Terms and Conditions

This is a draft and must be reviewed by an Australian legal professional before it is relied upon.

1. About these terms

These Terms and Conditions ("Terms") govern your access to and use of the BidSuite platform ("BidSuite", "the Service"), operated by Bid Suite Pty Ltd (ABN [to confirm]) ("we", "us", "our"). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind that organisation.

2. The Service

BidSuite is a software platform that helps you prepare, manage, and assemble tender responses, including AI-assisted analysis and drafting. We may update, add, or remove features over time.

3. Accounts and eligibility

You must be at least 18 and provide accurate registration information. You are responsible for your account, your login credentials, and all activity under your account. You must keep your credentials secure and notify us promptly of any unauthorised use. Organisation administrators are responsible for managing their members' access.

4. Your content and your responsibilities

You retain ownership of the content you upload or create in BidSuite (your tender documents, business information, drafted responses, and other materials, "Your Content"). You grant us a licence to host, process, and use Your Content solely to provide the Service to you (including sending relevant content to our AI and infrastructure providers as described in our Privacy Policy).

You are responsible for Your Content, and you represent and warrant that:

• (a) you have all rights necessary to upload and use it;
• (b) where Your Content includes personal information about other people (for example, referees, staff, or subcontractors), you have obtained all consents and have a lawful basis to provide that information and to have it processed through the Service, including disclosure to our overseas service providers;
• (c) Your Content does not infringe any third party's rights or any law; and
• (d) you will not upload unlawful, harmful, or malicious content.

5. Indemnity

To the maximum extent permitted by law, you agree to indemnify us against any claims, losses, liabilities, and costs (including reasonable legal costs) arising from: (a) Your Content; (b) your breach of these Terms; (c) your provision of personal information about third parties without the necessary rights or consents; or (d) your use of the Service in breach of any law. This reflects that you control what you put into the Service and on whose authority.

6. Artificial intelligence

BidSuite uses AI to assist with analysis and drafting. AI-generated output may be inaccurate, incomplete, or unsuitable for your purpose. It is a drafting aid, not professional, legal, or tender advice. You are solely responsible for reviewing, verifying, and editing all AI-generated content before relying on it or submitting any tender. We do not warrant the accuracy, completeness, or fitness for purpose of any AI output, and we are not responsible for tender outcomes, lost bids, or decisions made in reliance on the Service.

7. Acceptable use

You must not: misuse or attempt to disrupt the Service; access it without authorisation; reverse-engineer or copy it; use it to break any law; resell or provide it to third parties except as permitted; or use automated means to extract data beyond normal use. We may suspend or terminate access for breach.

8. Payment, subscriptions, and refunds

Paid plans are billed in advance at the fees shown at sign-up. Subscriptions renew automatically each billing period unless cancelled before renewal. You can cancel at any time, effective at the end of the current period. Except where required by the Australian Consumer Law or expressly stated, fees are non-refundable, and cancellation does not entitle you to a refund of fees already paid for the current period. We may change our fees with reasonable notice; changes take effect at your next renewal. Payments are processed by Stripe; we do not store your card details.

9. Availability

We aim to keep BidSuite available and reliable but do not guarantee uninterrupted or error-free operation. We may perform maintenance, and may modify or discontinue features. We are not liable for unavailability to the extent outside our reasonable control.

10. Intellectual property

BidSuite, including its software, design, and content (excluding Your Content), is owned by us or our licensors. These Terms do not transfer any of our intellectual property to you beyond the limited right to use the Service.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law ("ACL") that cannot lawfully be excluded. Where our liability for a failure to comply with a non-excludable guarantee can be limited, our liability is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied.

12. Limitation of liability

Subject to clause 11, and to the maximum extent permitted by law:

• (a) we exclude all implied warranties and conditions;
• (b) we are not liable for any indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, goodwill, or business opportunity (including lost or unsuccessful tenders), however arising;
• (c) our total aggregate liability to you arising out of or in connection with the Service or these Terms is limited to the total fees you paid us in the three (3) months immediately before the event giving rise to the liability (or, if you are on a free or comped plan, to AUD $100).

These limits apply regardless of the cause of action and even if we were advised of the possibility of the loss.

13. Data and security

We handle your information as described in our Privacy Policy. We take reasonable steps to protect your information, but no online service can be guaranteed completely secure, and you acknowledge that you provide content and use the Service at your own risk to that extent. Where a data breach occurs, we will comply with our obligations under the Privacy Act, including the Notifiable Data Breaches scheme. Nothing in these Terms limits liability that cannot be limited by law, but to the maximum extent permitted, our liability in connection with data security incidents is subject to the limitations in clause 12.

14. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service unlawfully. On termination, your right to use the Service ends; data handling on closure is described in our Privacy Policy.

15. Changes to these Terms

We may update these Terms. For material changes, we will give reasonable notice (for example, by email or in-app notice). Continued use after changes take effect means you accept the updated Terms.

16. Governing law

These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of its courts.

17. Contact

Bid Suite Pty Ltd, support@bidsuite.com.au.