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TERMS OF USE OF BIDHITS AND OTHER PROVISIONS By completing registration or subscription on https://au.bidhits.com, by using the Access Portal, or by requesting and accepting the service through customer support, the company, sole trader, partnership, public body, professional user or authorised representative, hereinafter referred to as the "USER", agrees to these Terms of Use and to the Privacy Policy available at https://au.bidhits.com/privacy_policy.php. BIDHITS is a service operated by PORTAL GENIAL SERVIÇOS EM TECNOLOGIA DA INFORMAÇÃO LTDA, a company based in Brazil, CNPJ 06.098.898/0001-69, with address at Rua José Formighieri, 399, sala 402, Videira, Santa Catarina, Brazil, hereinafter referred to as "BIDHITS". The service is intended only for companies, sole traders, public bodies and professionals using the platform for business or professional purposes. The USER confirms that the service is not being acquired for personal, domestic or household use. CLAUSE ONE: DEFINITIONS 1.1. ACCESS PORTAL: means the set of features and resources made available to the USER through BIDHITS, including the website https://au.bidhits.com, logged-in areas, search tools, alerts, maps, APIs, emails, automated messages, artificial intelligence features and any other interface made available by BIDHITS. 1.2. FREE TRIAL: registration that allows temporary access to the ACCESS PORTAL without charge. The duration and conditions of the free trial may vary according to campaign, plan, country, technical availability or BIDHITS commercial policy. Unless otherwise stated on the ACCESS PORTAL, the usual free trial period is 14 (fourteen) days. 1.3. SUBSCRIPTION: paid registration that allows access to the ACCESS PORTAL for the contracted period, according to the selected plan and payment method. 1.4. CONTENT: information made available through the ACCESS PORTAL, including public procurement opportunities, tender notices, tender data, links to official sources, links to documents, alerts, filters, summaries, comments, favourites, map views, API data and related information. 1.5. ACCESS INFRASTRUCTURE: computer, mobile device, internet connection, software, browser, email account, API integration and any other resource required for use of the service. 1.6. REGISTRATION DATA: information provided by the USER for identification, billing, support, access, account management and communication. 1.7. API KEY: credential made available to the USER, when applicable, for programmatic access to BIDHITS data under the limits and rules defined by BIDHITS. 1.8. AI FEATURES: artificial intelligence resources used to improve searches, organise information, suggest opportunities, summarise content or answer questions related to tender opportunities. 1.9. BUSINESS USER: the USER acting for business, professional, commercial, institutional or public procurement purposes. CLAUSE TWO: PURPOSE 2.1. This Agreement governs the provision, by BIDHITS to the USER, of access to the ACCESS PORTAL and to the CONTENT. 2.2. BIDHITS is a search, filtering, alert and support tool for public procurement opportunities. BIDHITS is not a public authority, procurement authority, legal adviser, financial adviser, technical adviser or representative of any public body. 2.3. BIDHITS may use automation and artificial intelligence to improve search results and the organisation of information, but the USER remains solely responsible for checking the official tender portal, the tender notice, the official documents, deadlines, requirements and any updates. CLAUSE THREE: REGISTRATION 3.1. The USER may access BIDHITS through a FREE TRIAL, through a SUBSCRIPTION, or through conversion of a FREE TRIAL into a SUBSCRIPTION. 3.2. The USER represents that all REGISTRATION DATA provided is true, complete and up to date. 3.3. The USER represents that the person accepting these Terms has authority to bind the company, entity, sole trader, partnership, public body or professional represented. 3.4. BIDHITS may refuse, suspend or cancel registration if there is evidence of inaccurate information, abuse, fraud, security risk, breach of this Agreement or unlawful use. CLAUSE FOUR: FREE TRIAL 4.1. The Agreement is deemed accepted when the USER completes the FREE TRIAL registration and accepts these Terms. 4.1.1. The USER may report registration errors or inconsistencies within 7 (seven) days after registration. If no issue is reported within that period, the registration information will be considered accepted, without prejudice to the USER's duty to keep it updated. 4.1.2. The FREE TRIAL is a courtesy granted by BIDHITS. BIDHITS may change future free trial conditions at any time. For an active FREE TRIAL, BIDHITS may suspend or end access in case of abuse, fraud, technical risk, legal risk, security risk or breach of this Agreement. 4.1.3. BIDHITS may contact the USER at any time to confirm REGISTRATION DATA. 4.1.4. If there are inconsistencies or irregularities in the REGISTRATION DATA, or if abusive use is identified, BIDHITS may block or limit the USER's access to the ACCESS PORTAL. 4.1.5. ACCEPTANCE OF THIS AGREEMENT DOES NOT REQUIRE THE USER TO PURCHASE A SUBSCRIPTION OR MAKE ANY PAYMENT. AFTER THE FREE TRIAL EXPIRES, NO AUTOMATIC SUBSCRIPTION WILL BE CREATED AND NO AUTOMATIC CHARGE WILL BE MADE, UNLESS THE USER EXPRESSLY CONTRACTS A PAID PLAN. CLAUSE FIVE: SUBSCRIPTION 5.1. During or after the FREE TRIAL, the USER may choose to contract a SUBSCRIPTION. 5.2. To convert the FREE TRIAL into a SUBSCRIPTION, the USER must select one of the plans and payment methods available on the ACCESS PORTAL. 5.3. By contracting a SUBSCRIPTION, the USER freely chooses the plan, billing period and payment method available at the time of purchase. 5.4. If the SUBSCRIPTION is cancelled, expires or is not paid, access to the CONTENT may be blocked or limited until the USER contracts or renews a SUBSCRIPTION. 5.5. The SUBSCRIPTION starts only after confirmation of payment or after payment risk analysis, when applicable. 5.6. BIDHITS may, as a courtesy, grant early access before payment confirmation, without waiving any right under this Agreement. 5.7. THE USER IS SOLELY RESPONSIBLE FOR PROVIDING CORRECT REGISTRATION DATA AND FOR PROTECTING PASSWORDS, API KEYS AND ACCESS CREDENTIALS. BIDHITS IS NOT RESPONSIBLE FOR LOSSES ARISING FROM POOR CREDENTIAL MANAGEMENT, SHARED ACCESS OR USE BY THIRD PARTIES. 5.8. THE USER IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION PROVIDED, INCLUDING THE CORRECT EMAIL ADDRESS. IMPORTANT COMMUNICATIONS MAY BE SENT BY EMAIL, AND THE USER MUST ENSURE RECEIPT OF BIDHITS EMAILS. BIDHITS IS NOT RESPONSIBLE FOR LOSSES ARISING FROM THE USER'S FAILURE TO RECEIVE, READ OR ACT ON EMAIL COMMUNICATIONS, EXCEPT where caused by BIDHITS' proven wilful misconduct or where liability cannot lawfully be excluded. 5.9. If BIDHITS identifies irregular REGISTRATION DATA, abusive use, simultaneous unauthorised access, shared credentials, fraud, security risk or breach of this Agreement, BIDHITS may block access and terminate this Agreement, without refund for the period affected by the breach, to the extent permitted by law. 5.10. The USER may choose to receive information and offers from BIDHITS or partners, where permitted by law. Marketing messages will include sender identification and a simple unsubscribe option. 5.11. Before the end of the contracted period, BIDHITS may send renewal proposals to help avoid interruption of the service. 5.12. RENEWAL IS NOT MANDATORY. THE USER IS FREE TO RENEW OR NOT RENEW THE SUBSCRIPTION. CLAUSE SIX: USER OBLIGATIONS AND RESPONSIBILITIES 6.1. The USER is solely responsible for obtaining, maintaining and paying for the ACCESS INFRASTRUCTURE required to use BIDHITS, including internet connection, equipment, software, browser, email account and API integration. 6.2. The USER is solely responsible for checking the CONTENT, official tender notices, official documents, deadlines, updates, addenda, clarifications, eligibility requirements and any other information published by the public authority or official source. 6.3. The USER must protect passwords, API KEYS and credentials and is responsible for all acts performed through the account, except where unauthorised use is caused by BIDHITS' proven fault. 6.4. Any attempt to damage, overload, attack, scan, invade, disrupt or compromise BIDHITS systems, databases, infrastructure, providers or partners may lead to suspension, termination, claim for losses and communication to competent authorities. 6.5. USE OF BIDHITS IS UNDER THE USER'S RESPONSIBILITY. THE SERVICE DEPENDS ON INTERNET ACCESS, THIRD-PARTY TELECOMMUNICATIONS SERVICES, HOSTING PROVIDERS, PUBLIC SOURCES, PAYMENT PROVIDERS, EMAIL PROVIDERS, AI PROVIDERS AND OTHER TECHNICAL FACTORS. BIDHITS DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR AVAILABLE AT ALL TIMES. 6.6. The USER agrees to use BIDHITS only for lawful business or professional purposes, within the limits defined by BIDHITS. The following are expressly prohibited: 6.6.1. Reverse engineering: using any technique or tool to reverse engineer, decode, extract or exploit data, code, scripts, database structure or any component of the ACCESS PORTAL. 6.6.2. Massive scraping or scanning: performing automated searches, bulk extraction, scraping or attempts to collect all tenders from a period or source without specific purpose or express authorisation. 6.6.3. Content redistribution: publishing, reselling, sharing or redistributing CONTENT obtained through BIDHITS in another portal, database, product, platform or service that competes with or substitutes BIDHITS. 6.6.4. Removal of source reference: disclosing tender information obtained through BIDHITS without including the direct link or reference provided by BIDHITS, when such disclosure is authorised. 6.6.5. Data manipulation: altering, distorting or manipulating tender information with the purpose of misleading others, harming BIDHITS, harming third parties or distorting procurement information. 6.6.6. Shared access: sharing credentials with third parties or allowing simultaneous use by more than one person, unless the contracted plan expressly allows multiple users. 6.6.7. Attacks and intrusions: attempting to access restricted areas, perform denial-of-service attacks, exploit vulnerabilities or compromise integrity, availability or security. 6.6.8. Unauthorised automation: using bots, scripts or automated tools, except where expressly permitted under the API rules. 6.6.9. API limit abuse: exceeding request limits, attempting to bypass limits, sharing API KEYS, or using the API in a way that compromises service performance or availability. 6.6.10. Unlawful use: using BIDHITS for fraud, cyberattacks, dissemination of malware, unlawful procurement conduct, false documents, misleading bids or any breach of applicable law. 6.7. BIDHITS may apply technical limits, rate limits, access restrictions and security controls to protect the service and other users. 6.8. The USER must comply with all laws, procurement rules, tender requirements, anti-corruption rules, confidentiality duties and professional obligations applicable to the USER's activities. CLAUSE SEVEN: SERVICE PROVISION, AI FEATURES AND LIMITATION OF LIABILITY 7.1. BIDHITS will provide access to the CONTENT during the term of the SUBSCRIPTION, except in cases of maintenance, technical interruption, force majeure, third-party failure, security incident, legal restriction, public source unavailability or other events that prevent or affect availability. 7.1.1. No telecommunications or information technology system can operate 365 days per year, 24 hours per day, without failures. BIDHITS does not guarantee uninterrupted or error-free access. 7.1.2. To the maximum extent permitted by law, BIDHITS is not responsible for losses caused by interruption, instability, delay or failure of the service, except where caused by BIDHITS' proven wilful misconduct or where liability cannot lawfully be excluded. 7.1.3. BIDHITS does not guarantee that internet, broadband, telecom, hosting, public source, email, payment, AI or third-party services will be free of failures or interruptions. 7.1.4. Except for rights that cannot lawfully be excluded, BIDHITS does not provide express or implied warranties that the CONTENT will meet all USER expectations, be complete, be updated in real time, be suitable for a specific tender strategy, or guarantee any commercial result. 7.1.5. BIDHITS is not responsible for incompatibility between the ACCESS PORTAL and the USER's devices, software, network, firewall, email configuration or internal systems. 7.2. BIDHITS is a tool to help the USER find public procurement opportunities. Although BIDHITS seeks to update its database frequently and add new sources, errors, omissions, delays, duplication or outdated information may occur. 7.2.1. BIDHITS IS ONLY A SEARCH, FILTERING, ALERT AND SUPPORT TOOL. IT IS NOT RESPONSIBLE FOR THE USER'S DECISION TO PARTICIPATE OR NOT PARTICIPATE IN ANY TENDER. 7.2.2. BIDHITS IS NOT RESPONSIBLE FOR THE USER'S PARTICIPATION IN PUBLIC PROCUREMENT PROCESSES, FOR THE RESULT OF ANY BID, FOR COMPLIANCE WITH TENDER REQUIREMENTS OR FOR THE USER'S DOCUMENTATION, PRICES, DEADLINES OR STRATEGY. 7.2.3. The USER must always check the official tender portal, official notice, official documents and communications from the public authority before taking any decision. 7.2.4. BIDHITS may include, remove, replace or change research sources, filters, features and CONTENT at any time, provided that material changes to an active paid SUBSCRIPTION will be handled reasonably and, where required, with prior notice. 7.3. No intellectual property or database rights are transferred to the USER, except for the limited right to access and use the ACCESS PORTAL during the contracted period and under this Agreement. 7.4. BIDHITS is not responsible for incorrect, incomplete, outdated or missing information in the CONTENT, except to the extent that liability cannot lawfully be excluded. 7.5. BIDHITS may change technical or operational aspects of the service, add features, remove features, suspend features, change third-party providers, alter limits or charge separately for new optional features. If a material change significantly reduces the paid service during an active SUBSCRIPTION, the USER may cancel the SUBSCRIPTION and request a proportional refund for the unused paid period. 7.6. BIDHITS may amend these Terms by giving notice through the ACCESS PORTAL, email or other reasonable method. If the amendment materially affects an active paid SUBSCRIPTION, BIDHITS will give at least 7 (seven) days' prior notice. If the USER does not agree, the USER may terminate the SUBSCRIPTION within that period and receive a proportional refund for the unused paid period. 7.7. AI FEATURES are auxiliary tools. AI outputs may be incomplete, inaccurate, outdated or unsuitable for a specific tender or legal situation. 7.7.1. AI outputs do not replace official tender notices, official documents, public portals, professional review, legal advice, accounting advice, technical advice or the USER's own analysis. 7.7.2. The USER must verify AI outputs against official sources before using them for any tender, bid, quote, document, deadline, legal interpretation, technical specification, eligibility requirement or commercial decision. 7.7.3. BIDHITS does not guarantee that AI FEATURES will identify all relevant risks, opportunities, requirements, deadlines, addenda, disqualification grounds or legal consequences. 7.7.4. The USER must not insert confidential information, sensitive information, third-party personal information without authorisation, trade secrets or information that the USER is not authorised to share in AI interactions. 7.7.5. BIDHITS may use service providers to process AI interactions under security, confidentiality and privacy controls, as described in the Privacy Policy. 7.8. Nothing in this Agreement excludes, restricts or modifies any right, guarantee, remedy or liability that cannot be excluded, restricted or modified under applicable Australian law, including the Australian Consumer Law where it applies. 7.9. To the maximum extent permitted by law, BIDHITS will not be liable for indirect, incidental, special, punitive or consequential losses, loss of profit, loss of revenue, loss of opportunity, loss of chance to participate in a tender, loss of contract, loss of goodwill, business interruption, data loss or costs arising from the USER's reliance on CONTENT or AI outputs. 7.10. Where liability cannot be excluded but may be limited by law, BIDHITS' liability is limited, at BIDHITS' option, to resupplying the affected service, paying the cost of resupplying the affected service, or refunding the amount paid for the affected period. CLAUSE EIGHT: LIABILITY TO THIRD PARTIES AND INDEMNITY 8.1. The USER will indemnify BIDHITS, its directors, officers, employees, contractors and providers against claims, losses, damages, penalties, costs and expenses arising from the USER's breach of this Agreement, unlawful conduct, misuse of the service, unauthorised sharing of credentials, violation of third-party rights, violation of procurement rules or acts performed through the USER's account, to the extent caused by the USER. 8.2. BIDHITS is not responsible for: (i) the USER's participation or non-participation in any procurement process listed or not listed in the CONTENT; (ii) insufficient, inadequate, outdated or missing information in the CONTENT, which the USER must verify in official sources; (iii) promotions, offers or communications made by third parties; or (iv) information that the USER provides directly to third parties. CLAUSE NINE: PAYMENT AND PENALTIES 9.1. In consideration for the use of the contracted CONTENT and ACCESS PORTAL, the USER must pay BIDHITS the amount corresponding to the selected plan. 9.2. IF THE USER FAILS TO PAY AMOUNTS DUE, BIDHITS MAY SUSPEND OR BLOCK ACCESS TO THE CONTRACTED CONTENT UNTIL PAYMENT IS REGULARISED. BIDHITS MAY ALSO TREAT THE AGREEMENT AS TERMINATED IF THE DEFAULT CONTINUES. 9.3. Amounts owed to BIDHITS must be paid at the time of contracting or renewal through any payment method made available on the ACCESS PORTAL. 9.4. If the USER remains in default after 2 (two) payment attempts or notices, BIDHITS may refer the debt to a collection provider and may report the debt to credit reporting bodies where permitted by law. Personal credit information will only be used or reported where legally permitted and after any notice required by law. The USER agrees to pay reasonable and lawful collection costs arising from the default. 9.5. BIDHITS may change, remove or add payment methods, subscription plans, values, currencies and due dates. Changes will apply to new subscriptions, renewals or future billing periods. For an active paid period, BIDHITS will not increase the price already paid for that period. 9.6. The USER understands and agrees that subscription amounts may be adjusted to reflect inflation and currency depreciation. 9.6.1. The ordinary adjustment period will be once every 1 (one) year, except in the exceptional case described in item 9.6.2. 9.6.2. If inflation depreciation exceeds 25% since the last adjustment or, for new subscriptions, since the first payment, in a period shorter than the one mentioned in item 9.6.1, BIDHITS may anticipate the price adjustment. 9.6.3. For amounts contracted in Australian dollars, the adjustment will use the Consumer Price Index (CPI), All Groups CPI, weighted average of eight capital cities, published by the Australian Bureau of Statistics, or an equivalent official index that replaces it, if positive. 9.6.4. For amounts contracted in currencies other than Australian dollars or Brazilian Reais, the adjustment will use the CPI or equivalent official consumer price index corresponding to the currency or country of the contracted plan, if positive. 9.6.5. For amounts contracted in Brazilian Reais, the adjustment will use the accumulated IGP-M index for the period, or an equivalent index that replaces it, if positive. 9.6.6. If an index is discontinued, materially changed or unavailable, BIDHITS may use the closest official replacement index or another reasonable inflation index applicable to the relevant currency. 9.7. Where available, the USER may save a credit card to facilitate future payments. 9.7.1. If card saving is available, BIDHITS or its payment provider will store only a tokenised version of the card in a secure environment. BIDHITS will not store the full original card number. 9.7.2. The USER may request deletion of the tokenised card from the ACCESS PORTAL or customer support, subject to technical and payment provider procedures. 9.8. Where available, the USER may choose automatic renewal of the SUBSCRIPTION. If the USER chooses this option, BIDHITS or its payment provider may use the tokenised card to process renewal payment. 9.8.1. If automatic renewal payment cannot be processed, the USER may use another available payment method to remain active. 9.8.2. The USER may cancel automatic renewal at any time through the ACCESS PORTAL or customer support. Cancellation of automatic renewal does not automatically cancel access already paid for the current period. 9.9. Prices may include or exclude applicable taxes depending on what is shown at checkout or in the invoice. The USER is responsible for providing accurate tax and billing information, including business identifiers where requested. CLAUSE TEN: TERM 10.1. This Agreement starts when the USER joins the FREE TRIAL or, if there is no FREE TRIAL, when the USER contracts the SUBSCRIPTION. It ends at the end of the contracted period, unless renewed or terminated earlier under this Agreement. 10.2. As a contractual courtesy, the USER may cancel the SUBSCRIPTION within 7 (seven) days from the day after contracting and request a refund of amounts paid for that SUBSCRIPTION. This right does not limit any non-excludable right that may apply under mandatory law. CLAUSE ELEVEN: TERMINATION 11.1. BIDHITS may terminate this Agreement at any time without cause by giving notice to the USER. 11.1.1. If BIDHITS terminates without cause, or if the USER terminates without breach, BIDHITS will refund the amount paid for the unused paid period, and no additional compensation or penalty will be due. 11.1.2. Refunds will be made through the same payment method used for the purchase whenever possible. For payments by bank transfer or similar methods, the USER must provide a bank account under the same business name or person registered in the account. 11.1.3. If the SUBSCRIPTION included a free bonus period, the bonus period will not be included in the proportional refund calculation. 11.1.4. The maximum period for BIDHITS to process an approved refund is 30 (thirty) business days from receipt of the termination request and all information required for the refund, except for card, PayPal or similar refunds that depend on provider procedures. 11.1.5. For refunds through credit card, PayPal or similar providers, the effective credit date may depend on the payment provider, card issuer or bank. BIDHITS will provide available proof of refund when reasonably possible. 11.2. BIDHITS may terminate immediately, with no refund for the affected period to the extent permitted by law, in case of fraud, abusive use, credential sharing, attack, scraping, reverse engineering, unlawful use, breach of API limits, violation of third-party rights, violation of procurement rules or material breach of this Agreement. 11.3. Termination does not affect amounts already due, accrued rights, confidentiality duties, liability limitations, indemnity obligations, payment obligations, intellectual property rights or clauses that by nature should survive termination. CLAUSE TWELVE: GENERAL PROVISIONS, LAW AND DISPUTES 12.1. The USER may not assign or transfer rights or obligations under this Agreement without BIDHITS' prior written consent. 12.2. Tolerance by either party regarding breach by the other party will not be considered waiver, novation or amendment of any right. 12.3. If any clause is found invalid, unlawful or unenforceable, the remaining clauses will continue in force to the maximum extent permitted by law. 12.4. This Agreement, together with the Privacy Policy and any specific plan, API or payment conditions displayed on the ACCESS PORTAL, forms the entire agreement between the parties regarding use of BIDHITS. 12.5. The ACCESS PORTAL may be technically accessible from different countries. The USER is responsible for complying with laws, procurement rules and professional obligations applicable to the place where the USER uses the service and to the tenders in which the USER participates. 12.6. This Agreement is governed primarily by the laws applicable in Australia, including applicable Commonwealth laws and, where relevant, the laws of the Australian State or Territory connected to the USER or to the use of the service. Mandatory Australian laws that cannot be excluded will continue to apply. 12.7. Because BIDHITS is operated by a company based in Brazil, the parties elect the courts of the Judicial District of Videira, State of Santa Catarina, Brazil, as the forum to resolve contractual disputes related to payment, access, termination, interpretation and enforcement of this Agreement, except where a mandatory law or regulator gives a party a non-excludable right to use another court, tribunal, regulator or procedure. 12.8. Nothing in this Agreement prevents BIDHITS from seeking urgent injunctive or protective relief in any competent jurisdiction to protect its systems, intellectual property, confidential information, database, security, providers or users. 12.9. Notices may be sent by email, ACCESS PORTAL notice or other reasonable electronic method. The USER must keep contact information updated. 12.10. The English version of this Agreement prevails over translations, summaries or explanatory materials. Last updated: 29 April 2026.