Terms of Service

1. Service Provider

Captara is operated by SOCHOICES SAS, registered in Spain. By creating an account or using the service, you accept these Terms of Service and our Privacy Policy.

Contact: legal@captara.eu

2. Service Description

Captara is a B2B public procurement intelligence platform that aggregates tender notices and contract awards from EU procurement sources. We provide search, analysis, competitor intelligence, AI-powered predictions, and alerting features to help businesses identify procurement opportunities.

3. Account Registration

• You must provide accurate and complete registration information.
• You must accept the Terms of Service and Privacy Policy to register.
• You are responsible for maintaining the security of your account credentials.
• One person or entity per account. Shared accounts are not permitted.
• You must be at least 18 years old and have the authority to bind your organization.

4. Subscription Tiers and Limitations

The service is available in the following tiers:

• Free: 30-day trial with limited features (25 search results, 3 saved searches, 1 alert). After expiry, the account is suspended until a paid subscription is activated.
• Professional: Extended limits (200 results, 25 saved searches, 10 alerts, company profiles, bid pipeline).
• Business: Full features including competitor intelligence, StrengthScore predictions, SIGINT early warnings, buyer analysis.
• Enterprise: Unlimited usage, organization management, API access, priority support.

Feature limits are enforced server-side. Exceeding tier limits will result in request rejection, not silent degradation. Tier features and limits may be updated; material changes will be communicated 30 days in advance.

5. Acceptable Use

You agree not to:

• Use the service for any unlawful purpose.
• Attempt to access data belonging to other tenants or users.
• Scrape, crawl, or bulk-download data from the platform.
• Interfere with the service infrastructure or security measures.
• Resell or redistribute data obtained through the service without authorization.
• Use the service in any manner that violates applicable competition laws.

6. Competition Law and Anti-Collusion

This section is a material term of this agreement. Violation may result in immediate account termination and referral to relevant authorities.

You expressly agree that you will NOT use Captara to:

• Coordinate or facilitate bid rigging, price fixing, or market allocation in any procurement process.
• Share StrengthScores, competitive intelligence, or platform data with competitors for the purpose of coordinating bidding behavior.
• Use platform intelligence to form undisclosed consortia or coordinate submission strategies with other bidders.
• Systematically extract and redistribute competitor intelligence data to third parties.
• Use the platform as a channel for exchanging commercially sensitive information between competing entities.

All intelligence provided by Captara is derived from publicly available procurement data (government publications, TED notices, official award records). The platform does not provide access to non-public information about competitors' bidding intentions, pricing strategies, or internal business decisions.

Captara maintains audit logs of all competitive intelligence queries. We reserve the right to investigate and report suspicious patterns of usage that may indicate anti-competitive behavior under TFEU Article 101 or equivalent national competition laws.

7. AI Predictions and Automated Analysis

Captara uses artificial intelligence to generate predictions, analyses, and recommendations. By using these features, you acknowledge and agree:

• Advisory only: StrengthScores, win probability assessments, SIGINT signals, and all AI-generated content are informational only. They are not recommendations to bid or not bid on any procurement opportunity.
• No guarantee: AI predictions are based on historical public data and statistical models. They do not guarantee outcomes and may contain errors, biases, or inaccuracies.
• Known limitations: The StrengthScore model may favor entities with more historical wins and domestic entities due to geographic weighting. These reflect observed procurement patterns, not quality assessments.
• Human judgment required: You must not rely solely on AI-generated predictions for business decisions. Independent professional judgment and due diligence remain your responsibility.
• Transparency: All AI-generated content is labeled as such in the user interface, in compliance with the EU AI Act Article 52 transparency obligations.

8. Data Accuracy

Procurement data is sourced from official EU and national portals. While we strive for accuracy, we do not guarantee the completeness, timeliness, or accuracy of all data. Data may be delayed, incomplete, or contain errors from source systems.

9. Intellectual Property

The Captara platform, including its design, code, algorithms, AI models, and proprietary scoring methodologies, is owned by SOCHOICES SAS. Procurement data itself is public domain information sourced from official government portals. Your company data (profiles, bid pipeline) remains your property.

10. Indemnification

You agree to indemnify and hold harmless SOCHOICES SAS from any claims, damages, or expenses arising from:

• Your violation of these Terms, including the anti-collusion provisions.
• Your misuse of AI predictions or competitive intelligence for anti-competitive purposes.
• Unauthorized redistribution of data obtained through the service.
• Any breach of applicable competition, procurement, or data protection laws in connection with your use of the service.

11. Limitation of Liability

To the maximum extent permitted by applicable law, SOCHOICES SAS shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the service, including but not limited to lost profits, missed procurement opportunities, business interruption, or decisions made based on AI-generated predictions.

Our total aggregate liability for any claims shall not exceed the amount you paid for the service in the 12 months preceding the claim.

12. Termination

We may suspend or terminate your account for violation of these terms, including the anti-collusion provisions. You may delete your account at any time through the Settings page or by contacting support@captara.eu. Upon deletion, your data will be processed in accordance with our Privacy Policy (Section 6: Data Retention).

13. Enterprise Data Processing

Enterprise tier customers may request a dedicated Data Processing Agreement (DPA) for their organization. Contact enterprise@captara.eu to discuss enterprise data processing terms.

14. Governing Law

These terms are governed by the laws of Spain. Any disputes shall be resolved in the courts of Madrid, Spain. This does not affect your statutory rights as a consumer under applicable EU law.

15. Contact

For questions about these terms: legal@captara.eu

For data protection inquiries: dpo@captara.eu