Tendoo Terms of Use

General Information

1. GEALAN Fenster-Systeme GmbH (hereinafter GEALAN) provides users with an online tender platform created and maintained with the utmost care. The user group "Issuers" can publish a construction project with all associated information and files on the platform. These projects can be found by the other user group "Suppliers".
2. In case of inconsistencies or conflicts between these Terms of Use and other conditions agreed with GEALAN, these Terms of Use shall take precedence regarding the use of the services.

Scope

1. These Terms of Use between the user and GEALAN are deemed agreed upon with the first use of the service or upon completion of registration for the service. By accepting the use of the service, the user confirms that they have read these Terms of Use and fully agree to them. If this is not the case, use of the service is not permitted.
2. These Terms of Use apply to all upgrades, updates, additions, and revisions of the service as well as to all services and information available through the use of the service, unless special provisions are made that then take precedence.
3. Conflicting or differing conditions of the user that deviate from these Terms of Use or legal provisions shall not apply, even if GEALAN does not expressly object to them.
4. GEALAN may change these Terms of Use at any time. GEALAN will inform the user of the changed Terms of Use. If the user does not object to the changes and continues to use the service, this is considered acceptance of the changed Terms of Use. In the event of the user's objection to the changed Terms of Use, GEALAN may terminate the user's use of the service.
5. If the service is used by companies or other legal entities, the respective company or legal entity is represented by the user and must assume responsibility for its actions and knowledge.
6. There is no entitlement to use the service. GEALAN may reject any registration request or attempt to use the service at any time without giving reasons.
7. GEALAN does not guarantee that Tendoo will be available to the user at all times and without interruption. Maintenance work and the resolution of technical issues may require interrupting the usability of Tendoo. GEALAN expressly reserves the right to suspend or restrict the availability of Tendoo at any time, in whole or in part. This does not give the user any claim for damages.

Registration

1. Use requires creating a user account on the Tendoo website.
2. The user is obliged to provide accurate, up-to-date, and complete registration data and to keep the registration data always current and complete.
3. The user is obliged to keep their password confidential and secure at all times and to take all other appropriate measures within their responsibility to prevent unauthorized access to their account.
4. The user is responsible for all activities carried out using their registration data.
5. The user must immediately notify GEALAN if unauthorized use of their registration data becomes known or suspected.
6. GEALAN may delete the user account at any time if the user violates the stated obligations. Subsequent re-registration by the user is prohibited.

License

1. GEALAN grants the user a simple, non-exclusive, non-transferable, and time-limited right to use the service for the purposes for which it is provided by GEALAN according to these Terms of Use.
2. In particular, the user is not permitted to:

   a.

   copy the service and its components except for archival purposes or if absolutely necessary for proper use;

   b.

   modify, adapt, or create derivative works;

   c.

   publish, disclose, sell, rent, lease, lend, distribute, make available online, sublicense, or provide access to a third party without prior written consent from GEALAN.

   The user is not allowed to remove or alter copyright notices or other intellectual property notices. Access to source code is not included in the license. The user is not allowed to decompile, disassemble, or reverse engineer components of the service, unless mandatory legal provisions or these Terms of Use provide otherwise.

User Obligations

1. If the user provides user content to GEALAN within the scope of using the service (e.g., uploading to storage provided by GEALAN), the user guarantees that:

   a.

   the user has the rights necessary to provide the content through GEALAN and has obtained all required consents (especially data protection consents);

   b.

   the use of the content required for providing the service through GEALAN does not infringe copyrights, trademark rights, patents, trade secrets, or other third-party rights;

   c.

   the transmission of the content and its contract-compliant use by GEALAN does not violate laws or rights;

   d.

   the content contains no viruses, trojans, or other malicious software.

   The user will inform GEALAN immediately if there are indications of a violation of the above obligations.

2. GEALAN is not obligated to check user content for legal violations. However, GEALAN is entitled to refuse processing or delete user content if there is reason to believe it violates these Terms of Use or could lead to legal violations.
3. GEALAN may block access to the service for the user at any time if the user violates their obligations under these Terms of Use (especially the warranties in section 5.2).

Hyperlinks

Elements of the service may contain hyperlinks to third-party websites. GEALAN assumes no responsibility for the content of these websites and does not endorse or adopt the content of these websites.

Liability

1. If the user's facilities cause disruptions or damage to Lange's technical infrastructure, GEALAN may claim compensation from the user for the resulting costs.
2. GEALAN makes no warranties or guarantees that the service

   a.

   is compatible with the user's hardware or software;

   b.

   is available at all times or at specific times without restriction;

   c.

   meets the user's requirements or other specific performance or functional requirements not agreed in these Terms of Use;

   d.

   does not cause partial or complete data loss;

3. The user is obliged, for their own protection and the protection of the service, to use appropriate and up-to-date security measures (firewall, antivirus, etc.).
4. If the user identifies a defect in the service, they will immediately inform GEALAN and describe the defect and associated circumstances as detailed as possible. GEALAN will endeavor to remedy the defect within a reasonable period. The obligation to remedy defects is limited to the service itself and does not cover the purpose pursued by the service. The user may have to re-upload data after the defect has been resolved.
5. Despite utmost diligence, program errors cannot be completely ruled out. Therefore, GEALAN provides no guarantee for the timeliness, correctness, underlying calculation formulas, calculation results, completeness, or quality of the information provided.
6. No provision in these Terms of Use excludes GEALAN's liability for personal injury, intent, fraudulent misrepresentation, or other cases of mandatory liability that cannot be legally excluded.
7. Otherwise, GEALAN's liability is excluded.

Indemnification

The user indemnifies GEALAN, its executives, employees, and subcontractors from all third-party claims and demands, as well as from all losses, damages, costs, and expenses, including reasonable legal defense costs, arising from:

Support / Updates

GEALAN provides limited product support and updates at its discretion on a voluntary basis. The user has no entitlement to further support, updates, or support from GEALAN. GEALAN's obligations to remedy defects according to section 7 remain unaffected.

Term

1. These Terms of Use come into effect at the time described in section 2.1 and remain in force indefinitely until terminated by GEALAN or the user in accordance with these Terms of Use.
2. Upon termination of these Terms of Use, the user must permanently delete all copies of service components still on devices under their control.
3. The right to terminate these Terms of Use for good cause remains unaffected in any case.
4. GEALAN reserves the right to change, suspend, or discontinue the service, in whole or in part, at any time, even without prior notice.

Data Protection and Confidentiality

1. The user undertakes to keep all information confidential that becomes known to them in connection with these Terms of Use and the services provided under them, which is designated as confidential or is recognizable as confidential or business-related, and to use it solely for the purposes of these Terms of Use.
2. GEALAN stores and processes personal data provided by the user solely for providing the service and in compliance with applicable data protection laws. The user must ensure that any transmission of personal data to GEALAN (especially within user content) is in accordance with applicable data protection laws.
3. To the extent that GEALAN collects and processes personal data of the user itself within the scope of using the service, this is done in accordance with the data protection notices.

Final Provisions

1. Should any provision of these Terms of Use be found invalid or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced retroactively by a valid and enforceable provision that comes closest to the intended legal and economic purpose of the parties.
2. Side agreements must be in writing.
3. Where these Terms of Use require declarations in writing, a statement in text form is sufficient. This does not apply to terminations under section 10, for which the statutory written form according to § 126 para. 1 BGB applies.
4. German law applies, excluding conflict-of-law rules and the UN Sales Convention. Jurisdiction is 95030 Hof, Germany.