Terms of Service

1. Acceptance of Terms

Welcome to BidClever. These Terms of Service ("Terms") govern your access to and use of the BidClever website located at bidclever.ai (the "Site") and our AI-powered tender discovery and qualification platform, including any software, features, content, and services we provide (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Eligibility

To use our Services, you must be at least 18 years old and have the legal capacity to enter into a binding agreement. By using the Services, you represent and warrant that you meet these eligibility requirements.

If you are accessing the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" and "your" will refer to such entity.

3. Account Registration and Security

To access certain features of the Services, you may be required to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete.

4. Description of Services

BidClever provides an AI-powered tender discovery and qualification platform designed to help businesses find, analyze, and respond to public sector procurement opportunities. Our Services include:

• Tender Discovery: Automated scanning and aggregation of tender opportunities from public procurement portals including SAM.gov and TED.europa
• AI-Powered Analysis: Intelligent scoring and qualification of opportunities based on your company profile and criteria
• Tender Chat: AI-powered document analysis for interrogating tender documents using natural language
• Analytics and Reporting: Insights and data visualization for your bidding activities
• Collaboration Features: Tools for team coordination on tender discovery and qualification

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will endeavour to provide reasonable advance notice of material changes. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

5. Subscription Plans and Payment

5.1 Subscription Plans

Access to certain features of the Services requires a paid subscription. We offer a free plan and paid subscription plans with different features and pricing. Details of available plans are provided on our Plans page and may be updated from time to time. AI credits included in a plan reset daily; unused credits expire when they reset and do not roll over.

The free plan gives one user per organization access to our Standard Access plan at no cost. Each additional user needs a paid seat. We may change or end the free plan, including the features it includes, and we will give you reasonable notice before such a change takes effect.

5.2 Free Trials

Each new organization receives a 14-day free trial of our Professional Capture plan for up to 5 members. No payment card is required to start the trial, and you will not be charged during the trial period. If you choose to keep Professional Capture before the trial ends, we collect a payment card (or use one already on file), your subscription continues after the trial, and the applicable subscription fee is charged from the end of the trial. Otherwise, when the trial ends your organization moves to the free plan automatically and you are not charged. Members other than the free-plan user keep their accounts but need a paid seat to continue using the Services. We may also offer additional trials; they end in the same way, and you are only charged if you choose to keep the plan before the trial ends.

5.3 Payment Terms

By subscribing to a paid plan, you agree to pay all applicable fees. Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you select. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law.

If a payment fails, the subscription it was for ends immediately. If it was your organization's plan, your organization moves to the free plan; if it was a user's paid seat, that user loses access until a new seat is purchased.

Paid seats are not refunded or credited when they end early. If a user leaves or is removed from the organization, their paid seat stays active until the end of its billing period, and an administrator can give it to a new member at no extra cost; if it is not given to anyone, it ends at the end of that period. If a user with a paid seat receives the organization's free seat, or the organization upgrades to Professional Capture, the paid seats stop renewing and end at the end of their billing period.

5.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorise us to charge your payment method on file for the renewal fee. You may cancel your subscription at any time through your account settings.

5.5 Price Changes

We reserve the right to change our subscription fees. We will provide you with at least 30 days' written notice of any price changes before they take effect. Your continued use of the Services after the price change constitutes your acceptance of the new fees. If you do not agree to the new pricing, you may cancel your subscription before the new pricing takes effect.

6. User Responsibilities and Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for all content you submit, post, or transmit through the Services.

6.1 You Agree Not To:

• Use the Services in any way that violates any applicable law or regulation
• Use the Services to transmit any material that is defamatory, obscene, fraudulent, or otherwise objectionable
• Impersonate or attempt to impersonate BidClever, a BidClever employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• Use any robot, spider, scraper, or other automated means to access the Services without our express written permission
• Attempt to gain unauthorised access to any portion of the Services, other accounts, computer systems, or networks
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein
• Attempt to probe, scan, or test the vulnerability of the Services or any associated system or network
• Resell, sublicense, or otherwise make the Services available to third parties without our written consent, except as expressly permitted under a BidClever Partner Agreement

6.2 User Content

You retain ownership of any User Content you submit through the Services. By submitting User Content, you grant BidClever a non-exclusive, worldwide, royalty-free licence to use, copy, modify, and display such content solely for the purpose of providing and improving the Services.

You represent and warrant that you own or have the necessary rights to submit User Content and that such content does not infringe the intellectual property rights or other rights of any third party.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement, are owned by BidClever, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Limited Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for your internal business purposes during the term of your subscription.

7.3 Restrictions

You may not copy, modify, distribute, sell, lease, or create derivative works based on the Services or any content therein, except as expressly permitted by these Terms or with our prior written consent.

7.4 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free licence to use, modify, and incorporate such Feedback into our Services without any obligation to you.

8. Third-Party Services and Content

The Services may contain links to third-party websites, services, or content that are not owned or controlled by BidClever. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties. We encourage you to read the terms and privacy policies of any third-party services you access through our Services.

9. Data and Privacy

Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference.

You acknowledge that the tender data and market intelligence provided through the Services is aggregated from publicly available sources. While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or timeliness of such data.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not warrant that the results obtained from the use of the Services will be accurate or reliable.

BidClever does not guarantee that you will win any tender or contract as a result of using our Services. The success of any bid depends on numerous factors beyond our control, including the quality of your proposal, pricing, competition, and the evaluation criteria of the contracting authority.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIDCLEVER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of, or inability to access or use, the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorised access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. Nothing in this section is intended to limit any rights you may have as a consumer under applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless BidClever and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use of the Services
• Your violation of any rights of a third party

13. Term and Termination

13.1 Term

These Terms will remain in effect until terminated by you or us.

13.2 Termination by You

You may cancel a paid subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; if you cancel your organization's plan, your organization then moves to the free plan.

You may delete your account at any time through your account settings or by contacting us. Deletion takes effect immediately and cannot be undone. Because each account belongs to a single organization, leaving an organization, or being removed from it by an administrator, also deletes the account. If you are the last member of an organization, deleting your account also deletes the organization.

13.3 Termination by Us

We may suspend or terminate your access to the Services if you materially breach these Terms. Where reasonably practicable, we will provide you with 30 days' written notice and an opportunity to remedy the breach before termination takes effect. We may suspend access immediately without notice where we reasonably believe continued access poses a security risk or violates applicable law.

13.4 Effect of Termination

Upon termination, all licences and rights granted to you under these Terms will immediately terminate. When you delete your account, or leave or are removed from your organization, we delete your account and its data immediately. This cannot be undone. If you are the last member of an organization, the organization and its data are deleted too. Copies in our backups and system logs are erased within 30 days. We keep billing records for as long as the law requires, and usage analytics until they expire under our analytics provider's retention period. Cancelling a paid subscription does not delete any data; your organization moves to the free plan. To get a copy of your data, contact us before you delete your account.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

14.2 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@bidclever.ai. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may bring formal proceedings.

14.3 Jurisdiction

The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms. This means that if you are a consumer based in the EU, you may also bring proceedings in your country of residence.

14.4 EU Consumer Rights

If you are a consumer based in the European Union, nothing in these Terms affects your statutory rights under applicable EU consumer protection legislation. You may also be able to submit a complaint through the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference (including any applicable Partner Agreement), constitute the entire agreement between you and BidClever regarding the Services.

15.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.3 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 Notices

We may provide notices to you via email, posting on the Services, or other reasonable means. You may provide notices to us at the address below.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on the Site, updating the "Last Updated" date, and sending you an email notification at least 30 days before the changes take effect. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

We encourage you to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page, subject to the notice period described above.

17. Contact Us

If you have any questions about these Terms of Service, please contact us:

Email

Website

BidClever is a company registered in England and Wales.