Terms and Conditions

(1) These General Terms and Conditions (hereinafter "Terms" or "GTC") apply to all contracts between

(hereinafter "Provider" or "vergabefix") and the customer (hereinafter "Customer" or "User") regarding the use of the Software-as-a-Service platform vergabefix (hereinafter "Platform" or "Service").

(2) The Platform is intended exclusively for business customers within the meaning of § 14 BGB (German Civil Code) (B2B). A business customer is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

(3) Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their validity in writing.

(4) The current version of these Terms is available on the Platform under the menu item "Terms".

(1) The subject matter of the contract is the provision of the web-based Software-as-a-Service platform vergabefix for searching, filtering, and managing public tenders from sources such as TED (Tenders Electronic Daily) and Bund.de (the German federal government's tender portal).

(2) The Platform offers the following features in particular:

• Search and filtering of public tenders
• Automatic eligibility matching based on company profiles
• Notifications about new relevant tenders (Alert system)
• Management of company profiles and documents
• AI-powered features such as semantic search and summaries

(3) The exact scope of features depends on the plan selected by the Customer. The current plans and their scope of services are available on the Platform under "Pricing".

(4) The Provider makes the Platform available within the scope of its technical and operational capabilities. There is no entitlement to uninterrupted availability. The Provider is entitled to carry out maintenance work that may lead to temporary restrictions. Planned maintenance work will be announced in advance.

(5) The Provider is entitled to further develop and improve the Platform. The Customer has no entitlement to the retention of a specific scope of features, provided that the essential features of the booked plan are retained.

(1) The contract is concluded by the Customer's registration on the Platform and confirmation of these Terms. By using the Platform, the Customer agrees to these Terms.

(2) Truthful and complete information is required for registration. The Customer warrants that they are authorized to represent the specified company.

(3) Each Customer may only create one user account. Sharing login credentials with third parties is prohibited unless they have been added as authorized users within the scope of the booked plan.

(4) The Provider reserves the right to reject registrations without giving reasons.

(1) The Platform is offered in various plan tiers:

• Starter: 1 user
• Team: up to 3 users
• Business: up to 10 users
• Enterprise: 25 or more users

(2) The number of users corresponds to the number of natural persons who have access to the Platform. Each person may only use one user account. Sharing a user account among multiple persons is not permitted.

(3) If the number of users included in the plan is exceeded, the Customer is obliged to upgrade to a higher plan.

(4) A free 14-day trial is available for new customers. After the trial period expires, a paid plan must be booked to continue using the Platform.

(1) The Platform is currently in beta phase. During this phase, use is free of charge.

(2) The beta phase may occur in multiple stages. New features may initially be made available free of charge as beta features before being transferred to the regular scope of features.

(3) After the beta phase ends, there will be an automatic transition to regular operation. The Customer will be informed in advance by email about the end of the beta phase and the applicable conditions. Cancellation must be actively initiated by the Customer.

(4) Beta users may receive special conditions or discounts. Details will be communicated separately.

(5) During the beta phase, features may be limited or subject to change. The Provider does not guarantee the full functionality of all features.

(1) Current prices are available on the Platform under "Pricing". All prices are exclusive of statutory VAT.

(2) Billing is either monthly or annually in advance. Payment is due at the beginning of the respective billing period.

(3) The following payment methods are accepted:

• Credit card
• SEPA bank transfer
• Klarna

(4) For monthly billing, payment for the following month must be made during the current month. If payment is not made on time, access to the Platform will automatically be terminated at the end of the paid period.

(5) In case of payment default, the Provider is entitled to suspend access to the Platform until the outstanding amounts have been paid.

(6) The Provider reserves the right to change prices. Price changes will be communicated to the Customer at least 30 days before they take effect via email or the internal inbox feature. In the event of a price increase, the Customer has a special right of termination. Termination must be made before the end of the current billing period. The current billing period will still be charged at the old price.

(1) For monthly billing, the minimum contract term is one (1) month. The contract can be terminated at any time effective at the end of the current billing period.

(2) For annual billing, the minimum contract term is one (1) year. The contract can be terminated effective at the end of the contract term.

(3) The contract is automatically renewed for the respective billing period (month or year) unless terminated before expiration.

(4) Termination can be made via the account settings on the Platform or by email to info@vergabefix.de.

(5) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if:

• The Customer violates material contractual obligations and does not remedy this violation within a reasonable period despite a warning;
• The Customer uses the Platform for illegal purposes;
• The Customer is in default of payment for more than two monthly installments.

(6) Amounts already paid for unused periods will not be refunded upon ordinary termination, unless termination occurs due to a price increase or material service limitation by the Provider.

(1) The Customer is obliged to keep their login credentials (username and password) secret and protect them from third-party access. In case of suspected misuse, the Customer is obliged to inform the Provider immediately and change the password.

(2) The Customer is responsible for the accuracy and currency of the data stored in their profile.

(3) The Customer is responsible for all activities that occur under their user account.

(4) The Customer agrees to use the Platform only for lawful purposes within the scope of their business activities.

(5) The Customer is responsible for creating regular backups of their data.

(1) The Customer is prohibited from:

• Copying, modifying, deriving from, decompiling, reverse engineering, or otherwise attempting to extract the source code of the Platform or parts thereof;
• Making the Platform available to third parties, reselling, or sublicensing it;
• Performing automated access (bots, scrapers) on the Platform unless expressly authorized;
• Using the Platform in a manner that impairs its functionality or security;
• Distributing illegal, offensive, defamatory, or otherwise objectionable content through the Platform;
• Sharing login credentials with unauthorized third parties;
• Removing or altering copyright notices or other proprietary notices.

(2) In case of violations of these provisions, the Provider is entitled to block access to the Platform with immediate effect and terminate the contract without notice.

(1) Customer data is stored on servers in Germany.

(2) After termination of the contract, Customer data will be retained for a period of 30 days to give the Customer the opportunity to export their data. After this period, the data will be irrevocably deleted.

(3) The Customer can request an export of their data at any time by email to info@vergabefix.de. The export will be provided in a common format (e.g., CSV, JSON).

(4) Upon deletion of the Customer account at the Customer's request, all personal and company data will be completely deleted, unless statutory retention obligations apply.

(5) The processing of personal data is carried out in accordance with the separate Privacy Policy, which is available under "Privacy" on the Platform.

(1) The Platform uses AI services from third-party providers (OpenAI) for certain features (e.g., semantic search, automatic summaries).

(2) Only non-critical data such as search terms and publicly available tender texts are transmitted to these services. Sensitive company data (e.g., financial data, insurance information, bank details) are not shared with third-party providers.

(3) The results of AI-powered features serve only as assistance and do not replace independent review by the Customer. The Provider does not guarantee the accuracy, completeness, or currency of AI-generated content.

(4) Klarna services are used for payment processing. Data processing by Klarna is subject to their own privacy policy.

(1) All rights to the Platform, including the source code, user interface, documentation, and all related intellectual property rights, remain with the Provider.

(2) The Customer receives a non-exclusive, non-transferable right to use the Platform within the scope of the booked plan for the duration of the contract.

(3) Data and content entered by the Customer remain the property of the Customer. The Customer grants the Provider the usage rights necessary to provide the services.

(4) The Provider is entitled to use anonymized and aggregated usage data for statistical purposes and to improve the Platform.

(1) The Provider warrants that the Platform essentially corresponds to the described features.

(2) The Provider assumes no warranty for:

• The accuracy, completeness, or currency of the tender data displayed on the Platform, as this comes from external sources (TED, Bund.de);
• The results of eligibility matching or AI-powered features;
• Uninterrupted availability of the Platform;
• The suitability of the Platform for a specific purpose of the Customer.

(3) The Customer must report defects to the Provider immediately after discovery. The Provider will endeavor to remedy reported defects promptly.

(4) Minor deviations from the service description that do not significantly impair usability do not constitute defects.

(1) The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for damages based on intent or gross negligence of the Provider, its legal representatives, or vicarious agents.

(2) In case of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited in amount to the typically foreseeable damage, but in no case more than the total amount paid by the Customer in the 12 months prior to the damage event.

(3) Further liability for slight negligence is excluded.

(4) The Provider is not liable for:

• Lost profits, lost contracts, or other indirect damages and consequential damages;
• Damages based on the inaccuracy or incompleteness of tender data from external sources;
• Damages caused by incorrect or incomplete information from the Customer;
• Damages caused by force majeure or circumstances beyond the Provider's control;
• Damages caused by unauthorized use of the Customer's login credentials.

(5) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

(1) The Customer indemnifies the Provider against all third-party claims arising from unlawful use of the Platform by the Customer or with the Customer's approval, or arising from data protection, copyright, or other legal disputes related to the use of the Platform.

(2) The Customer assumes the reasonable costs of necessary legal defense of the Provider, including court and attorney fees at the statutory rate. This does not apply if the Customer is not responsible for the legal violation.

(1) The Provider reserves the right to amend these Terms with effect for the future, provided this is objectively justified and does not unreasonably disadvantage the Customer.

(2) Changes will be communicated to the Customer by email or via the Platform's internal inbox feature. The changes shall be deemed approved if the Customer does not object within 30 days of receipt of the notification. The Provider will specifically draw attention to this legal consequence in the change notification.

(3) In case of objection, both parties have the right to terminate the contract at the end of the current billing period.

(1) The Provider offers support by email at: info@vergabefix.de

(2) Support requests are usually answered within two business days. There is no entitlement to compliance with specific response times.

(3) Support includes answering questions about using the Platform and receiving incident reports. It does not include training, individual consulting, or customization of the software to customer requirements.

(1) Both parties agree to treat all confidential information of the other party obtained during the contractual relationship as confidential and to use it only for the purposes of this contract.

(2) This obligation continues after termination of the contract.

(3) The confidentiality obligation does not apply to information that is or becomes publicly known without this being due to a breach of this agreement.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Osnabrück, Germany, if the Customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law.

(3) Should individual provisions of these Terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid or unenforceable provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

(4) Amendments and additions to this contract require text form. This also applies to the waiver of this text form requirement.

(5) The assignment of rights and obligations under this contract by the Customer requires the prior written consent of the Provider.