End User License Agreement
This End User License Agreement (“EULA”) governs installation, activation, access to, and use of the SmartGEPS desktop software. By selecting I Agree when presented, installing, activating, accessing, or using SmartGEPS, you agree to this EULA. If you do not agree, do not use SmartGEPS.
SmartGEPS is operated by HJCP Studio. In this document, “SmartGEPS” refers to the SmartGEPS product, software, services, and their operator, as applicable.
1. License Grant
Subject to payment where applicable, compliance with this EULA, and applicable plan terms, SmartGEPS grants the licensed user a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the eligible SmartGEPS desktop software for legitimate business or professional purposes. SmartGEPS is licensed, not sold. No ownership interest is transferred.
2. License Scope and Duration
A time-limited license remains valid for the purchased period. Continued use after expiration may require renewal, reactivation, another valid license, or another form of access then offered.
A Perpetual License grants a continuing right to use the eligible SmartGEPS desktop software covered by that purchased license. “Perpetual” refers to that software-use right and does not mean every future version, product, service, database service, AI capability, integration, or development is included indefinitely.
Where expressly included with a Basic Perpetual license, applicable SmartGEPS software updates and opportunity-database update/support services may be provided for up to two (2) years from activation. Ending of that period does not by itself terminate the underlying Perpetual software-use right. Continued updated software, updated opportunity data, support, newer versions, or separately offered services may require an available update plan or separate purchase.
A Perpetual License does not obligate SmartGEPS to operate, host, support, maintain, or provide any particular online service, external data source, third-party integration, update infrastructure, or related service indefinitely.
3. Activation and Validation
SmartGEPS may require account authentication, email verification, activation, license validation, periodic verification, device-related validation, or other reasonable technical measures to administer licenses, maintain security, and prevent unauthorized use. Reinstallation, material hardware changes, device replacement, account changes, software changes, or security events may require reactivation or Support assistance. Necessary technical, account, device, security, and license information may be processed under the Privacy Policy.
4. Complimentary Access
SmartGEPS may provide Free Scans, promotional access, evaluation access, or similar benefits. Such access is not a paid license unless expressly stated, has no cash value, is not transferable, does not create unused-value credit, and may be subject to reasonable account, device, security, technical, and usage controls. SmartGEPS may prevent manipulation, circumvention, repeated exploitation, automated abuse, or unauthorized reuse.
5. Restrictions
Except where applicable law expressly provides otherwise, users may not:
- sell, sublicense, rent, lease, lend, transfer, assign, or distribute the license without authorization;
- share credentials or licensed access with unauthorized persons;
- circumvent activation, licensing, Free Scan, usage, account, or security controls;
- reverse engineer, decompile, disassemble, decode, translate, or derive source code except where law expressly permits;
- modify SmartGEPS to defeat licensing or security;
- reproduce or commercially redistribute SmartGEPS without authorization;
- remove proprietary notices;
- extract or repackage proprietary components for unauthorized distribution;
- use unauthorized automated means to access private SmartGEPS systems;
- probe or compromise SmartGEPS security;
- fraudulently obtain complimentary access;
- use SmartGEPS for fraudulent activity;
- misrepresent SmartGEPS as the user’s own product;
- claim ownership of proprietary components; or
- use SmartGEPS unlawfully.
6. Ownership and Intellectual Property
SmartGEPS and its licensors retain all applicable rights, title, and interest in proprietary SmartGEPS materials, including software, source code, executable components, proprietary technology, user-interface designs, branding, original graphics, original documentation, proprietary database structures and compilations, algorithms, and processing methods. No rights are granted except those expressly stated. All other rights are reserved.
7. Public and Third-Party Information
Government procurement information and other public or third-party information remains attributable to its source. SmartGEPS does not claim ownership merely because it collects, processes, organizes, filters, indexes, displays, or assists users in working with such information. Third-party software, libraries, content, trademarks, and services remain subject to their respective rights and terms.
8. Procurement Information and Verification
SmartGEPS is an assistance tool and not an official government procurement service. Procurement information may be delayed, incomplete, inaccurate, changed, removed, unavailable, superseded, or affected by circumstances outside SmartGEPS’s control. Users are solely responsible for independently verifying official information, including reference numbers, status, deadlines, ABC amounts, eligibility requirements, bid documents, instructions, amendments, bulletins, submission requirements, schedules, and qualifications. Users must not rely exclusively on SmartGEPS for procurement, bidding, legal, financial, contractual, or business decisions.
9. No Guarantee of Discovery, Accuracy, or Outcome
SmartGEPS does not guarantee discovery of every opportunity; identification of every relevant opportunity; exclusion of every irrelevant opportunity; completeness, accuracy, or currency of records; immediate updates; identification of every amendment or bulletin; continuing availability; eligibility; document compliance; bid acceptance; award; contract; revenue; profit; saving; or any particular business result.
10. AI-Assisted and Automated Functionality
SmartGEPS may include AI-assisted, machine-learning, automated analysis, matching, recommendation, ranking, summarization, classification, algorithmic, or similar functionality. Outputs may be inaccurate, incomplete, outdated, irrelevant, inconsistent, unexpected, or unsuitable. Such functionality is assistive only and does not constitute official procurement information, a government determination, professional advice, eligibility determination, or guarantee of relevance, accuracy, qualification, or outcome. Users remain responsible for independent review and verification.
SmartGEPS may modify, replace, improve, limit, suspend, discontinue, or change underlying technologies, models, providers, methods, or functionality, subject to law and expressly purchased rights. Unless expressly stated at purchase, a license does not include future AI models, capabilities, automated features, or related services.
11. Updates and Future Development
SmartGEPS may provide bug fixes, compatibility updates, security updates, software updates, opportunity-data updates, feature updates, or other improvements. Availability may depend on license type, included update period, software version, operating-system or hardware compatibility, technical requirements, external data availability, third-party services, and services then offered.
Subject to purchased rights and law, SmartGEPS may improve, modify, replace, reorganize, rename, limit, or discontinue functionality and introduce future products or services separately. Modification does not automatically create a refund right, replacement product, future-version right, or additional service unless required by law or expressly promised at purchase.
12. Third-Party Systems and Availability
SmartGEPS may depend on government websites, public procurement sources, internet services, operating systems, hosting infrastructure, communications services, payment infrastructure, security software, third-party libraries, applications, and other external systems. SmartGEPS does not control those systems and cannot guarantee their availability, accuracy, continuity, compatibility, security, or performance. SmartGEPS and related services are provided subject to availability. No service-level commitment exists unless expressly agreed separately in writing.
13. User Data and Backups
Users are responsible for retaining appropriate copies of important information unless SmartGEPS expressly undertakes a specific backup obligation. SmartGEPS does not guarantee recovery of locally stored preferences, profiles, saved sessions, generated documents, opportunity selections, or user-controlled files following device failure, corruption, deletion, operating-system failure, malware, user action, or other loss.
14. No Professional Advice
SmartGEPS is an assistance and productivity tool. It does not provide legal, accounting, tax, financial, procurement, or other professional advice and does not act as a government procurement authority, representative, fiduciary, agent, partner, or adviser.
15. Third-Party Fees, Payment Reversal, Chargeback, and Fraud
The SmartGEPS license price is separate from any fee, charge, assessment, or other amount imposed, collected, or retained by a payment provider, bank, financial institution, network, or other third party. Such third-party amounts are not amounts received by SmartGEPS merely because they formed part of the customer's total transaction cost.
Any refund or reversal of a third-party amount is subject to the applicable third party's policies and procedures, except where applicable law imposes a different obligation on SmartGEPS.
Payment Reversal, Chargeback, and Fraud
If payment is reversed, charged back, cancelled, disputed as unauthorized, determined fraudulent, or otherwise not ultimately received, SmartGEPS may suspend the corresponding paid access while investigated. If valid payment is not restored, SmartGEPS may adjust, suspend, or terminate the corresponding paid license as permitted by law. A payment dispute does not create a right to retain paid access for which valid payment was not ultimately received.
16. Suspension and Termination
SmartGEPS may temporarily suspend account, license, or service access where reasonably necessary to investigate fraud, payment reversal, security threats, unauthorized access, licensing circumvention, infrastructure threats, legal requirements, or material misuse. SmartGEPS may terminate a license for material breach, including deliberate license circumvention, fraudulent use, unauthorized redistribution, deliberate security interference, or other serious violation. Suspension or termination resulting from the user’s material breach does not itself create a refund right except where law requires otherwise.
Upon valid termination, rights granted under the terminated license cease and the user must stop using that licensed software or service. Provisions that by their nature should survive—including ownership, restrictions, disclaimers, limitation of liability, indemnity, and governing law—remain effective.
17. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTGEPS IS LICENSED AND PROVIDED “AS IS” AND “AS AVAILABLE.” SmartGEPS disclaims all representations, warranties, guarantees, and conditions that may lawfully be disclaimed, including merchantability, fitness for a particular purpose, accuracy, completeness, availability, reliability, uninterrupted or error-free operation, compatibility, and non-infringement. Nothing excludes a right or remedy that law does not permit to be excluded.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTGEPS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, PROCUREMENT OPPORTUNITIES, ANTICIPATED SAVINGS, GOODWILL, DATA, USE, PRODUCTIVITY, OR BUSINESS CONTINUITY.
Without limiting the foregoing, SmartGEPS shall not be liable, to the maximum extent permitted by law, for missed procurement opportunities; undiscovered opportunities; inaccurate, incomplete, delayed, unavailable, or outdated information; missed or changed deadlines; changed ABC amounts; amendments or bulletins not identified; eligibility or ineligibility; unsuccessful bids; user-supplied document information; reliance on automated or AI-assisted output; government or third-party systems; interruption; incompatibility; or loss of locally stored data.
Where liability cannot otherwise lawfully be excluded, SmartGEPS’s total aggregate liability relating to the affected license shall not exceed the amount actually received by SmartGEPS for that affected SmartGEPS license, except where applicable law requires otherwise.
19. Indemnity for Misuse
To the maximum extent permitted by applicable law, users agree to indemnify and hold SmartGEPS harmless from third-party claims, losses, liabilities, or reasonable costs arising from unlawful use, unauthorized redistribution, deliberate circumvention, infringement caused by user-provided material, fraudulent activity, violation of third-party rights, or material breach of this EULA, except to the extent caused by conduct for which SmartGEPS’s liability cannot lawfully be excluded.
20. Governing Law
This EULA is governed by the laws of the Republic of the Philippines, without prejudice to rights or remedies that cannot lawfully be waived.
21. Severability and No Waiver
If any provision is invalid or unenforceable, it will be applied to the maximum lawful extent and the remaining provisions remain effective. Failure to enforce a provision once does not waive later enforcement.
22. Relationship to Terms of Service
The SmartGEPS Terms of Service govern account, website, service, and broader commercial use. This EULA governs the licensed desktop software. For specific commercial attributes of a purchase—such as price, duration, and expressly included benefits—the purchase information accepted at checkout governs that transaction, subject to mandatory law.
23. Contact
support@smartgeps.com