Terms of Service

These Terms of Service ("Terms") govern your access to and use of the BidThinker platform operated by VANGOV (Pty) Ltd ("VANGOV", "we", "us", or "our"). By accessing or using BidThinker, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

1. Definitions

• "Platform" means the BidThinker web application and all associated services
• "User" means any individual or entity that creates an account on the Platform
• "Content" means any data, documents, reports, or information uploaded to or generated by the Platform
• "Tender Data" means PDF documents and extracted financial information processed through the Platform
• "Subscription" means a paid plan granting access to the Platform for a recurring billing period

2. Account Registration

• You must provide accurate, complete, and current registration information
• You are responsible for safeguarding your password and for all activities that occur under your account
• You must notify us immediately of any unauthorised account access at support@vangov.com
• Accounts are created by invitation or by organisational administrators — self-registration may be restricted
• Each account is for a single named individual; sharing login credentials is not permitted

3. Acceptable Use

You agree to use BidThinker only for lawful purposes and in accordance with these Terms. You shall not:

• Upload any content that is unlawful, fraudulent, or infringes third-party rights
• Attempt to gain unauthorised access to the Platform or its systems
• Use the Platform to process documents for which you do not have authorisation
• Reverse-engineer, decompile, or disassemble any part of the Platform
• Use automated tools to scrape, crawl, or extract data from the Platform without prior written consent
• Share account credentials with unauthorised individuals
• Use the Platform in any manner that could damage, disable, or impair its operation

4. Intellectual Property

4.1 Our Property

The Platform, including its design, code, algorithms, and branding, is the intellectual property of VANGOV (Pty) Ltd. All rights not expressly granted are reserved.

4.2 Your Content

You retain ownership of all Tender Data and Content you upload to BidThinker. By uploading Content, you grant us a limited, non-exclusive, royalty-free licence to process, store, and analyse it solely for the purpose of providing our services to you. This licence terminates upon account deletion.

5. AI-Generated Analysis

BidThinker uses artificial intelligence to analyse tender documents. You acknowledge that:

• AI-generated analysis is provided as a decision-support tool, not as a substitute for professional judgement
• Results should be reviewed and validated by qualified professionals before reliance
• We do not guarantee the accuracy, completeness, or reliability of AI-generated outputs
• Final adjudication decisions remain the sole responsibility of the User

6. Billing and Payment

6.1 Subscription Plans

BidThinker is offered on a subscription basis. Subscription fees are billed in advance on a monthly or annual cycle, as selected at the time of purchase. All fees are quoted in South African Rand (ZAR) unless otherwise stated and are exclusive of applicable taxes (including VAT).

6.2 Payment

You authorise us (or our payment processor) to charge your nominated payment method on each billing date. If a payment fails, we will attempt to notify you and may retry the charge. Access to the Platform may be restricted if payment remains outstanding for more than 7 days after the due date.

6.3 Cancellation

You may cancel your Subscription at any time. Cancellation takes effect at the end of the current billing period — you will retain full access until that date. We do not charge cancellation fees.

6.4 Refund Policy

All Subscription fees are non-refundable except where required by applicable law. If you believe you have been charged in error, contact us at billing@vangov.com within 14 days of the charge and we will investigate. We reserve the right to offer discretionary refunds or credits at our sole discretion.

6.5 Price Changes

We reserve the right to change Subscription pricing. You will receive at least 30 days' written notice before any price increase takes effect. Continued use of the Platform after the effective date constitutes acceptance of the new pricing. If you do not accept the change, you may cancel your Subscription before the new pricing takes effect.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• BidThinker is provided "as is" and "as available" without warranties of any kind, express or implied
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total aggregate liability shall not exceed the total amount paid by you for the Platform in the twelve (12) months preceding the claim
• We are not liable for any damages arising from reliance on AI-generated analysis results
• We are not liable for losses caused by events outside our reasonable control (including force majeure, third-party service outages, or network failures)

8. Data Processing

By using BidThinker, you consent to the processing of uploaded documents through third-party services (specifically Microsoft Azure AI Document Intelligence) as described in our Privacy Policy. You warrant that you have the authority to submit any documents uploaded to the Platform for processing and that doing so does not violate any applicable law or third-party rights.

9. Service Availability

• We aim for high availability but do not guarantee uninterrupted access to the Platform
• We may perform scheduled maintenance with reasonable prior notice where practicable
• We reserve the right to modify, suspend, or discontinue any feature or the Platform as a whole, with reasonable notice where possible
• Planned downtime will not entitle you to a pro-rata refund unless it materially affects your ability to use the Platform for an extended period

10. Termination and Suspension

• You may terminate your account at any time by contacting us at support@vangov.com
• We may suspend or terminate accounts that violate these Terms, with or without prior notice depending on the severity of the breach
• We may suspend access for non-payment after the grace period set out in Section 6.2
• Upon termination, you may request an export of your data within 30 days
• After the 30-day period, your data will be deleted in accordance with our Data Retention Policy
• Provisions that by their nature should survive termination (including Sections 4, 7, and 11) will remain in force

11. Indemnification

You agree to indemnify, defend, and hold harmless VANGOV (Pty) Ltd and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including legal fees) arising out of your use of the Platform, your violation of these Terms, or your infringement of any third-party rights.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa. We will endeavour to resolve any dispute informally in the first instance — please contact us at legal@vangov.com. If a dispute cannot be resolved informally within 30 days, it shall be referred to mediation or arbitration before litigation is pursued. Nothing in this clause limits either party's right to seek urgent injunctive or interim relief from any competent court.

13. Changes to Terms

We reserve the right to update these Terms at any time. Material changes will be communicated via email to your registered address or via an in-app notification at least 14 days before they take effect. Continued use of the Platform after changes become effective constitutes your acceptance of the updated Terms. If you do not accept the changes, you may cancel your Subscription before the effective date.

14. Contact Us

For questions about these Terms, billing enquiries, or legal notices, please contact:

• General / Legal: legal@vangov.com
• Billing: billing@vangov.com
• Support: support@vangov.com
• Company: VANGOV (Pty) Ltd
• Country: South Africa