Subscription Terms for Bidmio Software

Acceptance of Subscription and Conditions
1.1 By accepting these subscription terms (hereinafter referred to as “Terms”) by checking the box, using the application or services, or by any other form of agreement, a contract is entered into between Bidmio ApS, with identification number 43675796, (hereinafter referred to as “Bidmio”) and the customer (hereinafter referred to as “Customer”).
1.2 License Agreement: This document represents a legally binding agreement between you – whether as an individual, company, or organization (hereinafter referred to as “Customer”) – who has been granted a license for the software product (“Product”), and Bidmio ApS (“License Provider” or “Application Publisher”). The Product is available exclusively through distribution platforms such as the Apple App Store, Google Play Store, and the official website of the Application Publisher.

1.3 The Terms may be accepted on behalf of the Customer by a third party, such as auditing firms or administrative agencies, provided they have the necessary authorization and the Customer has been duly informed of the Terms in advance.

Subscription Period and Invoicing
2.1 The subscription becomes valid upon ordering and lasts until termination in accordance with the Terms.
2.2 The first billing period starts from the date of the order, unless otherwise agreed. Invoices are subsequently issued regularly and in advance for each period, unless the contract or specific product conditions specify otherwise.

2.3 During the current billing period, it is not possible to reduce the number of subscription licenses.

Scope and Use of Subscription
3.1 The Customer gains non-exclusive access to the application for order management, provided online as software as a service, in accordance with these terms and conditions. The Customer does not acquire a physical copy of the application or a license to run it outside of the software service.
3.2 The application is intended solely for the Customer and its advisers. Using the application for data processing or providing services to other entities is prohibited. The Customer is fully responsible for any third parties to whom access to the application is provided.

3.3 Except as provided in clause 3.2, the Customer has no right to partially or completely transfer the subscription to third parties, nor to provide access to the application to a third party.

3.4 The Customer is obliged to ensure that the application is not used in a manner that could damage the reputation of Bidmio or be contrary to applicable laws or regulations.

Prices and Payment Terms
4.1 Payment terms are set at 8 days net from the date of invoice issuance, unless otherwise agreed.
4.2 In case of late payment, the Customer will be notified. Persistent non-payment may result in limited access to the application. Access is restored upon receipt of payment unless Bidmio management has suspended the subscription in the meantime.

4.3 The Customer agrees to electronic delivery of invoices and reminders to the email address provided by the Customer. Invoices and reminders are deemed delivered immediately upon sending.

4.4 Current prices are available on the Bidmio website and may be changed with one month’s notice. All prices are stated excluding VAT.

4.5 Prices may be adjusted annually in January according to the national price index, but by at least 1.5%.

4.6 In addition to the license fee, the Customer undertakes to pay fees for other paid services provided by the Provider, especially the price for entry training and other additional services only if ordered.

Termination
5.1 The Customer may terminate the subscription at the end of the billing period, unless otherwise specified in the specific service conditions.
5.2 Bidmio may terminate the subscription without notice in the event of a material breach of the Terms by the Customer or in the event of its insolvency or inability to pay.

Customer Data
6.1 The Customer owns all of its data in the application and has the right to export it at any time. After the subscription expires, Bidmio intends to provide the Customer with a 10-day period to export data, if feasible and commercially reasonable.
6.2 Bidmio reserves the right to delete Customer data 90 days after the end of the subscription for any reason, without obligation to further retain them.

6.3 After the subscription expires, Bidmio may retain and use Customer data in anonymized form for statistical and analytical purposes in accordance with data protection practices.

6.4 In exceptional cases, if Bidmio considers it justified, it may provide access to Customer data to third parties or authorities, for example in the case of a court decision, authorization, Customer insolvency, death, etc., but always with the Customer’s consent.

Protection of Personal Data
7.1 The Acquirer is obliged to obtain prior consent from individuals whose personal data will be processed in connection with the license for the Online application, if it concerns sensitive data subject to applicable legislation. The Provider is not liable for damages caused by improper processing of personal data by the Acquirer.
7.2 The Acquirer agrees to the processing of their personal data, including name, surname, permanent address, place of business or domicile, email address, and telephone number, by third parties authorized by the Provider, in accordance with the Personal Data Protection Act. This data will be used solely for the purpose of providing Provider services.

7.3 The Acquirer agrees to the recording of conversations with the Provider in case of telephone contact and the retention of these recordings.

7.4 By giving consent, the Acquirer allows the Provider to send commercial offers to their email address. This consent can be revoked in writing at any time.

7.5 The Acquirer agrees that the Provider may collect and use statistical data about their activity in the Online application, especially regarding the use of features and modules.

7.6 The Acquirer confirms that they are informed about their rights under the Personal Data Protection Act and that all provided data is accurate, truthful, and voluntary.

7.7 The Acquirer has been informed about the use of cookies on websites with the Online application and has given consent to their use for a period of 48 months. The Acquirer has the option to manually remove, block, or disable cookies in their web browser and can refer to the help section for more information.

Operational Stability
8.1 Bidmio strives for maximum operational stability but is not responsible for outages or failures caused by factors beyond its control, such as power outages, equipment malfunctions, internet connectivity issues, etc. Services are provided “as is” without warranties.
8.2 In case of an outage, Bidmio endeavors to restore normal operations as soon as possible.

8.3 Planned outages will occur outside of the main operating hours, preferably between 21:00 and 6:00 CET. If an interruption outside of this period is necessary, the Customer will be notified in advance.

Updates and Changes
9.1 We reserve the right to regularly update and improve our application and services, as well as change their content and features. These changes may be made with or without prior notice and may affect the availability of services or the integrity of stored data.
9.2 Payment for the Online application license does not guarantee free access to future updates, modules, enhanced features, and significant qualitative and quantitative improvements to the Online application. If the Acquirer wishes to obtain these enhancements, they will have the opportunity to purchase their license from the Provider for an additional