General Terms and Conditions (GTC) / Terms of Use, Verganta

These General Terms and Conditions (GTC) govern the use of the Verganta platform, consisting of the website (www.verganta.ai) and the web platform (app.verganta.ai).

Verganta is operated by openFORCE Holding & Consulting GmbH, Franzensbrückenstraße 5/5, 1020 Vienna, Austria (hereinafter referred to as "we," "us," or "Verganta").

By registering for or using the platform, users (hereinafter referred to as "you") agree to these Terms and Conditions. Where individual functions or areas of the platform (e.g., Verganta Prime) are subject to a fee, the terms specified for those functions or areas also apply.

These GTC apply to all users, regardless of whether they use the services free of charge (e.g., Verganta Analytics) or for a fee (e.g., Verganta Prime). A personal user account is required to use the platform. Any agreements that deviate from these GTC are valid only if 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.ai) and the web platform (app.verganta.ai). 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).

Users' deviating, conflicting, or supplementary terms and conditions shall not form part of the contract unless we have expressly agreed to their application in writing.

Supplementary special terms (e.g., for paid plans or additional services) shall take precedence over these GTC in the event of a conflict, provided that they were expressly agreed when the contract was concluded.

We reserve the right to amend these GTC as necessary, for example due to changes in law, technical developments, or new features. Users will be notified of changes in good time and in an appropriate form. If users do not object to a change within 30 days of notification, the amended terms shall be deemed accepted.

2. Service description

2.1 General

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 following registration)
  • Verganta Prime (a paid additional service within the same user account)

2.2 Verganta Analytics

Verganta Analytics provides a search function for public tenders for which contracts 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 analyzed in this area.

2.3 Verganta Prime

Verganta Prime is the core of the platform. An AI-powered assistant helps companies identify tenders that are relevant to them. Based on stored company data and ongoing user feedback, Verganta Prime highlights suitable tenders and thereby facilitates targeted participation in procurement procedures.

2.4 Data sources

The tender information provided on Verganta is automatically processed from publicly accessible data sources and displayed on the platform. These include in particular:

  • Publications from the Supplement to the Official Journal of the European Union (TED – Tenders Electronic Daily, ted.europa.eu), made available under the Creative Commons license (CC BY 4.0).
  • Other national procurement notice sources, provided that they are publicly accessible and machine-readable.

The data is technically processed and enriched by Verganta without altering the substance of the original information. The original publications of the respective official source always remain authoritative.

2.5 Availability

We endeavor to ensure high availability of the platform. However, users are not entitled to continuous, uninterrupted availability at all times. Maintenance work, technical disruptions, or events of force majeure may result in temporary restrictions.

3. Requirements for use and registration

3.1 Technical requirements

Use of Verganta requires a suitable device (e.g., a 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 warrant error-free use if these requirements are not met.

3.2 Registration and login

A personal user account is required to use the platform. To register and log in, users provide a valid email address. Verganta sends a one-time code that is valid for a limited period to this address. The code is used to verify the email address and enable access to the user account. No password is created.

One-time codes must not be disclosed to third parties. Users are responsible for adequately protecting access to their email account and must inform Verganta without delay if they suspect unauthorized use of their user account.

The same user account is used for Verganta Analytics and, after entering into a paid services agreement, for Verganta Prime.

3.3 Newsletter and waiting list

Users may optionally sign up for the newsletter or waiting list to receive information about updates, new features, and the official launch of Verganta. A valid email address is required to sign up. Users may unsubscribe at any time using the unsubscribe link included in each email.

4. Rights and obligations of users

4.1 Accurate information during registration

Users undertake to provide accurate, current, and complete information when registering for and using Verganta. In particular, they must use a valid email address to which they have ongoing access. Relevant data, such as company information or contact details, must be updated without delay when changes occur.

4.2 Prohibition of misuse

Verganta may be used only within the scope of its intended functions. The following activities are prohibited in particular:

  • automated querying, scraping, or other large-scale analysis of the data provided,
  • any circumvention of security or access restrictions,
  • use of the platform for unlawful or unfair purposes,
  • disclosure of one-time codes or other authentication data to unauthorized third parties, or the use of such data in another person's name without consent.

Verganta reserves the right to suspend or terminate access in the event of a violation.

4.3 Obligations to cooperate

To enable Verganta's services, particularly Verganta Prime, to be provided in the best possible manner, users are required to enter and maintain accurate, current, and complete company data. This includes, in particular, the company name and company website, as well as other voluntary information, such as the industry and certificates.

The quality of suggestions and matching results depends substantially 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, namely Verganta Analytics and Verganta Prime, in accordance with the current state of the art. However, users are not entitled to availability at all times or to specific functionality.

5.2 Further development

We reserve the right to continually improve, change, or expand the platform's content, functions, or scope of services. Adjustments are made in particular to optimize the user experience, comply with legal requirements, or ensure data security.

5.3 Availability

We endeavor to ensure the highest possible availability of our systems. However, planned maintenance work or unforeseen technical disruptions may temporarily result in restrictions or outages. Users are not entitled to uninterrupted access.

5.4 Communication

Verganta will notify users in good time by email or within the platform of material changes to services, prices, or terms of use. We also send messages to the registered email address that are required for registration, login, account security, or contract administration. Any optional newsletters or other promotional communications are sent separately.

5.5 Limitation of liability

Verganta is not liable for the accuracy, completeness, or timeliness of the tender information displayed, as this information is obtained automatically from public sources. Only the original publications of the respective official authorities are authoritative.

In addition, liability for slight negligence is excluded, except in cases involving injury to life, limb, or health, or where mandatory statutory provisions provide otherwise.

6. Fees and payment terms

6.1 Verganta Analytics

The use of Verganta Analytics is free of charge for registered users.

6.2 Verganta Prime

The use of Verganta Prime is subject to a fee and requires an existing user account and the conclusion of a corresponding services agreement. Verganta Prime is activated within the same user account that is used for Verganta Analytics. The current prices are shown on the Verganta website (www.verganta.ai).

6.3 Payment arrangements

Billing is based on the agreed pricing and billing model, such as a monthly or annual subscription. Payment is due in advance. All prices are exclusive of the applicable statutory value-added tax (VAT).

6.4 Price changes

Verganta reserves the right to change its prices and pricing models. Price changes will be communicated to the affected users in text form (e.g., by email) at least six weeks before they take effect. In such cases, users have a special right to terminate the contract before the changes take effect.

6.5 Payment default

If a user is in default of payment, we are entitled to temporarily block access to Verganta Prime until the outstanding amounts have been paid. We reserve the right to assert further claims, such as default interest and reminder fees.

6.6 Refunds

Users are entitled to a full or pro rata refund of fees already paid only if the unavailability or restriction of the service is attributable to gross negligence or intent on the part of Verganta.

7. Term and termination

7.1 Term

The services agreement for Verganta Prime is concluded as a monthly or annual subscription, depending on the model selected. The agreement renews automatically for the same period unless it is terminated within the applicable notice period.

7.2 Termination by users

Users may terminate the agreement at any time with effect from the end of the relevant billing period. Notice of termination must be given in text form (e.g., by email) or may, where this functionality is available, be submitted directly through the user account.

7.3 Termination by Verganta

Verganta is entitled to terminate the agreement for good cause without notice. Good cause exists in particular where:

  • users repeatedly breach the obligations set out in these Terms of Use,
  • payment obligations are not met despite a reminder, or
  • the platform is used improperly or unlawfully.

7.4 Consequences of termination of Verganta Prime

When the termination takes effect, access to Verganta Prime will be blocked. The user account will generally continue to exist, and Verganta Analytics may continue to be used free of charge through that account.

Prime-specific settings and stored content will remain accessible for up to 30 days after the end of the agreement. They will then be deleted unless statutory retention obligations apply.

7.5 Deletion of the user account

Users may request the deletion of their user account in text form or, where this functionality is available, directly through the user account. Deletion of the user account terminates access to Verganta Analytics and Verganta Prime.

Deletion of the user account and termination of an existing Verganta Prime subscription are separate processes. An active Verganta Prime subscription must therefore be terminated separately before the user account is deleted. Statutory retention obligations and outstanding payment claims remain unaffected.

7.6 Special right of termination for users

Users have a special right to terminate the agreement if Verganta materially amends these GTC or increases its prices (see Section 6.4).

8. Intellectual property and rights of use

8.1 Intellectual property rights

All rights in and to the Verganta platform, including the underlying software, databases, designs, texts, logos, and other content, are owned exclusively by openFORCE Holding & Consulting GmbH or its licensors.

8.2 Grant of rights of use

By registering for and using Verganta, users receive a non-exclusive, non-transferable right, limited to the duration of the contractual relationship, to use the platform in accordance with these Terms of Use.

8.3 Prohibited activities

The content or data provided may not be reproduced, distributed, sold, made publicly accessible, or otherwise commercially exploited beyond its intended use unless openFORCE has expressly consented in writing.

8.4 Rights in external content

External data sources, such as publications from TED – Tenders Electronic Daily, are subject to their own licensing terms, in particular the Creative Commons license (CC BY 4.0). Users are required to comply with these terms.

9. Liability

9.1 Standard of liability

Within the scope of the statutory provisions, openFORCE Holding & Consulting GmbH shall be liable only for loss or damage caused by intent or gross negligence. In cases of slight negligence, openFORCE shall be liable only for loss or damage resulting from a breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to foreseeable loss or damage typical of this type of contract.

9.2 Exclusions of liability

Liability for indirect loss, consequential loss, or loss of profit is excluded to the extent permitted by law. The same applies to loss or damage caused by improper use of the platform, inadequate technical conditions on the user's side, or the use of third-party data.

9.3 Liability for data loss

openFORCE shall be liable for data loss only to the extent that the loss could not have been avoided through appropriate backup measures by users. Users are required to back up their own data regularly and to an appropriate extent.

9.4 Liability for third-party content

openFORCE does not warrant the accuracy, completeness, or timeliness of tender information from external sources, such as TED and national platforms, provided through Verganta. The original publications of the respective official source always remain 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 law of the Republic of Austria, excluding the United Nations Convention on Contracts for the International Sale of Goods. Mandatory provisions of European Union law remain unaffected.

10.2 Place of jurisdiction

The court having subject-matter jurisdiction at the registered office of openFORCE Holding & Consulting GmbH in Vienna shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms of Use, unless mandatory statutory provisions provide otherwise.

10.3 Severability clause

If any provision of these Terms of Use is or becomes 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 Amendments to the GTC

openFORCE reserves the right to amend or supplement these Terms of Use at any time where this is necessary for legal or technical reasons or where the amendment serves to improve the functionality of Verganta. Users will be informed of material changes in good time 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.

Last updated: August 2026