Welcome to GoTender!

Terms & Conditions

Last updated: October 2023

Effective Date: 01.10.2023

Welcome to the GoTender.

These Terms and Conditions (Terms), including any amendments, supplements, or replacements from time to time, together with our Privacy Policy and any specific terms (Specific Terms) separately agreed upon between BOT Blue Ocean Technologies (herein after referred to as "we," "us," or "BOT Blue Ocean Technologies"), the owner of the GoTender platform, and any registered user of the Software, herein after referred to as "you" or "your," collectively form the Agreement. The Agreement outlines the respective rights and obligations of both parties concerning the Software. By utilizing the Software, you signify your agreement to abide by the terms and conditions of the Agreement. If you do not consent to all the terms and conditions stated in the Agreement, refrain from using the Software.

BOT Blue Ocean Technologies reserves the right to modify these Terms and Conditions at any time, with changes becoming effective upon the posting of modified terms on our platforms. BOT Blue Ocean Technologies will notify you of these changes by updating the "Last updated" date above and other written means (including email). Your continued use of the Software after such changes indicates your acceptance of the updated terms.

1. Interpretation

Definitions: Terms capitalized herein have the meanings set forth above or as defined in these Terms and Conditions:

  • Administrator: Refers to the person named in the Subscription Plan, serving as your billing and primary contact for BOT Blue Ocean Technologies. A separate billing contact may also be nominated.
  • Authorized User: Denotes any individual granted access to the Software by the Administrator in accordance with this Agreement.
  • Business Day: Refers to a day that is not a Saturday, Sunday, or public holiday in Cologne, Germany.
  • Intellectual Property Rights: Encompasses brand names, trademarks, service marks, trade names, copyrights, patents, licenses, designs, and related property.
  • Malicious Code: Encompasses any software, code, program, or device that may disrupt or damage computer systems, networks, or data.
  • Privacy Policy: Refers to the GoTender Privacy Policy, accessible at www.gotender.eu/privacy-policy as amended periodically.
  • Software: Signifies the GoTender software offered on a software-as-a-service basis and accessible through our platforms.
  • Subscription Fees: Denote the charges for accessing and using the Software as specified in your Subscription Plan.
  • Subscription Plan: Encompasses Specific Terms, included features, access restrictions, and usage limits pertinent to your pricing plan.
  • Third Party Provider: Denotes a third party providing services essential to the Software's provision.
  • Trial: Refers to any no-cost trial of the Software provided under the Subscription Plan.
  • Sites: Signifies the website itself, including the app or website, through which you access the Software.
  • Your Data: Refers to data input by you on behalf of your organization for Software use.

2. Access to Software

BOT Blue Ocean Technologies grants you a non-exclusive, revocable license to access and use the Software for internal business purposes according to the Agreement. The Administrator manages Software use by Authorized Users within your organization and utilizes control functions as outlined in the Subscription Plan. When using the Software for an entity, you confirm authority to bind that entity as per this Agreement. Your access and use of the Software are subject to compliance with the Agreement and are restricted to use within the countries specified and the authorized user count defined in the Subscription Plan. You agree to maintain secure logins and passwords, grant BOT Blue Ocean Technologies access for audits, and promptly disable unauthorized access.

You will not attempt unauthorized actions, reverse engineering, or copying of the Software.

3. Your Data

If you provide personal data, the Privacy Policy applies. You warrant the legality and quality of Your Data, and BOT Blue Ocean Technologies will use reasonable measures to secure and backup data. You acknowledge BOT Blue Ocean Technologies is not liable for third-party actions affecting Your Data.Your Data may be used for Agreement-related purposes, including performance evaluation, data analysis, and compliance with legal obligations.BOT uses Google Analytics, a web analytics service provided by Google, to collect and analyze data about user behavior on our website. This information helps us understand user interactions, improve user experience, and optimize our services.Google Analytics may collect various types of data, including but not limited to, user interactions, session information, and demographic details. You can opt out of Google Analytics tracking by installing the Google Analytics Opt-out Browser Add-on.

4. Your Obligations

You will cooperate and comply with applicable laws, perform obligations in a timely manner, and use the Software as per the Agreement. You will ensure network compliance with BOT Blue Ocean Technologies' specifications, maintain network connections, and promptly notify BOT Blue Ocean Technologies of any unauthorized access.

5. Charges and Payments

Subscription Fees will be paid as per the Subscription Plan. This platform utilizes the services of Stripe, a third-party payment processor, to facilitate secure and efficient online transactions. By using our services, you agree to be bound by Stripe's terms of service in conjunction with our own Terms & Conditions.

By providing payment information, you authorize us and Stripe to process and store your payment details. We employ industry-standard security measures to protect your payment information. However, we do not store or retain your complete payment details on our servers. Upon successful payment, you will receive a confirmation email, and your transaction details will be logged in your account.

Subscription Fee changes will be notified in advance.

6. Intellectual Property Rights

BOT Blue Ocean Technologies owns Intellectual Property Rights in the Software, Sites, Trial, and GoTender Content. You may not use GoTender Content without BOT Blue Ocean Technologies' written consent. You own Intellectual Property Rights in Your Data, granting BOT Blue Ocean Technologies a non-exclusive right for performance under the Agreement.

7. Confidentiality

Confidential information must be kept confidential and used only for Agreement-related purposes. Information maybe disclosed to relevant parties involved, and exceptions apply as per the Agreement.

8. Warranties and Liability

BOT Blue Ocean Technologies warrants Software functionality and absence of Malicious Code. BOT Blue Ocean Technologies is not liable for non-conformance caused by misuse or unauthorized modification. BOT Blue Ocean Technologies' liability is limited as per the Agreement, and it does not guarantee certain Software aspects. BOT Blue Ocean Technologies is not liable for Third Party Providers' services or suppliers' actions. The Software is provided "as is," and BOT Blue Ocean Technologies excludes warranties except as explicitly stated.

9. Term and Termination

The Agreement continues until termination as per the Agreement. Either party may terminate due to material breach or insolvency. Termination results in Software cessation, possible data disposal, andimpact on Subscription Fees.

10. Disputes

Disputes must be notified in writing, and parties will endeavor to resolve them. Unresolved disputes may lead to arbitration. Pending dispute resolution, parties must fulfill their obligations.

11. Force Majeure

BOT Blue Ocean Technologies is not liable for events beyond its control.

12. General

Notices will be in writing. Assignment is subject to prior written consent. The Agreement supersedes previous agreements. The Agreement doesn't create a partnership or agency relationship. Waivers must be in writing. If a provision is invalid, other provisions remain. Rights may be exercised independently. The Agreement is governed by the laws of Germany.

If you have any questions or require assistance, please don't hesitate to reach out to our support team at support@gotender.eu.