Acceptance of Terms.
By using the Tender Creator platform (“the Platform”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use the Platform.
Effective Date: March 14, 2025
Please read these Terms of Use (the "Agreement") carefully. By clicking "I agree" (or a similar checkbox or button), accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree with any of these terms, do not so click, access or use the Services.
This Agreement is between you and Cognitive Creators Pty Ltd ("TenderCreator.ai" or "we" or "us") concerning your use of the Services. The "Services" means TenderCreator.ai's platform and online or cloud-based services made available by or for TenderCreator.ai (including the features, functionalities, AI capabilities, interfaces, software, tools, and other materials contained therein).
This Agreement hereby incorporates by this reference any additional terms and conditions posted by TenderCreator.ai through the Services, or otherwise made available to you by TenderCreator.ai.
BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT. THE SERVICES ARE NOT INTENDED TO BE USED, AND MUST NOT BE USED, BY CHILDREN WITHOUT INVOLVEMENT AND APPROVAL OF A PARENT OR GUARDIAN, AND FURTHER, IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR TERRITORY, IN NO CASE ARE YOU PERMITTED TO REGISTER WITH TENDERCREATOR.AI OR PROVIDE YOUR PERSONAL INFORMATION TO TENDERCREATOR.AI. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF THE COMPANY OR OTHER LEGAL ENTITY FOR WHICH YOU ACT (FOR EXAMPLE, AS AN EMPLOYEE OR CONTRACTOR), YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACT ON BEHALF OF AND BIND SUCH ENTITY.
THIS AGREEMENT CONTAINS A MANDATORY DISPUTE RESOLUTION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
We may change this Agreement from time to time by notifying you of the changes by any reasonable means, including by posting a revised Agreement through the Services. No such change will apply to any dispute between you and us arising before we notified you of the change.
Your use of the Services after any changes to this Agreement will constitute your acceptance of the changes. The "Effective Date" legend above indicates when this Agreement was last changed. The Services may evolve and change over time. We may, at any time and without liability, modify or discontinue all or part of the Services, charge, modify or waive any fees required to use the Services, or offer opportunities to some or all users. We also reserve the right to update, develop, remove or modify elements of the Services, including features, user interfaces and functionalities, for any purpose (including on an experimental basis for some or all users). TenderCreator.ai will not be liable to you for any modification, suspension, or discontinuance of the Services. We may offer Services or features that we believe require service-specific terms or guidelines. When using our Services, you agree to comply with any applicable guidelines, rules, or supplemental terms that may be posted on the Services from time to time ("Supplemental Terms"). If this Agreement conflicts with Supplemental Terms, the Supplemental Terms will govern for the applicable Service.
Your use of the Services is governed by TenderCreator.ai's Privacy Policy, located at https://www.TenderCreator.ai/legal/privacy-policy (the "Privacy Policy"). You represent and warrant that any information you provide in connection with the Services is and will remain accurate and complete, and that you will maintain and update such information as needed.
TenderCreator.ai does not share customer information, transcripts, recordings, training data, or any other customer-specific data with third parties, except as may be required to comply with legal obligations under Australian law or valid requests from law enforcement agencies. We prioritise the confidentiality and security of your data and will only use it as outlined in our Privacy Policy and this Agreement.
The Services are controlled or operated (or both) from Australia, and are not intended to subject TenderCreator.ai to any non-Australian jurisdiction or law. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services' availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Access to and use of the Services will require an individual account. The Services, and your account and any user names or passwords you use to access the Services ("Account Details"), are for your use only. You may not transfer your account to any other party, or enable any other party to access or use your account, including by sharing your Account Details. You are responsible for all use of your account and Account Details. You are solely responsible for maintaining the security and confidentiality of your Account Details, and you agree to immediately notify us of any unauthorised use of your Account Details or other security breaches. For clarity, TenderCreator.ai may, but is under no obligation to, confirm your identity. TenderCreator.ai will have the right (but not the obligation) to suspend or terminate your account if TenderCreator.ai knows or reasonably suspects any unauthorised use of any portion of the Services or any loss or theft of any username or password, or if TenderCreator.ai reasonably believes you are in breach of this Agreement, our Acceptable Use Policy, located at https://www.TenderCreator.ai/legal/acceptable-use-policy or any applicable law or regulation.
The Services may include functionality to allow you to connect your account to or access third-party services, products or technologies (including artificial intelligence technologies), or allow third party services to access your account or Customer Data (all of the foregoing, "Third Party Services"). By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Services. When you follow a link to any Third Party Services, we have no obligation to warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. This Agreement does not govern your use of another website or destination. We neither control nor endorse, nor are we responsible for, any Third Party Services, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Services, any intellectual property rights therein, or any products or services in connection therewith. Certain Third Party Services may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by TenderCreator.ai with respect to any Third Party Services or claims made about them, or the actions or inactions of any third party. We have no obligation to monitor Third Party Services, and we may block or disable access to any Third Party Services (in whole or part) through the Services at any time. In addition, the availability of any Third Party Services through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Services, nor does such availability create any legal relationship between you and any such provider. Any dealings you have with third parties while using the Services are between you and the third party, and TenderCreator.ai is not liable for any loss or claim that you may have against any third party. If you provide any confidential or personal information or engage in any transaction in connection with a Third Party Service, TenderCreator.ai is not responsible for such information or transaction, and we encourage you to read the terms of use and privacy policy of the provider or other parties collecting such information or engaging in such transaction.
YOUR ACCESS TO, USE OF OR INTERACTION WITH THIRD PARTY SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY SERVICES). ANY CLAIM OR DISPUTE ARISING FROM YOUR ACCESS TO, USE OF OR INTERACTION WITH ANY THIRD PARTY SERVICES WILL BE SOLELY BETWEEN YOU AND THE APPLICABLE THIRD-PARTY PROVIDER. UNDER NO CIRCUMSTANCES WILL TENDERCREATOR.AI BE LIABLE IN ANY WAY FOR ANY ACT OR OMISSION OF ANY THIRD-PARTY PROVIDER, OR FOR ANY INJURY, LOSS OR DAMAGE THAT YOU MAY INCUR AS A RESULT OF YOUR ACCESS TO, USE OF OR INTERACTION WITH THIRD PARTY SERVICES.
Subject to your compliance with the terms and conditions of this Agreement, we grant you a revocable, non-exclusive, non-transferable, royalty free, limited right to access and use the Services solely for your internal purposes, solely in the form made available by or for TenderCreator.ai and in accordance with the Privacy Policy and Acceptable Use Policy. In connection with the Services, TenderCreator.ai may provide customer or technical support for the Services to you via telephone, FAQs, email or through the Services, at its sole discretion.
If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. Any payments made for the Services are non-refundable, except where required by Australian Consumer Law. This Agreement does not override any mandatory local laws regarding your cancellation rights. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
We and our suppliers own all right, title and interest in and to the Services, including all modifications, derivative works, upgrades, and updates thereto, all software or materials made available by TenderCreator.ai and all related intellectual property rights related to the foregoing, which are protected by proprietary rights and laws. Any TenderCreator.ai trade names, trademarks, service marks, graphics, logos, scripts, and sounds are the intellectual property of TenderCreator.ai. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner. Except for the limited rights and licences expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, any intellectual property rights or other right, title, or interest in or to the Services.
TenderCreator.ai will never use, share, sell, license, or distribute your Customer Data, including customer data, transcripts, recordings, or training data, for any purpose whatsoever, except when explicitly required to do so by law enforcement agencies through proper legal channels. TenderCreator.ai will only access your Customer Data: (a) to provide the Services directly to you; (b) to prevent or address service or technical problems at your request in connection with support matters; or (c) as specifically compelled by law enforcement.
You own, and TenderCreator.ai acquires no right, title or interest under this Agreement in or to any Customer Data. "Customer Data" means all data, content and information made available to TenderCreator.ai by or on behalf of you in connection with the Services, including but not limited to transcripts, recordings, voice data, training data, and any other customer-specific information. Your privacy and data confidentiality are of paramount importance, and we commit to maintaining the strictest standards of data protection. You also represent that any Customer Data you make available to us is accurate and has not been altered in any way.
TenderCreator.ai prioritises the security and integrity of your data by leveraging Amazon Web Services (AWS). Our comprehensive security framework includes:
10.1 Infrastructure Security
Hosting on AWS Cloud Infrastructure: We utilise AWS's enterprise-grade cloud services, which comply with global security standards such as ISO 27001 and SOC 2, ensuring robust protection for our operations.
Virtual Private Cloud (VPC) Implementation: Our services and data are isolated within AWS VPC environments, adhering to AWS best practices for subnet configuration, security groups, and network ACLs to maintain secure network segmentation.
Network Security Controls: To safeguard our network infrastructure, we employ AWS security services, including AWS Network Firewall for traffic monitoring, Amazon GuardDuty for threat detection, and Amazon Inspector for automated vulnerability assessments.
DDoS Protection: To ensure service availability, we utilise AWS Shield for DDoS protection and AWS Web Application Firewall (WAF) to protect against application-layer attacks.
10.2 Data Protection
Encryption: All data in transit is encrypted using TLS 1.2 or higher protocols, and data at rest is secured with AES-256 encryption, following industry standards.
Security Assessments: As part of our security roadmap, we will implement regular security assessments and penetration testing by qualified professionals to strengthen our security framework.
Secure Backups: Our backup systems are encrypted and protected with stringent access controls to ensure data integrity and confidentiality.
10.3 Access Controls
Role-Based Access Control (RBAC): We implement strict RBAC policies across all internal systems to ensure users have appropriate access levels.
Multi-Factor Authentication (MFA): MFA is mandatory for all administrative access to enhance account security.
Principle of Least Privilege: Access rights are granted based on the principle of least privilege, limiting permissions to only those necessary for specific roles.
Access Reviews: Regular reviews and prompt de-provisioning of access rights are conducted to maintain security integrity.
10.4 Monitoring and Compliance
Continuous Monitoring: Our infrastructure and applications are monitored 24/7.
Logging and Auditing: Comprehensive logging and audit trails of system activities are maintained to ensure accountability and facilitate forensic analysis.
Security Training: All employees undergo regular security awareness training to stay informed about best practices and emerging threats.
Incident Response: As part of our security roadmap, we are working towards implementing documented incident response procedures with regular testing to ensure effective incident management.
While we implement these and other appropriate security measures, no method of transmission over the Internet or electronic storage is 100% secure. We strive to use commercially acceptable means to protect your data, but we cannot guarantee absolute security. We continuously evaluate and enhance our security protocols to maintain the highest standards of data protection.
Any custom voice assistants developed for a customer by TenderCreator.ai for an agreed fee will not be shared with other customers and remain for the exclusive use of the customer that paid for the development. This exclusive right applies to the specific custom voice assistant created for the customer, including its unique characteristics, training data, and functionality.
TenderCreator.ai retains ownership of the underlying technology, methodologies, and systems used to create custom voice assistants, but grants the customer an exclusive license to use the specific custom voice assistant developed for them. This exclusivity means that the exact same voice assistant will not be recreated or provided to any other customer.
The customer may not reverse engineer, decompile, or attempt to extract the underlying models or technology used to create their custom voice assistant. The customer may use their custom voice assistant only as permitted under this Agreement and in compliance with all applicable laws and regulations.
Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in output that does not accurately reflect real people, places, or facts.
Effective Date: July 21, 2024
These AI Platform Terms of Service ("AI Platform Terms") constitute a binding contract between Licensee (defined in Section 1) and Cognitive Creators ("Cognitive Creators") that govern Licensee's use of the AI Platform (defined in Section 1).
BY ACCEPTING THESE AI PLATFORM TERMS THROUGH THE REQUIRED PROCESS OR OTHERWISE ACCESSING OR USING THE AI PLATFORM, LICENSEE REPRESENTS AND WARRANTS THAT: (1) LICENSEE HAS READ AND UNDERSTANDS THESE AI PLATFORM TERMS, AND AGREES TO BE BOUND LEGALLY BY THESE AI PLATFORM TERMS; (2) LICENSEE IS EITHER AT LEAST 18 YEARS OF AGE OR HAS THE CONSENT OF A PARENT OR LEGAL GUARDIAN WHO IS AT LEAST 18 YEARS OF AGE TO USE THE AI PLATFORM AND WHO WILL SUPERVISE LICENSEE'S USE; AND (3) IF LICENSEE IS ACCESSING THE AI PLATFORM ON BEHALF OF A LEGAL ENTITY, THEN LICENSEE HAS THE AUTHORITY TO AND HEREBY DOES BIND SUCH LEGAL ENTITY TO THESE AI PLATFORM TERMS. IF LICENSEE DOES NOT AGREE WITH THESE AI PLATFORM TERMS OR OTHERWISE HAVE THE AUTHORITY TO ACCEPT THEM, THEN LICENSEE MUST REJECT THESE AI PLATFORM TERMS THROUGH THE REQUIRED PROCESS.
NO END USER MAY ENTER INTO THESE AI PLATFORM TERMS IN CONNECTION WITH ANY USE OF THE AI PLATFORM BY OR FOR THE BENEFIT OF ANY AGENCY OR INSTRUMENTALITY OF ANY GOVERNMENT. IF YOU ARE SEEKING TO ACCESS THE AI PLATFORM ON BEHALF OF ANY SUCH ENTITY, THEN YOU MUST CONTACT Cognitive Creators AT support@cognitivecreators.ai AND ENTER INTO A SEPARATELY NEGOTIATED LICENSE AGREEMENT WITH Cognitive Creators. ALL USE OF THE AI PLATFORM IN VIOLATION OF THE PRECEDING SENTENCES IN THIS PARAGRAPH CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT.
Licensee agrees that the TenderCreator.ai Confidential Information constitutes and embodies valuable TenderCreator.ai trade secrets. Licensee may use the TenderCreator.ai Confidential Information only as necessary to exercise Licensee's express rights under these AI Platform Terms and Licensee may not disclose any TenderCreator.ai Confidential Information to any third party without TenderCreator.ai's prior written consent. Licensee agrees that Licensee will protect the TenderCreator.ai Confidential Information from unauthorised access, use and disclosure in the same manner that Licensee would use to protect Licensee's own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care.
Licensee represents, warrants and covenants that: (a) the Licensee Data and the Licensee AI Agents do not, and TenderCreator.ai's use of the Licensee Data and Licensee AI Agents as permitted in these AI Platform Terms will not, infringe, misappropriate or violate the Intellectual Property Rights or other rights of any third party or any applicable laws, rules or regulations; (b) Licensee will not use the Licensee AI Agents in violation of any applicable law, rule or regulation, any third party rights or in any manner that could subject TenderCreator.ai to any laws, rules or regulations that otherwise would not apply to TenderCreator.ai; (c) Licensee has, and will continue to have, all necessary rights to grant TenderCreator.ai the rights set forth in these AI Platform Terms; (d) entering into these AI Platform Terms and performing Licensee's obligations under these AI Platform Terms do not, and will not, breach or otherwise conflict with Licensee's obligations to any third party under any contract, court order or otherwise; (e) Licensee has had the opportunity to consult with independent legal counsel prior to accepting these AI Platform Terms even if Licensee has chosen not to do so; (f) if Licensee is accessing and using the AI Platform in Licensee's individual capacity, Licensee is doing so for business purposes and not as a "consumer" as that concept is defined under applicable laws, rules and regulations; and (g) Licensee is not seeking to, and will not, access or use the AI Platform for or on behalf of any agency or instrumentality of any government. LICENSEE FURTHER REPRESENTS, WARRANTS AND COVENANTS THAT IT WILL NOT DEPLOY, IMPLEMENT OR OTHERWISE USE THE LICENSEE AGENTS IN CONNECTION WITH ANY PRODUCTS, SERVICES OR APPLICATIONS THAT COULD CONTRIBUTE (IN WHOLE OR PART) TO ANY PHYSICAL OR EMOTIONAL HARM TO ANY PERSON OR ANY DAMAGE TO TANGIBLE PROPERTY (INCLUDING IN CONNECTION WITH ANY PRODUCTS, SERVICES OR APPLICATIONS RELATED TO THE HEALTHCARE, TRANSPORTATION, MILITARY AND/OR LAW ENFORCEMENT AND ENERGY INDUSTRIES).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANY OTHER TERMS IN THESE AI PLATFORM TERMS, THE FOLLOWING TERMS APPLY:
TenderCreator.ai DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOSS OF DATA, ACCURACY OF RESULTS, OR OTHERWISE, ARISING FROM OR RELATING TO THESE AI PLATFORM TERMS AND THE TenderCreator.ai IP. WITHOUT LIMITING THE FOREGOING:
IN NO EVENT WILL TenderCreator.ai BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, TREBLE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, DATA, OR ECONOMIC ADVANTAGE, AND COSTS OF SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THESE AI PLATFORM TERMS, HOWEVER CAUSED, AND BASED ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF TenderCreator.ai HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AND TenderCreator.ai'S TOTAL LIABILITY (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO THESE AI PLATFORM TERMS WILL NOT EXCEED THE AMOUNT PAID BY LICENSEE UNDER THE ORDER(S) GIVING RISE TO THE CLAIM DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
You may not use the Services in violation of this Agreement, our Acceptable Use Policy located at [https://www.TenderCreator.ai/legal/acceptable-use-policy] (the "Acceptable Use Policy"), or any applicable laws or regulations. Without limiting the generality of the foregoing, in connection with your use of the Services, you must not, either directly or indirectly (e.g., through the use of any device, software, Internet site, web-based or app-based service or other means):
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services. You are solely responsible and liable for all your use of the Services, directly or indirectly, by or on behalf of you (including any actions taken by your AI voice agent), and whether such use is permitted by or in violation of this Agreement, Acceptable Use Policy or any applicable law or regulation. You are, at your expense, solely responsible and liable for (i) all matters relating to Customer Data, including all costs, obligations and liabilities associated with the processing and transfer of Customer Data in connection with the Services and (ii) for providing all necessary notices and disclosures, and obtaining any necessary rights, consents, permissions or authorisations (including any applicable publicity clearances and releases), related to make available Customer Data to TenderCreator.ai for (1) TenderCreator.ai's use under this Agreement, and (2) your use of the Services under this Agreement (e.g., your use of any AI voice agent developed through the Services). You are responsible for ensuring the legality and appropriateness for your use of the Services, including by utilizing commercially reasonable human review efforts as appropriate. You must not use the Services to promote discrimination, bigotry, racism, hatred, harassment, violence, or harm to any individual or group. You will promptly notify TenderCreator.ai of any unauthorised access or use of the Services.
If you provide TenderCreator.ai with any ideas for improvement, information, materials, ideas, concepts, techniques, suggestions, or other feedback with respect to the Services or any of our other products and services (collectively, "Feedback"), TenderCreator.ai will have the unrestricted right to use such Feedback for any purpose without any obligation or other payment to you.
TenderCreator.ai may monitor use of the Services and will have the right to collect and analyse data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including information and data derived therefrom) (collectively, "Analytics Data"), and TenderCreator.ai will be free (during and after the term) to use, disclose, and otherwise exploit the Analytics Data so long as any disclosure does not directly or indirectly identify you.
While we try to maintain the timeliness, integrity and security of the Services, we do not guarantee that the Services are or will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorised alterations to the Services.
The Services are for general informational purposes only, and are not intended to advise, instruct or make recommendations with respect to any particular subject, matter, material, problem, situation or individual. Please note that no portion of the Services should be relied upon for advice, in whole or in part. TenderCreator.ai is a technology service provider, and is not in the business of providing legal, financial, accounting, tax, health care, insurance, real estate or other professional service or advice, and you should consult with professionals for advice prior to making important decisions in these areas.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICES AND ANY THIRD PARTY SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) TENDERCREATOR.AI DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY THIRD PARTY SERVICES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH TENDERCREATOR.AI AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES"), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
This disclaimer does not restrict any rights you may have under the Australian Consumer Law.
You will comply with all federal, state, local and international laws, statutes, and regulations, and all applicable orders, judgments, decisions, rules, policies, opinions, attorney general opinions, or guidelines passed or issued by any regulatory authority or any competent court, in each case related to your access and use of the Services, including those related to telecommunications, use of AI, anti-spam, privacy and data security, consumer protection, unfair competition, anti-discrimination, securities and false advertising. You acknowledge and agree that TenderCreator.ai provides Services to facilitate communication on behalf of its users and customers and TenderCreator.ai is not responsible or liable for any calls, messages, or campaigns initiated using the Services including the legality, compliance, or outcomes of such calls, messages or campaigns. We may comply with governmental, court, and law enforcement requests or requirements relating to provision or use of the Services, or to information provided to or collected under this Agreement. We reserve the right, at our sole discretion, to report information from or about you, including your use of the Services, to law enforcement.
Certain Services may be offered on an "unlimited" basis. Unlimited Services may only be used for normal business purposes and exclude international calling to countries other than New Zealand (which incurs additional fees). Prohibited uses of unlimited Services include:
We do not undertake to review any Customer Data or use of our Services (including the content of calls, messages, or campaigns for compliance), and we expressly disclaim any duty or obligation to undertake any such monitoring or review. Although we have no obligation to screen, edit, or monitor Customer Data or your use of our Services, we may:
Certain Services provide a function that allows you to record individual telephone conversations. The laws regarding notice, notification, and consent requirements for recording conversations vary by state and territory in Australia. In some jurisdictions, you are required to obtain consent from all parties involved in a conversation before recording. You are solely responsible for complying with all federal, state, territory, and local laws in any relevant jurisdiction when using this feature.
Certain Services may provide a function that transcribes voice communications into text. You understand and agree that TenderCreator.ai's transcription features may not always produce accurate or complete transcriptions. Variations in audio quality, accents, background noise, or other factors may affect transcription accuracy. You are solely responsible for reviewing and verifying the accuracy of any transcription generated using the Services. Note that the laws applicable to call transcription differ by state, territory, and country. In some jurisdictions, transcribing recorded calls, recording calls, or even transcribing real-time speech during a call or video is prohibited or requires informed consent from some or all parties involved in the conversation. TenderCreator.ai recommends that you review the relevant laws of your locality or consult with an attorney regarding your specific circumstances.
Through working with Third Party Services providers, TenderCreator.ai will use reasonable efforts to facilitate number transfers or port requests for you, provided that you comply with all applicable procedures and requirements for porting between service providers. You acknowledge and understand that number porting depends on the cooperation of third parties outside of TenderCreator.ai's control. Accordingly, you agree that TenderCreator.ai will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorised porting of any telephone number by a third party. TenderCreator.ai cannot guarantee that requested telephone numbers will be available, that your existing provider will port your number, or that circumstances beyond TenderCreator.ai's control will not prevent or delay a successful port of your number for the Services. You understand and agree that TenderCreator.ai may need to change the telephone number assigned to you (due to an area code split or for other reasons), and TenderCreator.ai shall have no liability in relation to such changes.
TenderCreator.ai does not provide access to emergency services (Triple Zero - 000). By using the Services, including porting your existing numbers to TenderCreator.ai, you acknowledge that you must make alternative arrangements to reach emergency services. It is your responsibility to inform all business colleagues, household residents, guests, and other persons who may be present at your physical location that Triple Zero (000) is unavailable through the Services. TenderCreator.ai recommends that you make arrangements to place emergency calls using a traditional wireline or cellular telephone. You should not rely on TenderCreator.ai for emergency calls or access to Triple Zero (000). The Services may not support operator assisted calling (including, without limitation, collect calls, third party billing calls, premium rate services, or calling card calls). The Services may not support 131, 1300, and/or other special number calling in one or more service areas. TenderCreator.ai disclaims all responsibility and liability for any inability to contact emergency services or delays in reaching emergency responders.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) TENDERCREATOR.AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS, REVENUE, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY (INCLUDING UNAUTHORISED INTERCEPTION BY THIRD PARTIES OF ANY FEEDBACK) OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, TENDERCREATOR.AI WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) TENDERCREATOR.AI WILL NOT BE SUBJECT TO ANY INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON'S ABILITY TO ACCESS, ANY PORTION OF THE SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR IN CONNECTION WITH THE SERVICES OR ANY ACT OR OMISSION BY TENDERCREATOR.AI OR ANY OF THE AFFILIATED ENTITIES ARE NOT IRREPARABLE, AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF; (D) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES; AND (E) THE MAXIMUM AGGREGATE LIABILITY OF TENDERCREATOR.AI FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO TENDERCREATOR.AI IN THE PREVIOUS SIX (6) MONTHS SOLELY FOR THE RIGHT TO USE THE SERVICES AND (II) ONE HUNDRED AUSTRALIAN DOLLARS (A$100.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH TENDERCREATOR.AI AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
These limitations do not exclude or restrict any rights you may have under the Australian Consumer Law.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless TenderCreator.ai and the Affiliated Entities (including our and their respective successors and assigns) from and against all claims, causes of action, demands, suits, proceedings, judgments, orders, damages, liabilities, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to (a) your use (including any misuse) of, or activities in connection with, the Services, including any (i) voicemail, broadcast, fax spam, or solicitations that you may send and/or receive using the Services, (ii) your recording or transcription of telephone conversations, (iii) your inability to access emergency services (Triple Zero - 000) or delays in emergency response related to your use of Services and (iv) any calls, messages or campaigns using the Services; and (b) any violation or alleged violation of this Agreement or any applicable laws or regulations by you.
This Agreement is effective until terminated. You may stop accessing the Services at any time. TenderCreator.ai may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if TenderCreator.ai believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and TenderCreator.ai may, without liability to you or any third party, immediately deactivate or delete your account, if any, and all associated materials, without any obligation to provide any further access to such materials. Sections 1-5 and 7-28 shall survive any expiration or termination of this Agreement.
The terms of this Agreement are governed by the laws of New South Wales, Australia, without regard to its principles of conflicts of law, and regardless of your location.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, AND EXCEPT FOR TENDERCREATOR.AI'S OPTION TO BRING A CLAIM IN A COURT OF COMPETENT JURISDICTION SEEKING ONLY INJUNCTIVE RELIEF TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY'S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TENDERCREATOR.AI, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT TENDERCREATOR.AI AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the Australian Centre for International Commercial Arbitration (ACICA) under its Arbitration Rules, as amended by this Agreement. The arbitration shall take place in Sydney, New South Wales, Australia.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the ACICA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, territory or local agencies and, if the law allows, they can seek relief against us for you.
If you have a question or complaint regarding the Services, please send an e-mail to support@TenderCreator.ai. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
You are responsible for complying with Australian export controls and for any violation of such controls, including any Australian embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to an Australian government embargo or other restriction, or that has been designated by the Australian government as a "terrorist supporting" country; or (b) on any of the Australian government lists of restricted end users. You agree not to export, re-export, or transfer, directly or indirectly, any of the Services, or any Australian technical data acquired from any of the Services, or any products utilizing such data, in violation of the Australian export laws or regulations.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TenderCreator.ai. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any delay or failure on our part to enforce a provision of this Agreement is not a waiver of our right to enforce them later. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation." This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and TenderCreator.ai relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and TenderCreator.ai relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. TenderCreator.ai will not be responsible for any failure to fulfil any obligation due to any cause beyond its control.
Cognitive Creators Pty Ltd
903/50 Clarence St
Sydney NSW 2000
ABN:
45 676 471 506
Email:
support@TenderCreator.ai.
Acceptance of Terms.
By using the Tender Creator platform (“the Platform”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use the Platform.
Description of Service.
Tender Creator provides an AI-powered application designed to assist organisations with creating, managing, and optimising tender and proposal documents. The Platform enables users to upload documentation, generate structured responses, collaborate on content, and export completed tenders.
User Accounts.
To use the Platform, you must register for a user account. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
You agree to provide accurate, current, and complete information during registration and to keep this information up to date at all times.
Intellectual Property.
The Platform and all original content, features, models, and functionality are the property of Tender Creator and are protected by Australian and international intellectual property laws, including but not limited to copyright, trademark, and trade secret laws.
You may not copy, modify, distribute, reverse-engineer, or otherwise exploit any part of the Platform without prior written consent from Tender Creator.
Termination.
Tender Creator reserves the right to suspend or terminate your access to the Platform at its sole discretion and without notice if you violate these Terms or misuse the service.
Upon termination, the relevant sections of these Terms that by their nature should survive—including intellectual property, disclaimers, indemnities, and limitations of liability—shall remain in effect.
Disclaimer of Warranties
The Platform is provided “as is” and “as available.” Tender Creator makes no warranties, express or implied, about the reliability, accuracy, or availability of the service, nor does it guarantee that generated tender content will be free from error or meet specific outcomes.
Limitation of Liability
To the fullest extent permitted by law, Tender Creator shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of revenue, profits, data, or goodwill arising from:
(a) your use or inability to use the Platform;
(b) unauthorised access to or alteration of your data;
(c) any reliance placed on AI-generated content.
Governing Law
These Terms are governed by and construed in accordance with the laws of South Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Adelaide, South Australia.
Changes to Terms
Tender Creator may update these Terms at any time. The most current version will be published on the Platform and will supersede all previous versions. It is your responsibility to review the Terms periodically to stay informed of updates.
By continuing to use the Platform, you acknowledge that you have read, understood, and agree to be bound by the current Terms and Conditions.
© Copyright 2025. All Rights Reserved by Tender Creator