Terms of Service
SmartGEPS is operated by HJCP Studio. In these Terms, “SmartGEPS” refers to the SmartGEPS product, software, services, and their operator, as applicable.
These Terms govern access to and use of SmartGEPS, including its software, websites, account services, opportunity-data services, and related functionality. By accepting these Terms when presented, creating an account, purchasing or activating a license, or using SmartGEPS, you agree to these Terms and the applicable End User License Agreement (EULA). If you do not agree, do not use SmartGEPS.
1. About SmartGEPS
SmartGEPS is an independent commercial software product designed to assist users in discovering, filtering, organizing, reviewing, and working with publicly available procurement opportunities. SmartGEPS is not PhilGEPS and is not affiliated with, endorsed by, sponsored by, operated by, or acting on behalf of PhilGEPS, PS-DBM, or any Philippine government agency. Official government sources remain authoritative.
2. Accounts
Users are responsible for accurate account information, credential security, and promptly reporting suspected unauthorized access. SmartGEPS may use reasonable technical measures to protect accounts, licenses, systems, and services against fraud, abuse, circumvention, and unauthorized use.
3. Complimentary Access
SmartGEPS may provide eligible users with Free Scans, evaluation access, promotional access, or similar benefits. Complimentary access is discretionary, has no cash value, is not transferable, does not create unused-value credit, and may be subject to reasonable account, device, security, and usage controls. SmartGEPS may prevent repeated, fraudulent, automated, manipulated, or unauthorized use of complimentary access.
4. Paid Licenses and Plans
SmartGEPS may offer time-limited, perpetual, or other licenses and plans. Plans, prices, durations, features, included services, update periods, and eligibility may change. The specific plan, price, duration, and expressly included benefits presented at purchase govern that transaction together with these Terms and the EULA. A purchase grants a license; it does not transfer ownership of SmartGEPS or its intellectual property.
5. Perpetual Licenses
“Perpetual” refers only to the duration of the right to use the eligible SmartGEPS desktop software covered by the purchased license. It does not automatically include every future product, feature, major version, service, integration, database service, hosted service, AI capability, or future development.
Where expressly included with a Basic Perpetual purchase, applicable software updates and opportunity-database update/support services may be provided for up to two (2) years from activation. Ending of that update/support period does not by itself terminate the underlying Perpetual software-use right. Continued updates, updated opportunity data, support, newer versions, or later capabilities may require an available update plan, separate purchase, or other entitlement.
6. Procurement Information
SmartGEPS assists users in finding and working with procurement information but does not replace official sources. Information may change without notice and may contain delays, omissions, inconsistencies, errors, or third-party information outside SmartGEPS’s control. Users are solely responsible for independently verifying reference numbers, deadlines, ABC amounts, eligibility requirements, bid documents, instructions, amendments, bulletins, submission requirements, schedules, and official status before acting.
7. No Guarantee of Opportunities or Results
SmartGEPS does not guarantee discovery of every opportunity; identification of every relevant opportunity; exclusion of every irrelevant opportunity; completeness, currency, or accuracy of records; continuing availability of an opportunity; user eligibility; document compliance; bid acceptance; award; contract; revenue; profit; saving; or any particular procurement or business outcome.
8. AI-Assisted and Automated Features
SmartGEPS may offer AI-assisted, machine-learning, matching, recommendation, ranking, summarization, automated analysis, algorithmic, or similar features. Outputs may be incomplete, inaccurate, outdated, unexpected, irrelevant, or unsuitable. They are informational and productivity assistance only and are not official procurement information, professional advice, or guarantees of relevance, eligibility, accuracy, or outcome. Users remain responsible for independent review and verification.
SmartGEPS may modify, replace, limit, suspend, or discontinue such functionality, including underlying technologies, models, methods, or providers, subject to expressly purchased rights and applicable law. Unless expressly stated at purchase, a license does not include future AI models, capabilities, or related services.
9. User Responsibilities and Acceptable Use
Users remain responsible for procurement decisions, bidding and pricing, eligibility, compliance, submissions, documentation, deadlines, taxes, contractual obligations, legal obligations, account security, and verification of official information. Users may not violate law, gain unauthorized access, interfere with SmartGEPS security, circumvent licensing or usage controls, fraudulently exploit complimentary access, distribute malware, impersonate others, engage in fraudulent payment activity, or materially misuse SmartGEPS.
10. Availability and Third-Party Dependencies
SmartGEPS and related services are provided subject to availability. SmartGEPS does not warrant uninterrupted, continuous, timely, secure, or error-free operation. Functionality may depend on government sources, internet providers, operating systems, hosting, communications, payment infrastructure, security software, third-party software, and other external services. To the maximum extent permitted by law, SmartGEPS is not responsible for failures, interruptions, changes, inaccuracies, incompatibilities, delays, or unavailability caused by third-party systems or circumstances beyond its reasonable control.
11. Changes and Future Development
Subject to applicable law and expressly purchased rights, SmartGEPS may improve, modify, replace, reorganize, rename, limit, suspend, or discontinue features, technologies, integrations, or services. A current license does not automatically grant rights to future major versions, products, modules, services, integrations, AI capabilities, or separately offered functionality.
12. Third-Party Fees, Payment Reversals, and Chargebacks
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.
An amount imposed, collected, or retained by a third party is not an amount received by SmartGEPS merely because it formed part of the customer's total transaction cost. Any refund or reversal of such 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.
If payment for a paid license is reversed, charged back, cancelled, disputed as unauthorized, determined fraudulent, or otherwise not ultimately received by SmartGEPS, SmartGEPS may suspend the corresponding paid access while the matter is investigated and may adjust, suspend, or terminate the associated entitlement if valid payment is not restored, subject to applicable law.
13. Suspension and Termination
SmartGEPS may suspend access where reasonably necessary to investigate fraud, security threats, unauthorized access, payment reversal, license circumvention, or material misuse. SmartGEPS may terminate access or a license for material breach, including deliberate circumvention, fraudulent use, unauthorized redistribution, or serious security interference. Suspension or termination arising from the user’s material breach does not itself create a refund right except where applicable law requires otherwise.
14. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTGEPS AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SmartGEPS disclaims all warranties, representations, conditions, and guarantees that may lawfully be disclaimed, including implied warranties of merchantability, fitness for a particular purpose, accuracy, availability, non-infringement, and error-free operation. Nothing excludes a right or warranty that applicable law does not permit to be excluded.
15. 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, PROCUREMENT OPPORTUNITY, CONTRACT, 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 loss arising from missed opportunities; inaccurate, incomplete, delayed, unavailable, or changed procurement information; missed deadlines; changed ABC amounts; amendments or bulletins not identified; eligibility determinations; rejected bids; automated or AI-assisted output; government or third-party systems; interruption or unavailability; or decisions made using SmartGEPS.
Where liability cannot otherwise lawfully be excluded, SmartGEPS’s total aggregate liability relating to the affected license or service shall not exceed the amount actually received by SmartGEPS for the affected SmartGEPS license, except where applicable law requires otherwise.
16. Indemnity for Misuse
To the maximum extent permitted by law, users agree to indemnify and hold SmartGEPS harmless from third-party claims, losses, or reasonable costs arising from unlawful use, unauthorized redistribution, deliberate circumvention, violation of third-party rights, fraudulent activity, or material breach, except to the extent caused by conduct for which SmartGEPS’s liability cannot lawfully be excluded.
17. Governing Law
These Terms are governed by the laws of the Republic of the Philippines, without prejudice to rights or remedies that cannot lawfully be waived.
18. Severability and No Waiver
If a 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.
19. Changes to These Terms
SmartGEPS may update these Terms when reasonably necessary. Material changes apply prospectively as required by law. Where renewed acceptance is reasonably required, SmartGEPS may request acceptance of updated Terms.
20. Contact
support@smartgeps.com