These General Terms and Conditions (GTC) govern the use of the platform Verganta, consisting of the website (www.verganta.eu) and the platform (app.verganta.eu).
Verganta is operated by openFORCE Holding & Consulting GmbH, Franzensbrückenstraße 5/5, 1020 Vienna, Austria (hereinafter referred to as "we," "us," or "Verganta").
By registering or using the platform, users (hereinafter referred to as "you") agree to these terms and conditions. If individual functions or areas of the platform (e.g., Verganta Prime) are subject to a fee, the respective terms and conditions apply in addition.
These Terms and Conditions apply to all users, regardless of whether they use the platform without registration (e.g., Verganta Analytics) or with registration (e.g., Verganta Prime). Deviating agreements are only valid if they have been agreed with us in writing.
1. Scope
These General Terms and Conditions (GTC) govern the use of the Verganta platform, consisting of the website (www.verganta.eu) and the platform (app.verganta.eu). They apply to all users, regardless of whether the services are used free of charge (e.g., Verganta Analytics) or for a fee (e.g., Verganta Prime).
Deviating, conflicting, or supplementary terms and conditions of users shall not become part of the contract unless we have expressly agreed to their validity in writing.
Supplementary special conditions (e.g., for paid tariffs or additional services) shall take precedence over these Terms and Conditions in the event of contradictions, provided that they were expressly agreed upon at the time of conclusion of the contract.
We reserve the right to amend these Terms and Conditions as necessary, for example due to legal changes, technical developments, or new functions. Users will be notified of any changes in a timely manner and in an appropriate form. If users do not object to the change within 30 days of notification, the amended terms and conditions shall be deemed accepted.
2. Service description
2.1 General information
Verganta is a SaaS platform that makes it easier for companies to access public tenders. The platform consists of two main areas:
- Verganta Analytics (free of charge, publicly accessible)
- Verganta Prime (fee-based, after registration)
2.2 Verganta Analytics
Verganta Analytics offers a search function for public tenders that have already been awarded. Users can research which organizations have published tenders and which companies have been awarded the contracts. Open tenders are not displayed or evaluated in this area.
2.3 Verganta Prime
Verganta Prime is the core of the platform. Here, an AI-supported assistant helps companies identify tenders that are relevant to them. Based on stored company data and ongoing user feedback, Verganta Prime highlights suitable tenders, making it easier to participate in specific procurement procedures.
2.4 Data sources
The tender information provided on Verganta is automatically processed and displayed from publicly available data sources. These include in particular:
- Publications from the Supplement to the Official Journal of the European Union (TED – Tenders Electronic Daily,
ted.europa.eu), provided under the Creative Commons license (CC BY 4.0). - Other national sources of announcements, provided they are publicly accessible and machine-readable.
The data is technically processed and enriched by Verganta without changing the original information content. The original publications from the respective official source always remain authoritative.
2.5 Availability
We strive to ensure high availability of the platform. However, there is no guarantee of uninterrupted availability at all times. Maintenance work, technical malfunctions, or events of force majeure may lead to temporary restrictions.
3. Terms of Use and Registration
3.1 Technical Requirements
To use Verganta, you need a suitable device (e.g., computer, tablet, or smartphone), a stable internet connection, and an up-to-date web browser. Users are responsible for meeting and maintaining these technical requirements. Verganta does not guarantee error-free use if these requirements are not met.
3.2 Registration and Login (Verganta Prime)
Access to Verganta Analytics is possible without registration. However, personal registration is required to use Verganta Prime. At least a valid email address and password must be provided during registration. After successful registration, users will have access to their personal account.
The access data must be treated confidentially and may not be passed on to third parties. Users are obliged to inform Verganta immediately if they suspect misuse of their access data.
3.3 Newsletter and waiting list
Users can optionally sign up for the newsletter or waiting list to receive updates, information about new features, and news about the official launch of Verganta. A valid email address is required to sign up. Users can unsubscribe at any time using the unsubscribe link included in every email.
4. Rights and obligations of users
4.1 Accurate information during registration
Users undertake to provide accurate, up-to-date, and complete information when registering and using Verganta. Changes to relevant data (e.g., company information, contact details) must be updated immediately.
4.2 Prohibition of misuse
Verganta may only be used within the scope of its intended functions. The following are prohibited in particular:
- automated querying, scraping, or other mass evaluation of the data provided,
- any circumvention of security or access restrictions,
- use of the platform for illegal or unfair purposes,
- disclosure of access data to unauthorized third parties or its use in someone else's name without consent.
Verganta reserves the right to block or delete access in the event of violations.
4.3 Obligations to cooperate
In order for Verganta's services (especially in Verganta Prime) to be provided in the best possible way, users are obliged to provide their company data correctly, up-to-date, and in full. This includes, in particular, the company name, company website, and other voluntary information (e.g., industry, certificates).
The quality of the suggestions and matching results depends largely on the completeness and accuracy of the information provided.
5. Rights and obligations of Verganta
5.1 Provision of the platform
Verganta undertakes to provide the services offered (Verganta Analytics and Verganta Prime) in accordance with the current state of the art. However, there is no entitlement to availability at all times or to specific functionalities.
5.2 Further development
We reserve the right to continuously improve, change, or expand the content, functions, or scope of services of the platform. Adjustments are made in particular to optimize the user experience, to comply with legal requirements, or to ensure data security.
5.3 Availability
We strive to ensure the highest possible availability of our systems. However, planned maintenance work or unforeseeable technical malfunctions may lead to temporary restrictions or outages. Users have no right to uninterrupted access.
5.4 Communication
Verganta will inform users of significant changes to services, prices, or terms of use in a timely manner by email or within the platform.
5.5 Limitation of liability
Verganta is not liable for the accuracy, completeness, or timeliness of the tender information presented, as this is automatically taken from public sources. Only the original publications of the respective official bodies are authoritative.
Furthermore, liability for slight negligence is excluded, unless damages resulting from injury to life, limb, or health are involved or mandatory statutory provisions dictate otherwise.
6. Fees and Terms of Payment
6.1 Verganta Analytics
The use of Verganta Analytics is free of charge for all users.
6.2 Verganta Prime
The use of Verganta Prime is subject to a fee and requires valid registration and the conclusion of a corresponding user agreement. The currently valid prices are listed on the Verganta website (www.verganta.eu).
6.3 Payment terms
Billing is based on the agreed price and billing models (e.g., monthly or annual subscription). Payment is due in advance. All prices are subject to the applicable statutory sales tax.
6.4 Price changes
Verganta reserves the right to change prices and payment models. Price changes will be communicated to the users affected in writing (e.g., by email) at least 6 weeks before they take effect. In this case, users have the right to terminate the contract extraordinarily until the changes take effect.
6.5 Default of payment
If a user defaults on payments, we are entitled to temporarily block access to Verganta Prime until the outstanding claims have been settled. We reserve the right to assert further claims (e.g., default interest, reminder fees).
6.6 Refunds
A claim for a (proportional) refund of fees already paid shall only exist if the unavailability or restriction of the service is due to gross negligence or intent on the part of Verganta.
7. Term and termination
7.1 Term
The user agreement for Verganta Prime is concluded as a monthly or annual subscription, depending on the model selected. The agreement is automatically extended for the same period unless it is terminated in due time.
7.2 Termination by users
Termination is possible at any time at the end of the respective billing period. Termination must be made in writing (e.g., by email) or can be initiated directly in the user account, if technically possible.
7.3 Termination by Verganta
Verganta is entitled to terminate the contract for good cause without observing a notice period. Good cause shall be deemed to exist in particular if:
- Users repeatedly violate the obligations set out in these Terms of Use,
- Payment obligations are not met despite reminders, or
- the platform is used in an abusive or illegal manner.
7.4 Consequences of termination
Upon termination taking effect, access to Verganta Prime will be blocked.
- Account data and stored content will remain accessible for up to 30 days after the end of the contract. After that, they will be deleted, unless there are legal retention obligations.
- Verganta Analytics can continue to be used free of charge even after termination.
7.5 Extraordinary right of termination for users
Users have the right to terminate the contract extraordinarily if Verganta significantly changes the terms and conditions of these GTC or increases prices (see section 6.4).
8. Intellectual property and rights of use
8.1 Property rights
All rights to the Verganta platform, including the underlying software, databases, designs, texts, logos, and other content, are exclusively reserved for openFORCE Holding & Consulting GmbH or its licensors.
8.2 Granting of rights of use
By registering and using Verganta, users receive a simple, non-transferable right, limited to the duration of the contractual relationship, to use the platform within the scope of these Terms of Use.
8.3 Prohibited actions
It is prohibited to reproduce, distribute, sell, make publicly available, or otherwise commercially exploit the content or data provided outside of its intended use, unless express written consent has been obtained from openFORCE.
8.4 Rights to external content
External data sources (e.g., publications from TED – Tenders Electronic Daily) are subject to their own license terms, in particular the Creative Commons License (CC BY 4.0). Users are obliged to observe these terms.
9. Liability
9.1 Liability standard
openFORCE Holding & Consulting GmbH shall be liable within the scope of the statutory provisions exclusively for damages caused by intent or gross negligence. In cases of slight negligence, openFORCE shall only be liable for damages resulting from the breach of essential contractual obligations (cardinal obligations). In this case, however, liability shall be limited to the amount of foreseeable damage typical for this type of contract.
9.2 Exclusions of liability
Liability for indirect damage, consequential damage, or lost profits is excluded to the extent permitted by law. The same applies to damage caused by improper use of the platform, insufficient technical requirements on the part of the user, or the use of third-party data.
9.3 Liability for data loss
openFORCE is only liable for data loss if this could not have been avoided by appropriate security measures on the part of the users. Users are obliged to back up their own data regularly and to an appropriate extent.
9.4 Liability for third-party content
openFORCE does not guarantee the accuracy, completeness, or timeliness of tender information from external sources (e.g., TED, national platforms) provided via Verganta. The original publications from the respective official source are always authoritative.
10. Final provisions
10.1 Applicable law
These Terms of Use and all contractual relationships between users and openFORCE Holding & Consulting GmbH are governed exclusively by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of European Union law remain unaffected.
10.2 Place of jurisdiction
The court with jurisdiction at the registered office of openFORCE Holding & Consulting GmbH in Vienna shall have exclusive jurisdiction for all disputes arising from or in connection with these Terms of Use, unless mandatory statutory provisions dictate otherwise.
10.3 Severability clause
Should individual provisions of these Terms of Use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the invalid provision.
10.4 Changes to the Terms and Conditions
openFORCE reserves the right to change or supplement these Terms of Use at any time if this is necessary for legal or technical reasons or if the adjustment is in the interest of improving the functionality of Verganta. Users will be informed of significant changes in a timely manner and in an appropriate form. If users do not object to the changes within 30 days of notification, the amended Terms of Use shall be deemed accepted.