Terms of Service

1. Website Owner

This website and the BidEval AI platform are owned and operated by:

2. Definitions

For the purposes of these Terms, the following definitions apply:

3. Acceptance of Terms

By accessing or using the Website or the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and our Cookie Policy.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Service.

BEAI Energy, S.L. reserves the right to deny access to the Website or Platform to any User who does not comply with these Terms.

4. Description of Service

BidEval AI is a software-as-a-service (SaaS) platform designed for the energy sector that leverages artificial intelligence to streamline and enhance the bid evaluation process. The Platform provides, among other features:

• Automated analysis and comparison of bid submissions
• AI-powered scoring and ranking of bids against customizable evaluation criteria
• Document parsing and data extraction from bid materials
• Collaborative evaluation workflows for procurement teams
• Reporting and analytics dashboards
• Data export capabilities in standard formats

The specific features available to a Client depend on the Subscription plan selected. BEAI Energy, S.L. may update, modify, or enhance the Platform's functionality from time to time.

5. Account Registration

To access the Platform's features, you must create an Account. When registering, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your Account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your login credentials and not share them with any third party
• Accept responsibility for all activities that occur under your Account
• Notify BEAI Energy, S.L. immediately of any unauthorized use of your Account or any other breach of security

BEAI Energy, S.L. reserves the right to suspend or terminate any Account that contains inaccurate information or that we reasonably believe has been compromised.

6. Acceptable Use Policy

You agree to use the Website and Platform only for lawful purposes and in accordance with these Terms. You shall use the Service solely for its intended purpose of bid evaluation and related procurement activities within your organization.

You are responsible for ensuring that all Users under your Account comply with this Acceptable Use Policy. Any violation by a User under your Account shall be deemed a violation by the Client.

7. Prohibited Conduct

When using the Website or Platform, you shall not:

• Attempt to reverse engineer, decompile, disassemble, or otherwise discover the source code, algorithms, or underlying structure of the Platform
• Use automated tools, bots, scrapers, or crawlers to extract data from the Website or Platform without prior written authorization
• Introduce any viruses, trojans, worms, logic bombs, or other malicious or harmful material
• Attempt to gain unauthorized access to any portion of the Platform, other Accounts, or any systems or networks connected to the Platform
• Use the Service for any illegal, fraudulent, or unauthorized purpose, including violations of antitrust, anti-corruption, or procurement laws
• Sublicense, resell, rent, lease, or otherwise make the Platform available to any third party without BEAI Energy's prior written consent
• Circumvent or disable any security features or measures of the Platform
• Upload or transmit content that infringes the intellectual property rights of any third party
• Use the Platform in a manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service

8. Intellectual Property

9. License Grant

Subject to these Terms and payment of applicable fees, BEAI Energy, S.L. grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform during the Subscription term solely for the Client's internal business purposes.

This is a SaaS license, not a sale of software. The Client does not acquire any rights in the underlying software, and BEAI Energy, S.L. retains full ownership and control of the Platform at all times. Access is provided on a hosted basis, and no copies of the software are delivered to the Client.

The license is limited to the number of Users, features, and usage volumes specified in the applicable Subscription plan or order form.

10. Service Level Agreement

BEAI Energy, S.L. commits to providing the Platform with a target uptime of 99.5% measured on a monthly basis, excluding scheduled maintenance windows.

11. Fees and Payment

• Subscription Model: Access to the Platform is provided on a subscription basis. Fees, billing frequency, and payment terms are set forth in the applicable order form or subscription agreement.
• Invoicing: BEAI Energy, S.L. will issue invoices in accordance with the agreed billing cycle (monthly or annually). All invoices are payable within thirty (30) days of the invoice date unless otherwise agreed in writing.
• Taxes: All fees are exclusive of applicable taxes (including VAT/IVA). The Client is responsible for all taxes associated with the Service, except for taxes based on BEAI Energy's income.
• Late Payment: Overdue invoices shall accrue interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. BEAI Energy, S.L. reserves the right to suspend access to the Platform if payment is overdue by more than fifteen (15) days after written notice.
• Price Changes: BEAI Energy, S.L. may adjust subscription fees upon renewal. Clients will be notified of any price changes at least sixty (60) days before the start of the next renewal period.

12. Term and Renewal

• Initial Term: The initial subscription term begins on the date specified in the order form and continues for the period agreed upon (typically twelve months, unless otherwise specified).
• Auto-Renewal: Unless either party provides written notice of non-renewal at least thirty (30) days before the end of the then-current term, the Subscription will automatically renew for successive periods equal to the initial term.
• Cancellation: Clients may cancel their Subscription by providing written notice to beai@beaienergy.com within the notice period. Cancellation takes effect at the end of the then-current billing period. No refunds will be issued for partial periods, unless required by applicable law.

13. Termination and Suspension

14. Data Export and Portability

Upon termination or expiration of the Subscription, the Client may request an export of its Client Data. BEAI Energy, S.L. will make Client Data available for download in a structured, commonly used, machine-readable format (such as CSV or JSON) for a period of thirty (30) days following the effective date of termination.

After this 30-day period, BEAI Energy, S.L. will securely delete all Client Data from its active systems. Copies retained in encrypted backups will be deleted in accordance with the backup rotation schedule, not to exceed ninety (90) additional days. This does not affect data that BEAI Energy is required to retain by law.

15. Limitation of Liability

16. Warranty Disclaimers

THE PLATFORM AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

BEAI Energy, S.L. does not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Service will be accurate or reliable; or (c) any errors in the Service will be corrected.

Notwithstanding the above, BEAI Energy, S.L. warrants that: (a) the Platform will perform materially in accordance with its documentation; and (b) BEAI Energy will provide the Service using commercially reasonable skill and care. To the extent that any warranty cannot be disclaimed under applicable consumer protection law, it is limited to the minimum scope and duration permitted by law.

17. Indemnification

18. Confidentiality

Each party (the "Receiving Party") agrees to treat as confidential all non-public information disclosed by the other party (the "Disclosing Party") that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure ("Confidential Information").

The Receiving Party shall: (a) not disclose Confidential Information to any third party except as necessary to perform its obligations under these Terms; (b) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar nature, but in no event less than reasonable care; and (c) use Confidential Information only for the purposes of these Terms.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure; (c) is independently developed by the Receiving Party; or (d) is required to be disclosed by law, provided that the Receiving Party gives prompt written notice to the Disclosing Party.

19. Data Processing

To the extent that BEAI Energy, S.L. processes personal data on behalf of the Client in connection with the provision of the Service, BEAI Energy acts as a data processor and the Client acts as a data controller, as defined under the GDPR.

The parties will enter into a Data Processing Agreement (DPA) as required by Article 28 of the GDPR, which shall form part of these Terms. The DPA will set forth the subject matter, duration, nature, and purpose of the processing, as well as the types of personal data and categories of data subjects.

For further details about how BEAI Energy, S.L. handles personal data, please refer to our Privacy Policy.

20. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent that such delay or failure results from circumstances beyond the party's reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemics, epidemics, fire, floods, earthquakes, power outages, telecommunications failures, cyberattacks, strikes, or shortages of materials.

The affected party shall provide prompt notice to the other party and use commercially reasonable efforts to mitigate the impact of the force majeure event. If the event continues for more than sixty (60) consecutive days, either party may terminate the affected Subscription upon written notice.

21. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Kingdom of Spain, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or in connection with these Terms, including disputes regarding their existence, validity, interpretation, performance, breach, or termination, shall be submitted to the exclusive jurisdiction of the courts and tribunals of the city of Madrid, Spain.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.

22. Modifications to Terms

BEAI Energy, S.L. reserves the right to modify these Terms of Service at any time. When material changes are made:

• We will update the "Last Updated" date at the bottom of this page.
• We will provide Clients with at least thirty (30) days' prior written notice before the changes take effect.
• Continued use of the Platform after the effective date of changes constitutes acceptance of the revised Terms.
• If you do not agree with the modified Terms, you may terminate your Subscription in accordance with Section 12 before the changes take effect.

Non-material changes (such as typographical corrections or clarifications) may be made without prior notice.

23. General Provisions

24. Contact

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at: