Terms and conditions

Version: September 2026

This English version is provided for convenience only. The German version is legally binding (see section 23).

1. Scope

1.1 Provider

These General Terms and Conditions (“Terms”) govern the use of the SaaS platform TenderCatcher (“TenderCatcher”, “Platform” or “Service”) of

Substring AG
Lindenhofstrasse 1
3048 Worblaufen
Switzerland

(hereinafter “TenderCatcher”).

1.2 Subject matter

These Terms apply to all contracts for the use of TenderCatcher, in particular to paid subscriptions, unless otherwise agreed in the respective offer or contract.

1.3 Business customers only

TenderCatcher is intended exclusively for businesses, organisations, public authorities, self-employed persons and other customers who use the Service in the course of their business, professional or self-employed activity.

A contract for the use of TenderCatcher is therefore concluded exclusively for business or professional purposes. Use for private purposes is not intended.

Where a customer exceptionally concludes the contract for purposes other than business or professional ones and mandatory statutory consumer protection provisions apply to the contractual relationship, those mandatory provisions remain unaffected.

1.4 Precedence of these Terms

Deviating or conflicting terms and conditions of the customer apply only if TenderCatcher expressly confirms their validity in text form.

Individual agreements between TenderCatcher and the customer take precedence over these Terms.

2. Subject and scope of services

2.1 SaaS platform

TenderCatcher provides the customer with a web-based software-as-a-service platform through which information on tenders, procurement procedures and related business opportunities can be researched and displayed.

2.2 Notification service

TenderCatcher is a notification and research service.

The Service helps the customer identify potentially relevant tenders. In particular, TenderCatcher does not replace:

• checking the original source;
• reviewing the complete tender documents;
• legal or procurement-law advice;
• a technical review of the tender;
• checking the eligibility requirements;
• the customer’s own monitoring of deadlines.

2.3 Sources

The information provided by TenderCatcher may originate, among other things, from publicly accessible sources, procurement platforms, government portals, websites of contracting authorities and other information sources.

2.4 No entitlement to completeness

TenderCatcher does not warrant that all relevant tenders, procurement procedures or other business opportunities are captured.

In particular, there is no entitlement to all available tenders being displayed for a specific region, sector, authority, contracting authority or search profile.

2.5 Changes to the Service

TenderCatcher is entitled to further develop, change, supplement or discontinue individual functions of the Platform.

This applies in particular due to technical developments, changes to third-party interfaces, changes to external data sources or legal requirements.

The essential purpose of the contract shall be taken into account appropriately.

3. Information from external sources

3.1 Origin of information

A substantial part of the information provided through TenderCatcher originates from external sources.

TenderCatcher has no or only limited influence on the content, availability, structure and currency of these sources.

3.2 No warranty of accuracy, completeness and currency

TenderCatcher gives no warranty as to the completeness, accuracy or currency of the information provided.

This applies in particular to:

• tender titles;
• descriptions;
• contracting authorities;
• contact details;
• deadlines;
• dates;
• conditions of participation;
• selection criteria;
• contract values;
• categories;
• classifications;
• country and location information;
• translations;
• status information;
• other automatically or manually processed information.

3.3 The original source prevails

The information and tender documents published by the competent contracting authority or the respective original source always prevail.

Before participating in a procurement procedure, the customer is obliged to check the original source and the information available there.

3.4 Deadlines

Deadlines are generally taken from the respective sources and may change after they have been captured by TenderCatcher.

In particular, deadlines may be extended, shortened, cancelled or otherwise adjusted.

TenderCatcher does not warrant that changes to deadlines are detected, processed or shown to the customer in good time.

Responsibility for meeting all deadlines lies with the customer.

4. Machine translations

4.1 Translations

TenderCatcher may translate content from external sources by machine or automatically.

4.2 No warranty for translations

Machine translations may contain errors, inaccuracies or deviations in meaning.

TenderCatcher gives no warranty as to the accuracy, completeness or legal validity of such translations.

4.3 Original text

In the event of discrepancies between a machine translation and the original text, only the original text of the respective source is authoritative.

For a binding assessment, the customer is obliged to consult the original information.

5. Tender documents and participation in procedures

5.1 No provision of tender documents

TenderCatcher does not generally provide complete tender documents or other original documents of the respective contracting authority, unless this has been expressly agreed as part of the booked service.

5.2 External platforms

Where participation in a procurement procedure requires registration, login, authentication, obtaining documents or any other action on an external procurement platform or with a contracting authority, this is solely the customer’s responsibility.

5.3 Participation in procurement procedures

Participation in a procurement procedure takes place exclusively via the competent contracting authority or its platform or source.

TenderCatcher does not accept bids on behalf of the customer and does not submit bids in the customer’s name.

5.4 No representation

By notifying the customer of a tender, TenderCatcher does not become the customer’s representative, intermediary, broker or agent in the respective procurement procedure.

6. Registration and user account

6.1 Registration

A user account is required to use certain functions.

The customer undertakes to provide complete and correct information when registering.

6.2 Updates

The customer shall keep their information up to date and update changes without delay.

6.3 Access credentials

Access credentials must be kept confidential and protected against access by unauthorised persons.

6.4 Responsibility for the user account

The customer is responsible for all activities carried out via their user account, insofar as they are responsible for them.

6.5 Misuse

TenderCatcher must be informed without delay if unauthorised access becomes known or is reasonably suspected.

7. Right of use

7.1 Scope

By registering for the free plan or by concluding a paid subscription, the customer receives a non-exclusive, non-transferable right, limited to the term of the contract, to use TenderCatcher within the scope of the respective plan.

7.2 Personal and company-bound use

The right of use is personal and company-bound.

Passing on personal access to third parties is not permitted.

7.3 Use within the company

Use by employees of the same company is only permitted within the scope of the booked plan.

Where a plan provides for a certain number of users, this number must not be exceeded.

7.4 Prohibited use

In particular, the following are prohibited:

1. reselling or commercially passing on TenderCatcher data;
2. passing on access credentials to unauthorised persons;
3. systematic or automated extraction of substantial parts of the data;
4. systematic downloading or archiving of data outside the functions provided by TenderCatcher;
5. mirroring or copying substantial parts of the Platform;
6. providing an own data feed based on TenderCatcher data;
7. using the data to build a competing database or service;
8. circumventing technical access restrictions;
9. using automated processes, bots, scraping systems or comparable technologies, unless expressly permitted by TenderCatcher.

7.5 Suspension in case of misuse

In the event of a justified suspicion of misuse or a material breach of these Terms, TenderCatcher is entitled to temporarily restrict or suspend access.

Where possible and reasonable, the customer will be informed in advance.

8. Intellectual property

8.1 Rights to the Platform

All rights to the software, Platform, user interface, design, technical concepts, databases, trademarks, logos and other components provided by TenderCatcher remain with TenderCatcher or the respective rights holders.

8.2 No transfer of rights

The use of TenderCatcher does not transfer any ownership or intellectual property rights to the customer.

8.3 Third-party content

Rights of third parties to content displayed via TenderCatcher, in particular to tender texts and documents, remain unaffected.

The customer is responsible for respecting the rights of the respective sources and rights holders when reusing content.

9. Availability and technical disruptions

9.1 Availability

TenderCatcher endeavours to operate the Platform reliably and with as few disruptions as possible.

A specific availability or uninterrupted accessibility is not guaranteed unless a separate service level agreement has been concluded.

9.2 Maintenance

TenderCatcher may carry out maintenance, updates and technical adjustments that may temporarily restrict or interrupt the Platform.

9.3 Third-party providers

TenderCatcher partly depends on external technical service providers, hosting providers, data sources, interfaces and internet services.

TenderCatcher accepts no responsibility for outages or restrictions of such third-party providers, insofar as these lie outside TenderCatcher’s reasonable control.

10. Prices and terms of payment

10.1 Prices

The prices applicable to TenderCatcher are set out in the respective offer, plan or ordering process.

10.2 VAT

Unless stated otherwise, prices are exclusive of statutory VAT.

Customers based in Switzerland are charged Swiss VAT. Customers based outside Switzerland are invoiced without Swiss VAT under the reverse-charge procedure; the customer owes the tax under the law of its country of establishment.

10.3 Billing

Depending on the billing interval chosen, subscriptions are billed monthly or yearly in advance, unless the respective plan provides otherwise.

10.4 Payment

Payment is made by card via the payment service provider Stripe. The amount is charged at the beginning of each billing period, unless a different payment term is stated in the offer or on the invoice.

10.5 Late payment

In the event of late payment, TenderCatcher is entitled, after a reasonable reminder, to temporarily suspend access to the Platform or to downgrade the account to the free plan.

The obligation to pay the agreed fee remains during such a suspension insofar as the customer is responsible for it.

10.6 Price changes

TenderCatcher is entitled to adjust prices for future billing periods.

Price changes will be communicated to the customer reasonably in advance.

In this case, the customer has the right to cancel the subscription with effect from the date on which the price change takes effect.

11. Term and cancellation

11.1 Term

The subscription is concluded for an indefinite period.

11.2 Cancellation

The subscription may be cancelled by either party at any time.

11.3 Effective date of cancellation

Cancellation generally takes effect at the end of the current billing period (month or year). Until then, the booked plan remains available; thereafter, the account continues on the free plan.

11.4 Form of cancellation

Cancellation may be made via the function provided in the customer account or in text form.

11.5 No pro-rata refund

Subscription fees already paid are generally not refunded pro rata for billing periods that have begun.

11.6 Extraordinary termination

The right to terminate for good cause remains reserved.

Good cause exists in particular if one party can no longer reasonably be expected to continue the contractual relationship due to a material breach of contract by the other party.

12. Data after the end of the contract

12.1 Deletion

After a paid subscription ends, the customer account continues on the free plan and the stored customer data is retained. If the customer deletes their customer account, the customer data stored in the account is deleted within 30 days.

12.2 Statutory retention obligations

Data that must be retained for longer due to statutory obligations is only deleted after the respective statutory retention period has expired.

12.3 Data backup by the customer

The customer is responsible for exporting or otherwise backing up any data they need before deleting their customer account, insofar as TenderCatcher offers corresponding export options.

12.4 No entitlement to restoration

Once deleted, there is generally no entitlement to the restoration of customer data.

13. Obligations of the customer

The customer undertakes:

1. to use TenderCatcher only in accordance with applicable law and these Terms;
2. to treat access credentials confidentially;
3. not to allow unauthorised persons to access the user account;
4. not to circumvent technical protective measures of the Platform;
5. not to carry out automated access unless expressly permitted;
6. not to misuse the information provided by TenderCatcher;
7. to respect the rights of third parties when using and passing on information;
8. to check tenders and tender documents against the original source before participating;
9. to monitor deadlines on their own responsibility;
10. to participate in procurement procedures directly via the competent contracting authority or its platform.

14. Liability and warranty

14.1 General disclaimer

TenderCatcher gives no warranty as to the completeness, accuracy, currency or availability of the information provided via the Platform.

14.2 No warranty regarding tenders

In particular, TenderCatcher does not warrant that:

• all tenders are captured;
• a specific tender is actually displayed;
• information is reproduced completely;
• deadlines are displayed correctly or currently;
• changes to a tender are detected in good time;
• a tender is relevant to the customer;
• the customer meets the requirements for participation;
• the customer is awarded a contract based on any information;
• participation in a procurement procedure is successful.

14.3 Own review

The customer expressly acknowledges that TenderCatcher is a research and notification service.

The final review of the original source, the tender documents, conditions of participation, deadlines and other requirements lies solely with the customer.

14.4 Indirect damage

To the extent permitted by law, TenderCatcher is not liable for indirect or consequential damage, in particular not for:

• loss of profit;
• lost contracts;
• lost business opportunities;
• loss of data;
• damage to reputation;
• savings not achieved;
• damage resulting from missed deadlines;
• damage resulting from tenders not detected or displayed incorrectly.

14.5 Limitation of liability

To the extent permitted by law, TenderCatcher’s liability for direct damage is limited to the amount actually paid by the customer for TenderCatcher during the twelve months preceding the damaging event.

14.6 Mandatory law

The above limitations of liability do not apply insofar as liability cannot be excluded or limited under mandatory law.

15. Data protection

15.1 Applicable data protection law

TenderCatcher processes personal data in accordance with the applicable data protection provisions, in particular the Swiss Federal Act on Data Protection (FADP) and, where applicable, the General Data Protection Regulation of the European Union (GDPR).

15.2 Privacy policy

Details of the processing of personal data are set out in TenderCatcher’s current privacy policy.

15.3 Processing on behalf of the customer

Insofar as TenderCatcher processes personal data on behalf of the customer, a data processing agreement (DPA) may additionally be required.

15.4 Responsibility of the customer

The customer remains responsible for the lawfulness of the personal data it transmits to TenderCatcher or provides for processing.

15.5 Sub-processors

TenderCatcher is entitled to engage suitable technical service providers and sub-processors to provide its services, insofar as this is permissible under data protection law.

16. Confidentiality

16.1 Confidential information

The parties undertake to treat as confidential any confidential information of the other party that becomes known to them in connection with the contractual relationship.

16.2 Exceptions

Information is not considered confidential if it:

• is publicly known;
• becomes public without breach of contract;
• was already lawfully known to the receiving party;
• was received lawfully from a third party without an obligation of confidentiality.

16.3 Statutory disclosure

Statutory disclosure obligations remain reserved.

17. Changes to these Terms

17.1 Right to change

TenderCatcher may amend these Terms, in particular due to legal, technical or operational changes.

17.2 Notification

Changes will be communicated to the customer reasonably in advance.

17.3 Material changes

In the event of material changes that significantly disadvantage the customer, the customer may cancel the subscription with effect from the date on which the change takes effect, unless mandatory legal or technical reasons require the change.

17.4 Mandatory law

Mandatory statutory provisions remain reserved.

18. Assignment of the contract

18.1 Assignment by the customer

The customer may only transfer rights and obligations under the contractual relationship to third parties with TenderCatcher’s prior consent.

18.2 Assignment by TenderCatcher

TenderCatcher may transfer rights and obligations under the contractual relationship to affiliated companies or legal successors, provided that the customer’s legitimate interests are not materially impaired.

19. Force majeure

Neither party is liable for delays or failures of performance caused by events beyond its reasonable control.

Such events include in particular:

• natural events;
• war;
• civil unrest;
• pandemics and epidemics;
• measures by public authorities;
• strikes;
• outages of telecommunication or internet services;
• cyber attacks;
• outages of hosting providers;
• outages or material changes of external data sources;
• other events of force majeure.

20. Notices

20.1 Notices in connection with the contractual relationship may generally be given electronically.

20.2 The customer is responsible for keeping the email address stored with TenderCatcher up to date.

20.3 Legally relevant notices are deemed delivered as soon as they have been sent to the email address last provided by the customer, to the extent permitted by law.

21. Applicable law

21.1 All contractual relationships between TenderCatcher and the customer are governed by substantive Swiss law.

21.2 The application of conflict-of-law rules is excluded to the extent permitted by law.

21.3 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

21.4 Mandatory statutory provisions of the state in which a customer has its registered office remain reserved, insofar as their application cannot be excluded by law.

22. Place of jurisdiction

22.1 For all disputes arising from or in connection with the contractual relationship, the registered office of TenderCatcher in Switzerland is the place of jurisdiction, to the extent permitted by law.

22.2 Mandatory statutory places of jurisdiction remain reserved.

23. Contract language

23.1 The contract language is German.

23.2 Insofar as TenderCatcher provides translations of these Terms into other languages, these serve solely to aid understanding.

23.3 In the event of contradictions between the German version and a translation, the German version prevails, to the extent permitted by law.

24. Severability

Should any provision of these Terms be or become wholly or partly ineffective, invalid or unenforceable, the validity of the remaining provisions remains unaffected.

The ineffective, invalid or unenforceable provision shall be replaced by an effective provision that comes as close as possible to the economic purpose of the original provision.

25. Final provisions

25.1 These Terms, together with the respective offer, plan and any further contractual documents, form the basis of the contractual relationship between TenderCatcher and the customer.

25.2 In the event of a conflict between the contractual documents, the following order of precedence applies:

1. individual written agreements;
2. data processing agreement, insofar as relevant under data protection law;
3. service description or individual offer;
4. these Terms;
5. other supplementary documents.

25.3 Changes or additions to individual agreements generally require text form, unless a stricter form is expressly prescribed.

Provider

Substring AG
Lindenhofstrasse 1
3048 Worblaufen
Switzerland

Website: tendercatcher.com
Email: hello@substring.ch
UID: CHE-406.099.097

Version: September 2026