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TERMS OF USE AND SERVICE AGREEMENT OF BIDHITS By creating an account, starting a free trial, purchasing a subscription, using www.bidhits.co.za, using the API, accepting these terms online, or accepting them through customer support, the legal entity, company, sole proprietor or professional user, hereinafter referred to as "USER", agrees to this Terms of Use and Service Agreement and to the Privacy Policy available at https://www.bidhits.co.za/privacy_policy.php. The BIDHITS service is operated by PORTAL GENIAL SERVICOS EM TECNOLOGIA DA INFORMACAO LTDA, a company based in Brazil, CNPJ 06.098.898/0001-69, with address at R. Jose Formighieri, 399, Alvorada, CEP 89562-008, Videira - SC - Brazil, hereinafter referred to as "BIDHITS". The service is intended only for companies, legal entities, sole proprietors and professional users acting for business purposes. It is not intended for personal, household or consumer use. CLAUSE ONE: DEFINITIONS 1.1. ACCESS PORTAL: means the set of tools and resources made available to the USER to access BIDHITS content and services, including websites, applications, e-mail alerts, APIs, artificial intelligence features, maps, filters and other electronic interfaces. 1.2. FREE TRIAL: temporary access to the ACCESS PORTAL without charge, for the period and under the conditions informed by BIDHITS on the website, campaign, registration page or commercial proposal. 1.3. SUBSCRIPTION: paid access to the ACCESS PORTAL for the contracted period, according to the plan, price, currency, payment method and conditions selected by the USER. 1.4. CONTENT: information made available through the ACCESS PORTAL, including public procurement opportunities, tenders, bids, requests for quotation, procurement notices, documents, links, filters, comments, search results, alerts and related information. 1.5. ACCESS INFRASTRUCTURE: internet access, equipment, software, browser, e-mail account, API systems, security tools and other resources required for use of the service. 1.6. REGISTRATION DATA: identification, contact, billing, tax, access and other account data provided by the USER. 1.7. AI FEATURES: artificial intelligence resources made available by BIDHITS to help search, classify, summarise, explain or organise CONTENT and to answer questions from the USER. CLAUSE TWO: PURPOSE 2.1. This Agreement regulates the provision, by BIDHITS to the USER, of access to the CONTENT and tools available in the ACCESS PORTAL. 2.2. BIDHITS is a search, monitoring and organisation tool for public procurement opportunities. BIDHITS is not a public authority, does not conduct tenders, does not issue official notices and does not replace the official procurement portal, the tender issuer, the tender documents or specialised professional advice. CLAUSE THREE: REGISTRATION AND ACCEPTANCE 3.1. Access to BIDHITS may occur through a FREE TRIAL, a SUBSCRIPTION or the conversion of a FREE TRIAL into a SUBSCRIPTION. 3.2. The Agreement is considered accepted when the USER completes registration, starts using the service, starts a FREE TRIAL, contracts a SUBSCRIPTION, uses the API or otherwise confirms acceptance by electronic or written means. 3.3. The USER declares that it has authority to accept this Agreement on behalf of the company, legal entity, sole proprietor or professional activity represented in the account. 3.4. The USER must provide true, complete and updated REGISTRATION DATA. BIDHITS may request confirmation of such data at any time. 3.5. If BIDHITS identifies false, incomplete, irregular or inconsistent data, suspicious use, abuse, fraud risk, shared access not authorised or breach of this Agreement, BIDHITS may suspend or block the account and, when applicable, terminate the Agreement. CLAUSE FOUR: FREE TRIAL 4.1. The FREE TRIAL is a courtesy offered by BIDHITS and may be changed, limited, suspended or ended at any time, according to technical availability, country, campaign, plan or commercial policy. 4.2. The FREE TRIAL does not oblige the USER to contract a paid SUBSCRIPTION. 4.3. After the FREE TRIAL expires, there will be no automatic conversion into a paid SUBSCRIPTION and no automatic charge, unless the USER expressly chooses a paid plan and provides a valid payment method. 4.4. During the FREE TRIAL, BIDHITS may limit features, number of results, API usage, alerts, AI features, downloads, users or other functions. 4.5. The USER has 7 (seven) days after registration to contest incorrect registration or contracting information. If there is no contestation within this period, the registration information will be considered accepted, without prejudice to correction rights provided by applicable data protection law. CLAUSE FIVE: SUBSCRIPTION 5.1. During or after the FREE TRIAL, the USER may contract a SUBSCRIPTION by selecting a plan and payment method available in the ACCESS PORTAL or in a commercial proposal. 5.2. The SUBSCRIPTION starts only after payment confirmation, risk analysis or approval by the payment provider, unless BIDHITS grants early access as a courtesy. 5.3. If the SUBSCRIPTION ends, is cancelled, is not renewed or becomes overdue, access to CONTENT may be blocked, suspended or limited until regularisation or new contracting. 5.4. The USER is fully responsible for the correctness of REGISTRATION DATA, the security of passwords, API keys and access credentials, and the acts performed through its account. 5.5. BIDHITS is not liable for losses caused by wrong e-mail addresses, failure to receive messages, poor password security, sharing of credentials, unauthorised account use, compromised devices or failures in the USER's systems. 5.6. Important notices may be sent by e-mail or displayed in the ACCESS PORTAL. The USER must keep its e-mail address updated and must check spam, security filters and mailbox availability. 5.7. BIDHITS may send renewal proposals before the end of the contracted period to avoid interruption of the service. 5.8. Renewal is not mandatory. The USER is free to renew or not renew the SUBSCRIPTION. 5.9. The USER may authorise receipt of commercial information, offers or communications from BIDHITS or its partners, according to the Privacy Policy and applicable law. CLAUSE SIX: USER OBLIGATIONS 6.1. The USER is solely responsible for obtaining, maintaining and paying for the ACCESS INFRASTRUCTURE required to use BIDHITS. 6.2. The USER must verify all CONTENT, updates, deadlines, tender documents, amendments, official communications and legal or technical requirements directly with the official source before participating in any procurement process. 6.3. The USER is solely responsible for participation or non-participation in any tender, bid, quotation or procurement process, including deadlines, documents, eligibility, technical requirements, pricing, taxes, guarantees, submissions and communications with public authorities or contracting entities. 6.4. The USER must keep passwords, API keys and credentials confidential and must not share access, except when the contracted plan expressly allows multiple users. 6.5. The USER must not use BIDHITS for unlawful, fraudulent, abusive, harmful or bad-faith purposes. 6.6. The USER agrees not to: 6.6.1. perform reverse engineering, decompilation, decoding, copying, extraction or exploration of code, databases, scripts, models, systems or internal structures of BIDHITS; 6.6.2. perform massive, generic, automated or unauthorised scraping, crawling, harvesting or scanning of tenders or data; 6.6.3. redistribute, resell, publish or share CONTENT in another portal, platform, database, newsletter, API, product or service that competes with BIDHITS or offers procurement information; 6.6.4. publish CONTENT obtained from BIDHITS without the direct BIDHITS link or without proper reference, when publication is expressly authorised; 6.6.5. alter, distort, manipulate or misuse CONTENT in a way that may harm BIDHITS, third parties, public authorities, procurement entities or other users; 6.6.6. share credentials, allow simultaneous unauthorised use or permit third parties to access the service through the USER's account; 6.6.7. attempt to access restricted areas, bypass security controls, attack, overload, disrupt or damage BIDHITS systems; 6.6.8. use bots, scripts, automation or integrations not authorised by BIDHITS, except through the official API and within the applicable limits; 6.6.9. exceed API request limits, rate limits, search limits or other technical limits set by BIDHITS; 6.6.10. use AI FEATURES to create unlawful content, infringe rights, process unauthorised personal information, perform automated high-impact decisions about third parties or mislead any person. 6.7. Any breach of this clause may result in suspension, blocking, termination, loss of access without refund, claim for damages and communication to competent authorities, when applicable. CLAUSE SEVEN: SERVICE, CONTENT AND LIMITATION OF LIABILITY 7.1. BIDHITS will make reasonable efforts to provide access to the CONTENT during the active SUBSCRIPTION, except in cases of maintenance, technical failures, third-party failures, internet problems, force majeure, security incidents, changes in public sources or events outside BIDHITS' reasonable control. 7.2. BIDHITS does not guarantee uninterrupted, error-free, permanent or fully available operation of the service. 7.3. BIDHITS does not guarantee that internet networks, telecommunications services, e-mail providers, cloud providers, payment providers, official public portals or third-party services will operate without failures or interruptions. 7.4. BIDHITS does not provide express or implied warranties regarding the service, except for warranties that cannot be excluded under applicable mandatory law. 7.5. BIDHITS may add, remove, change or replace sources, features, filters, layouts, alerts, AI FEATURES, API resources, maps, search rules, plans or technical aspects of the service. 7.6. BIDHITS may suspend access temporarily for maintenance, security, technical improvements, fraud prevention or protection of the service. 7.7. BIDHITS collects, organises and displays information from public sources and third-party sources. Such information may be incomplete, delayed, changed, removed, wrongly published, unavailable or different from the official source. 7.8. BIDHITS is not responsible for missing tenders, incorrect data, outdated data, incomplete data, wrong classification, search failures, e-mail delivery failures, official portal changes, public source unavailability or decisions made by the USER based on the CONTENT. 7.9. The official tender notice, official portal, procurement entity and original documents always prevail over BIDHITS information. 7.10. BIDHITS is not responsible for the USER's participation, failure to participate, qualification, disqualification, pricing, submission, award, loss of opportunity or result in any tender, bid, request for quotation or procurement process. 7.11. To the maximum extent allowed by applicable law, BIDHITS will not be liable for indirect, incidental, special, punitive, consequential or loss-of-profit damages, loss of business opportunity, loss of revenue, loss of data, loss of goodwill or business interruption. 7.12. To the maximum extent allowed by applicable law, BIDHITS' total liability for any claim related to this Agreement will be limited to the amount effectively paid by the USER to BIDHITS for the specific SUBSCRIPTION period in which the event giving rise to the claim occurred. 7.13. No rights are granted to the USER beyond access to the service during the valid period and under the conditions of the contracted plan. CLAUSE EIGHT: ARTIFICIAL INTELLIGENCE FEATURES 8.1. BIDHITS may provide AI FEATURES to help the USER search, filter, classify, summarise, translate, compare, explain or understand CONTENT and procurement documents. 8.2. AI responses are auxiliary and informational. They may contain errors, omissions, outdated information, inaccurate interpretations or incomplete analysis. 8.3. AI FEATURES do not replace the official tender documents, the official procurement portal, legal advice, technical advice, accounting advice, tax advice, engineering advice or any professional review required for participation in a tender. 8.4. The USER must verify every AI response in official sources before making any commercial, legal, technical, financial or operational decision. 8.5. BIDHITS is not liable for losses, errors, missed deadlines, wrong submissions, disqualification, commercial decisions or any damage resulting from reliance on AI responses without independent verification. 8.6. The USER must not submit confidential information, special personal information, personal information of third parties without authorisation, trade secrets or sensitive business information to AI FEATURES unless the USER has the right to do so and accepts that such information may be processed to provide the service, according to the Privacy Policy. 8.7. BIDHITS may log, review, store and process AI interactions for security, support, quality, service improvement, abuse prevention and legal compliance, according to the Privacy Policy. CLAUSE NINE: THIRD-PARTY LIABILITY AND INDEMNITY 9.1. The USER must defend, indemnify and hold harmless BIDHITS, its partners, managers, employees, contractors and representatives from any claims, losses, damages, fines, penalties, costs, expenses, attorney fees or liabilities arising from: 9.1.1. use of the account, password or API key; 9.1.2. breach of this Agreement; 9.1.3. unlawful, abusive or unauthorised use of the service; 9.1.4. infringement of third-party rights; 9.1.5. use, redistribution or manipulation of CONTENT; 9.1.6. participation or non-participation in procurement processes; 9.1.7. information, documents or data submitted by the USER; 9.1.8. violation of any applicable law or regulation. 9.2. BIDHITS is not responsible for information provided by the USER to public authorities, tender issuers, payment providers, partners, external websites or third parties outside BIDHITS' control. CLAUSE TEN: PAYMENT AND PENALTIES 10.1. As consideration for use of the contracted service, the USER must pay BIDHITS the amounts corresponding to the selected plan, currency, period and payment method. 10.2. Payments must be made at the time of contracting or renewal, through the payment methods made available by BIDHITS. 10.3. BIDHITS may change, add or remove payment methods, plans, prices, currencies, billing dates and commercial conditions at its discretion, without affecting amounts already paid for the current contracted period. 10.4. For overdue accounts, BIDHITS may immediately suspend, limit or block access to CONTENT and consider this Agreement terminated until full regularisation of the debt. 10.5. If the USER remains overdue after 2 (two) collection attempts, BIDHITS may use lawful collection measures, including debt collection providers, credit protection or credit reporting services where allowed by applicable law, and legal action. The USER will be responsible for reasonable collection costs, bank fees, payment provider fees, attorney fees and other expenses incurred for recovery of unpaid amounts, to the maximum extent allowed by applicable law. 10.6. The USER agrees that subscription values may be adjusted to preserve their economic value against inflation. 10.6.1. The ordinary adjustment period will be once every 12 (twelve) months. 10.6.2. If accumulated inflation exceeds 25% before the 12-month period ends, BIDHITS may anticipate the adjustment. 10.6.3. For plans contracted in South African Rand or in any currency other than Brazilian Reais, the adjustment will use the official CPI (Consumer Price Index) accumulated in the period, if positive. For South African Rand, CPI means the official Consumer Price Index published by Statistics South Africa, or any official index that replaces it. 10.6.4. For plans contracted in Brazilian Reais, the adjustment will use the IGP-M accumulated in the period, or an equivalent index that replaces it, if positive. 10.6.5. If the relevant CPI, IGP-M or replacement index is discontinued, unavailable or not suitable for the currency or country of the plan, BIDHITS may use the closest official inflation index reasonably applicable to the contracted currency. 10.7. When available, the USER may store a credit card or equivalent payment method for future payments. 10.7.1. BIDHITS will not store the full original card number. When card storage is available, only tokenised or encrypted information provided by the payment provider may be stored in a secure environment. 10.7.2. The USER may request deletion of the tokenised card or stored payment method, subject to technical and payment provider rules. 10.8. When available, the USER may choose automatic renewal. 10.8.1. By enabling automatic renewal, the USER authorises BIDHITS or its payment provider to charge the stored payment method at the time of renewal. 10.8.2. If automatic renewal payment fails, the USER must use another available payment method to remain active. 10.8.3. The USER may disable automatic renewal at any time through the ACCESS PORTAL or support channel, subject to processing time and technical availability. CLAUSE ELEVEN: TERM, CANCELLATION AND REFUNDS 11.1. This Agreement starts when the USER registers, starts a FREE TRIAL, contracts a SUBSCRIPTION or starts using the service, whichever occurs first. 11.2. For paid SUBSCRIPTIONS, the term ends at the end of the contracted period, unless renewed. 11.3. The USER may cancel the Agreement within 7 (seven) days from the day after contracting and request refund of amounts paid for that contracting, unless a different mandatory rule applies. 11.4. After this period, cancellation before the end of the contracted period may generate proportional refund only when expressly provided in this Agreement, in a commercial proposal, by BIDHITS policy or when required by mandatory applicable law. 11.5. BIDHITS may terminate this Agreement at any time without cause by sending notice to the USER. 11.6. If BIDHITS terminates the Agreement without cause before the end of a paid period, BIDHITS will refund the amount paid for the unused portion of the paid period, excluding bonus periods, free periods, discounts and courtesy access. 11.7. If the USER terminates the Agreement before the end of a paid period, BIDHITS may refund the unused portion of the paid period at its discretion or according to the commercial conditions applicable at the time of purchase, except where mandatory law requires otherwise. 11.8. No refund will be due in case of termination, suspension or blocking caused by breach of this Agreement, fraud, abusive use, unauthorised access sharing, violation of technical limits, reverse engineering, scraping, attack, unlawful use or infringement of third-party rights. 11.9. Refunds, when due, will be made through the same payment method used for purchase whenever possible. 11.10. For bank transfer refunds, the USER must provide a bank account held by the same registered company, legal entity, sole proprietor or professional user, unless BIDHITS accepts another lawful method. 11.11. BIDHITS will make reasonable efforts to process approved refunds within 30 (thirty) business days after receiving all required information. For cards, PayPal or similar methods, the effective credit date depends on the card issuer, bank or payment provider. CLAUSE TWELVE: PRIVACY, DATA PROTECTION AND COMMUNICATIONS 12.1. BIDHITS processes personal information and business information according to its Privacy Policy and applicable law, including the South African Protection of Personal Information Act, 4 of 2013, when applicable. 12.2. The USER agrees that information may be processed in Brazil, South Africa and other countries where BIDHITS or its service providers operate, according to the Privacy Policy. 12.3. The USER must not provide personal information of third parties unless it has the legal right, authority or consent required to do so. 12.4. BIDHITS may send operational e-mails, alerts, billing messages, renewal messages, security notices, support messages and service communications needed for the service. 12.5. Commercial electronic communications will be sent according to applicable law. The USER may unsubscribe from promotional communications, but this does not affect operational messages needed to provide the service. 12.6. The Privacy Policy forms part of this Agreement. CLAUSE THIRTEEN: ELECTRONIC CONTRACTING 13.1. The USER agrees that registration, electronic acceptance, click acceptance, use of the service, e-mail confirmation, payment confirmation, API use and other electronic records may prove acceptance of this Agreement. 13.2. Electronic records, logs, IP addresses, timestamps, payment records, e-mails and system records may be used as evidence of registration, use, acceptance, contracting, renewal, cancellation and communications, to the extent allowed by applicable law. 13.3. The USER agrees to receive communications electronically, including by e-mail and through notices in the ACCESS PORTAL. CLAUSE FOURTEEN: CHANGES TO THIS AGREEMENT 14.1. BIDHITS may change this Agreement to reflect legal, commercial, technical, security, operational or service changes. 14.2. Relevant changes may be communicated by e-mail, notice in the ACCESS PORTAL or publication of the updated version on the website. 14.3. If the USER does not agree with a relevant change, the USER may cancel the service by written notice before the change becomes effective. Continued use after the effective date means acceptance of the updated Agreement. 14.4. Changes will not reduce the paid period already contracted, except when required by law, security, fraud prevention, abuse prevention or technical necessity. CLAUSE FIFTEEN: GENERAL PROVISIONS 15.1. The USER may not assign or transfer rights or obligations under this Agreement without prior written authorisation from BIDHITS. 15.2. BIDHITS may assign or transfer this Agreement in case of corporate reorganisation, merger, acquisition, sale of assets, restructuring, change of control or transfer of the service. 15.3. Tolerance by either party regarding breach of this Agreement will not be considered waiver, novation or amendment. 15.4. If any clause is found invalid, illegal or unenforceable, the remaining clauses will remain valid and enforceable to the maximum extent allowed by law. 15.5. Headings are for convenience only and do not affect interpretation. 15.6. This Agreement, together with the Privacy Policy and any specific commercial proposal accepted by the USER, represents the entire agreement between the parties regarding the service. 15.7. In case of conflict between this Agreement and a specific written commercial proposal accepted by BIDHITS, the specific commercial proposal will prevail only for the matters expressly covered by it. CLAUSE SIXTEEN: APPLICABLE LAW AND FORUM 16.1. This Agreement will be interpreted mainly under the laws of the Republic of South Africa, especially rules applicable to electronic transactions, data protection, online services, business-to-business contracting and professional use, to the extent applicable to the USER and to the service. 16.2. Because BIDHITS is operated by a company based in Brazil, and without prejudice to mandatory South African law that cannot be excluded, the parties elect the courts of the District of Videira, State of Santa Catarina, Brazil, as the contractual forum to resolve disputes arising from this Agreement, excluding any other forum to the maximum extent allowed by applicable law. 16.3. The USER must also comply with all laws and regulations applicable in the place where the service is accessed or used. 16.4. Nothing in this Agreement excludes rights, warranties or remedies that cannot be excluded under mandatory applicable law. LAST UPDATED: 29/04/2026