Terms of Service

1. Operator Identification

TenderPulse is operated by Nick Verbeke, acting as a sole proprietor (eenmanszaak) under Belgian law.

Registered address: [ADDRESS — to be completed upon KBO registration] Enterprise number (KBO/BCE): [TO BE COMPLETED] VAT number: [TO BE COMPLETED] Email: legal@tenderpulse.io

In these Terms, "TenderPulse", "we", "us", and "our" refer to the operator identified above.

2. Acceptance of Terms & Professional Use

By creating an account or using TenderPulse ("the Service"), you confirm that:

(a) You are acting in a professional or business capacity. The Service is designed for businesses, procurement professionals, and organizations involved in public procurement. It is not intended for personal consumer use.

(b) You have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and our Cookie Policy.

(c) You have the legal authority to enter into these Terms on behalf of yourself or the organization you represent.

(d) You are at least 18 years old.

If you do not agree to these Terms, you must not use the Service.

To the extent that mandatory consumer protection rules under Belgian or EU law apply to you notwithstanding the professional nature of the Service, those mandatory rules shall prevail over any conflicting provision in these Terms.

3. Service Description

TenderPulse is a procurement intelligence platform that aggregates publicly available tender data from official EU, Belgian, Dutch, German, and French procurement portals (TED, BOSA, TenderNed, BKMS, BOAMP). The Service provides tender monitoring, alert notifications, pipeline management, competitor tracking, and AI-powered tender analysis.

The Service is provided as an informational tool only. It is not a substitute for consulting official procurement portals directly. You remain solely responsible for all procurement decisions, bid submissions, and compliance with applicable procurement rules.

Tender data is sourced from publicly available government portals and processed automatically. We do not independently verify, validate, or guarantee the completeness, accuracy, timeliness, or fitness for purpose of any third-party data displayed through the Service.

4. Data Sources & Coverage

TenderPulse aggregates procurement data from the following official government sources:

TED (Tenders Electronic Daily) — EU-wide procurement notices above EU thresholds.

BOSA — Belgian national e-Procurement portal for sub-threshold contracts.

TenderNed — Dutch national procurement portal.

BKMS — German national procurement via oeffentlichevergabe.de.

BOAMP — French national procurement gazette (Bulletin Officiel des Annonces des Marchés Publics). Covers formal procurement procedures published in BOAMP, typically for contracts valued at €90,000 and above. Does not include MAPA (Marchés à Procédure Adaptée) adapted procedures, which are simplified contracts typically below €90,000 where publication on BOAMP is optional and at the discretion of the contracting authority.

This list may be updated as additional sources are integrated. TenderPulse does not claim to provide exhaustive coverage of all public procurement notices in any jurisdiction. Data synchronization occurs on a daily schedule and is subject to delays, errors, or interruptions at the source portals. Users are advised to consult official procurement portals directly for authoritative and complete information.

TenderPulse shall not be held liable for missed procurement opportunities, incorrect data, delayed notifications, or any decision made in reliance on data provided through the Service.

5. Account Registration

You must provide a valid email address and verify it to access protected features.

You are responsible for maintaining the confidentiality and security of your account credentials. Any activity that occurs under your account is your responsibility.

You must not share your account credentials or allow unauthorized third parties to access your account.

You must notify us immediately at legal@tenderpulse.io if you suspect unauthorized access to your account.

One person or organization may not maintain more than one free account. We reserve the right to merge or terminate duplicate accounts without notice.

6. Subscription Plans & Payment

Free accounts have limited access to features as described on our pricing page.

Paid subscriptions (Basic, Pro, Enterprise) are billed monthly in advance. All prices are in euros and exclude VAT unless otherwise stated. You are responsible for any applicable taxes.

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a billing period.

We reserve the right to change pricing with 30 days' written notice to active subscribers. If you do not agree to the new pricing, you may cancel before it takes effect.

Right of Withdrawal: If you are a consumer under EU law and purchase a subscription, you have a 14-day right of withdrawal from the date of purchase, provided you have not yet actively used the paid features of the Service during that period. By actively using paid features within the 14-day period, you expressly consent to the immediate provision of the Service and acknowledge that you thereby waive your right of withdrawal. To exercise your right of withdrawal, contact us at legal@tenderpulse.io.

For professional/business users (the primary audience of this Service), the right of withdrawal under the Consumer Rights Directive does not apply.

7. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.

Attempt to gain unauthorized access to the Service, other user accounts, or our systems and infrastructure.

Scrape, crawl, or use automated means to extract data from the Service beyond the provided API or beyond the scope of your subscription.

Resell, redistribute, sublicense, or commercially exploit access to the Service or its data without our prior written consent.

Upload malicious files, viruses, or content designed to disrupt or damage the Service or its users.

Interfere with, overload, or attempt to compromise our infrastructure (e.g., denial-of-service attacks).

Use AI-generated outputs from the Service to train competing machine learning models or services.

Misrepresent your identity or affiliation when creating an account.

Violation of these rules may result in immediate suspension or termination of your account without prior notice and without refund.

8. Intellectual Property

The Service, including its design, user interface, source code, algorithms, branding, logos, and documentation, is the intellectual property of TenderPulse and is protected by applicable copyright, trademark, and other intellectual property laws. All rights not expressly granted herein are reserved.

Tender data sourced from public government portals remains in the public domain. However, the specific compilation, organization, indexing, and presentation of such data within the Service constitutes our intellectual property.

Content you create within the Service (filters, notes, assessments, uploaded documents) remains yours. By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to store, process, and display your content solely as necessary to operate and provide the Service to you. This license terminates when you delete your content or your account.

You may not copy, modify, distribute, sell, or create derivative works based on the Service or any part thereof without our prior written consent.

9. AI Features & Disclaimer

TenderPulse offers AI-powered analysis features including tender summarization, document analysis, bid/no-bid assessment support, bid draft generation, and conversational chat. These features use third-party large language models (currently Google Gemini).

AI outputs are generated automatically and are provided strictly for informational and reference purposes. They do not constitute and shall not be construed as legal, financial, procurement, or professional advice of any kind.

AI outputs may contain errors, inaccuracies, hallucinations, or omissions. You are solely responsible for independently verifying all AI-generated content before relying on it or acting upon it. TenderPulse makes no representation or warranty regarding the accuracy, completeness, reliability, or suitability of AI-generated content for any particular purpose.

TenderPulse shall not be liable for any loss, damage, or harm arising from your reliance on AI-generated outputs, including but not limited to incorrect bid assessments, erroneous tender summaries, or flawed bid draft suggestions.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENDERPULSE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

(a) Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

(b) Any warranty that the Service will be uninterrupted, timely, secure, or error-free.

(c) Any warranty regarding the accuracy, completeness, reliability, or timeliness of tender data, AI outputs, or any other content provided through the Service.

(d) Any warranty that the Service will meet your specific requirements or expectations.

You acknowledge that you use the Service at your own risk and that you are solely responsible for any decisions made based on information obtained through the Service.

Nothing in this section excludes warranties that cannot be excluded under mandatory Belgian or EU law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) TenderPulse, its operator, and its affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of or inability to use the Service, however caused, regardless of the theory of liability (contract, tort, strict liability, or otherwise), including but not limited to:

— Loss of profits, revenue, business opportunities, or anticipated savings — Loss of data or data corruption — Missed procurement opportunities or tender deadlines — Costs of procuring substitute services — Loss of goodwill or reputation — Any decision made in reliance on data or AI outputs provided through the Service

(b) Our total aggregate liability for all claims arising from or related to these Terms or your use of the Service shall not exceed the lesser of: (i) the total amount you have actually paid to us in the six (6) months immediately preceding the event giving rise to the claim, or (ii) one hundred euros (€100).

(c) These limitations apply even if we have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

(d) Nothing in these Terms shall limit or exclude liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any other liability that cannot be limited or excluded under mandatory Belgian or EU law.

12. Indemnification

You agree to indemnify, defend, and hold harmless TenderPulse and its operator from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from or related to:

(a) Your use of or access to the Service.

(b) Your violation of these Terms or any applicable law or regulation.

(c) Your violation of any third-party right, including intellectual property, privacy, or contractual rights.

(d) Any content you upload, submit, or transmit through the Service.

(e) Any procurement decision, bid submission, or business action you take based on information obtained through the Service.

This indemnification obligation survives the termination of your account and these Terms.

13. Service Availability & Force Majeure

We strive for high availability but do not guarantee uninterrupted, continuous, or secure access to the Service. The Service may be temporarily unavailable due to scheduled maintenance (for which we will provide reasonable advance notice where practicable), system updates, or technical issues.

TenderPulse shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control ("Force Majeure"), including but not limited to:

— Acts of God, natural disasters, pandemics, or epidemics — War, terrorism, civil unrest, or government actions — Power outages, internet or telecommunications failures — Failures or outages of third-party services, hosting providers, or data sources (including TED, BOSA, TenderNed, BKMS, and BOAMP) — Cyberattacks, distributed denial-of-service attacks, or security incidents — Changes in applicable laws or regulations

In the event of a Force Majeure event lasting more than thirty (30) consecutive days, either party may terminate these Terms upon written notice without liability.

14. Termination

Termination by You: You may delete your account at any time from the Settings page or by contacting us at legal@tenderpulse.io. If you have an active paid subscription, cancellation of the subscription must be done separately.

Termination by Us: We may suspend or terminate your account immediately and without prior notice if:

(a) You violate these Terms, including the Acceptable Use provisions. (b) We are required to do so by law or a lawful order. (c) Your account has been inactive for more than twelve (12) consecutive months. (d) We reasonably believe your account has been compromised.

We may also discontinue the Service entirely with at least thirty (30) days' written notice to active users.

Effect of Termination: Upon termination, your right to access and use the Service ceases immediately. Your data will be deleted within thirty (30) days in accordance with our Privacy Policy, except where retention is required by law. No refund shall be due for any unused portion of a prepaid subscription period, except where required by mandatory law.

Survival: Sections 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 17 (Governing Law), and any other provisions that by their nature should survive, shall survive termination of these Terms.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify active users of material changes via email at least thirty (30) days before they take effect. The updated Terms will also be posted on our website with the revised "Last updated" date.

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and delete your account before the changes take effect.

Non-material changes (such as typographical corrections or clarifications that do not affect your rights) may be made without prior notice.

16. Dispute Resolution

In the event of a dispute arising from or relating to these Terms or your use of the Service, the parties agree to first attempt to resolve the dispute amicably through good-faith negotiation. You must send a written description of the dispute to legal@tenderpulse.io, and we will endeavor to resolve it within thirty (30) days.

If the dispute cannot be resolved through negotiation, either party may submit the dispute to mediation administered by the Belgian Centre for Arbitration and Mediation (CEPANI) before initiating court proceedings.

You agree that any claims against TenderPulse shall be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You waive any right to participate in a class action or class-wide arbitration to the extent permitted by applicable law.

17. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law principles.

Any disputes that cannot be resolved through the dispute resolution procedure described above shall be submitted to the exclusive jurisdiction of the courts of Brussels, Belgium.

If you are a consumer within the European Union, nothing in this section deprives you of the protection of mandatory consumer protection rules of your country of residence, nor of your right to bring proceedings before the courts of that country.

18. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and TenderPulse regarding the use of the Service and supersede all prior agreements, representations, and understandings.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall only be effective if in writing and signed by TenderPulse.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Notices: All notices under these Terms shall be in writing and sent via email. Notices to TenderPulse shall be sent to legal@tenderpulse.io. Notices to you shall be sent to the email address associated with your account.

Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.

Language: These Terms are drafted in English. In the event of any conflict between a translated version and the English version, the English version shall prevail.

19. Contact

For questions, concerns, or notices regarding these Terms, contact us at:

Email: legal@tenderpulse.io

We will endeavor to respond to all inquiries within ten (10) business days.