Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern your use of the TenderSmith platform operated by TenderSmith (Pty) Ltd, a company registered in South Africa. By creating an account or using the service, you agree to be bound by these Terms.

2. Service Description

TenderSmith is an AI-powered platform that assists South African construction contractors in preparing tender submission documents. The service includes document generation, compliance checklists, graduation tracking, and intelligence briefs.

Important: All documents generated by TenderSmith are AI-assisted drafts. They are not legal, financial, or professional advice. You are solely responsible for reviewing, verifying, and approving all generated content before submission to any tender authority. TenderSmith does not guarantee that any tender submission will be successful.

3. Eligibility

TenderSmith is designed for South African construction contractors registered with the CIDB. You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the company you represent.

4. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must provide accurate and complete information during registration and keep it up to date. You must notify us immediately of any unauthorised access to your account.

5. Subscription Plans and Payment

TenderSmith offers free and paid subscription plans. All prices are in South African Rand (ZAR), excluding VAT at 15%. Paid plans are billed monthly through Stripe. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. Refunds are not provided for partial months.

Single document purchases are one-time payments. The document is unlocked permanently once paid for. Plan upgrades are prorated for the remaining billing period.

6. Acceptable Use

You agree not to:

Use the service for any unlawful purpose or to generate fraudulent tender documents. Misrepresent information in tender submissions generated through the platform. Share your account credentials with unauthorised users. Attempt to reverse engineer, decompile, or extract the underlying AI models or algorithms. Use the service to compete with TenderSmith commercially. Upload malicious files or attempt to compromise the platform's security.

7. Intellectual Property

You retain ownership of all documents, data, and content you upload to TenderSmith. Documents generated by the platform are owned by you. TenderSmith retains all rights to the platform, its technology, branding, and AI models.

8. AI-Generated Content Disclaimer

TenderSmith uses artificial intelligence to generate tender documents and intelligence briefs. While we strive for accuracy, AI-generated content may contain errors, omissions, or inaccuracies. You acknowledge that:

Generated documents are drafts requiring human review. Compliance checklists are guidance tools, not legal advice. Intelligence briefs are based on available data and may not reflect current evaluator preferences. Graduation tracking provides estimates, not guaranteed outcomes. TenderSmith does not guarantee any tender will be won as a result of using the service.

9. Limitation of Liability

To the maximum extent permitted by South African law, TenderSmith shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service, including but not limited to lost profits, lost tenders, or business interruption.

Our total liability for any claim arising from or related to the service shall not exceed the amount you paid to TenderSmith in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold TenderSmith harmless from any claims, damages, or expenses arising from your use of the service, your violation of these Terms, or any inaccurate information in your tender submissions.

11. Service Availability

We aim to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance, updates, or modifications to the service with reasonable notice. We reserve the right to suspend or terminate accounts that violate these Terms.

12. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of Gauteng, South Africa.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 14 days before taking effect. Continued use after changes constitutes acceptance of the updated Terms.