Terms and Conditions

1. Scope and provider

These Terms and Conditions govern the use of the Polytender platform (the "Platform") and all services offered through it. 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" or "provider". Polytender is a product of Run Labs, the product studio of HeyQQ GmbH.

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. By using the Platform, the user confirms that they are acting in the exercise of their commercial or professional activity.

Only these Terms apply. We object to any deviating or supplementary terms of the user; such terms only become part of the contract if we expressly agree to them in writing.

2. Description of services

Polytender aggregates publicly available notices of public tenders from official procurement portals and sources (for example TED as well as national and regional portals) and makes them available in a structured, searchable form in one central place.

Using AI-based methods, notices are matched against the profile or activity provided by the user, presented by relevance and, on request, communicated by email. The specific scope of functions follows from the current description on the Platform and may evolve.

We are not ourselves a contracting authority, procurement body or an agent of one. We do not publish our own tenders but merely process information published by third parties. No contractual, procurement or advisory relationship between the user and the contracting authority arises from the use of the Platform.

3. No guarantee of completeness, accuracy or timeliness

The content shown on the Platform originates from third-party sources over which we have no control. We do not warrant that all relevant tenders are captured or that the information shown is complete, correct, up to date, timely or free of errors.

Only the respective original notice of the contracting authority, together with the tender documents provided there, is authoritative and legally binding. In the event of any discrepancy between the presentation on the Platform and the original publication, the original publication always prevails.

In particular, delays, gaps, duplicates and translation, classification or processing errors may occur. Before submitting any bid or making any other decision, the user is obliged to inform themselves on the basis of the original source and the contact points named there, in particular regarding deadlines, tender documents, eligibility and award criteria and the current status of the procedure.

4. Notice on AI-based processing

Parts of the service rely on automated processing by artificial intelligence, in particular large language models and embedding models. Their outputs, such as relevance scores, summaries, translations or reasons for a match, may be incomplete, inaccurate or erroneous and may contain seemingly plausible but incorrect statements.

AI-generated content does not constitute legal, procurement, tax or other advice and does not replace your own professional review. The user makes decisions based on this content at their own responsibility. We recommend verifying all information material to a participation against the original notice.

For the AI-based processing we do not transmit any personal contact data (in particular name, email address and phone number) to the AI providers used. Only the company website provided, including its publicly accessible content, and tender texts are processed for the purpose of matching.

Details of the data processing, including the services used and processing by AI, are described in our Privacy Policy.

5. Registration and user account

Certain functions may require the creation of a user account. The user must provide the information requested during registration and use truthfully and completely and keep it up to date.

Access credentials must be kept confidential and protected from third-party access. The user must inform us without undue delay of any indication of misuse of their account.

6. User obligations and permitted use

The user may only use the Platform within the framework of applicable law and these Terms. The following are prohibited in particular:

• automated or systematic extraction of content (scraping, crawling) without our prior written consent;
• actions liable to impair the availability, integrity or security of the Platform, as well as circumventing protection or access restrictions;
• reproducing, passing on or exploiting the processed data and content for one's own commercial purposes, in particular to build a competing service;
• any unlawful, misleading or infringing use.

7. Prices and payment

Where paid services are offered, the prices displayed on the Platform at the time of ordering apply. Unless stated otherwise, all prices are in euro and exclusive of statutory VAT. Payment terms, billing periods and durations follow from the respective offer or selected service.

8. Availability

We strive for high availability of the Platform but do not owe uninterrupted availability. In particular, maintenance, technical faults, third-party interference or events of force majeure may lead to temporary restrictions or interruptions. There is no claim to specific functions or their continued existence.

9. Liability

We are liable without limitation only for damage arising from injury to life, body or health, for intent and gross negligence, and under mandatory statutory provisions, in particular the Product Liability Act.

In the case of slight negligence, we are liable only for the breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely), and limited in amount to the damage typically foreseeable at the time the contract was concluded. Otherwise, liability for slight negligence is excluded.

In particular, we are not liable for lost profit, lost contracts, missed deadlines, consequential or financial damage arising from the user relying on the completeness, accuracy or timeliness of the aggregated content or the AI-generated results. Responsibility for reviewing the original notice and for participating in a procurement procedure lies solely with the user.

We assume no liability for the content, accuracy or availability of linked or embedded third-party sources or for the conduct of contracting authorities. Where our liability is excluded or limited, this also applies to the personal liability of our officers, employees and vicarious agents. The foregoing limitations apply to the extent legally permissible vis-à-vis entrepreneurs.

10. Intellectual property

The Platform, including software, data processing, structure, databases, texts, design and trademark rights, is protected by copyright and ancillary rights. The user receives a simple, non-transferable right to use the Platform in accordance with the contract for the duration of the contract.

The underlying original notices are publicly accessible information of the respective contracting authorities; in this respect we acquire no rights and claim no rights beyond the processing.

11. Data protection

Information on the processing of personal data can be found in our Privacy Policy. It is not part of these Terms but supplements them.

12. Changes to these Terms

We reserve the right to amend these Terms, for example in the event of changes to the legal situation, the services used or the scope of services. We will notify users of material changes in an appropriate manner. The current version is available on the Platform and applies to continued use from its publication.

13. Final provisions

Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.

To the extent legally permissible, the exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is the court with subject-matter jurisdiction in Vienna; for commercial disputes, the Commercial Court of Vienna (Handelsgericht Wien) has jurisdiction. The place of performance is Vienna.

Should individual provisions of these Terms be or become invalid or unenforceable, 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.

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