1. These terms

These terms govern your use of BidsEval.AI, a trading name of Nuru Fintech Limited, Nairobi, Kenya.

By using the platform you agree to them. If you are using BidsEval on behalf of an organisation, you confirm you are authorised to accept these terms for it, and "you" means that organisation.

Where a separate signed agreement exists between us and your organisation, that agreement prevails over these terms to the extent of any conflict.

2. What BidsEval does

BidsEval assists procuring entities in evaluating bids. It reads submitted documents, checks them against the criteria you have set, and presents findings with supporting evidence.

3. What BidsEval does not do, and this is the important clause

BidsEval does not make procurement decisions. You do.

The platform produces analysis to support an evaluation. It does not determine whether a bidder is responsive, does not award a tender, and does not replace the judgment of an evaluation committee. Every finding it produces is a recommendation for a human to review, accept, or reject.

You acknowledge that:

• the analysis is produced using artificial intelligence, which can misread a document, miss information within one, or reach a different conclusion on different occasions from the same material;
• the platform is designed to flag uncertainty rather than resolve it, and findings marked for review must be reviewed by a person;
• your evaluation committee remains responsible for verifying findings against the underlying documents before relying on them;
• responsibility for the evaluation, the record of it, and the award decision rests with you at all times.

Nothing in the platform's output is legal advice or a determination of compliance with the Public Procurement and Asset Disposal Act, 2015 or any other law.

4. Your responsibilities

You are responsible for:

• the accuracy of the evaluation criteria, weights, thresholds and methodology you configure, and for ensuring they reflect your tender documents and the law applicable to your procurement;
• ensuring you have the right to share bid documents with us and to have them processed as described in our Privacy Policy;
• notifying bidders, in your tender documents or otherwise, that their submissions will be processed by BidsEval on your behalf, so that the people whose data appears in those submissions know where it has gone;
• the conduct of your evaluation committee and the security of their accounts;
• reviewing the platform's findings before acting on them.

5. Accounts

You must provide accurate information, keep your credentials secure, and tell us promptly of any unauthorised access. We may suspend an account where we reasonably believe it is being misused or where suspension is necessary to protect the platform or other users.

6. Your data

Bid documents and evaluation records you submit remain yours. We claim no ownership of them.

We process them to provide the service, as set out in our Privacy Policy. We do not use your documents to train artificial intelligence models, and we do not share them with anyone other than the providers listed in that policy.

You may export your evaluation records at any time.

6A. Processing terms

Where we process personal data contained in bid submissions, we do so as your processor and only on your documented instructions. These terms, together with your use of the platform, form the contract required by the Data Protection (General) Regulations 2021.

• Subject matter and purpose: evaluating bids against the criteria you configure.
• Duration: for as long as your account is active, subject to the retention periods in our Privacy Policy.
• Types of personal data and categories of data subject: as set out in our Privacy Policy, principally the directors, key personnel and staff named in bid submissions, and your own account holders.
• Confidentiality: everyone we allow to process this data, whether staff or provider, is bound by an obligation of confidentiality.
• Sub-processors: we use the providers listed in our Privacy Policy. We will tell you before we add a new one, and you may object.
• Security: we apply the technical and organisational measures described in our Privacy Policy.
• Deletion and return: on termination we will delete or return the personal data we hold for you, as you direct, subject to any retention obligation that applies to procurement records.
• Audit: you may ask us for the information you reasonably need to satisfy yourself that we are meeting these obligations.

7. Confidentiality

Bid submissions are commercially sensitive and, in public procurement, are subject to confidentiality obligations in law. We treat them accordingly, limit access to those who need it to operate the service, and require the same of our providers.

8. Availability

We aim to keep the platform available but do not guarantee uninterrupted access. We may need to suspend it for maintenance, and we will give notice where we reasonably can.

9. Fees

Any fees, and the billing and payment terms that apply to them, are set out in the separate written agreement between us and your organisation.

10. Limitation of liability

To the fullest extent permitted by Kenyan law:

• we are not liable for any procurement decision you make, or for the consequences of one, including any challenge, review or set-aside;
• we are not liable for indirect or consequential loss, or for loss of profits, contracts or opportunity;
• our total liability arising from these terms is limited to the fees paid to us in the twelve months preceding the event giving rise to the claim.

Nothing in these terms excludes liability that cannot lawfully be excluded.

11. Termination

You may stop using the platform at any time. Either of us may terminate on reasonable written notice.

On termination we will make your data available for export for a reasonable period, after which we will delete it in line with our Privacy Policy and any retention obligation that applies to procurement records.

12. Changes

We may change these terms. We will post the change here and update the date, and we will notify account holders of anything significant before it takes effect.

13. Governing law

These terms are governed by the laws of Kenya, and the courts of Kenya have exclusive jurisdiction.

14. Contact

support [at] bidseval.ai
Nairobi, Kenya