Last updated: 7 July 2025

Note:

The Tendersight platform is intended exclusively for legal entities. This document forms part of our commercial offer and governs the legal relationship between Tendersight Inc. (the “Provider”) and the Client. By electronically accepting these Terms, the Client’s representative confirms that they have the authority to legally bind the entity they represent.

1. DEFINITIONS

For the purposes of this document, the following terms shall have the meanings set out below, whether used in the singular or plural:

• Platform – the website www.tendersight.ai, related applications, interface, databases, algorithms, and SaaS services provided by the Provider.
• Provider – Tendersight Inc., a corporation registered in Delaware, USA.
• Client – a legal entity that purchases access to the Platform.
• Authorized User – an employee, contractor, or representative of the Client for whom an Account has been created.
• Personal Data – information relating to an identified or identifiable natural person, within the meaning of the GDPR.
• AI-Generated Content – data, analyses, or recommendations automatically produced by artificial intelligence algorithms integrated into the Platform.
• Services – any functionality, module, or API made available by the Provider.
• Contract – this document together with the Order/Offer accepted by the Client and, where applicable, the Data Processing Agreement (DPA) and the SLA Appendices.

2. SEVERABILITY CLAUSE

If any provision of this document is held to be invalid, illegal, or unenforceable by a competent court, the remaining provisions shall remain fully valid and enforceable. The affected provision shall be replaced, to the extent possible, with a provision having a similar legal effect and intent.

3. WAIVER OF RIGHTS (NON-WAIVER)

The fact that Tendersight does not exercise or delays the exercise of any right provided under this Contract shall not constitute a waiver of that right. No waiver of any right or remedy shall be deemed valid unless it is expressly made in writing and signed by the party granting such waiver.

4. FORCE MAJEURE CLAUSE – OPERATIONAL

In addition to the legal definition of force majeure and fortuitous events, the parties agree as follows: the affected party shall notify the other party in writing within a maximum of five (5) business days from the occurrence of the force majeure event. Obligations temporarily suspended shall be resumed immediately upon cessation of the event. If the force majeure event persists for more than thirty (30) days, either party shall be entitled to terminate the agreement without liability for damages.

5. LIMITED LICENSE OF USE

Tendersight grants the User a limited, revocable, non-transferable, non-exclusive license to use the Platform for personal or professional purposes, in accordance with its intended use. The User is not entitled to sublicense, resell, redistribute, reproduce, or copy the Platform, in whole or in part, without Tendersight’s prior written consent.

5.1 PROHIBITION OF SUBLICENSING AND RESALE

Without Tendersight’s prior, express, and written consent, the Client is not entitled to sublicense, transfer, resell, lease, lend, or offer, on a white-label basis, in whole or in part, access to the Platform or the Services provided, to any third-party legal or natural persons.

The use of the Platform by third parties through the Client’s account is strictly prohibited, except for the Client’s employees, contractors, or direct representatives designated as Authorized Users.

The integration of the Platform or any part thereof (including APIs, interfaces, AI data, or functionalities) into other commercial products or services, whether distributed free of charge or for consideration, is prohibited without the Provider’s prior written consent.

Tendersight reserves the right to audit account usage in order to verify compliance with this clause and to immediately suspend access upon discovering any unauthorized use.

Any breach of this clause shall be deemed a material breach of the Contract and shall entitle Tendersight to:(i) immediate termination of the Contract without further notice; and(ii) the right to claim full compensation for any direct and indirect damages incurred.

6. FUNCTIONALITY UPDATES

Tendersight reserves the right to modify, add, remove, or suspend any functionality of the Platform without prior notice. This includes changes to the interface, algorithmic logic, data structures, as well as subscriptions or access levels.

7. ASSIGNMENT CLAUSE

The User may not assign, transfer, or delegate the rights and obligations arising from this Contract without Tendersight’s prior written consent. Tendersight may assign this Contract to any affiliate, associated company, or third party as a result of a reorganization, merger, or sale.

8. CONTRACT FORMATION AND ELECTRONIC ACCEPTANCE

8.1

The Contract shall be deemed concluded on the earliest of the following dates:(a) the date of signing the commercial offer;(b) the date on which the “Accept Terms” checkbox is selected within the interface;(c) the date of payment of the first invoice issued by the Provider.

8.2

The Client’s representative declares that they have the legal authority to enter into the Contract.

9. RIGHT OF WITHDRAWAL (FOR EU CONSUMERS)

Natural person users within the European Union benefit, pursuant to Directive 2011/83/EU, from a right of withdrawal from the contract within fourteen (14) calendar days from its conclusion. However, if the provision of digital services has already begun with the user’s explicit consent, this right shall be deemed forfeited, in accordance with Article 16(m) of the Directive.

10. ENTIRE AGREEMENT CLAUSE

This Contract constitutes the entire agreement between the parties and supersedes any prior agreement, whether oral or written. The parties confirm that they have not relied upon any statement, representation, or assurance not expressly included in this Contract. Any promotional materials, demos, emails, prior conversations, or sales materials are provided for informational purposes only and do not constitute contractual guarantees.

11. FEEDBACK AND BUG REPORTING CLAUSE

Any suggestions, ideas, feedback, or technical bug reports submitted by the User to Tendersight shall be deemed non-confidential information, and Tendersight shall hold full rights to use, publish, or implement such information without any obligation of compensation or attribution.

12. ARCHIVING AND AUDIT CLAUSE

The User agrees that Tendersight has the right to retain logs, copies, snapshots, and archives of interactions, access events, modifications, and actions performed within the Platform, for evidentiary, security, maintenance, tax compliance, and legal audit purposes. Such records may be disclosed to authorities upon lawful request.

13. DISCLAIMER OF WARRANTIES

Tendersight provides the Platform, its content, and related services on an “as is” and “as available” basis, without any express or implied warranties, representations, or assurances. To the maximum extent permitted by law, Tendersight expressly disclaims all warranties, including but not limited to:– implied warranties of merchantability;– fitness for a particular purpose;– non-infringement of third-party rights;– absence of errors, viruses, or service interruptions.

Tendersight does not warrant that its services will be secure, uninterrupted, error-free, free of technical defects, or that results obtained through the use of the Platform will be accurate, complete, or reliable. No oral or written advice or information shall create any warranty not expressly stated in these Terms.

14. USE OF ARTIFICIAL INTELLIGENCE (AI) ALGORITHMS

Proprietary algorithms. The Platform uses artificial intelligence models developed by Tendersight to classify tenders and generate recommendations.Transparency. Content marked “AI-generated” is produced automatically; by continuing to use the Platform, the Client confirms that it understands it is interacting with an AI system (Article 52 EU AI Act – transparency).Informational purpose only. Any analysis, filtering, score, text, notification, or suggestion provided by AI is indicative only and does NOT constitute legal or financial advice, nor any guarantee of success.Human oversight. The Client is responsible for critically assessing AI outputs and ensuring human intervention before making commercial or compliance decisions (Article 14 EU AI Act – human oversight).Technical limitations. Tendersight does not guarantee that AI outputs are exhaustive, error-free, or fit for a particular purpose. The model may contain biases, update lag, or inconsistencies with official data.Compliance. The Client undertakes to use the AI features in compliance with all applicable laws (public procurement, anti-corruption, data protection, the AI Act) and not to rely exclusively on AI outputs for critical decisions.Transparency and Right to Human Intervention. In accordance with obligations established by the EU Artificial Intelligence Regulation, Tendersight will visibly label automatically generated content within the Platform interface. The User has the right to: the Platform provides clear mechanisms for reviewing AI-generated content, as well as the ability to edit certain AI outputs where technically feasible. Automatically generated content is for informational purposes and does not constitute a professional or legal recommendation.be informed about the use of AI algorithms,contest the results provided,request human intervention or an alternative human review.The Client confirms that it does not rely on any statement or representation by Tendersight regarding the accuracy, usefulness, legality, or applicability of AI outputs or the information presented within the Platform. All information is provided “as is,” exclusively for informational purposes.The Client acknowledges and agrees that it uses any AI-generated output, analysis, or content at its own risk, and that such outputs may be incomplete, inaccurate, or irrelevant in a particular contractual or legal context. The Provider shall not be liable for any damages arising as a result of a commercial, legal, or administrative decision made exclusively on the basis of such outputs.

15. INDEMNIFICATION OBLIGATIONS

The User agrees to indemnify, defend, and hold harmless Tendersight, its affiliates, directors, employees, agents, and contractual partners against any and all claims, losses, damages, costs, expenses, or liabilities (including attorneys’ fees and court costs) arising from: – breach of these Terms and Conditions; – breach of any applicable law (including public procurement, data protection, unfair competition, and anti-corruption laws); – use of the Platform for illegal, harmful, or deceptive purposes; – misuse of the Platform’s AI functions. This indemnification obligation shall continue to apply after termination of the contractual relationship with Tendersight.Any dispute arising out of or in connection with this agreement that cannot be amicably settled shall be finally and bindingly resolved by arbitration administered by the International Court of Arbitration of the International Chamber of Commerce (ICC), in accordance with its rules. The seat of arbitration shall be Paris/London/New York, and the language of the proceedings shall be English. This clause shall survive termination of the Contract.

16. GOVERNING LAW AND JURISDICTION

This Contract is governed by the laws of the State of Delaware, United States of America, excluding conflict-of-laws rules. Any dispute arising from or related to these Terms shall be resolved exclusively by the competent courts of the State of Delaware, USA. Users residing outside the USA are required to comply with applicable local laws in force, and mandatory consumer protection provisions (where applicable) are not excluded by these Terms. In Romania, the provisions on consumer protection and liability in cases of fraud or gross negligence shall apply with priority where relevant.The parties expressly waive the right to initiate or continue any action before courts other than those in the State of Delaware, except where applicable law imposes another mandatory jurisdiction, such as in consumer protection matters.

17. NO GUARANTEE OF SUCCESS IN TENDERS

Tendersight does not guarantee or promise that use of the Platform will result in winning any public contract, selection in a procurement process, or obtaining a favorable outcome in a tender. The Platform is an informational and decision-support tool. Results generated by the search engine or AI algorithms do not constitute binding recommendations, commitments, or legal advice. The User is responsible for assessing the identified opportunities and for complying with the legal conditions applicable to each procedure.

18. LAWFUL USE AND COMPLIANCE

The User undertakes to use the Tendersight Platform only in accordance with applicable law, including (without limitation): – public procurement regulations; – tax and commercial laws; – personal data protection laws (GDPR); – rules on fair competition and anti-corruption; – legislation governing the use of artificial intelligence-based technologies. Tendersight reserves the right to immediately suspend or terminate access to user accounts that breach these obligations.

19. INTELLECTUAL PROPERTY

The content and design of www.tendersight.ai, including its design and user experience, as well as the databases accessible through it or via it, are the exclusive property of Tendersight and are protected under applicable Romanian copyright and related-rights legislation. Copyright in works uploaded by partner-users belongs to them, with Tendersight acting solely as a free hosting provider for such information. Responsibility for the content of the data made available to users by partner-users of Tendersight through the Platform rests with those partner-users.Tendersight continuously makes all reasonable efforts to identify and remove content that could infringe the intellectual property rights of other persons; however, given the large number of hosted files, it is impossible to carry out an individual and objective assessment of each item of content posted by registered partner-users. The purpose of the tendersight.ai platform is to continuously inform users in a correct manner and in compliance with legal requirements; therefore, if a user becomes aware in any way of any legal infringement, the user is requested to send an email to [email protected] indicating the rights infringed, to allow the Platform administrators to act in accordance with legal provisions, namely Article 14 of Law no. 365/2002, republished, on electronic commerce.Tendersight may at any time change the Platform content, the structure of the commercial offer, discontinue subscriptions, make changes to structure or accessibility, discontinue the provision of information on the site, and limit access for certain IPs without prior agreement and without prior notice.Access to the online content of the website www.tendersight.ai is provided on the basis of creating an account. Depending on the age of the account or existing campaigns, the account may be free or paid (based on a monthly or annual subscription). To subscribe to tendersight.ai alerts and notifications, and for certain sections of the Platform, authentication is required by entering a username and password. Tendersight reserves the right to amend the terms and conditions of use of the Platform at any time, with amendments being applicable as of their publication on the site. The information and documents published on tendersight.ai are taken from the official websites of the national and European authorities responsible for public procurement and are made available to tendersight.ai subscribers.Copying, reproducing, recompiling, decompiling, distributing, publishing, displaying, modifying, creating components or fully derivative products or services, as well as any other method of exploiting the content of the site, are prohibited, except for displaying on a personal computer screen and printing or downloading, for personal and non-commercial purposes, certain documents or information explicitly designated for this purpose, provided that all elements referring to intellectual property rights, other proprietary rights, and the conditions of use of those documents or information remain unaltered.The republication of information by publications or, as the case may be, websites may be carried out only in accordance with the terms agreed by the Romanian Press Club: “The free reuse of press materials may be made only within the limit of 500 characters, but without exceeding half of the article or news item in question, thereby ensuring both the free circulation of information and the ‘press review’ character supported by the relevant internet pages. In these cases, the source of the information must be cited. Reuse beyond the above may be carried out only under an agreement, financial or otherwise, concluded with the rights holder.” Websites that republish information from www.tendersight.ai shall cite the source with a link to the site as follows: at the end of the news item, after the last paragraph and outside it (or at the beginning of the news item, depending on the layout of the relevant websites), it shall be clearly stated: “source: tendersight.ai”, with an active link to www.tendersight.ai.Tendersight assumes no responsibility for the legality, accuracy, or compliance with intellectual property rights in relation to data or content provided by users or partners of the Platform. The Client warrants that it holds all rights in the uploaded content.

20. REGISTRATION – PLATFORM USE – NEWSLETTER UNSUBSCRIPTION

Access to and use of the Tendersight Platform, including any page or component section thereof, or any Service provided through the Platform, may be carried out only in accordance with these Terms and Conditions, which include the Data Privacy Policy and the Cookie Policy. In order to use the Services, we may request that the User expresses consent to these terms and conditions through a specific action signifying unambiguous consent (e.g., checking the box “I have read and agree to the Tendersight terms and conditions”).By checking a specific box, the User: expressly agrees to comply with all clauses in this set of terms and conditions, as well as any other specific terms and conditions applicable to the services; acknowledges the personal data processing conditions under the privacy policy, which forms an integral part of this set of terms and conditions. By registering an account, you agree that we may contact you for technical purposes at the email address provided, where applicable. Even if you omit to review the terms and conditions but use the Tendersight Platform, we will consider that you have accepted this set of Terms and Conditions (including any updates thereto).If you do not agree with the provisions of this set of Terms and Conditions (including any updates), please do not use, or as the case may be cease using, the Tendersight Platform and the Services offered. Access to the Newsletter/notifications/alerts service or other features within the Platform requires your registration with an email and a password.Users may unsubscribe when they no longer wish to receive the tendersight.ai newsletter, via the unsubscribe link contained in the email or according to the instructions within the Platform. Our recommendation is not to disclose this password to anyone. tendersight.ai never asks for your account password via SMS, email, or telephone.

21. USER ACCOUNT PROTECTION

Your access to the Tendersight Platform user account is protected by a password. We recommend that you do not disclose this password to anyone. Tendersight never requests your account passwords in unsolicited messages or calls. Moreover, we recommend that you log off/sign out at the end of each use session. We also advise you to close the browser window in which you worked at the end of your navigation on Tendersight.If you use the Platform, we recommend that you take additional protective measures to prevent unauthorized access to the mobile devices you use to access the Platform (e.g., setting a device password). These recommendations are intended to prevent unauthorized persons from accessing your personal information or correspondence. You are responsible for maintaining the confidentiality of your information and your Platform access password. You will be responsible for the use of your registration, whether such use occurs with or without your consent. You agree to notify Tendersight of any unauthorized use of your Platform registration data.

22. GDPR – DEFINITIONS / TERMS USED

Data subject’s consent – any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them;Electronic service – a service or resource offered via the Internet for the purpose of improving the communication process between users and Tendersight;Personal data – any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, mental, economic, cultural, or social identity;Processing of personal data – any operation or set of operations which is performed on personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure to third parties by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;Controller – any natural or legal person, private-law or public-law entity, including public authorities, institutions and their territorial structures, which determines the purposes and means of the processing of personal data; where the purposes and means of processing of personal data are determined by or pursuant to a legal act, the controller is the natural or legal person, public-law or private-law entity, designated as controller by or pursuant to that legal act;

23. GDPR – PERSONAL DATA – INFORMATION / APPLICABLE LEGISLATION

Tendersight respects your privacy and the integrity of the personal data you share with us when accessing the Platform, as well as in connection with the provision of our services on the Platform and outside it. This notice is intended to inform you what types of information qualified as personal are collected from you for the purpose of carrying out the contractual relationship between us, for what purpose and under what conditions we may use, in part or in whole, this information, how we intend to protect the information collected from you, who has access to the collected information, how inaccuracies in the information we process may be corrected over time, and the rights you have regarding withdrawing our access to such data (conditions, methods, and consequences of withdrawal).

This notice does not constitute legal advice, as regulated by Law no. 51/1995, as amended, regarding the practice of the legal profession. Tendersight hereby informs you about the processing of your personal data and the rights you have in accordance with REGULATION (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter “GDPR”), the applicable national personal data protection and security legislation in force (Law no. 190/2018 regarding measures for implementing Regulation (EU) 2016/679), and Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector.

Users’ rights: Pursuant to Law no. 190/2018, you benefit from the right of access to data, the right to intervene upon/rectify data, the right to erasure of data, the right not to be subject to an individual decision, the right to data portability, and the right to seek judicial remedies.

You also have the right to object to the processing of your personal data and to request the erasure of data. To exercise these rights, you may submit a written, dated, and signed request to tendersight.ai exclusively in digital format at: [email protected].

The purpose of collecting data is to enable you to have easy access to your account on the tendersight.ai website or to inform you about new news items concerning European funding. Furthermore, the data is collected for billing purposes and for relationships with Romanian tax authorities, upon their request.

What information we collect:Information provided directly by the User: when you create an account on the tendersight.ai Platform, we may ask for your name, your email address, your phone number, and we may request other personal information. The data may be corrected in the “My Account” section, accessible throughout the visit in the top-right corner of the portal.

This information submitted by you will not be shared with any third party.Information from the server traffic report: when you visit a website, you disclose certain information about yourself, such as your IP address, the time of your visit, the place from which you accessed our Platform, and the actions you took. Tendersight records this information for a determined period of time. We use external traffic analytics services, such as those provided by Google Analytics or HotJar. Tendersight uses such data only for the purpose of communicating anonymous, standardized user pattern templates to our advertising clients. We do not use traffic data to identify persons behind IP addresses.

Personal data and information of other Clients collected by Tendersight are used to complete registration (creation of an Account/License) and, at the same time, to ensure Clients’ access to the Tendersight Services. When you register on one of our websites, you are requested to provide information such as first name, last name, company name, email address, and credit card/payment information if a Client continues to use our Services after the free trial period. Except where the Client decides to use our Services after a free trial period, credit card/payment information is not required. We also collect other information (including Personal Data) provided by the Client during the use of our Services. Some information provided, such as an IP address, a domain, browser type, operating system type, etc., may be obtained automatically when a user visits our websites.

When accessing Tendersight, the Client may be requested to provide similar data accessible to that provided during registration on our website. Please note that, as you enter data (including Personal Data) into the system through the Service, you are fully responsible for the lawful obtaining of such data in accordance with applicable law, as well as for the lawful disclosure/processing of such data toward Tendersight.

How we protect the information collected from users: The confidentiality and protection of the information collected from you are of vital importance to us. Tendersight does not provide collected information to third parties without your prior express consent. Any statistics regarding our users’ traffic that we provide to third-party advertising networks or partner sites are provided only as aggregated data and do not include any personally identifiable information about any individual user. Your access to certain services and information within the Platform is protected by a password.

Upon receiving the information you submit, we guarantee that we will make all efforts to ensure its security in our systems, in accordance with the security standards imposed by applicable Romanian legislation in force.

Who has access to the information collected from users: Tendersight may disclose personally identifiable information where the law expressly provides for this, where requested by a competent authority, or where necessary to protect Tendersight’s rights and interests.

In conclusion, when you access the tendersight.ai website and you are requested to disclose information about yourself, you will disclose such information only to tendersight.ai, except where the respective service or information is offered in partnership with another site or service. Each time such a service is provided in partnership with another site, you will be informed accordingly. In order to provide services at the highest possible standards, it may be necessary to share your personal information with the co-partner site or service.

If you do not want your data to be shared, you may act accordingly by not allowing data transfer through non-use of that particular service. If you choose to accept data sharing, you must understand that the providers of the partnered service may have separate privacy and data collection practices. Tendersight has no control over and cannot guarantee all legal aspects implied by the use of such independent privacy practices.

Recipients of personal data: The personal data mentioned above may be made available to or transferred to third parties, as necessary, such as:Payment processors, banking service providers, potential partners and suppliers for event organization, loyalty campaigns or promotional offers, marketing, PR, advertising, advertising production, event organization agencies;Internet and telephony providers, IT and software systems, cloud and hosting, IT support, storage of documents and information, confidential waste disposal, platforms and/or providers for document and activity review or management, document processing and translation, secretarial services, audit, training;Our professional advisers, such as lawyers, valuers, tax consultants and accountants or other experts; HR and payroll companies and platforms, security companies and building management bodies, delegates, postal providers or couriers;Third-party service providers assisting us in operating and interpreting data obtained in online promotion campaigns or managing the newsletter service;Potential buyers of the business or parts of our business;Public or regulatory authorities, tax authorities.

Also, for the purposes of processing regulated above, we may provide your personal data to partner or affiliate companies, which will be subject to Tendersight’s instructions regarding the processing of your personal data. We may also process personal data for the establishment, exercise, or defense of a right in court within judicial proceedings, administrative proceedings, or other official proceedings in which Tendersight is involved. Please note that this list is not exhaustive and there may be other examples where we must share personal data with other parties in order to provide the services as efficiently as possible or to protect the rights, safety, and property of our company or the persons comprising it, employees, suppliers, or similar, to respond to complaints, or to prevent fraud and illegal activities.

Statements: The user, in turn, declares that they understand and accept these Terms and Conditions, which they have become aware of through the legal representative/project owner, and undertakes to inform any data subjects whom they involve in the performance of the Contract that Tendersight processes their data in accordance with this notice and its privacy policy.

Tendersight Inc., as a data controller or processor, may transfer the personal data of users from the European Union to its infrastructure in the United States of America, in accordance with applicable data protection legislation. Such transfers are carried out:a) either on the basis of Tendersight’s participation in the EU-U.S. Data Privacy Framework (where applicable),b) or on the basis of the Standard Contractual Clauses (SCCs) approved by the European Commission, supplemented with appropriate technical and organizational measures.Additional information on these measures and copies of the documentation may be requested at: [email protected].

Data Processing Agreement (DPA)To the extent the user acts as a personal data controller and Tendersight provides services involving the processing of such data on the user’s behalf, the parties shall enter into a separate data processing agreement in accordance with Article 28 of Regulation (EU) 2016/679 (GDPR). This agreement (DPA) sets out the parties’ rights and obligations regarding the security, confidentiality, and lawfulness of data processing.A copy of the DPA may be requested by email at: [email protected] or is made available in the user account under the Legal section.

23.1 SECURITY INCIDENTS AND NOTIFICATIONS

Tendersight undertakes to implement appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of the data processed through the Platform.In the event of a security incident that affects the Client’s personal data or the operation of the Platform in a significant manner, Tendersight undertakes:a) to notify the Client without undue delay, but no later than seventy-two (72) hours from becoming aware of the incident, in accordance with Article 33 of Regulation (EU) 2016/679 (GDPR);b) to provide relevant information regarding the nature of the incident, the categories of data affected, the measures adopted, and the potential impact;c) to cooperate with the Client in order to limit consequences, remedy the situation and—where applicable—notify the competent authorities or data subjects, in accordance with Article 34 GDPR.Tendersight shall keep a record of all relevant security incidents, accessible upon request by the competent supervisory authorities.This notification obligation also applies where Tendersight is notified of a security breach suffered by a third-party provider processing data on its behalf, and the incident affects the Client’s data.

23.2 RIGHT TO AUDIT AND SECURITY CERTIFICATIONS

Tendersight declares that it implements reasonable technical and organizational measures to protect personal data and the Platform infrastructure, including access control, encryption, logical segregation, and usage monitoring.Upon the Client’s express and justified request, submitted in writing at least fifteen (15) days in advance, Tendersight will make available to the Client the following:a) a description of the technical and organizational security measures applied;b) reports or certificates obtained following audits conducted by independent third parties (where applicable), such as ISO/IEC 27001, ISO/IEC 27701, SOC 2 Type I/II, or equivalent controls;c) internal policies regarding confidentiality, incident management, and access control;d) any documentation reasonably necessary to demonstrate compliance with GDPR obligations or contractual clauses on data protection.Requests for on-site or remote audits of Tendersight’s infrastructure will be accepted only:where required by law or by a competent regulatory authority,or in the event of a significant incident that affected exclusively the Client’s data,and only after signing a separate audit agreement, subject to confidentiality and the reasonable limitations imposed by Tendersight.Tendersight may reasonably refuse access to information that includes trade secrets, source code, identifying information of other clients, data about proprietary AI models, or protected strategic elements.

23.3 SUBPROCESSORS AND TRANSFERS TO THIRD PARTIES

For the performance of contractual obligations and the operation of the Platform, Tendersight uses authorized third-party providers (“Subprocessors”), who may process personal data on the Client’s behalf. These Subprocessors are carefully selected and are subject to contractual obligations equivalent to those assumed by Tendersight under this Agreement, in accordance with Article 28(2) and (4) of Regulation (EU) 2016/679 (GDPR).The current list of authorized Subprocessors includes, without limitation:Amazon Web Services, Inc. (AWS) – cloud hosting infrastructure and databases;Microsoft Azure / Microsoft Ireland Operations Ltd. – cloud infrastructure and additional data storage;Google LLC / Google Ireland Ltd. – email, internal documentation, collaboration and back-office;Stripe Payments Europe, Ltd. – online payment processing;Notion Labs, Inc. – internal documentation and team coordination;Hotjar Ltd. / Google Analytics – traffic and user behavior analytics, in anonymized form;Sentry / PostHog / Datadog – application monitoring, debugging and observability;Resend, Inc. – transactional email delivery and automated notifications;Mailgun Technologies, Inc. / Postmark – additional email delivery infrastructure;HubSpot, Inc. – customer relationship management (CRM) and commercial communications, in aggregated form.Tendersight will notify the Client at least fifteen (15) calendar days before adding or replacing a Subprocessor. Notification shall be made by email or by display within the Platform interface.The Client has the right to submit a justified objection, on grounds of legal compliance or security, within ten (10) calendar days from notification. Tendersight will review the objection and will endeavor, to the extent possible, to provide a reasonable alternative solution.In the absence of an objection within the stated period, the use of the Subprocessor shall be deemed accepted.To the extent permitted by law, Tendersight shall not be liable for errors, unavailability, or losses caused by authorized Subprocessors, provided they comply with the contractual obligations undertaken. Tendersight’s liability does not extend to deficiencies arising exclusively from the infrastructure or services provided by such third parties.

24. COOKIE POLICY

The purpose of tendersight.ai accessing data stored on your computer (cookies) is to personalize the displayed content—for example, retaining each user’s customized settings, authentication for comments, or creating user profiles (without identifying a particular user or IT device) for marketing purposes.The purpose of third-party advertising networks accessing data stored on your computer (cookies) is internet marketing—for example, displaying ads relevant to users and creating user profiles (without identifying a particular user or IT device) for marketing purposes.Other third parties, such as those collecting traffic data (e.g., SATI) or those belonging to social networks (e.g., Facebook) integrated into tendersight.ai pages, may use cookies for the purpose of collecting traffic information or, respectively, enabling content sharing with the specific social network. Users who do not want third parties to access data stored on their computer (cookies) may use their browser settings to delete or block them. To assist our users, we indicate how the top three browsers on the market allow this:Internet Explorer - https://support.microsoft.com/kb/278835/roMozilla Firefox - https://support.mozilla.org/ro/kb/cookie-urileGoogle Chrome - https://support.google.com/chrome/bin/answer.py

25. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Tendersight, its affiliates, directors, employees, agents, partners, suppliers, or consultants shall not be liable for any damages of any kind, whether direct or indirect, including, without limitation: loss of profit, loss of data, loss of business opportunities, loss of revenues, business interruption, additional costs of procuring alternative services or products, moral damages, or special, punitive, or consequential damages, arising out of or in connection with access to, use of, or inability to access or use the Platform, the Services, the content, or any automatically generated information (including by artificial intelligence algorithms), regardless of the legal basis invoked (contract, tort, statutory, etc.), even if Tendersight has been advised of the possibility of such damages. Tendersight does not warrant that the Platform or its content will operate without errors, interruptions, delays, or that it will be free of viruses, vulnerabilities, calculation errors, or interpretation errors.

Tendersight also does not guarantee the accuracy, completeness, or suitability of the results, recommendations, or information provided by its systems (including AI-based systems) in the context of participation in public tenders. Tendersight’s total aggregate liability to any user or third party for any claims, losses, damages, or expenses, regardless of their nature, shall in no event exceed the total amount paid by the relevant Client to Tendersight during the twelve (12) months preceding the event giving rise to the claim, regardless of the number of authorized users or individual accounts associated with such Client.

Tendersight assumes no contractual, tort, or statutory liability for the commercial, legal, or operational decisions taken by the Client exclusively on the basis of content generated by its artificial intelligence algorithms. These functionalities are purely informational, without any guarantees of accuracy or practical applicability, and the final responsibility for validating and applying AI results rests exclusively with the Client.

No provision of this Contract shall be interpreted as imposing on Tendersight any indemnification obligation or guarantee in the absence of its direct and proven fault. The limitation of liability also applies where a third party alleges damages resulting from the Client’s use, interpretation of, or lack of access to the Platform Services.

Applicable legal carve-outs: Certain jurisdictions (including Romania and the European Union) do not permit the exclusion of certain warranties or the limitation of liability for certain types of damages, such as those resulting from fraud, intent, or gross negligence. In such cases, this clause applies only to the extent permitted by applicable law. Nothing in these Terms excludes or limits Tendersight’s liability where such exclusion would be deemed illegal or unenforceable by a competent court. The User agrees that use of the Platform is at their own risk, that they are responsible for the proper assessment of the information received, and that Tendersight does not assume any contractual obligation of result, but only an obligation to use reasonable technical means.

The parties agree that all communications regarding this Contract shall be made to the following addresses:For the User – to the email address provided through the Platform;For Tendersight – to the following email address: [email protected]

This limitation of liability applies regardless of the legal basis of the claim (contract, tort, statutory, or otherwise), even if Tendersight was previously notified of the possibility of damages. Tendersight’s liability is cumulatively limited across all legal grounds invoked, and compensatory amounts may not be added to or overlap one another.

Any claim against Tendersight must be brought within a maximum of twelve (12) months from the occurrence of the event giving rise to the claim, under penalty of forfeiture.

26. UPDATES

Tendersight reserves the right to modify and update at any time the content of this website, as well as the Terms and Conditions of use, without prior notice. Therefore, users are requested to visit this page periodically to verify the applicable conditions. By continuing to use the Platform after the date the changes are displayed, the Client implicitly accepts the new version of the Terms.

27. RIGHT TO USE THE CLIENT’S LOGO FOR REFERENCE AND MARKETING PURPOSES

By creating an account on the Tendersight Platform, the Client gives its express and unequivocal consent for the Provider to use the Client company’s name and logo for commercial reference, marketing, and promotional purposes, including, without limitation, display on the website’s main page (landing page), in commercial presentations, advertising materials, case studies, and other external communications.

Such use does not grant the Provider any intellectual property rights in the Client’s trademark and is made strictly for the purpose of indicating that the respective Client uses Tendersight’s services. If the Client wishes to revoke this consent, it may send a written request at any time to: [email protected], and the Provider shall comply with the request within a maximum of ten (10) business days of receipt.

28. REPRESENTATIONS AND WARRANTIES

The User warrants that they have the legal right and capacity to enter into the agreement; that they will provide true and accurate information at all times and will not provide false information when using the services; that they will use the services only for lawful purposes and in accordance with the agreement; and that they will comply at all times with all applicable laws, rules, and regulations, including, without limitation, data protection laws. In the event of a breach of any of the above warranties, in addition to any other remedies available by law, Tendersight shall have the right, immediately following prior written notice, to suspend or terminate the Contract and the use of the services.

29. PLATFORM MAINTENANCE

Tendersight shall use reasonable efforts to ensure that Platform maintenance, which may require interruption of the User’s access to the Services or any material part thereof (“Maintenance Events”), will not last more than one (1) hour, provided that Tendersight may interrupt access to the Services at any time to perform essential emergency maintenance. Maintenance includes all regularly scheduled bug fixes, software updates, and feature improvements. Tendersight shall maintain and update the Platform. If the User discovers that the Services contain an error, the User may report it at any time by contacting our support service at: [email protected]. During maintenance periods, Tendersight may update versions, install bug fixes, and apply patches to the Services or any part thereof. Tendersight shall use all reasonable efforts to avoid unplanned downtime for software maintenance.

29.1 MINIMUM AVAILABILITY LEVEL (SLA)

Tendersight undertakes to ensure an operational availability of the Platform of at least 99% during each calendar month, excluding periods of planned maintenance or force majeure, as defined in this agreement.

“Operational availability” means the ability of Authorized Users to access and properly use the essential functionalities of the Platform, namely: authentication, access to tenders, queries, notifications, and algorithmic reports, provided that any interruptions are not caused by the Client’s own equipment or networks.

Planned maintenance periods, notified at least twenty-four (24) hours in advance, and interruptions caused by external events not attributable to the Provider (including third-party network outages, partner infrastructure, or external cyberattacks on public networks) are excluded from the availability calculation.

If the monthly availability level falls below 99.5%, the Client shall be entitled to request a proportional service credit (“Service Credit”) based on the total cumulative downtime, capped at 10% of the net monthly invoice value for the affected month. This credit is non-refundable and may be used only to offset future invoices issued by Tendersight.

To benefit from this credit, the Client must submit a justified request to [email protected] within a maximum of fifteen (15) calendar days from the end of the month for which the SLA non-compliance is alleged. Requests submitted after this deadline will not be considered.

This clause constitutes the Client’s sole and exclusive remedy for failure to meet availability obligations and does not give rise to any other compensation obligations, direct or indirect, on the part of Tendersight.

29.2 TECHNICAL SUPPORT AND RESPONSE TIMES

Tendersight provides technical support for the operation of the Platform and remediation of potential technical errors through the official contact channels: [email protected] or the dedicated interface within the user account.

The estimated average response time for requests submitted by the Client is forty-eight (48) business hours, calculated from the moment receipt of the request is acknowledged. This estimate is valid for standard accounts. Tendersight does not guarantee full resolution within this time frame, but only the initiation of the technical analysis process.

For clients benefiting from dedicated commercial plans (e.g., Enterprise, Corporate, or a customized SLA), Tendersight may offer higher support levels based on a separate agreement. These may include priority response times, dedicated points of contact, fast channels (e.g., private Slack or phone), as well as access to the feature roadmap or technical consulting sessions.

All requests will be internally classified based on severity:

• Critical Priority (P1) – total blockage of access to the Platform;
• Major Priority (P2) – essential functionalities degraded or producing erroneous results;
• Medium Priority (P3) – non-blocking errors or secondary functionalities affected;
• Low Priority (P4) – suggestions, improvements, general feedback.

Tendersight reserves the right to categorize incoming requests within these categories and to prioritize them based on impact on all Platform users.

30. ACCESS TO TENDERSIGHT SERVICES

Access to certain Services provided by Tendersight is permitted only after purchasing a subscription or a credit package, according to the fees displayed in the Platform interface. Payments are processed electronically through the Stripe processor using accepted payment methods (bank card, Apple Pay, etc.). The tax invoice is issued automatically after transaction confirmation and sent by email.

Tendersight reserves the right to suspend access to the Services where payment is refused, reversed, or unsuccessful, without any prior notice obligation. Amounts already paid are non-refundable, except where expressly required by law. Access is activated automatically upon payment confirmation via Stripe.

The Tendersight Platform may be used by certain business partners as a basis for selling or promoting products and services. In such case, the contract between you and the relevant products/services provider will be concluded between you and that provider, and not between you and Tendersight. Where you wish to cease the provision of the service to you, you understand and agree that payments already made are not and will not be refunded. After the expiry of the agreed payment term for a pro forma invoice, as stated in that invoice, Tendersight is entitled to restrict access until payment is made. Late payment may give rise to late-payment penalties in the amount of 0.1% per day of delay, calculated until full payment of the amount due.

Tendersight reserves the right to immediately suspend user accounts involving unauthorized or abusive behavior, including: content scraping, brute-force attacks, automated use (bots), interference with AI systems, unauthorized manipulation of the interface, or attempts to compromise infrastructure security.

Use of the Platform for competitive analysis, reverse engineering, development of competing products, or benchmarking is prohibited, except where there is a prior written agreement with Tendersight.

30.1 PROHIBITED USE AND BENCHMARKING

It is strictly prohibited to use the Tendersight Platform, directly or indirectly, for the purpose of:a) competitive analysis or reproduction of its functionalities (reverse engineering, design copying, logical or architectural replication),b) public or commercial benchmarking of results generated by the integrated AI algorithms,c) developing competing products or services using access to the interface, functionalities, or output data generated by the Platform,d) evaluating the performance of Tendersight’s AI systems in isolation, without the Provider’s prior written consent.

The Client is also prohibited from using the Platform for automated testing purposes (web scraping, crawling, mass data extraction), except to the extent such use has been expressly approved in writing by Tendersight.

Any breach of this clause entitles Tendersight to immediately suspend access to the relevant account and to claim compensation for the damage caused, including reputational or contractual damages, without prior notice.

This clause remains applicable after termination of the Contract for a period of twenty-four (24) months where the breach has ongoing or potential commercial effects.

31. DIFFERENTIATED PRICING POLICY AND COMMERCIAL EXPERIMENTS

Tendersight reserves the right to apply differentiated commercial and pricing policies for different clients or client categories, even simultaneously, without any obligation to notify users in advance or to maintain uniform displayed prices.

Applicable prices and commercial terms may vary based on objective factors, including, without limitation:A/B testing and other forms of commercial testing;the Client profile (e.g., company size, industry, jurisdiction);the time of registration or usage behavior;participation in promotional campaigns, pilot offers, or temporarily applied discounts.

The purpose of these variations is to continuously improve the services offered, validate market hypotheses, and personalize the user experience within the Platform.

Each Client understands and accepts that the applicable price and commercial terms are those explicitly communicated in the offer addressed to that Client or displayed in the account at the time of purchase, without the possibility of invoking commercial treatments applied to other clients or plans.

This practice does not contravene Article 101 of the Treaty on the Functioning of the European Union (TFEU), as the differentiated pricing policy is unilateral, transparent, economically justified, and does not result from an agreement or concerted practice with other market entities. No provision of these Terms shall be interpreted as implying anti-competitive conduct prohibited by EU or national competition law.

32. CONFIDENTIALITY

Neither Tendersight nor the User shall use or disclose to third parties, either during the term of the Contract or after its expiration, any confidential information that one party has received from the other.

“Confidential information” means any information, technical, commercial, or otherwise, in written, oral, or electronic form, except for information that is publicly known or has become publicly known by any means other than a breach of this clause, or that: was independently developed without access to the other party’s confidential information; was lawfully received from a third party; or must be disclosed pursuant to legal requirements or at the request of a governmental authority.

If you are provided with a login email address, a phone number, a password, or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If the User is notified by a third party that such third party claims rights over the services provided by the Tendersight Platform or that use of the services infringes such third party’s rights, the User agrees to immediately notify Tendersight and, at Tendersight’s request, to immediately cease using the Services.

The User confirms that it does not rely on any representation, promise, or estimate provided by Tendersight other than those expressly set forth in this agreement. Tendersight shall not be liable for the Client’s assumptions or subjective interpretations regarding the performance or results of the Platform.

33. GROUNDS FOR EXEMPTION FROM LIABILITY

Force majeure and fortuitous event (Article 1351 Civil Code)(1) Unless the law provides otherwise or the parties agree otherwise, liability is excluded when the damage is caused by force majeure or a fortuitous event.(2) Force majeure is any external event that is unforeseeable, absolutely invincible, and unavoidable.(3) A fortuitous event is an event that cannot be foreseen or prevented by the person who would have been liable had the event not occurred.(4) If, pursuant to the law, the debtor is exempt from contractual liability for a fortuitous event, they are also exempt in the event of force majeure.

34. DISCLAIMER OF WARRANTIES

The Platform and all services offered by Tendersight are provided “as is” and “as available,” without any express or implied warranty. To the extent permitted by law, Tendersight expressly disclaims all warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Tendersight does not warrant that the Platform will be continuously available, error-free, or uninterrupted, and provides no warranty regarding the accuracy, completeness, timeliness, or reliability of the content provided.

35. TERMINATION

Without prejudice to the rest of the agreement or any legal provisions, Tendersight may immediately suspend or terminate the User’s use of the Services, without liability or penalties, if: any payment owed by the User to Tendersight is refused, rejected, or reversed for any reason during the subscription period; the User breaches any of the terms of the agreement; the User undertakes scraping actions or uses automated systems to extract data from the Platform; the User’s behavior is dubious or unlikely to be human (as determined by traffic analysis tools); Any party has the right to terminate the agreement with immediate effect by written notice to the other party in the following situations: where the other party breaches any of its obligations under the agreement and such breach is not capable of remedy; where the other party commits a significant breach of any of its obligations under the agreement and does not remedy it within thirty (30) days of receiving a notice from the other party stating that failure to remedy may lead to termination; if Tendersight loses the right to distribute any data or software to third parties or to provide the services as contemplated in the agreement. Termination of the Contract due exclusively to Tendersight’s fault entitles the User to reimbursement of prepaid amounts for which services were not provided. Termination of the Contract (in whole or in part) shall not affect rights and obligations that have already become due.

Termination of this Contract, regardless of the reason, shall not affect the following obligations of the parties, which shall remain applicable for an indefinite period or for the legally required durations:the Confidentiality clause;the Limitation of liability;Indemnities and exemptions from liability;Intellectual property;the Dispute resolution and arbitration clause;Obligations regarding data processing and retention (where applicable).

35.1 DATA EXPORT UPON TERMINATION

Upon termination of the Contract, for any reason, the Client has the right to request the provision of a complete export of its own data uploaded, collected, or processed through the Platform, in a standard, structured, and interoperable format (CSV or JSON).

Such request must be submitted in writing to [email protected] within fifteen (15) calendar days from the termination date. After this deadline, Tendersight reserves the right to permanently delete the Client’s data, except where a legal obligation requires its retention (e.g., tax obligations or statutory archiving).

The data will be provided exclusively with respect to:data entered by the Client (inputs, files, customized tender data);data processed through interaction with the Platform (usage logs, filters, scores);automatically generated data that can be clearly attributed to the Client’s account, where technically feasible and legally permitted.

Tendersight has no obligation to export AI-generated algorithmic content, intermediate classification results, or anonymized/statistical data obtained from aggregated analysis of all users.

The export is provided free of charge once; additional requests or customized formats may be subject to reasonable costs, communicated to the Client in advance. The export does not include delivery of source code, AI models, algorithms, or proprietary elements of the Platform.

36. COMPLIANCE WITH EXPORT CONTROLS AND SANCTIONS REGIMES

The Client confirms that it is not subject to international economic sanctions imposed by U.S. (OFAC), EU, or UN authorities and that it will not use the Tendersight Platform to provide the Services for the benefit of entities or persons subject to restrictions. The Provider reserves the right to immediately suspend access in the event of breach of these obligations.

37. PREVAILING ENGLISH VERSION

If Tendersight also makes available a translation of this document into other languages, the Client understands that the English-language version shall prevail in the event of divergent interpretations or inconsistencies.