Условия и условия (AGB)
Немската версия е авторитетна.
§ 1 Scope
These General Terms and Conditions (“Terms”) apply to all contracts for the use of the Tendova platform (tendova.eu) entered into between AAA BW GmbH (“Tendova”) and its customers. The service is offered exclusively to businesses within the meaning of § 14 of the German Civil Code (BGB) acting in the exercise of their commercial or independent professional activity. Consumers within the meaning of § 13 BGB may not use Tendova. Deviating, conflicting, or supplementary terms of the customer do not become part of the contract unless Tendova expressly agrees to their application in writing.
§ 2 Subject matter and description of services
Tendova is an information service that searches and processes tender data from publicly available sources (in particular Tenders Electronic Daily, TED) and makes it available to the customer based on configurable criteria. The scope of functionality depends on the plan selected by the customer (including “Free” and “Pro”) in accordance with the service description published on tendova.eu at the time the contract is concluded.
§ 3 Formation of contract
The presentation of plans on tendova.eu does not constitute a binding offer by Tendova, but an invitation for the customer to submit an offer. The contract is formed when Tendova accepts the customer's registration or order by activating access or confirming it.
§ 4 Prices, payment terms, and billing
The prices displayed on tendova.eu at the time the contract is concluded apply, plus applicable statutory VAT. Paid plans are billed in advance, either monthly or annually depending on the selected billing cycle. Payment processing is handled by our payment provider, Stripe; by ordering a paid plan, the customer authorizes recurring charges of the respective invoice amount until the contract is effectively terminated.
§ 5 Data source and disclaimer for tender data
Tendova is an information service and does not provide legal advice. The tender data displayed on the platform originates from third-party sources, in particular Tenders Electronic Daily (TED) of the European Union. Tendova makes no warranty as to the completeness, accuracy, or timeliness of this data. In particular, deadlines, dates, and other procedurally critical information must always be verified by the customer against the original notice published by the contracting authority. Tendova is not liable for any disadvantages arising from the use of incomplete, incorrect, or delayed tender data.
§ 6 AI-generated content
Where Tendova provides AI-assisted features (e.g. summaries or draft text), these are automatically generated drafts that may contain factual errors, omissions, or inaccuracies. AI-generated draft — review before submission. The customer is required to independently review all AI-generated content before use, in particular before submission as part of a procurement procedure. Tendova assumes no liability for the accuracy or legal admissibility of AI-generated content.
§ 7 Availability
Tendova endeavors to ensure high availability of the platform but, at the time of market launch, does not provide any contractually guaranteed minimum availability (SLA). Maintenance work, third-party service disruptions (e.g. hosting, the TED data source), and force majeure may cause temporary limitations.
§ 8 Term and termination
Paid contracts are concluded for an indefinite term with monthly or annual billing, depending on the selected billing cycle, and may be terminated by the customer at the end of the respective billing period. The free plan (“Free”) may be terminated at any time without notice. The right of both parties to terminate for good cause remains unaffected. Termination may be submitted via the account settings or in text form (§ 126b BGB).
§ 9 Liability
Tendova is liable without limitation for damages resulting from injury to life, body, or health, and for damages caused by intent or gross negligence on the part of Tendova, its legal representatives, or vicarious agents. For damages arising from the slightly negligent breach of material contractual obligations (cardinal obligations), i.e. obligations whose fulfillment is essential for the proper performance of the contract and on whose observance the customer may regularly rely, Tendova's liability is limited to the foreseeable damage typical for this type of contract. In all other respects, Tendova's liability for slightly negligent breaches of duty is excluded. The above limitations of liability do not apply to claims under the German Product Liability Act.
§ 10 Final provisions
These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent legally permissible, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Metzingen. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.