Terms of Service

These Terms of Service (“Terms”) govern your use of the TenderEase service. They form a contract between you (the business purchasing the service) and TenderEase Ltd. By placing an Order or using TenderEase, you confirm you have authority to enter into this contract on behalf of your business and that you agree to these Terms.

TenderEase is sold to businesses only. Consumer rights legislation does not apply to this contract.

If you have any questions about these Terms, contact us at support@tenderease.co.uk before placing an Order.

Important: this analysis is AI-generated

TenderEase produces its analysis using artificial intelligence. It is a tool to speed up your own review, not a replacement for it. AI can be wrong, can miss things, and can state things that are not in your documents. Every finding is cited to a page so you can check it, and you remain responsible for verifying anything before you rely on it in a bid, a price, a clarification or any other decision. The full detail is in clause 11, and our liability is addressed in clause 18.

1.  Definitions

In these Terms the following words have the meanings set out below:

“Analysis” means the AI-generated review of your Tender Pack delivered through the Dashboard.

“Customer”, “you”, “your” means the company or other organisation that purchases the Service. Consumer purchases are not accepted.

“Dashboard” means the password-gated web report we provide following Analysis.

“DPA” means our Data Processing Agreement, available upon request.

“Order” means an individual purchase you make through the calculator and Stripe Checkout.

“Privacy Policy” means our privacy policy, available here

“Service” means the TenderEase tender-analysis service, including the calculator, the Analysis, the Dashboard, the Share Link, and any updates and additions to them.

“Share Link” means the password-gated URL we provide for access to a Dashboard.

“Stripe” means Stripe Payments Europe, Ltd, our payment processor.

“Sub-processor” means a third party we engage to help deliver the Service. The current list is in clause 14.

“Tender Pack” means the documents you upload to TenderEase for Analysis.

“TenderEase”, “we”, “us”, “our” means TenderEase Ltd, a company incorporated in England and Wales with company number [COMPANY NUMBER] and registered address [REGISTERED ADDRESS].

2.  The Service

2.1        TenderEase reviews uploaded tender documents and produces a structured Dashboard summarising clarifications to raise, risks, onerous clauses, document conflicts, pricing intelligence, trade packages and other findings, with each finding cited back to the page of the source document.

2.2        The Service uses third-party large language models (currently Anthropic’s Claude family) to perform the Analysis. Clause 11 contains important information about the limitations of AI-generated output.

2.3        We may improve and develop the Service from time to time. Material changes that adversely affect a paid Order already in progress will only be made if necessary for security, legal compliance, or to fix a defect.

3.  How an Order is placed

3.1        You use the calculator on our website to enter the characteristics of your tender (number of files, number of pages, your role) and receive an indicative price.

3.2        You then submit the calculator form, which includes uploading your Tender Pack and providing your contact details.

3.3        Once the upload completes, you are redirected to Stripe Checkout to pay for the Order.

3.4        Your Order is binding on us only when Stripe confirms successful payment. Up to that point you may close the tab, abandon the upload, or fail to complete payment without any contract being formed.

3.5        Upload before payment: the upload of the Tender Pack happens before payment as a pre-contractual step at your initiative, so that you are not asked to re-upload after paying. If Stripe does not confirm successful payment, the upload is treated as cancelled and is automatically and permanently deleted from our servers within 24 hours.

4.  Pricing, VAT and payment

4.1        Prices are quoted in pounds sterling (GBP). We are not currently registered for VAT, so no VAT is charged on Orders. If and when we become VAT-registered, VAT will be added at the prevailing rate and shown to you on the Stripe Checkout page before payment.

4.2        All payments are taken through Stripe at the time the Order is placed. We do not offer credit terms, deferred payment, or invoicing as standard. We may agree invoiced payment with repeat customers under a separate written agreement.

4.3        Discount codes, where offered, apply only to the Orders specified at the time the code is issued and may be withdrawn at any time. Use of a discount code does not require you to opt in to marketing communications.

4.4        We may change our prices for future Orders at any time without notice. Existing paid Orders are not affected by price changes.

5.  Refunds and cancellation

5.1        Because the Service is digital and starts immediately on payment, refunds are not available once Analysis has begun.

5.2        If payment is confirmed but Analysis has not yet started (for example because we have not yet released processing capacity), you may request cancellation by email and we will refund the Order in full.

5.3        If, in our reasonable opinion, the Analysis materially fails to deliver the sections promised on our website at the time of the Order, we may at our discretion offer a refund, a re-run, or a credit. This is your sole remedy for a defective Analysis, subject to clause 18.

5.4        Statutory consumer cancellation rights do not apply to this contract.

6.  Acceptable use

6.1        You may use the Service only to analyse tender documents your business has been invited to bid on, or which you otherwise have a lawful right to possess.

6.2        You agree not to:

(a)     upload documents you do not own and do not have the right to upload;

(b)     use the Service to obtain competitive intelligence about a tender your business is not legitimately bidding on;

(c)     upload material that infringes any third party’s intellectual property, confidentiality or privacy rights, beyond what tender documents naturally contain in the ordinary course;

(d)     upload material that contains malware or viruses or that is unlawful in the United Kingdom;

(e)     reverse-engineer, scrape or attempt to extract our prompts, templates, models, or the underlying mechanics of the Analysis; or

(f)      resell the Service or pass the Dashboard off to a third party as your own analysis product for fee (you may, of course, use the analysis to inform your own bid, which is what the Service is for).

6.3        If we reasonably believe you are in breach of this clause 6 we may suspend or terminate the Service under clauses 16 and 17 and retain fees paid.

7.  Your documents: ownership and the licence you grant us

7.1        You retain all intellectual property rights in your Tender Pack.

7.2        You grant us a non-exclusive, royalty-free, worldwide licence to process the Tender Pack for the sole purpose of providing the Service to you. This licence ends when we delete the Tender Pack in accordance with clause 15.

7.3        You warrant that you have the right to upload the Tender Pack and to grant us the licence in clause 7.2.

8.  Logo and white-labelling

8.1        If you upload a logo and brand colours so the Dashboard is white-labelled, you warrant that you own or have the right to use the logo for this purpose.

8.2        You grant us a non-exclusive, royalty-free licence to use the logo solely to produce, deliver and (within the password-gated environment) display the Dashboard for the duration of the engagement.

8.3        You grant us a non-exclusive, royalty-free licence to use your name and logo to identify you as a TenderEase customer in our marketing, including on our website, in customer lists and in case studies. In doing so we will not disclose the identity of any tender, or the contents of your Tender Pack or Dashboard. You may opt out at any time by emailing [CONTACT EMAIL], after which we will stop using your name and logo in new marketing materials within a reasonable period and remove them from materials under our control where reasonably practicable.

9.  Our intellectual property

9.1        We own all rights, title and interest in:

(a)     the TenderEase platform, calculator, Dashboard interface and all underlying software and infrastructure;

(b)     the prompts, templates, scoring rubrics and methodologies we use to perform the Analysis; and

(c)     anonymised, aggregated metrics derived from our delivery of the Service (excluding the content of your Tender Pack and your Analysis outputs).

9.2        Nothing in these Terms transfers ownership of any of the above to you.

10.  Your Analysis outputs

10.1     You own the contents of your Dashboard. You may use it freely within your business, share it with your team, your subcontractors and your professional advisers, and use it to inform any bid you make.

10.2     You may not publish the Dashboard, in whole or in substantial part, externally or to the general public, without our written consent. This restriction protects the underlying TenderEase methodology, not your right to use the analysis in your own bid.

11.  AI output: important

11.1     The Analysis is generated by artificial intelligence. AI models are powerful but imperfect. They can produce output that is incomplete, mistaken, out of date or that mischaracterises source material. They can also invent statements that are not in the source documents (commonly called “hallucination”).

11.2     Every finding in the Dashboard is cited to a specific page of a source document so that you can verify it. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY AND RELEVANCE OF ANY FINDING BEFORE RELYING ON IT COMMERCIALLY, whether in a bid, a clarification to a client, an RFI, a programme, a price or any other contractual or commercial decision.

11.3     The Service is a productivity aid for experienced construction professionals. It is not a substitute for the professional judgement of a bid manager, estimator, commercial manager, solicitor, surveyor, engineer or other qualified adviser.

11.4     We do not provide construction, legal, commercial, programming, valuation, structural or other professional advice. The Service does not create any professional adviser-client relationship between us and you.

11.5     To the maximum extent permitted by law, we exclude any liability for losses arising from your reliance on the Analysis without independent verification.

12.  Confidentiality

12.1     We treat your Tender Pack and your Dashboard as confidential.

12.2     We will not disclose them to any third party except:

(a)     to the Sub-processors listed in clause 14, who are bound by their own confidentiality obligations and process the data only as needed to deliver the Service;

(b)     where required by law, regulation, court order or competent authority; or

(c)     with your prior written consent.

12.3     Our confidentiality obligation under this clause 12 continues for three years after the end of the engagement.

13.  Data protection

13.1     We comply with the UK GDPR and the Data Protection Act 2018 in our processing of personal data.

13.2     Our processing of personal data within your account, billing records and calculator submissions is described in the Privacy Policy.

13.3     Where the Tender Pack contains personal data (for example, names and contact details of your client’s design team or supply chain), we process that personal data on your behalf. The terms of that processing are set out in the DPA, which is incorporated into these Terms by reference and forms part of the contract between us.

14.  Sub-processors

14.1     We use the following Sub-processors to deliver the Service:

(a)     Anthropic, PBC: provides the large language models that perform the Analysis. Processing may take place in the United States under standard contractual clauses (SCCs).

(b)     Amazon Web Services EMEA SARL: provides cloud storage. Storage region: eu-west-2 (London, United Kingdom).

(c)     Fly.io Inc.: provides cloud hosting for the calculator, engine and Dashboard portal. Region: United Kingdom / European Union.

(d)     Stripe Payments Europe, Ltd: provides payment processing. Card details are submitted directly to Stripe and never touch our servers.

(e)     Plausible Insights OÜ: provides cookie-less website analytics. No personal data is collected through this Sub-processor.

14.2     We may add, remove or replace Sub-processors from time to time. Material changes to the list will be reflected in an updated version of these Terms and the DPA, with notice given through the email address you used at Order time and on our website. You may terminate the engagement (subject to clause 17) if you object to a material change.

15.  Storage, retention and deletion

15.1     We retain data associated with your Order as follows:

(a)     Tender Pack and Dashboard for paid Orders: 12 months from the date the Dashboard is published, then deleted automatically.

(b)     Tender Pack for unpaid Orders (where Stripe did not confirm payment): 24 hours from upload, then deleted automatically.

(c)     Billing records (invoice, transaction reference, amount, VAT, customer name and billing address): 6 years from the end of the relevant accounting period, to comply with our obligations under HMRC and Companies Act rules.

(d)     Calculator submissions and quote history: 24 months from submission.

15.2     You may request early deletion of your Tender Pack and Dashboard at any time by emailing [DATA PROTECTION EMAIL] from the address that placed the Order. We will action requests within five working days. The statutory billing-records retention in clause 15.1(c) cannot be shortened.

16.  Service availability and suspension

16.1     We provide the Service on a best-efforts basis. We do not at this stage commit to a specific uptime, response time or processing time. If your organisation requires a service level agreement, contact us before placing your Order and we may agree one separately.

16.2     We may suspend the Service, in whole or in part, where:

(a)     we reasonably believe you are in breach of clause 6 (acceptable use);

(b)     we receive a credible legal complaint about content you have uploaded;

(c)     suspension is necessary to maintain security or address a defect; or

(d)     any payment you owe us is overdue.

16.3     We will give you notice of any suspension as soon as reasonably practicable and will lift the suspension as soon as the cause is resolved.

17.  Termination

17.1     You may stop using the Service at any time. To request deletion of your data before automatic retention windows lapse, see clause 15.2.

17.2     We may terminate the contract with you by written notice if:

(a)     you commit a material breach of these Terms and (if capable of remedy) do not remedy that breach within 14 days of notice;

(b)     any payment you owe us is more than 30 days overdue; or

(c)     we cease to offer the Service generally, in which case we will refund fees paid for Analysis not yet performed and give you reasonable notice.

17.3     Termination does not affect rights and obligations that have accrued before termination or the survival of clauses that by their nature are intended to survive (including clauses 7, 8.3, 9, 10.2, 11, 12, 17.3, 18, 19, 23 and 24).

18.  Our liability: important

18.1     Nothing in these Terms limits or excludes our liability for:

(a)     death or personal injury caused by our negligence;

(b)     fraud or fraudulent misrepresentation; or

(c)     any other liability that cannot be limited or excluded under English law.

18.2     Subject to clause 18.1:

(a)     we will not be liable for any loss of profit, loss of revenue, loss of business, loss of bid, loss of opportunity, loss of goodwill, loss of anticipated savings, business interruption, or for any indirect, consequential, special or punitive loss, in each case whether arising under contract, in tort (including negligence), under statute or otherwise; and

(b)     our total aggregate liability to you under or in connection with the Service and these Terms, however arising, is limited to the total fees you have paid to us in the 12 months immediately before the event giving rise to the claim, or £500, whichever is greater.

18.3     The exclusions and limits in clause 18.2 apply regardless of how many Orders, Dashboards or claims are involved.

18.4     You acknowledge that the fees for the Service reflect the allocation of risk in this clause 18 and that we would not provide the Service at the same price without it.

19.  Indemnity

19.1     You will indemnify us against any losses, damages, costs, claims, demands and reasonable legal fees we suffer arising from:

(a)     any third-party claim that your upload of the Tender Pack, or any content within it, infringes that third party’s intellectual property, confidentiality or privacy rights; or

(b)     your breach of clause 6 (acceptable use).

20.  Force majeure

20.1     Neither party is liable for any failure to perform these Terms (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, strike, telecommunications failure, internet outage, third-party service provider failure, or pandemic. The affected party will notify the other and use reasonable endeavours to mitigate.

21.  Changes to these Terms

21.1     We may update these Terms from time to time, for example to add subscription-tier pricing, to reflect changes in our Sub-processors, or to comply with new law. The current version is always available on our website with a “last updated” date.

21.2     For existing paid Orders in progress, the version of these Terms in force when the Order was placed continues to apply.

21.3     For new Orders, the version of these Terms in force on our website at the time of the Order applies. By placing a new Order you confirm acceptance of the version then in force.

21.4     Where we add subscription-tier pricing in the future, those terms will be set out as an amendment to or supplement of these Terms. Pay-per-tender will remain an available option unless we give you reasonable advance notice that it is being withdrawn.

22.  General

22.1Entire agreement. These Terms, together with the Privacy Policy and the DPA, and any Order accepted by us, are the entire agreement between us about the Service. They replace any prior discussions, proposals or representations. You confirm you have not relied on any statement, representation or promise not expressly set out in these documents.

22.2Severability. If any provision of these Terms is held to be unenforceable, the remainder remains in force.

22.3No waiver. A failure or delay by either party in enforcing any provision of these Terms is not a waiver of that provision.

22.4Assignment. You may not assign or transfer your rights under these Terms without our written consent. We may assign or transfer ours to a successor in connection with a sale, merger or reorganisation of our business.

22.5No third-party rights. No person other than you and us has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms.

22.6Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us.

23.  Governing law and jurisdiction

23.1     These Terms and any dispute or claim arising out of or in connection with them are governed by the law of England and Wales.

23.2     The courts of England and Wales have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms.

24.  Notices and how to contact us

24.1     Formal notices under these Terms must be in writing and sent by email:

To us: support@tenderease.co.uk

To you: the email address you provided at Order time.

24.2     For day-to-day support, contact support@tenderease.co.uk.

24.3     For data-protection enquiries, contact support@tenderease.co.uk

24.4     Our registered address is: TenderEase Ltd, 66 Paul Street, London, England, EC2A 4NA. Company number: 17282896

End of Terms