TENDERD Product Terms of Service:

Definitions:

''TENDERD Software'':

Refers to all software systems, platforms, and related technologies provided by TENDERD.

''Products'':

Refers to any software, hardware, or services provided by TENDERD.

''Customer'':

Any entity or individual that uses or purchases TENDERD Products.

Introduction:
Welcome to TENDERD. These Terms and Conditions govern your access to and use of TENDERD’s products such as software, platforms, IoT sensors and related services (collectively, 'Services'). By accessing or using the Services, you agree to be bound by these Terms and all applicable laws and regulations.
Agreement to Terms:
By engaging with the Services in any of the following ways: clicking a checkbox to indicate your acceptance, executing a contract that incorporates these Terms, purchasing products, or by accessing or using the products in any manner, you affirm your acceptance of these Terms. If you disagree with these Terms, or if you are not authorized to use the products, you must not access or use the products. If you are using the products on behalf of a company or other legal entity (for example, your employer), you agree to these Terms on behalf of that entity and confirm that you have the authority to bind that entity to these Terms. In cases where you have a separate agreement with TENDERD regarding the purchase or usage of products, any conflict between that agreement and these Terms will be resolved in favor of the separate agreement. In these Terms, references to “you” and “your” refer to the entity on behalf of which you are acting. Use of the products is not permitted for direct competitors of TENDERD, except with prior written consent from TENDERD. TENDERD may modify the Terms at any time, in our sole discretion. It is important that you review the Terms each time you are asked to agree in any manner to indicate your acceptance.
Account Registration and Security:
1. You must register for an account to access certain features of the Services. You agree to provide accurate and complete information and keep this information up-to-date.
2. The Customer is responsible for the management and security of all accounts. Access to the licensed TENDERD Software must be limited to Authorized Users only, and such users must keep their account login details, including usernames and passwords, confidential. The Customer must not share these details with unauthorized parties. It is the Customer's responsibility to monitor and control access to the TENDERD Software and maintain the confidentiality of account login information and any API tokens issued. If there is a security breach involving account information, the Customer must immediately inform TENDERD and either deactivate the compromised account or update its login details. Authorized Users are permitted to use the licensed TENDERD Software solely on behalf of the Customer and must adhere to the terms and conditions set forth herein. The Customer will be held liable for any violations of these terms by an Authorized User.
3. Under no circumstances may you provide access to TENDERD's platform or services to any direct or indirect competitors of TENDERD, nor may you share any sensitive, proprietary, or confidential information derived from the use of our services with such parties. This prohibition includes, but is not limited to, granting platform access or sharing user credentials with competitor companies.
4. Consequences of Unauthorized Access and Sharing: Should it come to the Company’s attention that you have allowed unauthorized access to your account or have provided platform access to competitor companies, TENDERD reserves the right to take necessary legal action and impose penalties, including but not limited to immediate termination of your account and services without refund. Further, you may be held liable for any losses incurred by TENDERD or other third parties due to such unauthorized use.
Intellectual Property Rights:
1. TENDERD exclusively own all rights, title, and interest in and all TENDERD products, software, algorithms, models, user interfaces, processed data and documentation.
2. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your business purposes as permitted by these Terms. TENDERD reserves the right to audit Customer’s usage of TENDERD Software and to remove Customer’s access to TENDERD Software beyond the licensed scope.
License Restrictions:
Customer agrees not to engage in the following activities without TENDERD’s express prior written consent:
1. Resell, reproduce, or distribute the products, or use TENDERD’s trademarks, logos, or proprietary designs.
2. Access unauthorized areas of the TENDERD Software, or interfere with their operational integrity.
3. Circumvent any security or usage controls of the TENDERD Software.
4. Modify, reverse engineer, or otherwise alter the products.
5. Impersonate any person or entity, or falsely claim an affiliation.
6. Use the products for any competitive analysis or benchmarking.
7. Store or transmit unlawful material or infringing content, or violate privacy rights.
8. Violate any applicable laws or regulations.
TENDERD may suspend or terminate access to the Software if these restrictions are violated and reserves the right to limit Product access. TENDERD may pursue legal recourse in cases of violations.
Data Ownership and Use Terms:
1. Personal Data
  1. Ownership: As a Customer, you retain full ownership of all personal data that you provide or input into our Services. Personal data is any information that can be used to identify an individual or a company, either directly or indirectly, that is collected by TENDERD through the use of its Services. This may include but is not limited to names, email addresses, and any other identifiable information about a person or a company.
  2. Grant of License: By utilizing our Services, you, the Customer, hereby grant TENDERD a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and display the data you provide. This license is granted solely for the purpose of enabling TENDERD to provide and enhance the Services offered to you.
  3. Scope of Use: TENDERD is authorized to use the data strictly for the purpose of delivering the Services agreed upon with the Customer. No use of this data for any other purpose is permitted without explicit consent from the Customer.
  4. Protection of Personal Data: All personal data provided by the Customer will be handled in accordance with applicable data protection laws. TENDERD commits to not using personal data for any purposes unrelated to the services provided to the Customer, ensuring that personal data is treated with the highest standards of security and confidentiality.
  5. Data Deletion and Anonymization: Upon the termination or conclusion of the Services, TENDERD will take appropriate measures to either delete all personal data or anonymize it, depending on the Customer's preferences and applicable legal requirements. This ensures that no personal data is retained beyond the duration necessary for the provision of Services or as required by law.
2. Created, Collected and Processed Data
  1. Ownership: TENDERD exclusively owns all data that is created, collected and/or processed by its deployed IoT sensors, algorithms, AI/ML models, or any other data acquisition and processing methods. Created, Collected and Processed Data is any data that is either created or gathered by IoT sensors or other methods employed by TENDERD on customer assets. This data is subsequently processed using TENDERD’s proprietary software codes, algorithms, artificial intelligence (AI) models, and machine learning (ML) models. The purpose of this processing is to transform raw data into actionable insights and metrics, specifically designed to enhance the functionality and efficiency of TENDERD’s services.
  2. Use of Data: This data is utilized by TENDERD to generate aggregate metrics and insights to enhance the overall quality and functionality of our Services and for the Customer to manage its asset operations efficiently with the generated insights, dashboards, and reports.
  3. Data Request: Upon completion or termination of Services the customer is entitled to request a copy of the Collected and Processed Data. TENDERD agrees to furnish this data in a format that is then available and applicable to TENDERD. This provision is contingent upon your compliance with all terms and conditions of the agreement throughout the duration of the services. Should there be any breach of the agreement by you, TENDERD reserves the right to withhold the provision of such data.
3. Compliance and Enforcement:
  1. Legal Compliance: You agree to comply with all applicable laws and regulations in your use of the Services and in relation to the data provided
  2. Breach of Terms: Any violation of these terms may result in immediate suspension or termination of your access to the Services, legal action, and other remedies available to TENDERD under the applicable laws.
Confidentiality:
1. Confidential Information Definition: ''Confidential Information'' refers to any technical, financial, or business information disclosed by one party to another. For TENDERD, this includes information related to our products, pricing, payment terms, product offerings, software systems, and any data concerning TENDERD Customers or partners that we provide during the service provision. For the Customer, this encompasses all Customer data and any information provided to TENDERD to aid in evaluating, purchasing, or configuring the Services, such as details about vehicles or equipment, personal information, or similar.
2. Exclusions from Confidential Information: Information is not confidential if it (i) becomes public through no fault of the receiving party, (ii) was already known to the receiving party without confidentiality restrictions before disclosure by the other party, (iii) is received from another source free to disclose such information, or (iv) is independently developed by the receiving party without reference to the disclosing party’s confidential information.
Force Majeure:
TENDERD is not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond TENDERD’s reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, pandemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems.
Indemnification:
1. General Indemnity: The Customer agrees to indemnify, defend, and hold harmless TENDERD and its officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to the Customer's use of the Services in violation of these Terms, any infringement of third-party rights, or any breach of the obligations or warranties under these Terms.
Modification of Services:
Service Changes: TENDERD reserves the right to modify, update, or discontinue the Services (or any part or content thereof) at any time without liability to the Customer or any third party. Any changes to the Services will be communicated to the Customer through appropriate channels, such as through the Services interface or via email.
Subscriptions and Payments:
Fees and Payment: The Customer agrees to pay all applicable fees for the Services as set forth in the relevant agreement or invoicing statement. All fees are non-refundable and payable in advance. TENDERD reserves the right to modify its pricing structure at any time, provided that such changes will not take effect until the renewal of the Customer’s subscription term.
Disclaimers:
No Warranties: The Services are provided ''as is'' and TENDERD expressly disclaims any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability:
To the fullest extent permitted by applicable law, TENDERD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from the Customer’s access to or use of or inability to access or use the Services.

TENDERD Product Terms of Service:

Introduction:

Agreement to Terms:

Account Registration and Security:

Intellectual Property Rights:

License Restrictions:

Data Ownership and Use Terms:

Confidentiality:

Force Majeure:

Indemnification:

Modification of Services:

Subscriptions and Payments:

Disclaimers:

Limitation of Liability: