Terms of Service — Torre Index Philippine B2G Terminal

1. Acceptance of Terms & Platform Purpose

Welcome to Torre Index (the "Platform", "Service", or "Terminal"). By accessing or utilizing the Platform, whether as an unauthenticated guest, a registered Free Observer, or an institutional subscriber (Torre Pro or Supplier Lead Radar), you acknowledge and agree to be bound by these Terms of Service.

Torre Index is an analytical business intelligence utility indexing public open-contracting procurement datasets from the Republic of the Philippines pursuant to Republic Act No. 12009 (The New Government Procurement Act / NGPA) and Section 176 of the Intellectual Property Code (RA 8293).

2. Statutory Safe Harbor & Antitrust Compliance (RA 10667)

Torre Index strictly operates within the lawful safe-harbor boundaries defined under Republic Act No. 10667 (Philippine Competition Act) and the guidelines promulgated by the Philippine Competition Commission (PCC).

Public Transparency: All contractor market share records, contract award values, and procuring entity historical summaries reflect official, publicly awarded government transactions.
Non-Collusion Mandate: The Platform does not facilitate, encourage, or permit horizontal price-fixing, bid suppression, market allocation, or bid rotation conspiracies prohibited under Section 14(a) of RA 10667.
k-Anonymity Safe Harbors: Aggregated wholesale material pricing and tender congestion telemetry enforce statistical thresholds ($k \ge 3$ and $k \ge 5$) to ensure zero identifiable competitor signaling.

3. Non-Practice of Law & Clerical Computation Disclaimer (Rule 138)

DISCLAIMER UNDER RULE 138, SECTION 34 (RULES OF COURT): Torre Index is an algorithmic, clerical, and arithmetic calculation software. The Platform does not render legal advice, legal representation, or legal opinions. All calculations concerning Single Largest Completed Contract (SLCC) eligibility, Net Financial Contracting Capacity (NFCC), and statutory GPPB Envelope 1 packets are arithmetic simulations generated exclusively from user inputs and indexed open government records. Final bidder eligibility and responsiveness remain under the exclusive statutory authority of the Procuring Entity's Bids and Awards Committee (BAC) pursuant to RA 12009.

4. Client-Side Zero-Custody Mode (RA 10173)

In compliance with the Data Privacy Act of 2012 (Republic Act No. 10173), contractor proprietary files, balance sheets, audited financial statements, and PRC license numbers utilized inside the Statutory Bidding Packager are processed in Client-Side Zero-Custody Mode (in-memory execution). Torre Index does not store, monetize, or persist confidential balance sheet files on server disks.

5. Subscriptions, Payments & Right of Reply

Institutional subscriptions (Torre Pro @ ₱1,999/30-days, Supplier Lead Radar @ ₱2,999/30-days) are processed securely through licensed payment gateway rails (PayMongo) supporting GCash, Maya, and Visa/Mastercard.

Right of Reply & Discrepancy Desk: Pursuant to landmark Philippine Supreme Court jurisprudence on open public records (*Borjal v. CA*, 301 SCRA 1), contractors and procuring entities possess an institutional right of reply. Discrepancies, clerical award misattributions, or corporate Joint Venture corrections may be formally lodged through the in-app Discrepancy Desk (/api/report-discrepancy) for immediate compliance verification.

6. Governing Law & Jurisdiction

These Terms shall be governed by, construed, and enforced exclusively in accordance with the substantive and procedural laws of the Republic of the Philippines. Any legal controversy arising under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Quezon City, Metro Manila.