TenderWise Terms of Service

Last updated: 2026-06-25

1. Introduction and acceptance

These Terms of Service ("Terms") govern your access to and use of the TenderWise platform, website, and related services (collectively, the "Service"). By registering for, accessing, or using the Service, you agree to be bound by these Terms and all terms incorporated by reference.

If you are entering into these Terms on behalf of an organisation (e.g., a company, close corporation, or trust), you represent and warrant that you have the authority to bind that organisation to these Terms. In that case, "you" and "your" will refer to that organisation.

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

  • "Account" means the user account created to access the Service.
  • "Content" means all information, text, data, documents, files, and materials uploaded, submitted, or made available through the Service by users.
  • "Platform" means the TenderWise website, mobile site, and any associated applications.
  • "Subscription" means a paid plan granting access to premium features of the Service.
  • "AI Summaries" means automated summaries, extracts, or analyses generated by artificial intelligence models integrated into the Service.
  • "User", "you", "your" means any individual or entity that accesses or uses the Service.

3. Eligibility and registration

To use the Service, you represent and warrant that:

  • You are at least 18 years old or the age of majority in your jurisdiction.
  • You have the legal capacity to enter into a binding agreement.
  • You are not located in a country subject to a South African government embargo or designated as a high-risk jurisdiction.
  • You are not on any South African or international restricted or sanctioned persons list.
  • All registration information you provide is accurate, current, and complete.

You must maintain the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorised access or use. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

4. Description of services

The TenderWise platform provides a centralised service for discovering, tracking, and managing tender and RFQ opportunities relevant to South African SMEs. Features include:

  • Aggregation and display of tender and RFQ opportunities from various public and private sources.
  • Customisable search filters, saved searches, and email/notification alerts.
  • AI-generated tender summaries, key date extraction, and requirement analysis ("AI Summaries").
  • Document storage and management for tender applications.
  • Subscription-based access to premium features, detailed tender documents, and advanced analytics.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice. Features may change as the platform evolves, and we are not obligated to maintain any particular feature.

5. Account types and subscriptions

5.1 Free accounts

Free accounts provide limited access to the Service, including a restricted number of tender views, basic search filters, and limited alerts. We reserve the right to modify free account features at any time.

5.2 Paid subscriptions

Paid subscriptions ("Pro" or other named plans) provide access to additional features including unlimited tender views, full tender document access, advanced analytics, priority support, and AI-generated summaries. Subscription fees, billing cycles, and included features are described on our pricing page and are incorporated into these Terms.

5.3 Billing and payment

Subscription fees are billed in advance on a monthly or annual basis, as selected during registration. All fees are exclusive of VAT and any applicable taxes, which will be added at the prevailing rate. Payment is processed through our third-party payment processors (Yoco, PayFast, or similar). By providing payment information, you authorise us to charge the applicable fees using your chosen payment method.

5.4 Automatic renewal

Subscriptions automatically renew at the end of each billing period unless cancelled at least 48 hours before the renewal date. You may cancel auto-renewal at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

5.5 Fee changes

We may change subscription fees with 30 days' prior notice. Fee changes take effect at the start of the next billing period. If you do not agree to the fee change, you may cancel your subscription before the change takes effect.

6. Refunds and cancellation

Refund requests must be submitted within 7 calendar days of the first paid subscription charge. Charges older than 7 calendar days are generally non-refundable. You may cancel your subscription at any time to prevent future charges. For full details, see our Refund Policy at /refunds.

7. Acceptable use

You agree not to misuse the Service. Prohibited activities include:

  • Using the Service for any unlawful purpose or in violation of any applicable South African or international law.
  • Accessing, scraping, or crawling the Service using automated means (bots, scrapers, spiders) without our prior written consent.
  • Interfering with or disrupting the integrity or performance of the Service or the servers and networks hosting the Service.
  • Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
  • Uploading or transmitting viruses, malware, or any malicious code.
  • Attempting to gain unauthorised access to any part of the Service, other user accounts, or our systems.
  • Uploading, posting, or transmitting any content that is defamatory, discriminatory, hateful, or harassing.
  • Using the Service to send unsolicited communications (spam).
  • Using the Service in any manner that could disable, overburden, or impair the Service.
  • Sharing account credentials or providing access to the Service to unauthorised users.
  • Reselling or sublicensing access to the Service without our express written permission.

We reserve the right to investigate and take appropriate action against any violation of this section, including suspending or terminating your account.

8. User content and data

8.1 Ownership

You retain all ownership rights and intellectual property rights in the content you upload, submit, or store on the Service ("User Content"). We do not claim ownership of your User Content.

8.2 Licence to operate

By submitting User Content to the Service, you grant us a non-exclusive, royalty-free, worldwide, sub-licensable licence to use, reproduce, process, adapt, modify, publish, transmit, and display your User Content solely for the purpose of providing, operating, improving, and promoting the Service. This licence ends when you delete your User Content or close your account, except where retention is required for legal or operational purposes.

8.3 Representations and warranties

You represent and warrant that: (a) you own or have the necessary licences and permissions to submit your User Content; (b) your User Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party; and (c) your User Content complies with these Terms and all applicable laws.

9. AI summaries and disclaimers

The Service includes AI-generated summaries, extracts, and analyses of tender documents ("AI Summaries"). These are provided as supplementary tools to assist with initial assessment and are not a substitute for reading the full, original tender documentation.

You acknowledge and agree that:

  • AI Summaries may contain errors, omissions, or inaccuracies and should be independently verified.
  • AI Summaries do not constitute professional, legal, financial, or technical advice.
  • You are solely responsible for verifying all tender requirements, deadlines, submission criteria, and terms before relying on AI Summaries.
  • We disclaim all liability arising from your reliance on AI Summaries.
  • AI Summaries are generated using third-party AI models; we do not guarantee the accuracy, completeness, or timeliness of AI-generated content.

10. Intellectual property

The Service, including all software, code, design, text, graphics, logos, icons, images, audio clips, data compilations, and the selection and arrangement thereof (collectively, "TenderWise IP"), is owned by or licensed to TenderWise and is protected by South African and international copyright, trade mark, and other intellectual property laws.

Trade marks, service marks, and logos used in connection with the Service ("TenderWise Marks") are owned by or licensed to TenderWise. Nothing in these Terms grants you any right to use any TenderWise Marks without our prior written consent.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes. You may not reproduce, modify, distribute, reverse engineer, decompile, create derivative works from, or commercially exploit any part of the Service without our prior written consent.

11. Third-party services and content

The Service may integrate with or link to third-party services, websites, and content, including government tender portals and payment processing platforms. We are not responsible for the availability, accuracy, or content of such third-party services. Your use of third-party services is governed by their respective terms and policies.

12. Termination

12.1 Termination by you

You may terminate your account at any time through your account settings or by contacting us. Termination is effective immediately upon our confirmation. Paid subscriptions remain active until the end of the current billing period; no prorated refunds are provided except as set out in our Refund Policy.

12.2 Termination by us

We may suspend or terminate your access to the Service at any time, without prior notice or liability, if:

  • You breach any provision of these Terms.
  • Your conduct could harm other users, third parties, or the Service.
  • We are required to do so by law or regulatory authority.
  • We decide to discontinue the Service (with reasonable notice where practicable).

12.3 Effect of termination

Upon termination: (a) your right to access the Service ceases immediately; (b) we may delete your User Content and account data after 90 days unless retention is required by law; and (c) sections of these Terms that by their nature should survive termination will survive, including Intellectual Property, Limitation of Liability, Dispute Resolution, and Indemnification.

13. Indemnification

You agree to indemnify, defend, and hold harmless TenderWise, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use of the Service in violation of these Terms.
  • Your User Content that infringes any third-party right.
  • Your violation of any applicable law or regulation.
  • Any dispute between you and another user of the Service.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENDERWISE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
  • WARRANTIES THAT THE INFORMATION, CONTENT, OR AI SUMMARIES PROVIDED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, OR RELIABLE.
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TenderWise does not guarantee that any particular tender or RFQ opportunity will be available, accurate, or awarded. Tender information is sourced from third-party portals and we are not responsible for errors, omissions, or changes made by the issuing entities.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW, IN NO EVENT SHALL TENDERWISE, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
  • ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR BUSINESS OPPORTUNITY.
  • ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
  • ANY DAMAGES ARISING FROM RELIANCE ON AI SUMMARIES OR TENDER INFORMATION.
  • ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION.
  • ANY CLAIMS BASED ON TENDER OUTCOMES, AWARD DECISIONS, OR BID EVALUATIONS.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO TENDERWISE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ZAR 5,000.

The limitations in this section do not apply to liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

16. Dispute resolution and governing law

16.1 Governing law

These Terms and any disputes arising out of or relating to them are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

16.2 Informal resolution

Before initiating any formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at legal@tenderwise.co.za. We will work with you in good faith to resolve the matter. If the dispute is not resolved within 30 days of our receipt of your notice, either party may proceed as set out below.

16.3 Arbitration

Any dispute arising out of or in connection with these Terms that cannot be resolved informally shall be finally and exclusively resolved by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa ("AFSA"). The arbitration shall be held in Cape Town, South Africa, in English. The decision of the arbitrator shall be final and binding and may be enforced in any competent court.

16.4 Jurisdiction

Notwithstanding the arbitration clause, either party may seek urgent interim or equitable relief from the courts of South Africa pending the final determination of arbitration. The parties consent to the exclusive jurisdiction of the Western Cape Division of the High Court of South Africa for this purpose.

17. Service level and availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We reserve the right to perform scheduled maintenance, which may temporarily affect availability. We will make reasonable efforts to notify users in advance of planned maintenance.

We are not liable for any unavailability caused by factors outside our reasonable control, including third-party service provider outages, internet connectivity issues, force majeure events, or governmental actions.

18. Force majeure

Neither party shall be liable for any failure or delay in performing obligations under these Terms (excluding payment obligations) where such failure or delay arises from causes beyond that party's reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemics, government action, strikes, or failure of third-party infrastructure.

19. General provisions

19.1 Entire agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and TenderWise regarding your use of the Service and supersede all prior agreements and understandings.

19.2 Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party. Failure to enforce any provision shall not constitute a waiver.

19.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

19.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

19.5 Notices

We may provide notices to you via the email address associated with your account or through in-platform notifications. Notices will be deemed received at the time of transmission.

19.6 Electronic communications

By using the Service, you consent to receive communications from us electronically (email, in-app notifications). You agree that all notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

20. Modifications to these Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you may terminate your account before the changes take effect.

21. Contact information

For questions, complaints, or legal notices regarding these Terms, please contact us:

Email: legal@tenderwise.co.za
Response time: We aim to respond within 5 business days.

This document is a general template and does not constitute legal advice. For binding terms tailored to your business, consult qualified South African legal counsel.

Terms of Service — TenderWise | TenderWise