fraudulent, deceptive, or infringing activities.
- Upload malicious code, attempt to gain unauthorized access, or interfere with system integrity, availability, or security.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code except as expressly permitted by law.
- Use automated means to scrape or extract data from the Services in violation of these Terms.
- Submit content that violates third-party rights, including intellectual property, confidentiality, or privacy rights.
We may suspend or terminate access for violations of this section.
4. Customer Data and Ownership
As between you and CoTender, you retain ownership of data, documents, and materials you submit to the Services ("Customer Data"). You grant CoTender a limited, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, maintain, secure, and improve the Services as permitted by applicable law and agreement.
5. AI-Assisted Features
Some features use AI to generate summaries, classifications, recommendations, and draft content. AI outputs are probabilistic and should be reviewed by qualified personnel before reliance in commercial, legal, or compliance decisions.
6. Intellectual Property
The Services, including software, design, trademarks, logos, content, and underlying technology (excluding Customer Data), are owned by CoTender or its licensors and are protected by applicable intellectual property laws. No rights are granted except as expressly stated in these Terms.
7. Fees, Billing, and Taxes
- Paid Services are billed under your applicable order form, subscription plan, or master agreement.
- Unless otherwise specified, fees are non-refundable and payable in the invoiced currency.
- You are responsible for applicable taxes, duties, and levies, excluding taxes based on CoTender's net income.
8. Confidentiality
Each party may receive confidential information from the other. The receiving party must protect such information using reasonable care, use it only for purposes related to the Services, and not disclose it except as permitted by these Terms or required by law.
9. Third-Party Services
The Services may integrate with third-party products or links. CoTender is not responsible for third-party services, content, or policies. Your use of third-party services is governed by their own terms.
10. Warranties and Disclaimers
To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis. CoTender disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or fully secure at all times.
11. Limitation of Liability
To the fullest extent permitted by law, CoTender will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, goodwill, or data.
To the fullest extent permitted by law, CoTender's aggregate liability arising out of or related to the Services will not exceed the amounts paid (or payable) by you to CoTender for the Services in the 12 months preceding the event giving rise to the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless CoTender and its affiliates, officers, directors, employees, and agents from and against claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the Services, your Customer Data, or your breach of these Terms.
13. Term and Termination
- These Terms apply from the date you first access the Services and continue until terminated.
- You may stop using the Services at any time.
- We may suspend or terminate access for material breach, legal risk, non-payment, or security concerns.
Upon termination, rights granted under these Terms end, except provisions that by nature survive (including confidentiality, payment obligations, disclaimers, liability limitations, and dispute provisions).
14. Governing Law and Dispute Resolution
These Terms are governed by the laws specified in your executed commercial agreement with CoTender. If no separate agreement applies, disputes shall be subject to the courts in the principal place of business of CoTender, unless otherwise required by mandatory law.
15. Changes to These Terms
We may modify these Terms from time to time. Material changes will be posted in the Services or otherwise communicated. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised Terms.
16. Contact
For questions about these Terms, contact:
- Email: terms@cotender.work
If you do not agree to these Terms, you must not access or use the Services.