Terms of Service

Welcome to Bidfix.ai! These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Customer," "you") and Fix Solutions GmbH ("Bidfix.ai," "we," "us," or "our"). Our registered office is at Rosenheimer Str. 116, 81669 München, Germany.

These terms govern your access to and use of the bidfix.ai website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and the services provided.

By accessing and using the Site and our Services, you agree that you have read, understood, and are bound to comply with all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We may modify these Terms of Service from time to time. For material changes, we will notify you by email at least 30 days before the changes take effect. The changes shall be deemed accepted unless you object in writing within 30 days of receiving the notification. We will specifically inform you of this consequence in the change notification. In case of objection, either party may terminate the Agreement with effect from the date the changes would have taken effect.

Unless otherwise indicated, the Site, Services, and all related content are our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws. No rights are transferred to the Customer except as expressly provided in this Agreement.

Provided that you are eligible to use the Site, you are granted a non-exclusive, non-transferable license to access and use the Site and Services for your internal business purposes in accordance with this Agreement. You may not reproduce, distribute, or create derivative works from any content on the Site without explicit permission from Bidfix.ai.

All Intellectual Property Rights in Customer Data are owned by the Customer. The Customer grants Bidfix.ai a non-exclusive, revocable right to process Customer Data solely for the purpose of providing the contractually agreed Services. Any use for product improvement shall only occur in anonymized or aggregated form. Upon termination of the Agreement, all Customer Data will be deleted in accordance with Art. 17 GDPR.

You grant us a non-exclusive, royalty-free right to use any feedback, suggestions, or improvement proposals ("Submissions") you provide, unless such Submissions contain confidential business information. If Submissions are marked as confidential, we will treat them accordingly. We will not use Submissions that are clearly marked as confidential without your prior written consent.

To use the full features of the Site, Customers must complete the registration process, which includes providing a valid email address and other required information. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

You are responsible for the timely preparation, accuracy, and completeness of all documentation and information provided to Bidfix.ai or inputted into the Site in connection with the Services.

By using the Site, you represent and warrant that:

• You have the legal capacity and you agree to comply with this Agreement.
• You are not a minor in the jurisdiction in which you reside.
• Automated access to the Site is only permitted through APIs provided by Bidfix.ai or with prior written authorization. For authorized API integrations, the API terms of use apply.
• You will not use the Site for any illegal or unauthorized purpose.
• Your use of the Site will not violate any applicable law or regulation.

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site.
• Disparage, tarnish, or otherwise harm us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit viruses, Trojan horses, or other harmful material.
• Engage in unauthorized automated use of the system, such as using scripts, data mining, robots, or similar data gathering and extraction tools outside of the APIs provided by Bidfix.ai.
• Attempt to impersonate another user or person or use the username of another user.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Attempt to bypass any measures of the Site designed to prevent or restrict access.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Use the Site or its Content to directly compete with Bidfix.ai or to develop a competing product or service.

The scope of services provided is determined by the Customer's subscription plan as specified in the relevant Order Form. Fees are based on Services purchased and not actual usage.

If not otherwise stated in the Order Form, services are offered on a subscription basis with payments made in advance (monthly, quarterly, semi-annual, or annual). Subscriptions renew automatically unless cancelled by the Customer according to the terms in Section 7.

The Customer is responsible for providing complete and accurate billing and contact information to Bidfix.ai and notifying us of any changes. Unless otherwise stated, invoiced fees are due within 14 days of invoice date. All payments shall be made in the currency reflected on the invoice.

In case of payment default, Bidfix.ai is entitled to charge default interest at a rate of 9 percentage points above the base interest rate (§ 288 para. 2 BGB). After unsuccessful reminder with a grace period of 14 days, Bidfix.ai may suspend access to the Services until outstanding payments are settled.

Price changes for contract renewals will be communicated to the Customer in writing at least 60 days before the start of the new contract term. In case of price increases exceeding 5%, the Customer has a special right of termination effective at the end of the current contract term.

In case of termination by Bidfix.ai without Customer fault, or if the Customer exercises a special termination right (e.g., due to material changes to the Terms of Service, changes to data processors, or price increases), a pro-rata refund of prepaid fees for the remaining subscription period will be provided.

To cancel an account, the Customer must notify Bidfix.ai via email (alex@bidfix.ai) at least:

• 5 days before the end of the subscription term for monthly, quarterly, and semi-annual plans.
• 30 days before the end of the subscription term for annual plans.

Following account cancellation, all Customer Data will be deleted within 30 days, unless legal retention obligations (e.g., tax or commercial law requirements) apply. Data subject to statutory retention periods will be deleted upon expiry of the respective retention periods.

We may terminate your account without notice only for good cause (wichtiger Grund) pursuant to § 314 BGB (German Civil Code), including but not limited to: (1) material breach of this Agreement, (2) payment default exceeding 14 days, (3) use of the Services for unlawful purposes. If we terminate without Customer fault, you are entitled to a pro-rata refund of prepaid fees for the remaining subscription period. Upon termination, you must cease all use of the Services.

Bidfix.ai is authorized to use publicly available data and Customer Data solely for the purpose of providing the contracted Services. Any use for service improvement shall only occur in anonymized or aggregated form.

Bidfix.ai engages data processors (Auftragsverarbeiter) in accordance with Art. 28 GDPR to provide the Services. A list of current data processors is available upon request. We will notify you of any material changes to our data processors with at least 14 days' notice. If you have legitimate objections to such changes, you may terminate the Agreement with effect from the date the changes would take effect.

Both parties undertake to treat all confidential information of the other party received in the course of the contractual relationship in strict confidence and not to disclose it to third parties, unless this is necessary for the performance of the contract or required by law. This confidentiality obligation shall continue to apply after termination of the Agreement.

Bidfix.ai shall ensure that the Site and Services are operated and performed in accordance with good industry standards. We may, upon prior notice, take down the Site for scheduled maintenance, upgrades, or new releases.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. Liability for damages arising from unavailability is limited to cases of intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit). In cases of slight negligence (leichte Fahrlässigkeit), we are only liable for breach of essential contractual obligations (Kardinalpflichten), limited to the foreseeable, contract-typical damage. For scheduled maintenance, of which we will provide at least 48 hours' advance notice, no liability shall apply.

This Agreement is governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Any disputes arising from or in connection with this Agreement shall first be attempted to be resolved through good-faith negotiations. The place of jurisdiction for any legal action shall be the registered seat of the respective defendant party. For claims against Bidfix.ai, the exclusive place of jurisdiction is Munich, Germany.

This Agreement and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

We may only assign our rights and obligations under this Agreement to third parties with your consent, unless the assignment is part of a corporate restructuring, of which we will notify you 30 days in advance. In this case, you have a special right of termination.

Neither party shall be liable for failure or delay in performing its obligations to the extent that the failure or delay is due to force majeure. Force majeure includes, in particular, natural disasters, war, terrorism, pandemics, governmental actions, power outages, telecommunications network failures, or cyber attacks that are beyond the reasonable control of the affected party.

If any provision of this Agreement is or becomes wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed agreed which comes closest to the economic purpose of the invalid or unenforceable provision.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of this Agreement or use of the Site. Amendments and supplements to this Agreement must be in writing. This also applies to the waiver of this written form requirement.