Terms of service

§ 1 Scope, provider and eligible customers

(1) These general terms and conditions (“Terms”) govern every contract for the use of the website adjudera.com and of the services offered through it (the “Service”) between us and the customer. The provider and contracting party (“we”) is Loistava Holding UG (haftungsbeschränkt), Asternring 9, 15732 Schulzendorf; register court: Amtsgericht Charlottenburg (Berlin), HRB 157120 B; email: contact@adjudera.com.

(2) We offer paid plans exclusively to businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Consumers within the meaning of § 13 BGB cannot book paid plans. When ordering, the customer confirms that they are not acting as a consumer and gives the name of their business or body. We may ask for proof and decline orders.

(3) The public pages and the free account are open to everyone, consumers included. These Terms apply to free use accordingly, except where they expressly concern paid plans.

(4) Deviating, conflicting or supplementary terms of the customer do not become part of the contract, even if we do not expressly object to them. Individual agreements, for example for the Enterprise plan, take precedence over these Terms.

§ 2 The service

(1) Adjudera is an information service on public procurement in Europe. We ingest official procurement notices, resolve buyers and suppliers into profiles, compute derived facts such as contract terms, totals and rankings, and provide the results as searchable pages, overviews, exports and alerts.

(2) The scope of a paid plan — features and number of user seats — is set by the plan description on the pricing page at the time of the order. We provide free features voluntarily and may change, restrict or discontinue them at any time.

(3) We provide no legal, tax, procurement or bid advice. The content is not a recommendation to take part in a procurement procedure or to refrain from doing so, and does not replace checking the notice and the tender documents, in particular the deadlines and conditions they set.

§ 3 Formation of the contract

(1) The presentation of the plans on the pricing page is not a binding offer. The customer selects a plan and billing period (monthly or annual) there, signs in with their email address and is forwarded to our payment service provider Stripe. There they enter the name of their business, the billing address and payment details, confirm that they are ordering as a business or for a public body, and accept these Terms. Until they submit, they can check and correct every entry in the input fields or abort via the back link. Clicking the order button makes a binding offer.

(2) The contract is formed when we accept the offer. We accept by activating the plan ordered, normally immediately after successful payment.

(3) The contract languages are German and English; the German version of these Terms prevails. Order data is stored by us and by Stripe; invoices are available to the customer in the customer portal (§ 4(3)). These Terms can be retrieved at any time at adjudera.com/en/terms and can be saved and printed.

(4) The free account comes into existence with the first sign-in through the link we send to the email address given.

§ 4 Prices and payment

(1) The prices shown on the pricing page and during the order process at the time of the order apply. Prices are final prices. Under § 19 UStG (German small-business rule) no VAT is charged and none is shown.

(2) Fees are due in advance for each billing period and are collected at its start using the payment method chosen during the order. Payments are processed by Stripe Payments Europe, Ltd. (Dublin, Ireland); individual payment methods may additionally be subject to the terms of their provider.

(3) We provide invoices electronically. They are available in the customer portal, reached from the billing page of the customer's account. The customer agrees to electronic delivery.

(4) If an amount due cannot be collected, we retry the collection over a reasonable period; access continues in the meantime. If payment is still not made after that, we may suspend access to the paid features. Further statutory rights, in particular in case of default, remain unaffected.

(5) We may change prices for future billing periods, for example where the small-business exemption ends and VAT has to be added. We announce the change in text form at least six weeks in advance. It applies only to billing periods beginning after that notice period, never to one already paid for. Until it takes effect the customer may cancel with effect from the end of the current billing period; if they do not, the new price applies from then on. We point out both in the notice.

(6) Money-back guarantee: if the customer asks for a refund by email to contact@adjudera.com within seven days of taking out their first paid subscription, we refund the amount paid for that first billing period in full to the original payment method, and the subscription ends immediately. The guarantee applies once per customer and not to later periods.

(7) The “Pro Country” plan covers the data of the country chosen when ordering; the “Pro Europe” and “Team” plans cover every country Adjudera records.

§ 5 Term and termination

(1) A paid subscription runs for the billing period chosen (one month or one year) from the formation of the contract and renews for the same period each time unless cancelled before it ends.

(2) The customer may cancel at any time, without further notice, with effect from the end of the current billing period: in the customer portal via the billing page of their account, or in text form, for example by email to contact@adjudera.com. Access continues until the end of the period paid for. Pro-rata refunds are made only where these Terms provide for them (§ 9(4)).

(3) We may cancel with one month's notice to the end of a billing period.

(4) The right of either party to terminate for good cause remains unaffected. For us, good cause includes in particular a serious breach of § 7 or § 8, or one continued despite a warning.

(5) When the contract ends, the account reverts to the free plan. Exports the customer created during the term may continue to be used within the limits of § 8.

(6) The user may close the free account at any time by writing to contact@adjudera.com; we may close it with two weeks' notice.

§ 6 Data sources and accuracy

(1) The content is based on official third-party notices, in particular Tenders Electronic Daily (TED), the notice platform of the Publications Office of the European Union. We check it for plausibility, label derived and estimated facts as such, and link the original notice on every award page.

(2) The publisher of a notice alone is responsible for its accuracy, completeness and currency. In particular:

• Many buyers publish no contract value, or redact it; value coverage is therefore incomplete.
• Some senders restate the framework value on every lot; such figures are labelled and excluded from totals.
• Contract end dates are frequently absent and are then estimated. Estimates are marked as such and are not statements of fact.
• Mapping several spellings onto one company is rule-based and can be incomplete or wrong in individual cases.

(3) What we owe is the careful ingestion, processing and presentation of the source data, not its substantive correctness. Errors in the notices themselves are not a defect of our Service. We correct errors arising in our processing within a reasonable time after learning of them; otherwise § 10 applies.

(4) The customer takes decisions based on the content on their own responsibility. Before material decisions, in particular on submitting a bid, they check the linked original notice; only the notice and the tender documents are authoritative. We welcome reports of errors at contact@adjudera.com.

§ 7 Permitted use

(1) The customer may use the content for their own business and professional purposes, including internal analysis and the use of individual facts in their own bids, reports and publications (§ 8(3)).

(2) An account belongs to one natural person. How many people may use a paid plan follows from the user seats booked. Because sign-in works through links sent to the stored email address, the customer keeps it up to date and protects the mailbox against access by third parties.

(3) The following are not permitted in particular:

• automated retrieval of content (scraping, crawling, bots) beyond ordinary human use; search engines that follow our robots.txt are exempt,
• circumventing access or retrieval restrictions or paid areas,
• sharing access with third parties or with more people than seats booked,
• reselling or sublicensing access or exports,
• acts that disrupt the operation of the Service or put an excessive load on it.

(4) In case of a breach we may temporarily suspend access; for breaches that are not serious, only after a prior warning. § 5(4) remains unaffected.

§ 8 Database right and re-use

(1) The individual notices are official documents of the European Union; their re-use is governed by Commission Decision 2011/833/EU. These Terms do not restrict the use of notices the customer obtains directly from TED.

(2) The database we build — the selection, verification, resolution, enrichment and structuring of the data — rests on a substantial investment and is protected as a database under §§ 87a ff. UrhG (Directive 96/9/EC). The rights in it are ours.

(3) Extracting and re-using insubstantial parts is permitted, in particular quoting individual facts in articles, studies, bids and reports. We ask that Adjudera be named as the source and, for online publication, that the page the fact came from be linked.

(4) Without our prior consent in text form, the following are not permitted: extracting or re-using parts of the database that are substantial in quality or quantity, and repeated and systematic extraction or re-use of insubstantial parts where this conflicts with a normal exploitation of the database or unreasonably prejudices our legitimate interests — in particular to build or enrich a competing dataset or service. The customer may use exports internally and pass them on to third parties only to the extent of insubstantial parts.

(5) We expressly reserve the reproduction of the content of this website for text and data mining (§ 44b(3) UrhG). Indexing by search engines and search services that cite content with a link to the page concerned is exempt.

§ 9 Availability and changes to the service

(1) The paid features are available 98% of the time on a monthly average, measured at the point where our servers connect to the internet. Not counted are announced maintenance of up to four hours per calendar month, which we schedule in low-usage periods where possible, and disruptions outside our control, such as force majeure or failures in networks we do not operate. We owe no specific availability for free features.

(2) We normally ingest new notices daily. The customer has no entitlement to specific update times; delays and outages at TED or other sources are outside our control.

(3) We develop the Service further and may change it where the essential features of the plan booked are preserved, or where the change is required for legal or security reasons or because a data source changes or is discontinued.

(4) If a change restricts essential features of the plan booked to the customer's disadvantage, we announce it in text form at least six weeks before it takes effect, unless compelling reasons require a shorter period. The customer may then terminate the contract for cause with effect from that date; we refund fees paid in advance for the time after it pro rata.

§ 10 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, to the extent of any guarantee we have given, and under the German Product Liability Act.

(2) For simple negligence we are liable only for breach of a material contractual obligation, that is, an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In that case liability is limited to the damage foreseeable at the formation of the contract and typical of this type of contract.

(3) Otherwise liability for simple negligence is excluded. Strict liability for defects already present when the contract was formed (§ 536a(1), first alternative, BGB) is also excluded; paragraph 1 remains unaffected.

(4) These limitations also apply in favour of our legal representatives, employees and vicarious agents.

§ 11 Changes to these terms

(1) We may amend these Terms with effect for the future where there is a valid reason, such as a change in the law or case law, new features of the Service, or a gap in the provisions that arose later. Scope of service, prices and term do not change under this section, only under § 4(5) and § 9.

(2) We announce amendments in text form at least six weeks before they take effect. If a customer who is not a consumer does not object in text form before they take effect, the amendments are deemed accepted; we point out this consequence and the right to object separately in the notice. If the customer objects, the contract continues on the previous terms; our right of termination under § 5(3) remains unaffected.

(3) Towards consumers using a free account, amendments take effect only with their consent. If they do not consent, we may close the free account under § 5(6).

§ 12 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Towards consumers this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of their country of habitual residence.

(2) If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract is Berlin. We may also sue the customer at their general place of jurisdiction. Mandatory statutory places of jurisdiction remain unaffected.

(3) We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

(4) Should individual provisions of these Terms be invalid, the rest of the contract remains in force; the statutory provisions take the place of the invalid provision.

(5) Provider details are in the imprint; data processing is described in the privacy notice.