Terms of Service
1. Introduction and Acceptance
These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between Bacimo s.r.o. ("BaciMo", "we", "us", or "our"), a company registered in the Slovak Republic (IČO: 55992137, DIČ: SK2120347568), and the entity or person ("You", "Customer", "User") accessing or using the BaciScout platform (the "Service").
By registering an account, accessing, or using the Service in any manner, You acknowledge that You have read, understood, and agree to be bound by these Terms. If You are entering into these Terms on behalf of a company or other legal entity, You represent that You have the authority to bind that entity to these Terms.
If You do not agree with any part of these Terms, You must not access or use the Service.
2. Description of Service
BaciScout is a B2B Software-as-a-Service (SaaS) platform that automates the discovery of European Union public procurement tenders. The Service:
- Monitors the TED (Tenders Electronic Daily) API and other public procurement sources
- Filters tenders based on Customer-defined search profiles (CPV codes, countries, keywords)
- Scores and ranks tender matches using deterministic rules
- Provides optional AI-powered bid recommendations using third-party language models (OpenAI, Anthropic)
- Delivers notifications, reports, and export functionality
The Service is intended for business-to-business use. BaciMo does not provide the Service to consumers within the meaning of Slovak Act No. 102/2014 Coll. on consumer protection.
3. Account Registration and Responsibilities
3.1 Eligibility
You must be at least 18 years old and have the legal authority to enter into a binding agreement. You must provide accurate, current, and complete information during registration and maintain its accuracy.
3.2 Account Security
You are responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your account. You must notify BaciMo immediately of any unauthorized use or security breach. BaciMo is not liable for any loss or damage arising from unauthorized account access.
3.3 Acceptable Use
You agree NOT to:
- Use the Service for any unlawful purpose or in violation of any applicable EU or national law
- Attempt to access, probe, or disrupt the Service's infrastructure, including servers, networks, or APIs
- Scrape, reverse-engineer, decompile, or otherwise extract underlying data or source code
- Resell, sublicense, or redistribute access to the Service without prior written consent
- Use automated scripts, bots, or crawlers to access the Service beyond the provided API
- Transmit malware, viruses, or any malicious code through the Service
- Infringe upon the intellectual property rights, privacy, or data protection rights of any third party
4. Subscriptions and Payment
4.1 Subscription Plans
BaciMo offers the Service through tiered subscription plans. Plan features, pricing, and limits are displayed on our pricing page or within the Service. All prices are exclusive of Value Added Tax (VAT) unless otherwise stated. As a Slovak VAT payer, BaciMo issues invoices in accordance with Slovak and EU VAT legislation.
4.2 Billing Cycle
Subscriptions are billed on a monthly or annual basis, as selected by You. Payment is processed securely through our payment service provider, Stripe. Your subscription automatically renews at the end of each billing cycle unless cancelled as provided in Section 4.4.
4.3 Fee Changes
BaciMo may change subscription fees upon at least 30 days' written notice (via email or in-app notification). Any fee change takes effect at the start of the next billing cycle following the notice period. If You do not agree with the new fees, You may cancel Your subscription before the change takes effect.
4.4 Cancellation
You may cancel Your subscription at any time through the account settings. Cancellation takes effect at the end of the current billing cycle. No refunds are provided for partial billing periods, except where required by applicable law.
4.5 Free Trial
If BaciMo offers a free trial, You may use the Service without charge for the trial period. At the end of the trial, Your subscription automatically converts to a paid plan unless You cancel before the trial expires.
5. Data Processing and Privacy
5.1 GDPR Compliance
BaciMo processes personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation, "GDPR") and Slovak Act No. 18/2018 Coll. on personal data protection. Our Privacy Policy, available at /privacy/, describes how We collect, use, and protect Your data.
5.2 Data Processing Agreement
For purposes of GDPR Article 28, BaciMo acts as a data processor for personal data You submit through the Service. Our standard Data Processing Agreement (DPA) is available at /dpa/. By using the Service, You agree to the terms of the DPA.
5.3 Data Location
All Customer data is stored and processed on servers located within the European Union. Personal data is not transferred outside the EU/EEA except as described in our Privacy Policy with appropriate safeguards (Standard Contractual Clauses or EU-US Data Privacy Framework certification).
6. Intellectual Property
6.1 BaciMo IP
The Service, including its software, design, trademarks, logos, and documentation, is the exclusive property of BaciMo s.r.o. and is protected by Slovak and international intellectual property laws. These Terms do not grant You any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.
6.2 Customer Data
You retain all ownership rights to the data You submit to the Service ("Customer Data"). You grant BaciMo a non-exclusive, worldwide license to use, process, and store Customer Data solely as necessary to provide the Service.
6.3 Tender Data
Tender information displayed in the Service is sourced from public procurement databases (including the EU Publications Office TED API). This data is subject to the respective terms of the originating source. BaciMo makes no claim of ownership over the underlying tender data.
7. Disclaimers and Limitations
7.1 Service Availability
The Service is provided on an "as is" and "as available" basis. While BaciMo strives for high availability, We do not guarantee uninterrupted or error-free operation. Scheduled maintenance, updates, and external dependencies (TED API, AI providers) may cause temporary disruptions.
7.2 No Warranty
To the maximum extent permitted by applicable law, BaciMo disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. BaciMo does not warrant that the Service will meet Your requirements, that tender matches will be accurate or complete, or that AI-generated recommendations will be reliable or suitable for Your business decisions.
7.3 Limitation of Liability
To the maximum extent permitted by applicable law, BaciMo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising out of or related to the Service. BaciMo's total aggregate liability for any claim arising under these Terms shall not exceed the total amount paid by You to BaciMo in the twelve (12) months preceding the claim.
7.4 Mandatory Consumer Rights
Nothing in these Terms excludes or limits any liability or statutory rights that cannot be excluded or limited under applicable EU or Slovak law.
8. Indemnification
You agree to indemnify, defend, and hold harmless BaciMo s.r.o., its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from: (a) Your breach of these Terms; (b) Your violation of applicable law or third-party rights; or (c) Your Customer Data submitted to the Service.
9. Term and Termination
9.1 Term
These Terms are effective from the date You first access the Service and continue for as long as You maintain an active account.
9.2 Termination by You
You may terminate Your account at any time through the account settings or by contacting support. Upon termination, Your data will be retained for 30 days before permanent deletion, as described in our Privacy Policy.
9.3 Termination by BaciMo
BaciMo may suspend or terminate Your access to the Service immediately, without prior notice, if: (a) You breach these Terms; (b) Your account remains inactive for more than 12 months; or (c) required by law or regulatory authority. BaciMo may also terminate the Service entirely with 30 days' notice.
9.4 Effect of Termination
Upon termination, all licenses and rights granted to You cease immediately. You must export any needed Customer Data before termination. Sections that by their nature should survive termination (intellectual property, disclaimers, liability, indemnification, governing law) shall remain in effect.
10. Modifications to Terms
BaciMo may modify these Terms from time to time. We will notify You of material changes at least 30 days before they take effect via email or in-app notification. Material changes include modifications to pricing, data processing terms, liability, or acceptable use policies. Non-material changes (clarifications, formatting) take effect upon posting.
If You do not agree with the modified Terms, You may cancel Your subscription before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the modified Terms.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the Slovak Republic, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
11.2 Dispute Resolution
The Parties shall attempt to resolve any dispute arising from these Terms through good-faith negotiations. If a dispute cannot be resolved within 30 days, either Party may submit the dispute to mediation under the rules of the Slovak Mediation Centre.
11.3 Jurisdiction
Any dispute that cannot be resolved through negotiation or mediation shall be submitted to the exclusive jurisdiction of the competent courts of the Slovak Republic. For disputes involving consumers, the courts of the consumer's domicile shall have jurisdiction as required by EU Regulation No. 1215/2012.
11.4 EU Online Dispute Resolution
Pursuant to EU Regulation No. 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr. BaciMo is not obligated to participate in ODR proceedings but may do so on a case-by-case basis.
12. Miscellaneous
12.1 Entire Agreement
These Terms, together with the Privacy Policy, DPA, and any other referenced policies, constitute the entire agreement between the Parties regarding the Service.
12.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
12.3 No Waiver
No failure or delay by BaciMo in exercising any right under these Terms shall constitute a waiver of that or any other right.
12.4 Force Majeure
BaciMo shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, governmental actions, pandemics, or failures of third-party services (including the TED API, cloud providers, or payment processors).
13. Contact
For any questions, concerns, or notices regarding these Terms, please contact us:
- Bacimo s.r.o.
- Email: legal@bacimo.net
- Privacy: privacy@bacimo.net
- Support: support@baciscout.bacimo.net