General Terms and Conditions of Business and Use

1. Scope, B2B status and contracting party

These terms govern use of the Polyquote platform, its APIs and widgets exclusively by existing businesses and entrepreneurs within the meaning of § 1 UGB. Contracts with consumers, and with natural persons regarding transactions undertaken before commencing business operations to establish the prerequisites for doing so (§ 1(3) KSchG), are excluded. The contracting party is Liam Vendel (trading as Polyquote), Stein 6, 4851 Gampern, Austria (“Provider”).

2. Formation of contract and scope of service

Registration initially constitutes an application to enter into a free B2B usage contract and is not yet acceptance by Polyquote. The applicant confirms its existing entrepreneurial status and authority to represent the business, accepts these Terms, accepts the separately linked Data Processing Agreement (DPA), and acknowledges the Privacy Policy. Polyquote may accept the application within 30 days after submission. If that period expires, or if an identified document has materially changed in the meantime, the then-current versions must be expressly confirmed again before activation; the earlier record remains unchanged. Polyquote verifies entrepreneurial status on a suitable, data-minimised basis. The free contract is formed only when Polyquote electronically activates access within an open application period following that verification and confirms acceptance. Processing of real widget requests and paid plans remain blocked until then. The application, acceptance, identified document versions and timestamps are recorded.

A paid plan is concluded electronically through the following steps: the customer opens plan selection in the Polyquote portal, reviews the desired plan and linked contractual documents, confirms the identified versions of the Terms and DPA, and reviews the plan, fee and billing interval shown there. Before submitting its contractual declaration the customer can correct that information, or cancel and return to plan selection. Only by activating the button expressly identified as subject to payment in the Polyquote portal does the customer submit its binding contractual declaration. The paid contract is formed when Polyquote activates the plan. No advance payment is required; billing is by invoice only.

The contract language is German. For evidentiary purposes, Polyquote stores in particular the selected plan, accepted document versions, timestamp and the number of the corresponding invoice. The customer portal displays the versioned record of activation of the free B2B usage contract, but currently does not provide a complete individual historic contract text. Before conclusion, the linked Terms and DPA can be saved, printed and reproduced using normal browser functions. Receipt of the customer’s electronic contractual declaration is confirmed electronically without undue delay; after successful activation, plan status is also confirmed electronically. The customer should retain these confirmations and the documents applicable when the contract was formed.

Polyquote provides software for managing material and pricing data, automated cost estimation and processing price requests. Automatically calculated results are approximations. Polyquote is neither a contracting party nor a representative in contracts between a merchant and an end customer.

3. Price requests and the contract with end customers

A submission through the widget is only a non-binding price request. It is neither an order nor a binding offer or order acceptance. Polyquote does not send offers, order confirmations, payment requests or invoices to end customers. The merchant must independently check manufacturability, price, tax, delivery time and mandatory legal information, and must handle all customer communication, any formation of contract and invoicing in its own name and through its own communication and accounting systems.

4. Customer duties

• Company, billing and contact details must be kept correct and current.
• Login credentials must be kept confidential; detected misuse must be reported without undue delay.
• Approved domains and an accurate privacy policy belonging to the customer must be configured for the widget.
• The customer remains responsible for prices, taxes, offers, production, product safety and its end-customer contract.
• Only files for which sufficient rights and a lawful basis for processing exist may be processed.

5. Permitted use and rights in uploads

Prohibited conduct includes unlawful content, malicious code, circumvention of technical limits, abusive automated access, and models whose possession or manufacture is unlawful or infringes third-party rights. Rights in customer data are not transferred. For the contract term, the customer grants the Provider the non-exclusive rights necessary for storage, analysis, backup and transmission.

6. Prices, billing, term and cancellation

Where the Austrian small-business exemption under section 6(1) Z 27 of the Austrian VAT Act applies, Polyquote does not show Austrian VAT for its own software service. The displayed prices are the final Polyquote service amounts. The merchant remains responsible for tax obligations relating to its own supplies to end customers and for applicable cross-border treatment. Incoming price requests are free without limit. The first ten first-time internal approvals of a merchant account are provided as one-time introductory approvals at no cost exclusively on PAYG and do not reset monthly.

From the eleventh first-time internal approval onward, an active PAYG plan is required. PAYG has no base fee; each additional request costs EUR 2.90 upon its first internal approval and is billed monthly in arrears.

Non-binding incoming, unreviewed or rejected price requests do not create billable usage. A request counts as usage only when the merchant first approves it internally; the same request is counted only once even if technically opened repeatedly. Technical security and abuse limits remain unaffected.

PAYG has no fixed minimum term and may be cancelled in text form, for example by email to the address stated in the imprint, at the end of the current monthly billing period. Plan, due-date, billing-interval and tax information shown in the Polyquote portal before the contractual declaration also forms part of the contract; the total amount for usage-dependent approvals billed in arrears is known only after use. Billing by the merchant to its end customers is entirely separate. Polyquote charges only for its own software service provided to the merchant.

The Ultimate plan costs EUR 699 per year and starts, upon switching, at 0 of 75 first-time internal approvals for the current calendar month. Any unused free introductory PAYG approvals expire upon switching and do not carry over to Ultimate. Unused Ultimate monthly approvals expire at the end of the month and do not carry over. Each additional first-time internal approval costs EUR 2.90 and is billed monthly in arrears. The annual fee is due in advance for the relevant annual period. The plan runs for one year and renews for a further year unless it is cancelled in text form, for example by email to the address stated in the imprint, at the end of the current annual period.

In the event of late payment, chargeback or abusive use, the Provider may restrict access after reasonably balancing the interests involved. Plan or price changes do not apply retroactively and do not take effect during an already paid or current billing period. They may take effect no earlier than the next renewal or billing period and will be announced in text form at least six weeks in advance. The customer may cancel before the announced change date with effect from that date; where cancellation has already been given, the price agreed until the end of the contract remains decisive.

7. Operation, maintenance and changes

Continuous availability is not owed. Maintenance, security measures, failures of subcontractors and force majeure may cause restrictions. The Provider may change functions provided the contractual purpose is not materially impaired. Significant security risks may be corrected or disabled immediately.

8. Data protection and commissioned processing

The Provider acts as controller for merchant-account and billing data. Where end-customer data is processed on the merchant’s behalf, the Provider acts as processor. The DPA expressly accepted and linked during registration in the version specified there applies to that processing. The merchant is responsible for information duties, legal bases and instructions, and may embed the widget in production only after storing its privacy policy, provider terms and approved domains.

9. Warranty and liability

Automatic geometry, weight, time and price calculations do not replace technical review. No particular printability, dimensional accuracy, strength or commercial usability is promised.

The Provider has unlimited liability for intent, gross negligence and personal injury. For a slightly negligent breach of essential contractual duties, liability is limited to the typically foreseeable loss. Otherwise, liability for slight negligence is excluded to the extent permitted by law. Mandatory statutory liability remains unaffected.

10. End of contract, export and deletion

The customer can record a permanent account-closure request in the authenticated portal and, before deletion, retrieve a structured paginated JSON export including time-limited download links for CAD files that still exist. For paid accounts, cancellation at the end of the applicable billing period, outstanding usage fees and final billing are addressed first. Private files, operational application data and finally the login are then deleted in a controlled, resumable sequence. Statutory retention duties and necessary abuse records remain unaffected. Data remains in backups only where backups are enabled and documented for the actual plan and data type used, and only until the confirmed expiry of the relevant rotation plan. Billing records may in particular be stored for the statutory retention period.

11. Governing law and jurisdiction

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules. For disputes between entrepreneurs, the court with subject-matter jurisdiction at the Provider’s registered place of business is agreed.

12. Contact

Questions and legally relevant notices may be sent to support@polyquote.org.