General

These terms and conditions (hereafter “Terms”) govern the access to and use of the Tenderwell services (hereafter “the Service”) provided by DEVAID LIMITED, a company registered in Cyprus, trading under the Tenderwell brand (hereafter “the Company”). The Service is provided through the website tenderwell.com, through the Company’s application programming interfaces and connectors, and through bulk data deliveries.

These Terms constitute a binding agreement between the Company and the organization that registers for, subscribes to or otherwise uses the Service (hereafter “Customer”). By creating an account, placing an order, or accessing or using the Service in any way, Customer accepts these Terms. The individual accepting these Terms on behalf of an organization confirms that they are authorized to bind that organization. If Customer does not accept these Terms, Customer must not use the Service.

These Terms also apply to every User, including visitors who access the publicly available parts of the Service without an account. By accessing or using the Service in any way, each User agrees to be bound by sections 4, 6, 10, 15 and 19 and by the other provisions of these Terms that are relevant to that use. If a User does not accept these Terms, the User must not access or use the Service.

The Service is intended exclusively for business and professional use. By using the Service, Customer confirms that it acts for purposes relating to its trade, business, craft or profession and not as a consumer. Persons under 18 years of age are not allowed to use the Service.

1. Definitions

• “Data” means all information made available by the Company through the Service in any form or channel, including tender and procurement notices, contract awards, organization profiles, classifications, translations, summaries, metadata, and any compilation, selection or arrangement of that information.
• “Notice Data” means the Data relating to individual tender, procurement, grant or award notices, whether in its original form or as normalized, translated, classified or otherwise processed by the Company.
• “Notice Documents” means tender documents, terms of reference, attachments and other files associated with a notice that are made available or linked through the Service.
• “Derived Product” means an indicator, statistic, score, ranking, summary, or analysis created by Customer from the Data, which does not contain, reproduce or allow the reconstruction of Notice Data or Notice Documents in their original or substantially unchanged form. Reformatting, sorting, filtering, translating, relabelling, aggregating into lists, or combining the Data with other data does not on its own create a Derived Product.
• “Internal Use” means use solely by Customer’s Authorized Users for Customer’s own internal business purposes, including identifying business opportunities and preparing Customer’s own bids and proposals.
• “Authorized User” means an individual employee or contractor of Customer who has been given access to the Service under Customer’s subscription with personal login credentials.
• “User” means any individual or entity that accesses or uses the Service in any way, whether or not registered, including Customer, its Authorized Users and visitors of the website.
• “AI Connector” means the Tenderwell MCP server and any other connector provided by the Company that allows an AI assistant to access the Service on behalf of an Authorized User.
• “Third Party” means any person or entity other than Customer and its Authorized Users, including Customer’s affiliates, clients, partners and members, unless expressly agreed otherwise in a Written Agreement. Service providers that host or process the Data solely on Customer’s behalf under confidentiality obligations, and AI assistants used through an AI Connector or the API in accordance with sections 7 and 8, are not Third Parties for that purpose. Customer remains responsible for their compliance with these Terms.
• “Order Form” means any quote, order, proposal or agreement signed by the Company and Customer that sets out the products, quantities, prices or special conditions of a subscription.
• “Written Agreement” means an agreement in writing signed by an authorized representative of the Company. Emails, chat messages and statements by sales or support staff do not constitute a Written Agreement.

2. Scope and order of precedence

These Terms apply to all channels through which the Service is provided, including web access, AI Connectors, API access, exports, alerts and bulk data deliveries, and to any free, trial, paid or custom subscription.

Where an Order Form has been concluded, it forms part of the agreement between the Company and Customer. In case of conflict, the Order Form prevails over these Terms only for the specific matters it expressly addresses. Any terms and conditions of Customer, including those in purchase orders or procurement platforms, do not apply, even if the Company does not expressly reject them.

3. Accounts and authorized users

Customer must provide accurate and complete registration information and keep it up to date. Login credentials and API keys are personal to the Authorized User or application for which they were issued and must be kept confidential. Sharing accounts, credentials or API keys between individuals is prohibited.

Customer is responsible for all activity carried out under its accounts and API keys and for the compliance of its Authorized Users with these Terms. Customer must notify the Company immediately at support@tenderwell.com of any unauthorized use of its accounts or credentials.

The number of Authorized Users is limited to the number included in Customer’s subscription. Unless agreed otherwise in a Written Agreement, a subscription is granted to the specific office of Customer’s organization in its country of registration and may not be shared with other offices, branches or affiliates of the same organization.

Customer may not transfer, sell, sublicense or assign its subscription or any rights or obligations under these Terms to any Third Party.

4. Ownership and intellectual property

The Service and the Data, including the database, its structure, selection and arrangement, and all enrichments, classifications, translations, summaries and other content created by the Company, are and remain the exclusive property of the Company and its licensors. They are protected by copyright, database rights, trade secret law and other intellectual property laws.

Customer acquires no ownership or other rights in the Service or the Data, except the limited licence expressly granted in section 5. All rights not expressly granted to Customer are reserved by the Company. The Company does not claim ownership of the underlying public information published by contracting authorities, and Notice Documents remain subject to the rights of their respective owners. However, these Terms govern the way Customer may use the Data and Notice Documents obtained through the Service.

The names, logos and trademarks “Tenderwell” and “DevelopmentAid” are the property of the Company and may not be used without its prior Written Agreement. Any feedback or suggestions provided by Customer regarding the Service may be used by the Company freely and without compensation.

5. Licence and permitted use

Subject to Customer’s compliance with these Terms and payment of the applicable fees, the Company grants Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence, for the duration of the subscription, to access and use the Service and the Data for Internal Use only.

Within this licence, Customer may use the Data for internal analytics and to create Derived Products. Derived Products may be used for Internal Use only. Any publication, distribution, sale, licensing or other making available of Derived Products to any Third Party requires a prior Written Agreement with the Company.

Customer may download Notice Documents for Internal Use, including the preparation of Customer’s own bid for the relevant tender. Customer may share an individual notice or its Notice Documents with an actual or prospective consortium partner or subcontractor, solely for the purpose of jointly preparing a bid for that specific tender, provided that such sharing is occasional and not systematic.

Any use of the Service, the Data or the Notice Documents not expressly permitted by this section requires a prior Written Agreement with the Company.

6. Restrictions

Unless expressly permitted by a prior Written Agreement, no User shall, and Customer shall not allow any Third Party to:

• publish, display, resell, sublicense, rent, distribute, transmit or otherwise make available to any Third Party the Data or Notice Documents, in full or in part, in their original form or in any substantially unchanged form, whether free of charge or for a fee;
• publish, sell or otherwise make available Derived Products to any Third Party;
• include the Data, Notice Documents or Derived Products in any website, newsletter, alert service, database, report, software, platform or product offered to Third Parties, including to Customer’s own clients or members;
• use the Data to build, enrich, train or maintain any database, directory, tender alert service or other product or service that competes with or substitutes for the Service, in whole or in part;
• use the Data or Notice Documents to train, fine-tune or evaluate any machine learning or artificial intelligence model, or to create datasets for such purposes;
• load the Data or Notice Documents into any knowledge base, vector store, search index or other persistent repository used by an AI system, or make them available to any AI system or service, other than as permitted in sections 7 and 8;
• access or extract Data through scraping, crawling, robots, scripts or any other automated means, other than through an AI Connector or the API in accordance with sections 7 and 8;
• systematically download, copy or store substantial parts of the Data, or repeatedly extract insubstantial parts in a way that together amounts to a substantial part;
• circumvent, disable or interfere with any access controls, usage limits, rate limits, paywalls or security features of the Service;
• remove, obscure or alter any proprietary notice, attribution or source reference contained in the Data;
• reverse engineer, decompile or attempt to derive the source code or underlying structure of the Service, except to the extent permitted by law;
• use the Service in violation of any applicable law, or to publish defamatory, obscene, threatening, abusive or hateful content.

7. Web access and AI connectors

Access to the non-public parts of the Service is provided through personal accounts of Authorized Users. To protect the Data against unauthorized extraction, the Company may at any time apply limits on the number of notices, organization profiles, documents and exports that can be viewed or downloaded within a given period, and may monitor usage patterns for this purpose.

Exports and downloads made available through the web interface are provided for Internal Use only and are subject to all restrictions in section 6.

Authorized Users may access the Service through an AI Connector using an AI assistant of their choice. Access through an AI Connector is part of Customer’s subscription and is subject to the same plan entitlements, view limits and usage limits as web access. Usage through an AI Connector counts towards those limits, and the Company may apply the same measures to it as to web access. Use of the Data through an AI Connector is permitted for Internal Use only and is subject to all restrictions in sections 5 and 6.

Customer is responsible for the AI assistant it uses with an AI Connector and for its configuration. Where the AI assistant offers such settings, Customer shall ensure that the Data is not used by the provider of the AI assistant to train or improve its models. The provider of the AI assistant does not acquire any rights in the Data, and Customer shall not use an AI Connector to systematically extract or store the Data outside the Service. Data retained in the conversation history or memory of the AI assistant as a result of an Authorized User’s use of an AI Connector does not constitute a breach of these Terms, provided that it is used for Internal Use only.

8. API access and rate limitation

Access to the Company’s REST API and other programmatic interfaces, other than AI Connectors (hereafter “API”), is available only under a subscription or Written Agreement that expressly includes it. API keys and access tokens are confidential, are issued for a specific Customer and application, and may not be shared, published or embedded in any software or application accessible to Third Parties.

API usage is subject to the rate limits, quotas and technical documentation published or communicated by the Company, which may be changed from time to time. The Company may throttle, queue, reject or suspend requests that exceed these limits, that place an unreasonable load on the Service, or that indicate a breach of these Terms. Customer shall not attempt to circumvent rate limits, including by using multiple accounts or keys.

Data obtained through the API may be stored and cached by Customer only to the extent necessary for its Internal Use during the subscription. Data obtained through the API is subject to all restrictions in sections 5 and 6, including where it is processed by applications or AI assistants used by Customer.

The Company may modify, version or discontinue any API endpoint or feature and will make reasonable efforts to give advance notice of material changes.

9. Bulk data delivery

Bulk data deliveries, including data files, feeds and database extracts, are provided only under an Order Form or Written Agreement that specifies the scope, format, frequency and permitted use of the delivery. Unless that agreement expressly provides otherwise, bulk data is licensed for Internal Use only and is subject to all restrictions in sections 5 and 6.

Customer shall store bulk data in secure systems under its own control, restrict access to Authorized Users who need it, and implement appropriate technical and organizational measures to prevent unauthorized access, copying or disclosure. Customer shall promptly notify the Company of any unauthorized access to or disclosure of bulk data.

Upon reasonable prior notice, and no more than once per year unless a breach is reasonably suspected, Customer shall provide the Company with information and a written confirmation reasonably required to verify Customer’s compliance with these Terms regarding bulk data.

Upon termination or expiry of the subscription or agreement under which bulk data was delivered, Customer may keep the bulk data delivered and paid for before that date and continue to use it for Internal Use only, in accordance with section 5. Such retained bulk data remains subject to all restrictions in section 6 and to the obligations of this section 9. This right does not apply if the subscription is terminated by the Company for Customer’s breach of these Terms. The Company has no obligation to update, correct or support retained bulk data.

10. Personal data contained in the Data

The Data may include personal data, such as names, job titles, email addresses and phone numbers of contact persons at contracting authorities and other organizations. To the extent a User processes such personal data obtained through the Service, that User acts as an independent controller and is solely responsible for complying with the General Data Protection Regulation (EU) 2016/679 and all other applicable data protection and electronic communications laws, including having a lawful basis for the processing and informing the persons concerned where required.

Users shall use such personal data only in connection with specific business opportunities identified through the Service and shall not:

• send unsolicited direct marketing communications in breach of applicable law;
• use the personal data for mass or automated marketing campaigns;
• compile, sell, rent, share or otherwise make available contact lists or databases containing personal data obtained through the Service.

Users shall promptly comply with any request of the Company to correct or delete such personal data, including following a request from the person concerned. The Company’s own processing of personal data is described in the Privacy Policy.

11. Prices and payment

Prices for the Service are available on the website, in the applicable Order Form, or can be requested in writing at support@tenderwell.com. Prices may change at any time. New prices apply to an existing subscription only from its next renewal, and the Company will notify Customer in advance by email or through the Service.

Subscriptions renew automatically for the same period unless cancelled. The Company charges the fee at the beginning of every subscription period to the payment method provided by Customer, or invoices Customer where agreed in an Order Form. Where the subscription is paid online through the Service, Customer can cancel the automatic renewal at any time before the start of the next subscription period from the plan section of its profile. Where the subscription is paid by any other method, such as bank transfer, Customer must notify the cancellation by email to support@tenderwell.com at least seven (7) days before the end of the current subscription period.

Access to paid parts of the Service is granted only upon receipt of payment. If a payment is not received when due, the Company may suspend access to the Service until payment is received in full.

Customer must notify the Company of any discrepancies in an invoice within sixty (60) calendar days from its date of issue. Failure to do so shall lead to the invoice being considered correct.

Customers based in Cyprus are liable to pay Cypriot value added tax (VAT) on top of the subscription price. Customers in other European Union countries will be exempted from VAT if they provide a valid VAT number; otherwise Cypriot VAT will be added to the quoted prices. Customers based outside of the European Union are exempted from Cypriot VAT.

All payments are to be made in cleared funds, without any set-off or deduction, and free and clear of any taxes, levies, duties, charges, fees and withholdings of any nature imposed by any governmental, fiscal or other authority, save as required by law. If Customer is required by law to make any such deduction, it will pay to the Company such additional amounts as are necessary to ensure that the Company receives the full amount it would have received without the deduction.

Fees paid are non-refundable, including in case of cancellation during a subscription period or termination under section 12, except as provided in section 12 or expressly provided otherwise in an Order Form.

12. Suspension and termination

Customer may cancel its subscription at any time as described in section 11. Cancellation takes effect at the end of the current subscription period.

The Company may immediately suspend or restrict Customer’s access to the Service, in whole or in part, if it reasonably suspects a breach of sections 3, 5, 6, 7, 8, 9 or 10, unauthorized extraction or use of the Data, non-payment, or a security risk to the Service.

The Company may terminate Customer’s subscription with immediate effect by written notice if Customer materially breaches these Terms, including any breach of sections 5, 6, 7, 8, 9 or 10. In that case, Customer is not entitled to any refund, without prejudice to any other rights or remedies of the Company. The Company may also terminate a subscription for convenience by giving at least thirty (30) days’ notice, in which case it will refund the prepaid fees for the remaining period.

Upon termination or expiry of a subscription, all licences granted under these Terms end immediately, except as provided in section 9. Within thirty (30) days, Customer shall permanently delete all Data and Notice Documents obtained through the Service, including copies held in its systems, applications and AI tools, and shall confirm this deletion in writing upon request. Customer may keep Derived Products for its continued Internal Use, provided that they comply with the definition in section 1.

The deletion obligation does not apply to bulk data that Customer may keep under section 9, nor to copies of Data or Notice Documents contained in bids or proposals submitted by Customer, or that Customer is required to keep by applicable law. Such copies may be kept only for that purpose and for as long as required, and remain subject to sections 6 and 10.

13. Disclaimer of warranty

The Company makes reasonable efforts to keep the Service available seven (7) days a week, twenty-four (24) hours a day, but does not guarantee that the Service will be uninterrupted, timely, secure or free of errors, viruses or other harmful components. The Company may temporarily interrupt or restrict the Service for maintenance, security or other operational reasons, and may change the features of the Service from time to time.

The Data is collected from many external sources that the Company does not control. The Service and the Data are provided “as is” and “as available”. The Company does not guarantee that the Data is complete, accurate or up to date, and Customer should verify any information with the original source, in particular the official notice published by the contracting authority, before relying on it. Summaries, translations and classifications, including those generated with the help of artificial intelligence, may contain errors.

The Company cannot verify the identity of Users or the accuracy of organization profiles and is not liable for their content. The Company is not a party to, and is not liable for, any procurement procedure, contract or transaction between Customer and any contracting authority or Third Party, and does not guarantee any minimum level of opportunities, contracts, income or results.

To the maximum extent permitted by law, the Company excludes all warranties, conditions and representations, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement.

14. Limitation of liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special or consequential loss or damage, or for any loss of profits, revenue, business, contracts, opportunities, goodwill or data, arising out of or in connection with the Service or these Terms, whether in contract, tort (including negligence) or otherwise.

The total aggregate liability of the Company arising out of or in connection with the Service or these Terms shall not exceed the fees actually paid by Customer for the Service in the twelve (12) months preceding the event giving rise to the claim, or one hundred euros (EUR 100) if Customer has not paid any fees.

Nothing in these Terms limits or excludes liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be limited or excluded by law.

15. Indemnity and remedies

Customer, and any other User in respect of its own conduct, shall indemnify and hold harmless the Company, its affiliates, officers and employees against all claims, losses, damages, costs and expenses, including reasonable legal fees, arising out of a breach of these Terms by Customer, its Authorized Users or that User, or out of use of the Data in breach of these Terms.

Customer acknowledges that unauthorized use or disclosure of the Data would cause the Company irreparable harm for which damages alone would not be an adequate remedy. The Company shall therefore be entitled to seek injunctive or other equitable relief in any competent court, in addition to any other rights and remedies available to it. In case of unauthorized distribution or commercial use of the Data, the Company may also claim, as a minimum, the fees that would have been payable for a licence covering such use under its then-current prices.

16. Links to other sites

The Service contains links to websites of contracting authorities and other third parties. The Company does not control these websites and is not responsible for their content, availability or practices. Access to third-party websites is subject to their own terms.

17. Customer references and testimonials

The Company may refer to Customer’s organization name and logo as a customer of the Service in its marketing materials, unless Customer objects in writing at support@tenderwell.com.

If Customer submits a testimonial, Customer agrees that the Company may publish it, together with the name of the author and the name or logo of the organization they represent, on its website and in its marketing materials. The Company may edit the testimonial and publish shortened versions of it, but will never edit it in a way that misrepresents the author’s views. The author may request the removal of a testimonial at any time.

18. Changes to the Terms

The Company may amend these Terms from time to time. The current version is always available on this page, with the date of its last update. The Company will notify Customer of material changes by email or through the Service at least thirty (30) days before they take effect, unless the change is required by law or is necessary to protect the Service or the Data, in which case it may take effect sooner.

If Customer does not agree with a material change, Customer may cancel its subscription before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the amended Terms.

19. Governing law and settlement of disputes

These Terms and any dispute or claim arising out of or in connection with them or the Service, including non-contractual disputes or claims, are governed by and interpreted in accordance with the laws of the Republic of Cyprus.

The parties shall first seek to resolve any dispute amicably. If the dispute is not resolved within thirty (30) days, it shall be submitted to the exclusive jurisdiction of the courts of Nicosia, Cyprus. This does not prevent the Company from seeking injunctive relief or enforcing its intellectual property rights in any other competent jurisdiction.

20. General provisions

• Entire agreement. These Terms, together with any Order Form, constitute the entire agreement between the Company and Customer regarding the Service and supersede all prior agreements and understandings.
• Survival. Sections 4, 5 (as to retained bulk data and Derived Products), 6, 9, 10, 11 (as to fees due), 12 (as to the consequences of termination), 13, 14, 15, 19 and 20, and any other provisions which by their nature are intended to survive, continue to apply after termination or expiry of the subscription.
• Severability. If any provision of these Terms is held invalid or unenforceable, it shall be limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• No waiver. Any failure or delay by the Company in exercising a right does not constitute a waiver of that right.
• Assignment. The Company may assign or transfer its rights and obligations under these Terms to an affiliate or to a successor of its business. Customer may not do so without the Company’s prior Written Agreement.
• Force majeure. The Company is not liable for any failure or delay caused by events beyond its reasonable control.
• Language. These Terms are drafted in English. If they are translated, the English version prevails.

21. Correspondence

Any correspondence should be addressed to support@tenderwell.com or to:

DEVAID LIMITED
22, Spetson Str. Amalthia Building,
3rd Floor, Office 24,
Nicosia 1082, Cyprus
VAT number: CY 10335309K

Last updated: 19 October 2026