tenderyLast Updated: July 6, 2025
1. Introduction and Scope
These Terms of Service ("Terms") govern your access to and use of the services provided by Tendery UG (haftungsbeschränkt), located at Kreuzbergstraße 42a, 10965 Berlin, Germany ("Tendery.ai," "we," "us"). By creating an account or using our services, you agree to be bound by these Terms.
2. Service Description
Tendery.ai provides a software-as-a-service platform for discovering and analyzing public procurement tenders within the European Union, enhanced by semantic search and AI copilot features. We strive to ensure high service availability but do not guarantee uninterrupted access.
3. Account Registration and User Obligations
You must provide accurate and complete information when registering for an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree not to share your credentials or use the service for any illegal or unauthorized purpose.
4. Subscriptions, Payment, and Cancellation
Our services are offered under various subscription plans, which may include free and paid tiers. Fees for paid subscriptions are billed in advance on a recurring basis (e.g., monthly or annually).
Subscriptions will automatically renew at the end of each billing cycle unless you cancel your subscription through your account settings before the renewal date. You may cancel your paid subscription at any time, and the cancellation will take effect at the end of the current billing period. No refunds will be provided for partial subscription periods.
5. Intellectual Property
All content, software, and technology on the Tendery.ai platform are the exclusive property of Tendery UG (haftungsbeschränkt) or its licensors and are protected by copyright and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use our services in accordance with these Terms.
6. Liability (Haftung)
a) We are unreservedly liable for damages caused by intent or gross negligence.
b) In cases of simple negligence, we are only liable for the breach of essential contractual obligations (Kardinalpflichten). An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose observance you may regularly rely. In this case, our liability is limited to the typical, foreseeable damage at the time the contract was concluded, **but shall in no event exceed the total fees paid by you for the service in the twelve (12) months preceding the event giving rise to the claim.**
c) The limitations of liability do not apply to damages resulting from injury to life, body, or health, in cases of fraudulent concealment of defects, or under the German Product Liability Act (Produkthaftungsgesetz).
7. Use of Customer Name and Logo
If you are using our services on behalf of a company or other legal entity, you grant Tendery.ai a non-exclusive, worldwide, royalty-free, and revocable license to use your company's name and logo for marketing and promotional purposes. This may include displaying your name and logo on our website, in customer lists, and in other marketing materials.
Right to Revoke: You may revoke this license at any time by sending a written request to us at [email protected]. Upon receipt of your request, we will cease using your name and logo in any new marketing materials and will make commercially reasonable efforts to remove them from our existing materials.
8. Termination
We may terminate or suspend your access to our service immediately, without prior notice, if you breach these Terms. You may terminate your account at any time by following the instructions on our platform. Upon termination, your right to use the service will cease immediately.
9. Changes to Terms
We reserve the right to modify these Terms at any time. If a change is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the service after the changes become effective constitutes your acceptance of the new Terms.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Berlin.
11. Severability Clause (Salvatorische Klausel)
Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
12. Language
These Terms of Service are originally drafted in English. We provide translations into other languages for your convenience. In the event of any conflict or discrepancy between the English version and a translated version, the German version shall be the legally binding and prevailing one.
If you have any questions about these Terms, please contact us at [email protected].