PUBLIC AGREEMENT FOR THE PROVISION OF INFORMATION AND OTHER SERVICES

PUBLIC AGREEMENT FOR THE PROVISION OF INFORMATION AND OTHER SERVICES

This Public Agreement is supplemented by the following Special Terms, each governing a specific service:

KEY DEFINITIONS USED IN THIS AGREEMENT

Tender.am Electronic Platform (hereinafter, the “Platform” or the “System”) — an electronic system operating through the Tender.am website, its subdomains, and environments technically integrated with the Platform, through which Users are provided with information, digital functionality, and Platform Services.

System Operator (hereinafter, the “Operator”) — Barrus Group LLC, which operates the Tender.am Platform and provides Users with access to and the ability to use the Platform and Platform Services.

Visitor — a person who visits the Platform but is not registered on the Platform or has not logged into their Account.

User — a natural person or legal entity duly registered on the Platform, having an Account and the ability to use the relevant free and paid Platform Services.

Registration — the process of creating an Account on the Platform, during which a person provides the data required by the Platform, including an email address and, where necessary, other information, and sets a password. Registration on the Platform is free of charge.

Account — an individual electronic account created for a User on the Platform as a result of Registration, through which the User is identified on the Platform and obtains access to the relevant functionality and Platform Services.

Personal Area — the User's individual environment on the Platform linked to the Account, through which the User may manage their data, settings, services, Wallet, and other functionality available on the Platform.

Platform Services — free or paid informational, publishing, search, notification, professional, educational, employment-related, communication, and other digital services and functionality provided by the Operator through the Platform, including opportunities for Users to create, post, publish, search for, and use information, announcements, and other content. Platform Services may be available through the Platform's main domain, its subdomains, or environments technically integrated with the Platform.

Free Service — a Platform service or function that the User may use without making a payment.

Paid Service — a service or additional function offered through the Platform for which the User pays the price published on the Platform at the relevant time or calculated in accordance with the terms applicable to the relevant service.

Service Terms — the terms published on the Platform for the relevant service, which may include the service description, price or pricing method, validity period, scope, limitations, payment or charging procedure, and other conditions of use.

Wallet (Account Balance) — an internal accounting system available in the User's Personal Area that reflects the balance of funds prepaid by the User and not yet used to pay for Paid Services available on the Platform. The Wallet is not a bank account, payment account, deposit, or electronic money and is intended for accounting for payments for the Platform's Paid Services.

Wallet Funding — a prepayment made by the User for the future use of Paid Services through a bank card, bank transfer, or another payment method available on the Platform, as a result of which the corresponding amount is reflected in the User's Wallet.

Wallet Balance — the amount recorded in the Wallet representing funds prepaid by the User and not yet used to purchase Paid Services.

Charge — a reduction of the Wallet Balance by the price of the relevant Paid Service based on an action performed by the User, previously accepted Service Terms, or prior consent provided by the User.

Information — data, announcements, documents, and other information posted on the Platform or made available to the User through the Platform.

User Content — any information, announcement, document, text, image, or other material created, entered, uploaded, posted, published, or submitted for publication by the User on the Platform.

Official Notification — a communication from the Operator made available to the User in the Personal Area and/or the relevant notifications section of the Platform.

Proper Use of the System — use of the Platform in compliance with this Agreement, applicable law, and the rules of use established on the Platform.

System Usage Restrictions — reasonable technical and software measures applied by the Operator to ensure the security and normal functioning of the Platform, the protection of data, and the use of services in accordance with the applicable terms.

1. SUBJECT MATTER OF THE AGREEMENT

1.1. The subject matter of this Agreement is the provision by the Operator to Users of access to and the ability to use the Platform and Platform Services in accordance with this Agreement and the terms established on the Platform for the relevant service.

1.2. Individual Platform Services may be provided free of charge or for a fee and may include the ability to search for, receive, create, post, publish, and use information and content, as well as to interact through the Platform with other Users or third parties.

1.3. The Operator may modify and supplement the composition, functionality, and availability conditions of Platform Services. The introduction of a new service or function does not in itself require amendment of this Agreement unless its use creates material legal relationships not governed by this Agreement.

1.4. Additional or special terms may apply to individual Platform Services. Before using the relevant service, the User is given an opportunity to review the terms applicable to that service.

1.5. In matters directly relating to a particular service, the special terms applicable to that service prevail over the general provisions of this Agreement. General matters relating to payments, the Wallet, Charges, and refunds are also governed by the Platform's Special Terms for Payments, Wallet and Refunds unless otherwise provided by the special terms applicable to the relevant service.

1.6. No provision may limit any User right that cannot be limited under the applicable laws of the Republic of Armenia.

2. CONDITIONS FOR ACCESSION TO THE AGREEMENT AND REGISTRATION ON THE PLATFORM

2.1. This Agreement constitutes an adhesion agreement within the meaning established by the laws of the Republic of Armenia.

2.2. Registration of an Account on the Platform is free of charge.

2.3. To register, a person provides the data required by the Platform, including first name, last name, and email address, sets a password, and, where required by the Platform, provides other necessary information.

2.4. The User is deemed to have acceded to this Agreement when the User accepts its terms through the relevant action during Registration on the Platform.

2.5. By accepting this Agreement, the User confirms that they have reviewed its terms, understand their content, and accept them in full.

2.6. The User must provide accurate and up-to-date information during Registration and update such information where necessary.

2.7. The Operator may verify the User's email address and/or telephone number through a verification code, link, or other technical means.

2.8. The Operator may restrict the creation or use of multiple Accounts by one person where necessary to ensure Platform security, prevent abuse, or ensure compliance with the terms of relevant services.

2.9. The User is responsible for maintaining the confidentiality and security of their Account access credentials.

2.10. The User must immediately notify the Operator of any unauthorized use of their Account or any suspected compromise of their access credentials.

2.11. Registration and creation of an Account do not, by themselves, create any payment obligation for the User.

2.12. The User may not unilaterally amend the terms of this Agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Operator has the right to:

3.1.1. Record actions, logins, and technical data related to the use of the Platform.

3.1.2. Apply technical and software restrictions necessary for the proper, secure, and intended use of the Platform.

3.1.3. Determine the types, functionality, prices or pricing mechanisms, validity periods, usage scope, and other conditions of Platform Services.

3.1.4. Add, modify, or discontinue individual Platform Services and functions while preserving Users' rights in relation to Paid Services already purchased.

3.1.5. Temporarily restrict or block a User's Account or access to individual services if the User violates this Agreement, attempts to circumvent technical restrictions, creates a security risk to the Platform, or where there are reasonable grounds to suspect unauthorized use or fraudulent activity.

3.1.6. Terminate this Agreement and close or restrict the relevant Account in the event of material or repeated violations by the User.

3.1.7. Perform technical maintenance, updates, and development of the Platform.

3.1.8. Refuse to publish User Content, withhold publication, restrict access to, or remove User Content where it violates this Agreement, applicable law, third-party rights, or the publication conditions applicable to the relevant service.

3.2. The Operator is obliged to:

3.2.1. Following Registration and in the absence of technical obstacles, provide the User with access to their Account and Personal Area.

3.2.2. Before the purchase of a Paid Service, make available to the User the description of the relevant service, its price or pricing conditions, and its principal conditions of use.

3.2.3. Following confirmation of payment for Wallet Funding, reflect the corresponding amount in the User's Wallet.

3.2.4. Charge funds from the Wallet only for Paid Services selected or previously agreed to by the User, in accordance with the terms applicable to the relevant service.

3.2.5. Within technical capabilities, provide information in the Personal Area regarding the Wallet Balance and completed transactions.

3.2.6. Provide Official Notifications in accordance with this Agreement.

3.3. The User has the right to:

3.3.1. Register on the Platform free of charge and maintain an Account and Personal Area.

3.3.2. Use Free Services in accordance with the applicable terms.

3.3.3. Fund the Wallet and purchase Paid Services.

3.3.4. Review the price or pricing conditions and principal terms of a Paid Service before purchasing it.

3.3.5. View the available Wallet Balance and, within technical capabilities, the transaction history in the Personal Area.

3.3.6. Use purchased services in accordance with the applicable Service Terms.

3.3.7. Create, post, publish, or submit User Content for publication within the relevant Platform Services.

3.4. The User is obliged to:

3.4.1. Comply with the laws of the Republic of Armenia, this Agreement, and the terms applicable to relevant services.

3.4.2. Provide accurate information and update it where necessary.

3.4.3. Maintain the security of their Account access credentials.

3.4.4. Not transfer their Account for use by third parties, except where the Platform provides functionality for additional users.

3.4.5. Not circumvent the Platform's technical or software restrictions.

3.4.6. Not use automated means to collect, copy, or export data from the Platform on a mass scale without the Operator's consent, unless such functionality is expressly provided by the relevant service.

3.4.7. Not resell or provide third parties with access to Paid Services without the appropriate right to do so.

3.4.8. Publish only content for which the User has the necessary rights and legal grounds for publication and use.

3.4.9. Be responsible for the content, legality, and accuracy of content posted or published by the User.

4. PAYMENTS, WALLET FUNDING AND PAID SERVICES

4.1. Registration on the Platform and creation of an Account are free of charge. Individual Platform Services may be provided on a paid basis.

4.2. The prices of Paid Services or the conditions for calculating such prices, together with the principal terms, are published on the Platform and made available to the User before the corresponding payment obligation arises.

4.3. To use Paid Services, the User may pre-fund the Wallet using one of the payment methods available on the Platform, including a bank card or bank transfer.

4.4. Bank card payments and other electronic payments are processed through the relevant payment services integrated with the Platform.

4.5. An amount paid for Wallet Funding constitutes a prepayment by the User for the subsequent purchase of Paid Services and is reflected in the User's Wallet after confirmation of the relevant payment.

4.6. The balance reflected in the Wallet does not constitute a bank deposit, funds held in a bank or payment account, or electronic money.

4.7. The price of a Paid Service may be charged from the Wallet based on an action by the User confirming the purchase of the service or based on Service Terms previously accepted by the User and consent previously provided.

4.8. Where the terms of a relevant service provide for automatic, recurring, or deferred Charges, such Charges may be made only within the scope of the terms previously accepted and consent provided by the User.

4.9. Where the exact amount of each Charge cannot be known in advance due to the nature of the service, the applicable pricing and charging conditions are presented to the User before the relevant consent is provided.

4.10. Unless otherwise provided by the terms applicable to the relevant service, a Paid Service may be activated or a corresponding Charge made only where there is a sufficient Wallet Balance.

4.11. Wallet Funding does not, by itself, constitute the purchase of any specific Paid Service.

4.12. The Operator may change the prices of Paid Services and their pricing mechanisms. New conditions apply to new purchases or new payment obligations arising after such conditions take effect unless otherwise provided by the special terms applicable to the relevant service.

4.13. In the event of a technical payment error, duplicate Charge, or failure to reflect a paid amount in the Wallet, the User may contact the Operator and provide the information necessary to identify the payment.

4.14. Funds reflected in the Wallet are intended for the purchase of Paid Services without limiting any right to a refund provided by this Agreement or applicable law.

4.15. Accounting and payment documents are provided in the cases and manner required by the laws of the Republic of Armenia.

4.16. Detailed general rules governing payments, the Wallet, automatic Charges, erroneous or duplicate Charges, and refunds may be established by the Platform's Special Terms for Payments, Wallet and Refunds.

5. REFUNDS AND REFUND OF WALLET BALANCE

5.1. The monetary balance available in the User's Wallet and not yet used to purchase Paid Services may be refunded at the User's request.

5.2. To request a refund, the User submits an appropriate request to the Operator using a communication method designated by the Operator on the Platform.

5.3. The refundable amount is determined based on the actual unused Wallet Balance available at the time the refund request is submitted.

5.4. Amounts charged for Paid Services that have already been provided, activated, or properly made available to the User are not refundable solely because the User did not use or did not fully use the service, except where otherwise provided by this Agreement, the special terms applicable to the relevant service, or applicable law.

5.5. Where the Wallet was funded by bank card, the refund is generally made on a non-cash basis through a refund of the corresponding card transaction, where technically and legally applicable.

5.6. An amount paid by bank transfer may be refunded to the relevant bank account.

5.7. The Operator may carry out checks necessary to identify and verify the legitimacy of the refund request and the relevant transaction.

5.8. In the event of a confirmed duplicate or erroneous Charge, or where a Paid Service was not provided due to a technical error confirmed by the Operator, the corresponding amount is refunded or, with the User's consent and where permitted by applicable rules, restored to the Wallet.

5.9. The processing time for a refund and the actual crediting of funds may depend on the relevant bank, card scheme, or other payment service provider.

5.10. Refunds are also governed by the Platform's Special Terms for Payments, Wallet and Refunds.

6. TERM OF THE AGREEMENT, ACCOUNT CLOSURE AND AMENDMENTS

6.1. This Agreement enters into force when the User accedes to it and remains in force until the Account is closed or the Agreement is terminated.

6.2. The User may request closure of their Account and termination of this Agreement through the relevant functionality available on the Platform or through a communication method designated by the Operator.

6.3. Upon closure of the Account, the unused Wallet Balance eligible for refund is governed by Section 5 of this Agreement and the applicable Special Terms for Payments, Wallet and Refunds.

6.4. Closure of the Account or termination of the Agreement does not extinguish rights and obligations properly arising between the Parties before such closure or termination.

6.5. The Operator may temporarily restrict access to an Account or individual services in the event of a violation of this Agreement, a security threat, abuse, unauthorized use, or reasonable suspicion of fraud.

6.6. In the event of material or repeated violations by the User, the Operator may terminate this Agreement and close or restrict the relevant Account.

6.7. The Operator may amend this Agreement by publishing a new version on the Platform.

6.8. Users are notified of material amendments to the Agreement through the Platform.

6.9. Additional notification by email, SMS, or another external communication method is a right, rather than an obligation, of the Operator unless otherwise required by applicable law.

6.10. Amendments to the Agreement may not retroactively alter, to the detriment of the User, the principal terms of a service already purchased and paid for, except where such amendment is required by applicable law.

7. USER CONTENT AND PUBLICATIONS

7.1. Individual Platform Services may allow Users to create, upload, post, submit, or publish announcements, profiles, documents, texts, images, and other content.

7.2. The User is responsible for the content, accuracy, legality, and compliance with third-party rights of any content posted or published by the User.

7.3. The User must post or publish only content for which they have the necessary rights or other legal basis for use, publication, or distribution.

7.4. The Operator may refuse publication, temporarily withhold publication, restrict access to, or remove content where it:

violates applicable law;
infringes third-party rights;
violates this Agreement;
does not comply with the special terms applicable to the relevant service;
contains harmful, misleading, or technically dangerous material.

7.5. Review, editing, or approval of content by the Operator does not constitute a guarantee of its accuracy, completeness, or legality.

7.6. Content made public by the User may become accessible to other Users, Visitors, or the general public depending on the nature of the relevant service and the settings selected by the User.

8. STATUS OF INFORMATION AND LIABILITY OF THE PARTIES

8.1. The Parties are liable in accordance with the laws of the Republic of Armenia and this Agreement.

8.2. Where information presented on the Platform has been obtained from an external, official, or public source, the relevant original source may be indicated on the Platform where appropriate.

8.3. The Operator is not responsible for the content, accuracy, completeness, or timeliness of information published by third parties or in external sources, or for errors contained therein.

8.4. The Operator does not undertake to ensure the presence on the Platform of all information published in every possible original source or to ensure its availability within any particular period.

8.5. Where there is a discrepancy between information presented on the Platform and information published in the relevant original source, the information in the original source prevails for legal or factual assessment purposes unless otherwise provided by applicable law.

8.6. Information provided on the Platform is primarily informational and does not replace the User's independent verification of relevant original sources, documents, deadlines, and other material information.

8.7. The User is independently responsible for decisions made based on information available through the Platform to the extent permitted by law.

8.8. The Operator is not responsible for failures of external systems, third-party services, communication systems, payment systems, or infrastructure outside the Operator's reasonable control.

8.9. The Operator does not guarantee that automated search, classification, matching, or AI mechanisms will in all cases identify or accurately classify all information potentially relevant to the User.

8.10. In the event of a material and confirmed unavailability of an already paid service attributable to the Operator, the service period may be extended, the corresponding amount may be refunded, or the Wallet Balance may be restored in accordance with the terms applicable to the relevant service and applicable rules.

9. USE OF ARTIFICIAL INTELLIGENCE AND AUTOMATED FUNCTIONS

9.1. The Platform may use artificial intelligence, automated analysis, search, classification, matching, and other digital technologies.

9.2. AI and automated functions may be used, in particular, for:

searching and classifying information;
identifying relevant announcements or content;
providing personalized recommendations;
analyzing documents and data;
generating responses to User queries;
providing other Platform Services.

9.3. Responses, summaries, classifications, assessments, and recommendations provided by AI systems may be generated automatically and do not constitute official legal, financial, or professional advice unless expressly stated otherwise in the terms applicable to the relevant service.

9.4. The User must independently verify any material information obtained through AI or automated functionality by reference to original sources and relevant documents.

9.5. Detailed terms governing data processing in connection with AI Services are set out in the Platform's Privacy Policy.

10. PROFESSIONAL PROFILES AND OTHER SPECIAL FUNCTIONS

10.1. The Platform may allow Users to create professional profiles and use services relating to professionals, employment, education, and other professional activities.

10.2. Professional information provided by the User within the relevant services may be published or made available to other Users in accordance with the User's choices and the terms applicable to the relevant service.

10.3. The creation or publication of a professional profile or inclusion in a relevant database of professionals does not constitute confirmation or a guarantee by the Operator of the User's professional qualifications, experience, or skills.

10.4. Additional special terms may apply to individual professional, educational, employment-related, or communication services.

11. COMMUNICATIONS AND NOTIFICATIONS

11.1. Official Notifications from the Operator are provided through the Platform in the User's Personal Area and/or the relevant notifications section.

11.2. An Official Notification made available to the User through the Platform is deemed duly provided from the moment it is made available, regardless of whether the User actually reads it.

11.3. The User must periodically review the relevant notifications section of the Platform.

11.4. The Operator may additionally send communications by email, SMS, or another available communication method.

11.5. Unless otherwise provided by the terms applicable to the relevant service, external communication methods are supplementary and do not replace an Official Notification provided through the Platform.

11.6. The Operator is not responsible for the non-receipt or delay of an email, SMS, or other external communication where the reasons are outside the Operator's reasonable control.

11.7. Special rules governing the provision, payment, Charging, and timing of notifications for individual notification services are established by the special terms applicable to the relevant service.

12. PERSONAL DATA AND PRIVACY

12.1. The Operator processes personal and other data necessary for the operation of the Platform and the provision of relevant services.

12.2. Data may be processed for User identification, Account management, service provision, payment accounting, security, and compliance with the Operator's legal obligations.

12.3. The Operator may process both data provided by the User and technical and operational data generated through the use of the Platform.

12.4. Necessary data may be transferred or made available to third parties to the extent required for the operation of the Platform and provision of relevant services, subject to applicable law.

12.5. When payments are made by bank card, data necessary to process the card transaction may be processed by the relevant bank, processing center, and payment systems.

12.6. The Operator implements organizational and technical measures appropriate to the nature of its activities to protect data processed by it against unauthorized access, alteration, disclosure, or loss.

12.7. Detailed terms governing the processing, storage, transfer, and protection of personal data and User rights are set out in the Platform's Privacy Policy.

12.8. The Platform may use cookies and similar technologies in accordance with the relevant policy and applicable law.

13. FORCE MAJEURE

13.1. The Parties are released from liability for partial or complete failure to perform their obligations where such failure is caused by force majeure circumstances.

13.2. Force majeure circumstances may include, in particular, natural disasters, war, military operations, states of emergency, mandatory acts of public authorities, large-scale infrastructure or communication failures, and other similar circumstances outside the reasonable control of the Parties.

13.3. During the period in which force majeure circumstances continue, performance of the relevant obligations is suspended to the extent that performance has become impossible as a result of such circumstances.

13.4. If force majeure circumstances continue for more than three months and performance of the Agreement becomes practically impossible, either Party may terminate the Agreement.

13.5. Termination of the Agreement under this Section does not extinguish payment or refund obligations properly arising before termination.

14. DISPUTE RESOLUTION AND APPLICABLE LAW

14.1. This Agreement and the relations arising between the Parties under it are governed by the laws of the Republic of Armenia.

14.2. In the event of disputes relating to the performance, interpretation, amendment, or termination of the Agreement, the Parties shall, where possible, seek to resolve them through negotiations.

14.3. The User may submit an inquiry, complaint, or claim to the Operator through communication tools available on the Platform or using the Operator's contact details published on the Platform.

14.4. If a dispute cannot be resolved through negotiations, it shall be resolved by the competent court in accordance with the laws of the Republic of Armenia.

15. FINAL PROVISIONS

15.1. This Agreement may be published in Armenian, Russian, and English.

15.2. In the event of any conflict, inconsistency, or difference in interpretation between the language versions, the Armenian version shall prevail.

15.3. The relevant language version of the Agreement may be made available to the User depending on the language selected on the Platform. Acceptance of any language version constitutes acceptance of this Agreement.

15.4. Matters not governed by this Agreement are governed by the applicable laws of the Republic of Armenia.

15.5. If any provision of this Agreement is found to be wholly or partially invalid or unenforceable, this does not affect the validity or enforceability of the remaining provisions.

15.6. Additional or special terms may apply to individual Platform Services.

15.7. This Agreement, the Privacy Policy, the Special Terms for Payments, Wallet and Refunds, the special terms applicable to relevant services, and the choices and confirmations made by the User on the Platform collectively govern the relevant relationship between the Parties.

15.8. Matters directly relating to the specific features of a particular service are governed by the special terms applicable to that service, while general payment matters are governed by the Special Terms for Payments, Wallet and Refunds, to the extent that such terms do not conflict with mandatory requirements of applicable law.

15.9. Failure by the Operator to exercise any right for a certain period does not constitute a waiver of that right.

15.10. The Operator may engage third parties to perform individual Platform functions and provide services, subject to applicable law.

15.11. The User must use the Platform only for lawful purposes, must not infringe the rights of others, and must not interfere with the normal operation of the Platform.

15.12. The current version of this Agreement is permanently available on the Platform.

PLATFORM OPERATOR

Barrus Group LLC
Tax Identification Number: 01847616
Address: 2 Arshakunyats Avenue, Premises 430, Yerevan, Republic of Armenia
Platform: Tender.am