Terms of Service

Last updated: November 19th, 2023

Thank you for using Tender. If you have questions about these terms, please contact support@tender.run.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Tender.

When we say “Services”, we mean our websites and installable applications, including tender.run, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “You” or “your”, we are referring to the people that own an account with one or more of our Services.

We may update these Terms of Service ("Terms") in the future.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account.

Account Terms

1. You are responsible for maintaining the security of your account and passkeys and for ensuring that any of your users do the same. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You may not use the Services for any abusive purposes, including violence, harassment, malware, fraud, or spam.
3. You are responsible for all content on your account.
4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

1. If we offer a free version of one of our Services, it is really free: we do not sell your data or charge you money.
2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it may be inaccessible until you make payment. If your account has been frozen for a while, we may queue it up for auto-cancellation.
3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. You can do so via the Stripe Billing management link under your account settings.
2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is canceled, contact support@tender.run.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of our employee or officer will result in immediate account termination.

Uptime, Security, and Privacy

1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Tender may process your data as described in our Privacy Policy and for no other purpose.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that We shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

If you have a question about any of these Terms, please contact support@tender.run.

Attribution

These terms contain text adapted from the Basecamp open-source policies / CC BY 4.0