General Terms of Service – Pioneer SIA
Welcome to Pioneer SIA, your partner in harnessing cutting-edge technology. We bring you an unparalleled tool that empowers its users with valuable insights and information concerning companies, trends, and topics of interest that you, our esteemed Customer, seek to monitor. Additionally, we provide the means to analyze, aggregate, and enhance the documents you wish to explore, collectively referred to as "Targets." All of this is made possible through the application of artificial intelligence. Pioneer SIA extends this tool to you through a software-as-a-service (SaaS) framework.
Should you have any inquiries, please don't hesitate to reach out to us at [email protected]
GENERAL
The primary purpose of the Pioneer-service (hereinafter referred to as "the Service"), developed and provided by “Pioneer SIA” registered at registered Headquarters at Kr. Valdemāra iela 27/29, LV-1010, Riga, is to offer Customers the analysis and aggregation of data related to specific companies, trends, and topics that Customers wish to monitor. This service also includes the analysis, aggregation, and enrichment of documents, hereinafter referred to as "Targets," and the provision of relevant insights and information.
The data provided by Pioneer SIA through the Service comprises a blend of internal data and publicly available information about the Targets, referred to in these general terms as "Third Party Materials." The use and governance of Third Party Materials are described in detail in the privacy policy of these general terms.
The functionality of the Service extends to Authorized Users, defined as individual users authorized by the Customer to access the Customer's account. Authorized Users may encompass the Customer's employees, consultants, contractors, or agents.
These general terms govern the utilization of the free services. “Contract Terms” are applicable for paid Tenderly plus and premium Services. In the absence of a separate written agreement, these general terms are applicable to the use of the service and extend to every proposal and offer made by Pioneer.
All proposals and offers presented by Pioneer are non-binding unless expressly agreed otherwise in the “Contract Terms”. An offer or proposal pertains solely to the specified assignment and does not encompass prospective tasks. The Customer affirms that all information provided through the “Self-Declaration” or by any other means is accurate and complete.
These general terms are accessible on www.tendero.eu, and upon request, we can send them to you via email, free of charge.
AGREEMENT TERM, RENEWAL AND TERMINATION
Pioneer and the Customer enter into an agreement through the purchase of either the one-time use services or a subscription, which can be terminated without any extra charge between the 1st and 5th of every month. However, if the customer cancels after the 5th day of any given month, they will be charged for that entire month, before being able to cancel.
Customers agree to have monthly subscription plans are constantly renewed without the need to manually extend it. Annual payment plans do not include automatic extensions. In that case both parties are to meet for a feedback interview and to discuss further proceedings. There is no minimum time span for the commercial use of Pioneer’s software solutions.
If either the Customer or Pioneer is in material breach of these general terms, the other party shall issue a written notice of default with a term for the breaching party to remedy the breach within 30 days. If the breaching party fails to remedy the breach within the given term, the other party may terminate the subscription.
The Customer is obliged upon entering into agreement with Pioneer SIA to be terminated at any point and time if misconduct is assumed.
CONDITIONS OF USE OF THE SERVICE
If the Customer or an Authorized User breaches these general terms or any other instructions issued by Pioneer, Pioneer reserves the right to take appropriate actions as it deems necessary, including discontinuing the use of the relevant User ID.
In the event that the Customer or an Authorized User breaches these general terms or any other instructions issued by Pioneer, and the Customer fails to rectify the breach within 14 days of notification, Pioneer may cease providing the Service to the Customer and revoke the Customer's User IDs.
The Customer is accountable for any direct damages and expenses incurred by Pioneer or third parties due to actions or omissions by the Customer that contravene these general terms, the Contract Terms, instructions issued by Pioneer, or any applicable laws or regulations.
The use of bots, scripts, or any other form of software for mass account creation or automated mass data dumping or extraction is strictly prohibited.
The Customer shall not distribute, publish, copy, resell, transfer, or otherwise make available to third parties any data, material, or content related to or included in the Service without the specific prior written consent of Pioneer.
The Customer shall refrain from disseminating any content that is unlawful, offensive, disturbing, intended to disgust, threatening, libellous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable content include, but are not limited to, content that:
Promotes unlawful activity;
Contains defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
Constitutes spam, machine-generated content, unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
Contains viruses, worms, malware, trojan horses, or other content designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to obtain unauthorized access to any data or other information of a third party;
Infringes on the proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, rights of publicity, or other rights.
Impersonates any person or entity, including the Company and its employees or representatives;
Violates the privacy of any third party;
Contains false information and features.
The Customer is responsible for all costs associated with the use of the Service, including the creation and maintenance of the Customer's technical infrastructure, data connections, and related fees.
The Customer is obliged to return or, upon Pioneer's request, destroy any and all data, material, or content related to the Service in its possession no later than the expiration of its user rights.
Pioneer makes no guarantees regarding the outcomes and, as such, assumes no responsibility for the results that customers may experience. Furthermore, Pioneer strongly encourages customers to utilize a human touch as the final step in maximizing the full potential of all features.
Pioneer SIA retains the right to adjust costs based on increased infrastructure expenses. For adjustments up to 9%, customer approval is not required. Any increase exceeding 9% necessitates explicit customer approval before implementation. Such adjustments are limited to once per calendar year.
CONTENT AND THIRD-PARTY MATERIALS
The Services provided by SIA "Pioneer" grant access to materials and content that are the property of third-party providers ("Third Party Materials"). These materials are subject to the intellectual property rights of their respective owners. Accessing Third Party Materials through the Service does not transfer any such rights to the Customer, nor does it imply SIA "Pioneer"'s endorsement, affiliation, or sponsorship of the Third Party Materials.
Pioneer SIA expressly disclaims any responsibility for the content, legality, reliability, or accuracy of the Third Party Materials. The Customer agrees to indemnify and hold Pioneer SIA harmless against any claims arising from the Customer's use of Third Party Materials.
In the event of an infringement claim related to Third Party Materials, Pioneer SIA will follow a specified process to address such claims, which will be detailed in the infringement reporting policy. Pioneer SIA reserves the right to modify, update, or remove access to Third Party Materials at any time without notice, and will not be liable for any such changes.
CUSTOMER DATA
The Customer shall be solely responsible for the accuracy, legality, and completeness of all data provided to the Service ("Customer Data"). Pioneer SIA is granted the right to use Customer Data solely for the purpose of fulfilling its obligations under these terms and conditions and any associated Order Form.
SIA "Pioneer" will retain Customer Data for the duration of the Customer's use of the Services and as necessary to comply with legal obligations. Upon termination of services, SIA "Pioneer" will follow its data retention policy for the appropriate handling of Customer Data, which includes timely deletion or return of data to the Customer.
Customer Data will be processed in accordance with applicable data protection laws, as detailed in SIA "Pioneer"'s privacy policy and any data processing agreement forming part of the Order Form.
The Customer has the right to audit SIA "Pioneer"'s compliance with data processing terms to a reasonable extent and at reasonable intervals. SIA "Pioneer" shall promptly notify the Customer in the event of a data breach impacting Customer Data.
SIA "Pioneer" ensures that any subprocessors engaged for data processing are subject to data protection obligations that are no less protective than those stipulated in the Order Form and will remain liable for the performance of the subprocessor's obligations.
Customer Data will be provided in a structured, commonly used, and machine-readable format to support data portability upon request by the Customer.
GENERAL TERMS
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Latvia. All disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the Latvian courts.
SIA "Pioneer" reserves the right to modify these terms and conditions at any time. Such modifications will be effective immediately upon posting on SIA "Pioneer"'s website or upon direct communication to the Customer, whichever method ensures the Customer's awareness of such changes.
In the event of any inconsistency or conflict between the provisions of these terms and conditions and any Order Form or other written agreement with the Customer, the terms of the Order Form or other written agreement shall prevail.
Should any provision of these terms be determined to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties' original intentions as nearly as possible in accordance with applicable law.
AVAILABILITY OF THE SOFTWARE AND TECHNICAL SUPPORT
The use of the Service requires a good, fast, and stable internet connection. An insufficient internet connection may lead to a suboptimal user experience of the Service.
The technical support team of Pioneer is available on weekdays (Monday through Friday), excluding Austrian and Latvian national holidays, from 9:00 am till 16:00 pm CET.
Pioneer ensures that the Service will be made available for use throughout the agreed duration, as specified in the contract terms. Pioneer will make every reasonable effort to maintain the Service's availability 24 hours a day, 7 days a week.
Pioneer will take all reasonable steps to ensure the functioning and maintenance of the Service. Typically, maintenance of the Service should not result in any downtime, but when necessary, it will primarily be scheduled outside of regular office hours to minimize inconvenience.
If downtime due to maintenance is anticipated by Pioneer, Pioneer will provide the Customer with a notification at least 12 hours in advance or as soon as possible.
These general terms, Pioneer SIA shall not be liable for any damages, whether direct or indirect, arising from Service downtime.
Pioneer reserves the right to modify the Service, which may include changes, removal, or addition of specific features or functionalities. If Pioneer intends to remove any functionalities or customer-specific functions, Pioneer will notify the Customer at least 6 months before the removal, or as soon as possible. Pioneer will clearly label these functions as deprecated.
Pioneer does not guarantee that the Service is entirely free of errors. The Customer should promptly inform Pioneer if they observe any errors, bugs, or malfunctions in the Service.
FORCE MAJEURE:
Pioneer or the Customer shall not be obligated to fulfil any agreed-upon obligations if prevented from doing so by force majeure. The term "force majeure" encompasses, but is not limited to, circumstances such as blockades, embargoes, government measures, war, revolution, or any similar state, power failures, faults in electronic communication lines, cable breaks, pandemics, fires, explosions, lightning damage, natural disasters, flooding, or earthquakes.
In the event of force majeure, neither Pioneer nor the Customer shall be held responsible for any resulting damages.
If a force majeure event persists for a period exceeding 60 days, the Order Form can be terminated in writing. In such a case, the parties shall have no entitlement to seek damages.
PUBLICITY
1. The Customer transfers all rights, title, and interest in any feedback provided to Pioneer. If, for any reason, such transfer is deemed ineffective, the Customer agrees to provide Pioneer with a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such feedback without any limitations or restrictions.
NON-DISCLOSURE
Pioneer and the Customer shall not disclose any of the confidential information provided by the other party (or by an Authorized User) to third parties, unless required by statutory or professional obligations.
Confidential information includes all data that the Customer or Pioneer designates as confidential or which, by its inherent nature, can be classified as confidential. The following information shall, in any case, be considered confidential:
Customer data.
All information related to research, development, trade secrets, or information concerning company matters.
Personal data as defined in the General Data Protection Regulation (GDPR).
Confidential information shall not include any data that:
Is already in the public domain or becomes publicly available without any breach of these terms.
Is independently received by either Pioneer or the Customer from a third party not bound by any confidentiality obligation regarding such information.
Was lawfully in the possession of the recipient before its disclosure under these terms occurred.
Is independently developed by either Pioneer or the Customer.
Pioneer and the Customer shall:
Maintain strict confidentiality regarding confidential information.
Not distribute, disclose, or disseminate confidential information to any individual other than their employees or advisors who reasonably require such information to fulfill their obligations under these terms and the Order Form, without the prior written consent of the other party.
Use the Confidential Information solely for the purposes for which it was disclosed.
Make copies of the Confidential Information only to the extent strictly necessary for the purpose for which it was disclosed.
Keep the existence, nature, and content of the Order Form confidential, along with the fact that discussions are occurring regarding the business and affairs of the parties.
Pioneer and the Customer shall, upon the initial request by the other party, either:
Return all copies of the confidential information to the other party; or
Destroy the confidential information and provide written confirmation to the other party that this has been carried out.
The Customer shall ensure that the Authorized User or other third parties to whom the confidential information is disclosed are informed of the non-disclosure obligation as described in this Article 14 and shall ensure that these parties fully comply with the obligations set forth in this Article.
LIABILITY
To the maximum extent allowed under applicable law, Pioneer, on its own behalf and on behalf of its affiliates, as well as its and their respective licensors and service providers, explicitly disclaims all warranties, whether they are express, implied, statutory, or otherwise, regarding the Service. These disclaimers cover implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may arise from the course of dealing, course of performance, usage, or trade practice.
Without limiting the above, Pioneer does not provide any warranty or assurance and makes no representation of any kind that the Service will meet the Customer's requirements, achieve any intended results, be compatible or work with other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free. Furthermore, Pioneer does not guarantee that any errors or defects can or will be corrected.
The Customer shall indemnify Pioneer against all claims by third parties related to the data collected, stored, or processed by the Customer through the Service. Pioneer is not liable for the content of the data collected, stored, or processed within the framework of the Service.
If, contrary to the provisions in Article 15.5, Pioneer is held liable for damages by law, Pioneer's total liability is capped at the lesser of (i) the amount of the fees paid or payable by the Customer to Pioneer under the relevant Order Form during the 12 months preceding the event giving rise to such loss, cost, claim, or damages, or (ii) the maximum amount paid out by Pioneer's insurer.
Some jurisdictions may not allow the exclusion of certain types of warranties or the limitation of applicable statutory rights for a consumer. In such cases, the exclusions and limitations in this section may not be applicable to the Customer. Nevertheless, if this occurs, the exclusions and limitations set forth in this section shall be applied to the fullest extent permitted under applicable law.
All claims and defenses against Pioneer shall expire five years after the claim or defense has been discovered.
NULLITY, ENFORCEABILITY, AND SEVERABILITY
The nullity or unenforceability of any provision in this agreement shall not impact the validity or enforceability of any other provision within this agreement. In the event of such a provision being found invalid or unenforceable, it shall be substituted with a provision that is deemed valid and enforceable. The interpretation of the replacement provision shall closely align with the original intent of the invalid provision.
The limitations outlined in this Article 15 do not apply if the damage results from wilful misconduct or gross negligence on the part of Pioneer.
RECISSION
Pioneer SIA and the Customer waive their rights to partially rescind or annul, or to invoke the recission or annulment of these general terms.
ASSIGNMENT
Pioneer SIA and Customer are not allowed to assign or transfer or purport to assign or transfer any of its rights or obligations under these terms or any agreement between the Customer and Brainial without the prior written consent of the other party.
MISCELLANEOUS
Pioneer SIA may change these general terms at all times. The latest version of the terms will always apply. In case of a substantial amendment, the Customer may cancel the Contract Terms within 30 days after the announcement. The Contract Terms will then terminate on the day the new conditions come into effect.
APPLICABLE LAW AND JURISDICTION
The Contract Terms and these general terms shall be governed by and construed in accordance with the laws of Latvia.
Any dispute resulting from or arising in connection with (fulfillment of) the Contract Terms and these general terms that cannot be settled in an amicable fashion shall be submitted to the competent court of Riga, Latvia.