Terms of service

§ 1 Scope and contracting parties

These terms govern the use of awantia.com and of every paid service offered through it. The provider and contracting party is Loistava Holding UG (haftungsbeschränkt), 15732 Schulzendorf (“we”).

Deviating or supplementary terms of the customer do not become part of the contract, even if we do not expressly object to them. The offering is aimed primarily at businesses within the meaning of § 14 BGB and at public bodies; where consumers are concerned this is stated separately.

§ 2 The service

Awantia opens up public procurement notices: we ingest official notices, resolve buyers and suppliers into entities, compute derived facts such as contract terms, and present the result as searchable profiles, overviews and alerts.

Which features a paid plan includes follows from the description shown at the point of sale. Part of the service is permanently free; there is no entitlement to free features continuing unchanged.

Awantia is an information service. We provide no legal, procurement or tax advice and no bid consultancy.

§ 3 Formation, term and prices

The contract is formed when we confirm the order or unlock access. Term and price follow from the plan chosen; the details displayed during checkout govern. All prices are exclusive of VAT unless stated otherwise.

The subscription renews automatically at the end of the booked period unless cancelled in time. For consumers it renews for an indefinite term and can then be cancelled at any time with one month's notice (§ 309 no. 9 BGB).

We announce price changes in text form at least six weeks before they take effect. The customer may then terminate the contract with effect from the date of the change.

§ 4 Payment and default

Fees are due in advance for each billing period. Payment is made through the methods offered during checkout; a payment service provider handles processing. Invoices are provided electronically.

If the customer defaults on payment, we may suspend access after an unsuccessful reminder and a reasonable grace period. The claim to the fee for the current period is unaffected.

§ 5 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal of 14 days. The full withdrawal instructions and the model withdrawal form are provided during checkout and form part of the contract.

The right of withdrawal expires early if the consumer expressly agrees that we begin performance before the withdrawal period ends and confirms that they thereby lose the right of withdrawal (§ 356(4) BGB).

§ 6 No warranty of accuracy or completeness

The underlying data comes from official third-party notices, in particular Tenders Electronic Daily (TED). We check it for plausibility, label derived facts as such, and record the source of every figure we publish. We cannot, however, warrant that the notices themselves are accurate, complete or current. 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. Estimated dates are marked as estimates and must not be used as fact.
• Mapping several spellings onto one company is rule-based and can be incomplete in individual cases.

What we owe is the careful reproduction and structuring of the source, not its substantive correctness. Business decisions taken on the basis of the data are the customer's own responsibility; checking against the linked original notice is recommended.

§ 7 Permitted use

The customer may use the content for their own business purposes, including internal analysis and use in their own bids and reports. Credentials are personal; the number of users follows from the plan booked.

The following are not permitted:

• automated bulk retrieval of the site (scraping, crawling) beyond ordinary use,
• circumventing technical restrictions, rate limits or paid areas,
• sharing credentials with third parties,
• using the content to build a competing dataset.

§ 8 Database right and redistribution

The individual notices are official documents and freely reusable. The collection we build is not: its selection, verification, entity resolution, enrichment and structuring rest on a substantial investment. The database is therefore protected under Directive 96/9/EC and §§ 87a ff. UrhG, and those rights are ours.

Expressly permitted: quoting individual figures — in journalism, research or bids — citing Awantia as the source and, for online publication, linking to the page the figure came from. That is exactly what this service is for.

Not permitted: extraction or re-utilisation of substantial parts of the database, repeated and systematic extraction of insubstantial parts amounting to the same, and any redistribution of the corpus to third parties, whether for a fee or free of charge.

§ 9 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects and under the German Product Liability Act.

For simple negligence we are liable only for breach of a material contractual obligation whose fulfilment makes proper performance possible in the first place and on which the customer may regularly rely. Liability is then limited to the foreseeable damage typical of this type of contract, and at most to the fees paid in the twelve months before the damaging event.

Any further liability, in particular for lost profit from procurement decisions or for bids not submitted, submitted late or unsuccessful, is excluded.

§ 10 Availability and changes

We operate the service with the care of a prudent merchant but owe no specific availability unless expressly agreed. We announce maintenance where possible and schedule it in low-usage periods. Features may be developed and changed as long as the purpose of the contract is preserved.

§ 11 Termination

Termination is possible in text form; an email to kontakt@awantia.com is enough. For consumer contracts concluded online the statutory cancellation button is additionally available. The right to extraordinary termination for good cause remains unaffected on both sides; for us, good cause includes in particular a serious breach of § 7 or § 8.

Access to paid features ends with the contract. Exports created during the term may continue to be used within the limits of § 8.

§ 12 Changes to these terms

We notify changes to these terms in text form at least six weeks before they take effect. If the customer does not object before they take effect, the changes are deemed accepted; we point this consequence out separately in the notification. Towards consumers, changes take effect only with express agreement.

§ 13 Governing law and venue

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. 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.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is 15732 Schulzendorf. Should any provision of these terms be invalid, the remainder of the contract stays in force.

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