bidpilot
Request access
Legal

Terms and Conditions of Service

These Terms and Conditions govern your access to and use of the BidPilot platform, website and related services. Please read them carefully. By creating an account, subscribing to a plan, or otherwise using the Service, you agree to be bound by these Terms.

1. Introduction and acceptance

  1. These terms and conditions (Terms) apply to your access to and use of the BidPilot software platform, the website at bidpilot.com.au (Website), and any associated tools, dashboards, outputs and services (together, the Service).
  2. The Service is operated by BidPilot Pty Ltd (ABN 98 699 078 914) trading as "BidPilot" (BidPilot, we, our or us). References to you or your mean the individual or organisation that accesses or uses the Service.
  3. By accessing the Website, registering for an account, or using the Service, you agree to be bound by these Terms, which form a binding agreement between you and us. If you are entering into these Terms on behalf of an organisation, you warrant that you have authority to bind that organisation.
  4. If you do not agree to these Terms, you must not access or use the Service.
  5. We may amend these Terms at any time by updating this page or by notifying you. Your continued use of the Service after an update takes effect constitutes acceptance of the amended Terms. Where a change materially reduces your rights, we will use reasonable efforts to give you advance notice.

2. Definitions

In these Terms, unless the context requires otherwise:

  • Account means the account you register to access the Service.
  • Your Data means any documents, tender materials, pricing inputs, specifications, rates, files and other information you upload to or input into the Service.
  • Output means the pricing models, schedules, estimates, drafts, calculations, narratives and other materials generated by the Service based on Your Data.
  • Subscription means a paid plan (such as Starter, Solo, Growth or Enterprise) that you select for access to the Service.
  • Tender means a single tender, quotation or bid opportunity processed through the Service, as counted under your Subscription.
  • Fees means the charges payable for your Subscription and any additional usage, as set out on the Website or in an order or quote.

3. Eligibility and accounts

  1. To use the Service you must be at least 18 years of age and capable of forming a binding contract.
  2. You must provide accurate, current and complete information when registering and keep that information up to date.
  3. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must notify us immediately of any unauthorised use of, or security breach relating to, your Account.
  4. Accounts are issued for a specified number of authorised users according to your Subscription. You must not share a single user login between multiple individuals, and you must ensure that each of your users, employees, sub-contractors and agents complies with these Terms.

4. Subscriptions, plans and tender allowances

  1. The Service is offered under tiered Subscription plans. Each plan specifies a monthly Fee, an included number of Tenders, a number of authorised users and the features available, as described on the Website.
  2. Tenders included in a monthly plan are allocated per calendar month and do not roll over to subsequent months if unused, unless we state otherwise in writing.
  3. Where you process Tenders in excess of your plan allowance, additional Tenders are charged at the per-Tender rate applicable to your plan, as published on the Website or set out in your order. We may require additional Tenders to be paid for before they are processed.
  4. You may upgrade your plan at any time, with the change taking effect from the next billing cycle (or immediately, where we agree). Downgrades take effect from the start of the next billing cycle.
  5. Enterprise arrangements (including unlimited or high-volume Tenders, custom pricing models, additional users and priority support) are subject to a separate order or written agreement, which prevails over these Terms to the extent of any inconsistency.
  6. We may apply reasonable fair-use limits to protect the integrity and availability of the Service, and may contact you to discuss an appropriate plan where your usage materially exceeds normal patterns for your tier.

5. Fees, billing, renewal and cancellation

  1. All Fees are stated in Australian dollars and are exclusive of GST unless stated otherwise. You are responsible for any applicable taxes.
  2. Monthly Subscriptions are billed in advance on a recurring basis. Annual Subscriptions, where offered, are billed in advance for the annual term. By subscribing, you authorise us (and our payment processor) to charge your nominated payment method on each renewal date.
  3. Subscriptions automatically renew for successive periods of the same length unless cancelled before the next renewal date. You may cancel at any time through your Account or by contacting us; cancellation takes effect at the end of the current paid period.
  4. Except where required by the Australian Consumer Law or other applicable law, Fees are non-refundable and we do not provide refunds or credits for partial periods, unused Tenders, or features not used.
  5. If a payment fails or is overdue, we may suspend or restrict your access to the Service until payment is received. We may also update Fees from time to time, with changes to recurring Fees taking effect from your next renewal after reasonable notice.

6. Your obligations and acceptable use

You must use the Service only in accordance with these Terms and all applicable laws. You must not:

  • copy, reproduce, translate, adapt, modify, sell, decompile, reverse engineer or create derivative works from any part of the Service, except as permitted by law;
  • use the Service for any unlawful, fraudulent, misleading or deceptive purpose, or to facilitate any such activity;
  • upload or input any material that is unlawful, defamatory, offensive, discriminatory, infringing, or that you do not have the right to provide;
  • upload material owned or copyrighted by a third party without the necessary rights or consents;
  • use the Service in a way that may interfere with, disrupt, overload or create undue burden on the Service or its hosting infrastructure;
  • access the Service using any automated scraping, scripting or bulk-extraction tool except via interfaces we expressly authorise;
  • attempt to gain unauthorised access to any Account, data or system, probe or test the Service for vulnerabilities, or circumvent any security or access-control feature;
  • introduce any virus, malware or malicious code, or participate in any denial-of-service attack; or
  • act in any way that may damage the reputation of BidPilot or any associated party.

You are solely responsible for the accuracy, legality and quality of Your Data, and for ensuring you are entitled to use the Service to process it. You must not upload personal, sensitive or commercial-in-confidence information that you are not authorised to disclose.

7. Your data and output

  1. As between you and us, you retain all ownership of Your Data. You grant us a non-exclusive, worldwide, royalty-free licence to host, process, transmit and use Your Data solely to the extent necessary to provide, maintain, secure and improve the Service to you.
  2. As between you and us, you own the Output generated specifically for you from Your Data, subject to our underlying rights in the Service, its models, templates and methodologies. You are responsible for reviewing, verifying and adapting any Output before relying on or submitting it.
  3. We may generate and use aggregated, de-identified data and usage statistics that do not identify you or your clients to operate, analyse and improve the Service. We will not disclose Your Data to other customers.
  4. You are solely responsible for retaining your own copies of Your Data and Output. We are not a system of record and do not guarantee indefinite retention.

8. AI-generated output and no guarantee of results

  1. The Service uses artificial intelligence and automated models to assist with tender pricing, drafting and related tasks. Output is generated programmatically and may contain errors, omissions, inaccuracies or assumptions that do not reflect your specific circumstances.
  2. Output is provided as a decision-support aid only and does not constitute professional, legal, financial, industrial-relations or commercial advice. You must independently review and validate all Output — including pricing, rates, award and penalty calculations, staffing assumptions and compliance matters — before relying on it or submitting any tender.
  3. You are responsible for ensuring that any tender you submit complies with the relevant tender requirements, applicable awards and industrial instruments, and all applicable laws. Responsibility for the final content and pricing of any submission rests entirely with you.
  4. We do not warrant or guarantee any particular outcome, including that any tender prepared using the Service will be compliant, competitive, accepted, shortlisted or successful.

9. Intellectual property

  1. We (and our licensors) retain ownership of the Service and all materials comprising it, including the software, source code, models, algorithms, templates, pricing methodologies, text, graphics, logos, design, and other content (Our Materials), and reserve all intellectual property rights not expressly granted to you.
  2. We grant you a revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your internal business purposes during your Subscription, in accordance with these Terms.
  3. You must not remove or alter any trade mark, copyright or other proprietary notice on Our Materials, nor use our branding without our prior written consent.
  4. If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction.

10. Confidentiality

  1. Each party may receive confidential information of the other in connection with the Service. Each party must keep the other's confidential information secure, use it only for the purposes of these Terms, and not disclose it except to personnel and advisers who need to know and are bound by equivalent obligations, or as required by law.
  2. We treat Your Data and your tender information as confidential and will apply reasonable technical and organisational measures to protect it. This clause survives termination.

11. Third-party services and AI providers

  1. The Service relies on third-party providers, including cloud hosting, payment processing and third-party artificial-intelligence model providers. Your use of the Service may involve the transmission of Your Data to such providers solely to deliver the Service.
  2. We are not responsible for the acts, omissions, availability or content of third-party services, and your use of any linked third-party website or service is at your own risk and subject to that third party's terms.

12. Privacy

  1. We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, available at bidpilot.com.au/privacy. By using the Service, you agree to the collection, use and disclosure of personal information as described in that policy.
  2. Where you provide personal information of third parties (such as your staff or clients), you warrant that you have the necessary authority and consents for us to process it as part of the Service.

13. Availability, support and changes

  1. While we use reasonable efforts to keep the Service available, you acknowledge that it may be unavailable from time to time due to maintenance, updates, technical issues or factors beyond our control, and that it may contain errors or defects.
  2. We may modify, add to, or discontinue features of the Service at any time. We will use reasonable efforts to avoid materially reducing core functionality of a paid plan during a paid period.
  3. Support is provided at the level applicable to your plan. Priority support is available on Enterprise arrangements.

14. Warranties and disclaimers

  1. To the maximum extent permitted by law, the Service is provided "as is" and "as available", and we exclude all representations, warranties and guarantees not expressly set out in these Terms, including any implied warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement.
  2. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any information or Output provided through it will be accurate, complete or current.
  3. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law (Non-Excludable Rights).

15. Limitation of liability

  1. Subject to your Non-Excludable Rights, and to the maximum extent permitted by law, we (and our personnel) are not liable for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, business, goodwill, anticipated savings, data, or loss arising from reliance on Output, however arising and whether in contract, tort (including negligence), statute or otherwise.
  2. Subject to your Non-Excludable Rights, our total aggregate liability to you arising out of or in connection with the Service and these Terms is limited to the greater of (a) the total Fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the liability; and (b) AUD $100.
  3. Where our liability for breach of a Non-Excludable Right may be limited, our liability is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied.
  4. You acknowledge that the Fees reflect the allocation of risk set out in these Terms, and that these limitations are reasonable.

16. Indemnity

You indemnify us and our personnel against all liability, loss, damage, cost and expense arising from or in connection with:

  • your breach of these Terms;
  • Your Data or your use of any Output, including any tender you prepare or submit; and
  • your infringement of any third-party right or applicable law,

except to the extent caused by our wilful misconduct.

17. Suspension and termination

  1. You may terminate by cancelling your Subscription, which takes effect at the end of the current paid period.
  2. We may suspend or terminate your access immediately, on notice, if: (a) you breach these Terms and fail to remedy the breach within 10 business days of notice (or immediately for breaches that cannot be remedied or that involve clause 6); (b) any Fee is overdue; or (c) we reasonably suspect fraudulent, unlawful or harmful use.
  3. Termination does not affect any rights or obligations accrued before termination. Clauses relating to intellectual property, confidentiality, data, disclaimers, liability, indemnity and general provisions survive termination.

18. Data on expiry or termination

  1. On expiry or termination you must cease using the Service. You are responsible for exporting and retaining your own copies of Your Data and Output before your access ends.
  2. Following termination, you may request that we securely delete Your Data. We will use reasonable efforts to irretrievably delete Your Data (including backups, subject to routine backup cycles) within 60 days of the request, unless retention is required by law. We are not liable for any loss of data after termination.

19. General

  • Governing law. These Terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
  • Waiver. A right is not waived except in writing signed by the party granting the waiver.
  • Severance. Any term that is wholly or partly void or unenforceable is severed to that extent, and the remainder of these Terms continues in force.
  • Assignment. You may not assign or transfer your rights or obligations without our prior written consent. We may assign or novate our rights and obligations on notice to you.
  • Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
  • Notices. Notices may be given by email to the address associated with your Account or to our contact address below.
  • Entire agreement. These Terms (together with any order or Enterprise agreement and our Privacy Policy) embody the entire agreement between the parties and supersede all prior arrangements in relation to the Service.
  • Interpretation. Headings are for convenience only; the singular includes the plural and vice versa; "includes" is not a word of limitation; and a reference to $ is to Australian dollars unless stated otherwise.

20. Contact us

If you have questions about these Terms, or wish to report misuse or a security issue, please contact us at:

BidPilot Pty Ltd (ABN 98 699 078 914)