Terms and Conditions

1. Scope and provider

These Terms and Conditions govern the use of the Polytender platform (the "Platform"). The provider and contracting party is HeyQQ GmbH, Wasagasse 23, 1090 Vienna, Austria (company register no. FN 572680b, Commercial Court of Vienna, VAT ID ATU77744201), hereinafter "we".

The Platform is directed exclusively at entrepreneurs within the meaning of section 1 of the Austrian Consumer Protection Act (KSchG) and at public bodies, not at consumers. The user confirms that they are acting in the exercise of their commercial or professional activity.

Deviating terms of the user only apply if we agree to them in writing. Individual agreements (such as a quotation, an order confirmation or an enterprise agreement) prevail over these Terms; these Terms otherwise apply in addition.

2. Service and coverage

Polytender automatically captures publicly available tender notices from official procurement portals and other public sources, makes them searchable, matches them against the user's search profile using AI and, on request, notifies the user by email. The Platform also offers AI features such as analyses and drafts (section 3). The scope of functions follows from the description on the Platform and the selected plan.

The countries covered are shown on the Platform. We do not owe any particular coverage, in particular not the capture of all tenders of a country, portal or field. What we owe is access to the Platform and the automated matching of the notices actually captured. This describes the scope of the service itself and is not a subsequent limitation of any wider undertaking.

Capture usually takes place daily, but not in real time and not at particular times. Capture, processing and delivery are fully automated; delays, gaps, duplicates and translation, matching and processing errors cannot be entirely avoided technically. We do not warrant that the content is complete, correct, up to date or free of errors.

We may add, change or remove countries and sources and further develop functions or replace them with equivalent ones, provided the purpose of the contract is not materially impaired, in particular where a source is discontinued, changed, blocked or becomes subject to charges. We may offer new functions and modules that go beyond the booked plan for an additional charge; there is no entitlement to receive them under the existing plan.

We process notices, translate them, assign them to categories such as CPV codes and regions and merge multiple publications; wording, structure and terms may therefore differ from the original. Only the original notice of the contracting authority, together with its tender documents, is legally binding. We are neither a contracting authority nor a procurement body, do not publish our own tenders and do not provide legal, procurement or other advice; in particular, we do not check tender documents or bids for legal compliance.

3. AI features

Relevance scores, summaries, translations, analyses, recommendations and drafts (for example of bid content or emails) are produced by artificial intelligence, in particular large language models. AI does not work deterministically: results may be incomplete, wrong or out of context and may contain plausible-sounding but incorrect statements. Suitable notices may be missing or scored too low. We do not owe any particular number of matches, quality of results or response time.

For AI features we use models from the providers named in our privacy policy and may change models and providers. We do not transmit contact data from the user account (name, email address, telephone number) to AI providers, and customer content (section 4) only where the user uses a function with it. Neither we nor our AI providers use customer content or results to train AI models; for our own models we only use the usage data and ratings referred to in section 4.

The Platform does not make legally binding declarations on the user's behalf and does not submit bids. The user has AI results reviewed by competent persons before using them and decides to what extent they use them unreviewed. If the user connects the Platform via API, MCP or other interfaces to their own automations or to third-party AI assistants, the user is responsible for their actions and for the transfer of data to those third parties.

We meet the obligations that apply to us under the AI Act (Regulation (EU) 2024/1689). The user meets their obligations as a deployer; in particular, they ensure sufficient AI literacy of the persons using AI features on their behalf (Art. 4 AI Act).

4. Customer content and results

Customer content is all content the user enters, uploads or provides via interfaces, such as company profile, references, CVs, cost calculations and documents. It remains the user's. For the term of the contract, the user grants us a simple right to process it solely to provide our services to them.

The user is responsible for their customer content: they hold the necessary rights, have a legal basis for any personal data it contains (for example in CVs) and do not upload unlawful content or malware. The quality and accuracy of results depend on how complete, current and correct the customer content is.

The user may freely use results the Platform generates for them (such as drafts and analyses) in their business. Rights in our templates, prompts, system instructions and other components of the Platform remain with us.

We may use anonymised and aggregated technical usage data that contains no customer content (such as performance metrics, error logs and usage volumes) to improve the Platform. We may use feedback and suggestions free of charge and without restriction, provided they contain no customer content.

To train and improve our own AI models, we may use exclusively anonymised usage data and ratings (such as whether a match fits), but not customer content entered or uploaded or results generated. The anonymised data allows no conclusions about the user or individual persons and is not passed on to third parties. The user may object to this at any time in text form with effect for the future.

We back up data regularly. The user additionally keeps their own copies of essential customer content and results.

5. User cooperation and duty to verify

Before submitting any bid or making any other decision, the user verifies deadlines, tender documents, eligibility and award criteria and the status of the procedure against the original notice. This duty to verify is a material obligation; its breach is taken into account against the user when apportioning damages under section 1304 of the Austrian Civil Code (ABGB).

The matching result depends on the user's input (company website, description of services, keywords, CPV codes, regions and filters). The user keeps their search profile complete, accurate and up to date. We are not liable for notices that are not shown because of inaccurate, outdated or overly narrow input.

Email notifications are an additional convenience; there is no entitlement to their delivery at particular times or with particular content. For notices and matches, the state of the user account is authoritative; they are deemed received once they are available there. We communicate legally relevant declarations (such as terminations, suspensions, payment reminders and changes to fees and these Terms) by email. Emails to the most recently provided address are deemed received as soon as they can be retrieved under normal circumstances; the user bears any disadvantage resulting from an address that has not been updated. The user ensures that their email address is reachable (including past spam filters) and, while interested in procurement procedures, checks their account at least every working day.

The user reports faults, apparent gaps or missing notifications without undue delay, and no later than seven days after becoming aware of them, to support@polytender.com. If the user fails to do so, they cannot rely on the matter to the extent that this prevented us from remedying it or mitigating the damage.

6. Conclusion of contract and user account

The contract is concluded when registration is completed and, for paid plans, when we confirm the order. There is no entitlement to registration or to conclusion of a contract; we may reject registrations without giving reasons. The user provides truthful and complete information and keeps it up to date; in the case of incorrect information we may suspend access or terminate for good cause.

Each user account is personal and may not be shared by several people. Login credentials and API keys must be kept confidential. The user informs us without undue delay of any indication of misuse. Actions taken via the user's account or API keys are attributable to the user to the extent they are responsible for them.

Information pursuant to sections 9 and 10 of the Austrian E-Commerce Act (ECG)

• Conclusion of contract: registration with name, email address and password (or a sign-in link), acceptance of these Terms and confirmation of the email address. Paid plans: selection of plan, billing period and scope in the user account under Billing, entry of billing and payment details, including company name and VAT ID, with Stripe, review of the summary including the total price and binding order via the order button. Confirmation is shown in the user account and sent by email.
• Input errors can be corrected in the form fields before submission, and account, billing and payment details also afterwards in the user account.
• Contract text: we do not store it separately. The current Terms are available and can be saved at polytender.com/terms; order data and invoices are available in the user account under Billing.
• Contract languages: German and English; the German version is authoritative.
• Codes of conduct: we have not subscribed to any.

7. Permitted use

The user may only use the Platform within the law, their plan and these Terms. In particular, the following are prohibited:

• automated extraction (scraping, crawling) outside the interfaces we provide for that purpose without our written consent;
• impairing the availability or security of the Platform and circumventing access or usage restrictions;
• passing on login credentials or API keys and use by more persons than the plan covers;
• use for the purposes of third parties, including affiliated companies (group companies); each company requires its own plan unless otherwise agreed;
• copying, modifying, decompiling or replicating the Platform, extracting prompts or system instructions, and training AI models on content or results of the Platform;
• passing on, publishing or reselling the processed data to third parties, including affiliated companies, and using it for a competing service, also after the contract ends; internal use for the user's own business remains permitted;
• any unlawful or infringing use, in particular to circumvent sanctions or export controls.

We may set reasonable technical usage limits (for example for the API, MCP and AI features) and monitor compliance with the plan's scope automatically.

Where there are specific indications of a material breach, a threat to the Platform or payment default (section 8), we may temporarily suspend access. We inform the user, stating the reasons, and lift the suspension once the reason no longer applies.

We do not monitor customer content proactively. Notices of illegal content can be sent to hello@polytender.com. Decisions to remove or block content and to suspend accounts are taken by humans; only technical usage limits are enforced automatically. The user receives a statement of reasons and may contest the decision by email to hello@polytender.com; recourse to the courts remains available.

8. Prices and payment

The prices shown at the time of ordering apply, in euro plus statutory VAT; later changes are governed by the "Price adjustments" part below. Invoices are issued electronically by HeyQQ GmbH and made available in the user account. For businesses with a valid VAT ID in another EU member state, the reverse charge mechanism applies; the user is responsible for the validity of the VAT ID provided.

New organizations receive a one-time free trial of 30 days; it starts when a payment method is provided on taking out a plan. If the user cancels before the end of the trial, no fee is incurred; otherwise the trial converts into the chosen paid plan, whose first fee falls due at the end of the trial. Increases (a longer billing period, additional seats or search profiles) take effect immediately and are charged pro rata; reductions (a shorter billing period, fewer seats or search profiles) take effect at the end of the current billing period. Periods already paid for are not refunded pro rata; no statutory right of withdrawal applies (section 1). Goodwill refunds remain unaffected.

Unless stated otherwise, invoices are payable within 14 days without deduction. In the event of default, statutory default interest applies; further damages and collection costs remain reserved. The user may only set off against undisputed or legally established claims.

Payment processing by Stripe

Payments are processed by Stripe Payments Europe, Limited, The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland ("Stripe") as payment service provider; the contracting parties are exclusively the user and us. The user enters payment details directly with Stripe; we do not receive complete card or account numbers. The user's bank may require strong customer authentication (such as 3-D Secure).

By providing a payment method, the user authorises us to collect via Stripe, until the subscription ends, the fees due including VAT at the start of each billing period, pro rata amounts from increases and usage-based fees; for SEPA direct debit the user grants a corresponding mandate. Billing details and the payment method can be changed in the user account under Billing.

If a collection fails, we inform the user; Stripe may retry it. If the amount is still outstanding 14 days after the payment reminder, we may suspend the paid services until it is paid. The user bears the costs of unjustified chargebacks. For data processing in payment handling, see our privacy policy (section 8.2.8) and additionally https://stripe.com/privacy.

Price adjustments

We may adjust the fees for plans, add-ons and usage-based services with effect for the future, including in existing contracts. We give notice of an adjustment in text form at least six weeks in advance, stating the previous and new fees, the effective date and the termination right. It takes effect no earlier than the first billing period beginning after this notice period; running or paid periods never become more expensive retroactively.

In the event of a price increase, the user may terminate the contract free of charge with effect from the date the increase takes effect, at any time before then (special termination right), in text form or via the account settings. If the user does not terminate, the contract continues at the new fees; we point this out separately in the notice.

Price reductions may take effect immediately. Individually agreed prices for a fixed term (such as a design partnership or an enterprise agreement) apply until the end of that term.

Usage-based services (credits)

We may bill individual functions and services, AI-based and otherwise (such as analyses of tender documents, bid drafts, exports or requests via the API and agent connector), on a usage basis against a balance ("credits"). Which functions consume how many credits is shown on the Platform; where possible, we display the consumption before the function is run.

A plan may include an allowance of credits per billing period or per month, as stated in the plan; unused included credits expire at the end of the respective period. Where offered, additional credits can be purchased as a package or billed by usage; price, scope and validity follow from the offer. Once the balance is used up, the functions concerned are unavailable until the balance is topped up or the next allowance period begins.

Usage as recorded by us and visible in the user account is authoritative unless the user proves a recording error. Usage-based fees are billed at the end of the billing period or when a stated threshold is reached. Credits are not money or e-money, are not transferable and cannot be paid out. Consumed credits are not refunded for erroneous or unusable results, in particular AI results (section 3); if a technical error consumes them without a result, we credit them back once reported. If the contract ends through our ordinary termination or because of a price increase, we refund separately purchased, unused credits pro rata.

Changes to the prices of credits or to the consumption per function are price adjustments within the meaning of the preceding part.

9. Design partnership

The design partnership is a fixed-term plan for companies that adopt Polytender early and help shape it with their feedback. Term, price and cooperation (e.g. regular feedback sessions) follow from the individual offer; these Terms apply in addition.

Unless agreed otherwise, the scope of the "Starter" plan applies, with the adjustments individually agreed in the offer.

10. Term, termination and data export

The contract runs for an indefinite period. Paid plans apply for the selected billing period and renew for a period of the same length unless terminated.

Either party may terminate at any time with effect from the end of the current billing period, in text form (e.g. to hello@polytender.com) or, where offered, via the account settings; access remains available until the end of the paid period. Free access may be ended at any time. The right to terminate for good cause remains unaffected; for us, good cause exists in particular in the event of material or repeated breaches of section 7, incorrect registration details or payment default of more than 30 days despite a reminder and a grace period.

Until 30 days after the end of the contract, we provide the user on request with their customer content and usage data in a common machine-readable format. Tender data is excluded.

After that, and no later than 90 days after the end of the contract, we delete customer content and usage data unless statutory retention obligations apply; on request we confirm the deletion in text form.

11. Availability, defects, support and force majeure

We strive for high availability but do not owe uninterrupted availability or the continued existence of particular functions. We carry out maintenance outside normal business hours where possible. We are not responsible for third-party networks and facilities outside our sphere of responsibility.

We remedy reported defects (section 5) within a reasonable period, including by an equivalent workaround. If this fails, the user may reduce the fee appropriately or, in the case of material defects, terminate for good cause. Deviations in coverage and AI results within the scope of sections 2 and 3 are not defects.

We provide support on working days by email to support@polytender.com. Fixed response or resolution times, availability commitments (SLA), training, data imports and individual customisations and integrations are provided only under a separate agreement.

During force majeure we are released from our obligation to perform. This covers external events for which we are not responsible, such as natural events, war, epidemics, official measures, industrial action, power and network outages, cyberattacks and the failure, change or blocking of third-party sources and AI providers.

12. Liability

(1) We are liable without limitation for intent and flagrant gross negligence, for damage resulting from injury to life, body or health, under mandatory statutory provisions, in particular the Product Liability Act, and for gross negligence in breach of data-related obligations. Data-related obligations are our obligations regarding the processing, backup, confidentiality, return and deletion of customer content and usage data (sections 4, 10, 15 and 16).

(2) Otherwise we are liable only for gross negligence, and for all damage events in a contract year together at most up to the sum of twelve monthly fees; the fee agreed at the time of the damage event is decisive, and for annual or quarterly billing the corresponding monthly share. Liability for slight negligence is excluded on any legal basis. These limitations are expressly agreed for business-to-business dealings and reflected in the fee.

(3) Within paragraph 2, we are in particular not liable for lost profit, lost contracts, missed deadlines, rejected bids, exclusion from procurement procedures, wasted expenditure and other consequential damage resulting from a notice not being captured, scored or communicated, or being captured, scored or communicated incompletely, incorrectly or late, or from the user using an AI result.

(4) Faults and errors in the automated processing (section 2), such as the failure or change of a source, failed retrievals, parsing, matching and scoring errors and failures of infrastructure, language models or delivery providers, cannot be entirely avoided even with due care; their mere occurrence therefore does not in itself indicate gross fault.

(5) Tender documents and other documents originate from the contracting authorities. We check them for malware only within the state of the art and are not liable for their content, their freedom from malware, third-party sources or the conduct of contracting authorities.

(6) If, in the event of data loss, the user has not kept their own copies as required by section 4, this is taken into account as contributory fault (paragraph 8).

(7) For free services, in particular trials and free plans, we are liable exclusively under paragraph 1.

(8) Contributory fault of the user, in particular breach of their duties under sections 3 to 6, reduces any claim. Exclusions and limitations of liability also apply to our officers, employees and vicarious agents, to the extent legally permissible and only vis-à-vis entrepreneurs.

(9) To the extent legally permissible, claims against us become time-barred twelve months after the user knew, or without gross negligence should have known, of the damage and the party causing it. The statutory periods apply to the cases in paragraph 1.

13. Indemnification

The user indemnifies us against third-party claims, including reasonable legal defence costs, arising from their customer content, their breach of these Terms or applicable law or from passing on Platform content, unless we caused the claim through our own fault. We inform the user without undue delay, enable them to conduct the defence and make no admissions without their consent.

14. Intellectual property

The Platform's software, processing, databases, prompts, texts, design and marks are protected. For the term of the contract, the user receives a simple, non-transferable and non-sublicensable right to use the Platform as contractually intended. We claim no rights in the underlying original notices; section 4 applies to customer content and results.

15. Confidentiality and reference customers

Both parties keep confidential information of the other party confidential until three years after the end of the contract, unless disclosure is necessary to perform the contract or required by law. Confidential information includes in particular customer content (such as cost calculations and bid strategies) and our non-public prices, prompts and system configurations. Information that is public, independently developed or lawfully obtained from third parties is excluded.

Naming as a reference customer

We may name the user as a reference customer, with company name and logo, for example on our website and in presentations; the user may object to this at any time in text form with effect for the future.

Where a source provides its data under an open licence (for example the Estonian Riigihangete register under CC BY-SA 3.0 EE), that open licence governs this data and our adaptations of it, such as translations. To that extent it takes precedence over these Terms, in particular section 8. The source and licence are named on the notices concerned.

16. Data protection and data security

The processing of personal data is governed by our privacy policy. We operate the Platform on servers in the EU and take appropriate technical and organisational security measures.

Where we process personal data on the user's behalf, in particular in customer content, we conclude a data processing agreement under Art. 28 GDPR; it is provided on request to hello@polytender.com.

17. Changes to these Terms

We may amend these Terms for objective reasons, such as changes in the law, the scope of services or the services and sources used. We give notice of amendments by email at least six weeks before they take effect and highlight them. If the user does not object in text form within six weeks of receipt, their consent is deemed granted; we point this out in the notice. If the user objects in time, the amendments do not apply to them and we may terminate the contract extraordinarily with effect from the date they take effect.

Changes to fees are governed exclusively by section 8 (Price adjustments). Changes to essential main obligations require the user's express consent. Editorial adjustments and updated contact details require no procedure.

18. Final provisions

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules. To the extent permissible, the place of jurisdiction is the competent court in Vienna, for commercial disputes the Commercial Court of Vienna; the place of performance is Vienna.

We may engage subcontractors and transfer the contractual relationship in the event of a reorganisation or transfer of business. The user may only transfer the contract or rights under it with our consent in text form.

If a provision is invalid, the remainder stays valid; it is replaced by a provision that comes closest to its economic purpose. These Terms are available in German and English; the German version is authoritative.

Contact: HeyQQ GmbH, Wasagasse 23, 1090 Vienna, Austria, hello@polytender.com.