Terms of service

1. Who this is between

These terms are between [legal entity name, company number and registered office to be inserted] (“we”, “WayWiser”) and the organisation subscribing to the service (“you”). They apply from when you accept them or start using WayWiser, whichever is first.

This is a business agreement, not a consumer one. Commercial terms — fees, payment, length of term, notice periods — are in your order form, and all fees are exclusive of VAT. Where an order form or agreement signed by both of us says something different from this page, that document wins. Your own purchase order or standard terms do not apply.

2. What the service is

WayWiser finds public tender opportunities, helps you qualify them, drafts answers from your own library of past bids and policies, benchmarks pricing and records outcomes. We may change, add to or withdraw features at any time.

We do not offer a service level agreement. No uptime commitment, no service credits. We run the platform carefully and monitor it, and we would rather say this plainly than publish a number we are not ready to stand behind. If you need an SLA, agree one with us before you buy.

3. Your responsibilities

You are responsible for your users, for keeping credentials secure, and for what is done through your accounts. Tell us promptly if you think an account has been compromised.

Do not use WayWiser to:

4. Your content is yours

You keep all intellectual property in everything you upload and everything you write in the product. We claim none of it.

You grant us only the licence we need to run the service for you — to store, copy, process, index and display your content, and to send it to the providers listed on our Security page. That licence ends when the content is deleted, subject to the retention windows in our privacy policy. Your content is never added to the shared reference library other customers can search.

5. AI output, and its limits

As between you and us, the drafts the product produces are yours. We grant you a perpetual, irrevocable, worldwide, royalty-free licence to use, edit and submit them, including the right to sub-license to a contracting authority and its advisers and evaluators, to your group companies, consortium partners and subcontractors, and as required by law.

6. Data protection

For personal data in the content you upload, you are the controller and we are your processor. Our privacy policy explains what we do with personal data. Data protection law requires a written processing agreement before processing starts, so it should not be something you have to ask for: ours is [DPA to be published at a URL and incorporated here by reference].

7. What we warrant

That we will provide the service with reasonable care and skill. That is the whole of it.

Except as expressly set out on this page, all terms, conditions and warranties implied by statute, common law or otherwise are excluded as far as the law allows. We do not warrant that the service will be uninterrupted or error-free, or that output will be accurate, complete or fit for any particular tender.

We also do not warrant that material from our shared reference library may be redistributed outside your bid. Treat it as background, not as a substitute for holding the underlying standards yourself.

8. Liability

Nothing here limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law.

Subject to that, our total liability arising out of or in connection with this agreement — whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise — is capped at [cap to be set — needs a monetary floor, not a fees multiple alone].

On the same basis, neither of us is liable for loss of profit, revenue, goodwill or anticipated savings, or for indirect or consequential loss. Direct wasted bid costs and the cost of re-doing work sit inside the cap rather than being excluded — a bid-writing tool that excluded the only losses its customers can suffer would not be a fair bargain, and a clause like that tends to fail as a whole.

Each part of this clause operates separately. If any part is unenforceable, the rest still apply.

9. Ending the agreement

Either of us may end it on the notice in your order form, or immediately for material breach that is not fixed within 30 days of written notice, or if the other becomes insolvent. We may suspend access without notice if there is a security risk, unlawful use, or a serious threat to the platform.

While your account is active you can export your workspace at any time — a machine-readable copy of your workspace records plus your original files. Deletion, and the backup windows that outlive it, work as described in our privacy policy.

10. General

Confidentiality. Each of us keeps the other’s confidential information confidential and uses it only for this agreement. Your bid library, pricing and tender strategy are yours. This does not cover information that is public through no fault of the recipient, was already known to it, or must be disclosed by law.

Whole agreement. This page and your order form are the whole agreement between us. Neither of us relies on any statement not set out in them. Nothing in this paragraph limits liability for fraud.

Survival. Clauses 3, 5, 7, 8 and this clause 10 continue after the agreement ends, as does clause 4 for as long as needed to complete deletion.

Changes. We may update these terms. Material changes will not apply to a term you have already paid for.

Everything else. Neither of us may assign without the other’s consent, except to a buyer of substantially the whole business. Nobody other than you and us has rights under this agreement. Contractual notices go to [monitored legal mailbox to be inserted] and to your account administrator. This agreement is governed by the law of England and Wales, whose courts have exclusive jurisdiction.