Agreement parties
These Terms constitute a legally binding agreement between the operator of TenderKosh ("TenderKosh", "Company", "we", "us" or "our") and the person or entity that purchases, activates or uses a subscription ("Subscriber", "you" or "your").
1
Clause 1
Definitions and Interpretation
1.1
“Platform” means the TenderKosh web application, mobile application (if any), APIs, dashboards, notifications, reports and all associated services made available by the Company.
1.2
“Subscription” means the paid or trial plan purchased or activated by the Subscriber, granting access to the Platform for a defined Subscription Term and subject to defined usage limits.
1.3
“Points” or “Credits” means the consumption units allotted under a Subscription Plan, which are debited when the Subscriber uses metered features such as tender document extraction, BOQ analysis, AI risk scoring, competitor intelligence reports or similar features.
1.4
“Subscription Term” means the period for which the Subscription is valid, as stated on the pricing page, order confirmation and tax invoice.
1.5
“Tender Data” means tender notices, corrigenda, bid documents, BOQ data, eligibility criteria, award data, bidder data and related information aggregated by the Platform from public government procurement portals and other publicly available sources.
1.6
“Subscriber Content” means any document, data, file or information uploaded, entered or transmitted by the Subscriber to the Platform.
1.7
“Authorised User” means an individual employee or authorised representative of the Subscriber permitted to access the Platform under the Subscriber's account, within the seat limit of the applicable Plan.
1.8
Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa.
2
Clause 2
Eligibility and Account Registration
2.1
The Platform is intended solely for business use by organisations that participate in, or intend to participate in, public procurement processes in India. It is not intended for consumers or for personal, household or domestic use.
2.2
You must be at least 18 years of age and legally competent to contract under the Indian Contract Act, 1872.
2.3
You agree to provide accurate, current and complete registration information, including a valid mobile number, business e-mail address and, where applicable, GSTIN, and to keep it updated.
2.4
You are responsible for maintaining the confidentiality of login credentials and OTPs, and for all activity under your account. Unauthorised access must be reported immediately to support@tenderkosh.com.
2.5
Account credentials are personal to each Authorised User. Sharing a single login among multiple individuals or organisations is prohibited and may result in suspension without refund.
3
Clause 3
Subscription Plans, Points and Usage Limits
3.1
The Company offers plans published on the pricing page, which may include a Free Trial and paid tiers. Features, Point allocations, seat limits, sector coverage and notification limits are those stated at purchase.
3.2
Points are allotted for the Subscription Term and consumed on metered features. Unless expressly stated otherwise:
- Points do not carry forward and expire on expiry or termination of the Subscription.
- Points have no monetary value and are not redeemable for cash, refundable, transferable or exchangeable.
- Top-up Points may be purchased at then-published rates and expire with the underlying Subscription Term.
3.3
Points debited for a successfully executed action are not reversible, except where a verified Platform defect caused the failure, in which case the Company may re-credit them at its discretion.
3.4
The Company may apply fair-use limits, rate limits and anti-abuse thresholds. Usage materially inconsistent with normal business usage, or appearing automated, may be throttled or suspended.
3.5
The Company may add, modify, enhance or discontinue features. If a material core feature is permanently discontinued during a paid term, the Company may provide a substantially equivalent feature or a pro-rata credit for the unexpired term.
4
Clause 4
Free Trial
4.1
The Company may offer a Free Trial with limited features, limited Points and a limited duration, at its sole discretion and subject to eligibility verification.
4.2
The Free Trial is provided on an “as-is” basis without any service level commitment and may be modified, limited or withdrawn at any time.
4.3
Only one Free Trial is permitted per organisation. Creating multiple accounts to obtain repeated trials is a breach of these Terms and may result in permanent blocking of the account and associated identifiers.
4.4
The Free Trial will not automatically convert into a paid Subscription. No payment instrument will be charged unless you expressly place a paid order.
5
Clause 5
Fees, Payment, Taxes and Invoicing
5.1
Subscription fees are those displayed on the pricing page at purchase and are payable in INR in advance for the full Subscription Term.
5.2
Fees are exclusive of GST and other applicable statutory levies, which are charged additionally at the prevailing rate as CGST/SGST or IGST according to applicable place-of-supply law.
5.3
A tax invoice will be issued to the registered e-mail address. The Subscriber is responsible for providing the correct GSTIN and legal name before payment.
5.4
Payments are processed by third-party gateways. The Company does not store card, UPI or bank credentials. Gateway, bank and currency-conversion charges are to the Subscriber's account.
5.5
Promotional, founder or launch pricing applies only to the specific Subscription Term for which it is availed. Future terms and renewals may use revised pricing, but revisions do not apply retrospectively to an already-paid term.
5.6
Non-payment, failed payment, chargeback or payment reversal may result in immediate suspension or termination.
6
Clause 6
Term, Renewal and Cancellation
6.1
The Subscription starts on activation and continues for the Subscription Term purchased.
6.2
Subscriptions do not renew automatically unless the Subscriber expressly opts for auto-renewal. Where active, renewal is for a like term at the then-prevailing price and the Company will endeavour to send a reminder at least seven days before renewal.
6.3
Auto-renewal may be disabled at any time from account settings or by writing to support@tenderkosh.com. Access continues through the current paid term.
6.4
Cancellation during a Subscription Term terminates future renewals but does not entitle the Subscriber to a refund of current-term fees except as expressly provided in Clause 7.
7
Clause 7
Refund Policy
7.1
Subscription fees are non-refundable once the Subscription is activated, except as expressly stated in this Clause 7. A Free Trial is provided so the Subscriber can evaluate the Platform before purchase.
7.2
A full refund will be processed where:
- payment was debited but the Subscription was not activated and the Company cannot activate it;
- a duplicate payment was made for the same Subscription; or
- the Company terminates for convenience under Clause 12.4, in which case a pro-rata refund of the unexpired term is made.
7.3
Eligible refund requests must be raised at billing@tenderkosh.com within seven days of the transaction with the order reference and payment details. Approved refunds are processed to the original payment method within seven to fourteen business days, subject to gateway and banking timelines.
7.4
No refund is payable because of dissatisfaction with tender outcomes, non-use or under-use, lack of matching tenders, inaccuracies originating from government portals, or suspension/termination resulting from the Subscriber's breach.
8
Clause 8
Nature of the Service – Important Subscriber Acknowledgements
This Clause 8 is fundamental to the bargain between the parties and the pricing of the Subscription. Please read it carefully.
8.1
TenderKosh is an information aggregation, extraction and analytics tool. It collects Tender Data from publicly accessible government procurement portals and other public sources, then applies automated processing and AI to organise, summarise, score and present that information.
8.2
The Company is not a party to any tender or procurement process and is not an agent, consultant, representative, broker or facilitator of the Subscriber, any procuring entity or any government body. It has no government affiliation or endorsement.
8.3
Tender Data comes from third-party portals outside the Company's control. Those portals may publish incomplete, delayed, incorrect or amended information, issue corrigenda, change deadlines or become unavailable. The Company therefore does not warrant accuracy, completeness, timeliness, currency or continued availability.
8.4
AI-generated outputs, including eligibility assessments, BOQ analysis, risk scores, summaries, competitor intelligence and recommendations, are automated, probabilistic and indicative only and may contain errors, omissions or misinterpretations.
8.5
YOU MUST INDEPENDENTLY VERIFY ALL TENDER INFORMATION — including eligibility, qualification requirements, EMD/performance security, BOQ items, deadlines, corrigenda and submission procedures — directly from the official tender document and official procurement portal before making a bid decision or incurring cost.
8.6
Nothing on the Platform constitutes legal, tax, financial, technical, engineering or professional advice. Independent professional advice should be obtained where appropriate.
8.7
The Company does not guarantee that use of the Platform will result in qualification, shortlisting, tender wins, or increased business, revenue or profitability.
8.8
The Subscriber remains solely responsible for bid decisions, preparation, pricing, documentation, digital-signature usage, portal submissions and compliance with tender conditions and applicable law.
9
Clause 9
Acceptable Use and Restrictions
The Subscriber shall not, and shall ensure Authorised Users do not:
- resell, sublicense, rent, lease, distribute, syndicate, republish or otherwise commercially exploit the Platform, Tender Data, reports or outputs;
- share credentials or Platform access with anyone who is not an Authorised User unless expressly permitted in writing;
- use robots, spiders, scrapers, crawlers, scripts, automated agents or bulk extraction methods, or attempt to circumvent Point limits, rate limits or paywalls;
- reverse engineer or attempt to derive source code, models, prompts, weights, algorithms or database structure except where such restriction is prohibited by law;
- use the Platform or its outputs to build, train, benchmark or improve a competing product, dataset or service;
- upload unlawful, defamatory, obscene, infringing, malicious or unauthorised content;
- interfere with, disrupt, probe, penetration-test or attempt unauthorised access to the Platform or another subscriber's account;
- use the Platform unlawfully or in violation of procurement rules, competition law or tender integrity/confidentiality obligations, including collusive bidding or bid rigging; or
- misrepresent affiliation with or endorsement by the Company or any government authority.
9.1
Breach of this Clause 9 entitles the Company to suspend or terminate the Subscription immediately, without refund, and pursue available legal remedies.
10
Clause 10
Intellectual Property
10.1
All intellectual property rights in the Platform — including software, source code, architecture, models, prompts, UI, design, database structure, curated/enriched datasets, analytics methodologies, scoring logic, reports, documentation, “TenderKosh”, “TENDERकोष”, logos and brand elements — vest in the Company or its licensors.
10.2
Subject to payment and compliance, the Company grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Platform for the Subscriber's internal business purposes during the Subscription Term.
10.3
Underlying raw tender notices published by government authorities are public records. The Company claims no proprietary right in those raw records but does claim rights in aggregation, structuring, enrichment, extraction, analysis, scoring and presentation.
10.4
The Subscriber may internally use and print Platform reports for its own bidding purposes, but may not remove proprietary notices or attribute them to a third party.
10.5
No rights are granted except as expressly stated. All other rights are reserved.
11
Clause 11
Subscriber Data, Confidentiality and Privacy
11.1
The Subscriber retains ownership of Subscriber Content and grants the Company a limited licence to host, store, process, transmit and display it only as needed to provide the Platform, support, security and backups.
11.2
Personal data is processed in accordance with the Privacy Policy at www.tenderkosh.com/privacy-policy and the Digital Personal Data Protection Act, 2023 and applicable rules.
11.3
AI inference for core extraction and analysis features is performed on infrastructure controlled by the Company. Confidential Subscriber Content — including uploaded bid documents, BOQs, pricing or costing data — will not be used to train models made available to other subscribers or disclosed to third parties except with consent, to bound sub-processors strictly for service delivery, or where legally required.
11.4
The Company may use aggregated, de-identified and non-attributable usage statistics for improvement, security, benchmarking and reporting, provided they do not identify the Subscriber or reveal confidential information.
11.5
Reasonable technical and organisational security measures are implemented, but absolute security cannot be guaranteed.
11.6
After expiry or termination, Subscriber Content may be retained for thirty days for reactivation or export and may then be deleted unless law requires retention. The Subscriber is responsible for exporting its data before expiry.
11.7
By subscribing, the Subscriber consents to transactional/service communications by e-mail, SMS, WhatsApp and voice call. Marketing communications may be opted out of; transactional communications cannot be opted out of while the Subscription is active.
12
Clause 12
Service Availability, Support, Suspension and Termination
12.1
The Company will use commercially reasonable efforts to keep the Platform available but does not warrant uninterrupted or error-free operation. Maintenance, third-party portal outages, internet failures and force majeure may cause downtime.
12.2
Support is provided by e-mail at support@tenderkosh.com on business days and through other published channels. Published response targets are targets, not guarantees, unless a separate written SLA is executed.
12.3
Access may be suspended immediately, with or without notice, for breach, overdue/reversed/charged-back payment, security/integrity protection, or legal requirement.
12.4
The Company may terminate a Subscription for convenience on thirty days' written notice, in which case a pro-rata refund of the unexpired term will be made and is the Subscriber's sole remedy for such termination.
12.5
Either party may terminate for material breach if not cured within fifteen days of written notice.
12.6
On termination or expiry, the Clause 10.2 licence ceases, unused Points lapse and the Subscriber must stop using the Platform.
12.7
Clauses 5 (for accrued dues), 7, 8, 9, 10, 11, 13, 14, 15, 17 and 18 survive termination or expiry.
13
Clause 13
Disclaimer of Warranties
13.1
To the maximum extent permitted by law, the Platform, Tender Data, AI-generated outputs and reports are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind.
13.2
The Company disclaims implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement and warranties arising from course of dealing or usage of trade.
13.3
No oral or written advice or information obtained from the Company or Platform creates a warranty not expressly stated in these Terms.
14
Clause 14
Limitation of Liability
14.1
To the maximum extent permitted by law, the Company and its directors, officers, employees, agents and licensors are not liable for indirect, incidental, special, consequential, punitive or exemplary damages, or loss of profit, revenue, business, contract, opportunity, goodwill, anticipated savings, or data.
14.2
Without limiting Clause 14.1, the Company is not liable for:
- missed, delayed, incorrectly categorised or non-notified tender opportunities;
- forfeiture or non-refund of EMD, bid security, performance security or similar amounts;
- disqualification, rejection, blacklisting, debarment or adverse evaluation of a bid;
- errors, omissions, delays, corrigenda, withdrawals or changes published by government portals/procuring entities;
- inaccuracy in AI-generated eligibility assessments, BOQ extraction, risk scores, competitor analysis or summaries;
- cost incurred in preparing, submitting or pursuing any bid; or
- downtime or failure of third-party portals, payment gateways, telecom, cloud or communications services.
14.3
The Company's aggregate cumulative liability connected with these Terms or the Platform will not exceed the subscription fees, excluding taxes, actually received from the Subscriber during the three months immediately preceding the event giving rise to the claim.
14.4
The Subscriber acknowledges these limitations as a reasonable and essential basis of the bargain and pricing of the Subscription.
14.5
Nothing excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or wilful misconduct.
15
Clause 15
Indemnity
15.1
The Subscriber shall indemnify, defend and hold harmless the Company and its directors, officers, employees and agents from claims, demands, proceedings, losses, damages, liabilities, penalties, costs and expenses (including reasonable legal fees) arising from the Subscriber's breach, Subscriber Content or unauthorised disclosure, tender participation/dealings, violation of law or third-party rights, or misuse by the Subscriber or its Authorised Users.
16
Clause 16
Force Majeure
16.1
The Company is not liable for failure or delay caused by events beyond its reasonable control, including acts of God, natural disaster, epidemic/pandemic, war, terrorism, riot, civil unrest, strike, governmental action, change in law, internet/telecom failure, power failure, cyber-attack, or failure/outage of cloud, hosting, payment or third-party portal services.
17
Clause 17
Governing Law and Dispute Resolution
17.1
These Terms are governed by and construed in accordance with the laws of India.
17.2
The parties will first attempt to resolve disputes amicably through good-faith discussion within thirty days of written notice.
17.3
Failing amicable resolution, the dispute will be finally resolved by arbitration before a sole arbitrator appointed by the Company under the Arbitration and Conciliation Act, 1996, as amended. The seat and venue are New Delhi and the language is English. The award is final and binding.
17.4
Subject to Clause 17.3, New Delhi courts have exclusive jurisdiction. Either party may still seek urgent interim or injunctive relief from a competent court.
18
Clause 18
General Provisions
18.1
Amendment. The Company may amend these Terms. Revised Terms will be published with a revised effective date, and material changes will be notified at least fifteen days in advance. Continued use after the effective date constitutes acceptance. Amendments will not retrospectively increase fees for a term already paid.
18.2
Assignment. The Subscriber may not assign or transfer the Subscription or rights under these Terms without prior written consent. The Company may assign these Terms in a merger, acquisition, restructuring or asset sale.
18.3
Entire Agreement. These Terms, together with the Privacy Policy, pricing page and order confirmation, constitute the entire agreement relating to the subject matter.
18.4
Order of Precedence. A separately executed written agreement prevails over these Terms; these Terms prevail over other documents.
18.5
No Waiver. Failure or delay in enforcement is not a waiver.
18.6
Severability. Invalid or unenforceable provisions are severed/read down to the minimum necessary; the remainder continues in force.
18.7
Relationship. Nothing creates a partnership, joint venture, employment, franchise or agency relationship.
18.8
No Third-Party Rights. These Terms benefit the parties only and confer no third-party rights.
18.9
Publicity. The Company may reference the Subscriber's name and logo as a customer unless the Subscriber objects in writing to marketing@tenderkosh.com.
18.10
Notices. Notices to the Company go to legal@tenderkosh.com and the registered office. Notices to the Subscriber go to the account e-mail and are deemed received on transmission.
19
Clause 19
Grievance Redressal
19.1
In accordance with the Information Technology Act, 2000, applicable rules and the Consumer Protection (E-Commerce) Rules, 2020, the Grievance Officer may be contacted at:
- Designation
- Grievance Officer
- grievance@tenderkosh.com
- Working hours
- Monday to Friday, 10:00 to 18:00 IST
19.2
Complaints will be acknowledged within forty-eight hours and endeavoured to be resolved within fifteen days of receipt.
20
Clause 20
Acceptance
By purchasing, activating or continuing to use a TenderKosh Subscription, the Subscriber confirms that it has read, understood and agreed to these Terms and Conditions and specifically acknowledges Clauses 7 (Refund Policy), 8 (Nature of the Service), 13 (Disclaimer of Warranties) and 14 (Limitation of Liability).