General Terms & Condition

These General Terms and Conditions (hereinafter referred to as "GTC") apply to the business relationship between Digital Market Services GmbH, Robert-Mayer Straße 62, 70191 Stuttgart, Germany (hereinafter referred to as "Provider" or "we") and the user ("User" or "you") with regard to the use of the services offered on the sub-accessible website www.my9xx.app or via the mobile application www.my9xx.app (hereinafter collectively referred to as "platform").

The user is the contractual partner of the provider named to the provider during registration. This may be a legal entity, other institution or body or a natural person. The natural person may also be a consumer.

User is the person named as such during registration. This can be the user himself or a third party, e.g. an employee in the user's company.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§13 BGB).

Deviating or conflicting general terms and conditions of the user shall not become part of the contract unless the provider expressly agrees to their validity.

Via the platform, the Provider provides - depending on the booked service package - historical and current vehicle data (hereinafter "Offers") and offers the possibility to establish direct contact with car dealers or other potential sellers or buyers (hereinafter "Interested Parties").

The Provider shall only act as an intermediary between the User and the Interested Parties with regard to the exclusive mediation of any Interested Parties. The conclusion of a possible sales contract between the user and mediated interested parties close this if necessary in own responsibility. The provider itself is not involved in the conclusion of any sales contracts and is therefore not legally responsible for their fulfillment in any way.

The User makes the offer to use the platform exclusively in the online ordering process (registration). The User is obliged to provide complete and correct information requested by the Provider during the registration process. Incomplete or incorrect information entitles the Provider to refuse or withdraw the authorization to use the platform.

After complete registration, the User shall immediately receive a confirmation from the Provider to the e-mail address provided by the User, if applicable after verification of the information provided by the User.

The Provider shall provide the User with password-protected access to the platform. The access data consists of the user name selected by the User during registration and an individual user password. It is recommended that the User immediately changes the initial user password provided to him with the confirmation. If there are several registered users, the user will receive individual access data for each user.

The right of access is limited to the users named to the provider by the user. A user can only be logged in to the platform once at a time with his access data. The scope of permissible use is governed by Section 8 ("Rights of Use") of this Agreement.

The User shall ensure vis-à-vis the Provider that the access data are kept secret. He further ensures that all users registered by him also comply with this obligation and undertakes to inform the Provider immediately if there is any suspicion of misuse of the access data.

The use of the platform by the User and the required control of compliance with the usage limits requires that the cookies sent by the Provider's system to the User's terminal equipment are accepted without modification and are not deleted during an ongoing session. The user will behave accordingly and oblige the users accordingly.

The user, who is a consumer, is entitled to the following right of withdrawal.

Cancellation Policy

Right of Revocation
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You have the right to revoke this contract within fourteen days without giving any reason.
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DThe revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us, Digital Market Services GmbH, Robert-Mayer Straße 62, 70191 Stuttgart, Germany (e-Mail: widerruf@digitalmarketservices.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the enclosed sample cancellation form for this purpose, which is, however, not mandatory.
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In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period (§ 355 para. 1 sentence 5 BGB).


Consequences of Revocation
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If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
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If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. This construction is usually used to try to exclude the right of withdrawal. Insofar as the user expressly agrees to the performance of a service before the expiry of the revocation period, revocation shall be excluded. In conjunction with the note below that the user agrees to immediate execution, you can rely on this clause in the event of revocation. Even though the admissibility of this design has not yet been clarified in court, platforms such as theirs often choose this design.

Exclusion of the Right of Revocation
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The right of revocation does not apply if, when concluding the legal transaction, you are acting in the predominant exercise of your commercial or independent professional activity and you are therefore to be regarded as an entrepreneur (Section 14 BGB).

Further important information:
You expressly agree that we may commence performance of the service before the end of the revocation period.

The user who is a consumer may use the following model withdrawal form for his withdrawal.
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Sample Revocation Form

(If you wish to revoke the contract, please fill out and return this form).
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As an online provider, we are obliged to refer consumers to the European Commission's online dispute resolution platform. More information is available at the following link: https://ec.europa.eu/consumers/odr. However, we do not participate in dispute resolution proceedings before a consumer arbitration board.

The user himself is responsible for creating and maintaining the technical requirements necessary for the collection of vehicle data or the use of the platform.

The Provider strives to keep the platform always up to date with the latest technology in order to provide the User with the best possible user experience. For this reason, the platform is subject to constant technical development. It is the responsibility of the User to adapt his end devices as well as the software to this technical development. If such further development of the platform leads to a not only insignificant impairment for the User, the User shall be entitled to terminate the contract without notice within six weeks after the further development has gone live (special right of termination).

When using the platform access, the User shall be obliged to always use up-to-date software to defend against computer viruses and other malware.

The scope of the services and their limitation result from the product description, which can be accessed here. This is a description of the quality of the product, with which a guarantee or assurance of characteristics is not associated; the same applies to descriptions in advertising material of the Provider and in similar documents.

The Provider shall strive for an availability of the platform of not less than 98% per month. This availability does not include periods of non-availability due to maintenance work that is reasonable in terms of duration, planned and announced in advance. Also not covered are periods of non-availability due to mandatory unscheduled maintenance work, unless these are based on an intentional or grossly negligent breach of duty by the Provider or on a breach of cardinal obligations. Periods of unavailability due to disruptions of the Internet beyond the Provider's control or due to other circumstances beyond the Provider's control, in particular due to force majeure, shall also not be covered.

The Provider shall endeavor to keep the content of the platform up to date at all times. However, completeness and freedom from errors in terms of content cannot be guaranteed.

The remuneration to be paid by the User to the Provider for the use of the platform follows from the selected price model.

Unless expressly stated otherwise, all prices include the statutory value-added tax.

All invoice amounts are due for payment immediately without deduction. Payment can be made via the payment methods offered on the website by the payment providers Apple Pay, Google Pay and PayPal.

In the event of service extensions, the Provider is entitled to increase the remuneration in accordance with the extension, unless the service extension would only be insignificant. The User shall be informed of the price increase. In the event of an increase, the User shall be entitled to terminate the contract within six weeks after receipt of the information without notice (special right of termination); this shall not apply if the User continues to use or has used the platform after receipt of the information.

Upon conclusion of the contract, the User shall acquire, subject to payment of the remuneration owed and due, for itself and, to the extent of its registration, if applicable, also for other users, the simple (non-exclusive) right to use the platform in accordance with the contract, which right shall be limited to the term of the contract, limited in terms of content to use for its own purposes, non-transferable and non-sublicensable.

Any use that goes beyond Section 8.1 is not permitted and requires the prior written consent of the Provider. The Provider shall be entitled to take technical measures to ensure that the use does not exceed its rights set forth in Section 8.1. In the event of misuse of the platform by the User, the Provider shall be entitled to block access, without prejudice to further claims. Misuse shall be deemed to exist in particular in the event of the use of automated search programs in the platform by the User. Further rights of the Provider, such as the right to extraordinary termination and claims for damages, remain unaffected.

Rights of the user from §§ 53, 55a, 87c and 87e UrhG remain unaffected.

As far as available as functionality on the platform, the User may post content on the platform in his own area in compliance with the following regulations.

By posting content, the User grants the Provider a simple, royalty-free and non-transferable right to use the respective content, in particular to store the content on the Provider's server and to make it accessible within the platform.

The User is legally responsible for the content posted by him. The provider does not assume any responsibility for checking the content for completeness, correctness, legality, up-to-dateness, quality and suitability for a specific purpose.

The Provider reserves the right to refuse the posting of content and/or to edit, block or remove content already posted without prior notice if the posting of content by the Participant or the posted content itself has led to a legal violation or if there are concrete indications that a legal violation will occur. However, the provider will take into account the legitimate interests of the user and choose the mildest means to prevent the violation.

In the event that the platform has technical defects, the provider shall remedy these within a reasonable period of time. The provider is only responsible for the possibility of retrieving content of the platform from the Internet, but not for the data transmission to the user or the display on the user's terminal device.

The Provider shall be liable exclusively in accordance with the following Sections 10.3 to 10.5. Any further liability shall be excluded.

The Provider shall be liable without limitation for damages due to injury to life, body or health as well as for damages caused by intent or gross negligence on the part of the Provider or a legal representative or vicarious agent, as well as for damages covered by a guarantee or warranted characteristic granted by the Provider and for fraudulently concealed defects.

The Provider shall be liable for damages based on a negligent breach of material contractual obligations by the Provider or its legal representatives or vicarious agents; however, liability shall be limited to compensation for the foreseeable damage typical for such contracts.

Liability under the Product Liability Act shall remain unaffected.

The term of the contract shall commence upon acceptance of the contract by the Provider (see Section 2 above).

The minimum contract term depends on the selected price model.

In the case of the monthly license, the contract may be terminated at any time with 14 days' notice to the end of the month. The contract term shall be extended by a further month in each case if the contract is not terminated by one of the contracting parties in writing or electronically with 14 days' notice to the end of the contract term.

In the case of the annual license, the contract may be terminated after 12 months at the earliest. The contract term shall be extended by a further twelve months in each case if the contract is not terminated by one of the contracting parties in writing or electronically with six weeks' notice to the end of the contract term.

The right of each contractual party to extraordinary termination for good cause shall remain unaffected. An important reason for the Provider exists in particular if the User or one of the Users registered by the User culpably violates an essential contractual obligation, in particular the obligations from Section 8, or is in default with the payment of the remuneration in full or with not insignificant partial amounts for at least thirty days despite a reminder and the setting of a grace period.

The Provider shall also be deemed to have good cause if the manufacturer of the vehicle connected to the Service by the User changes in such a way that the vehicle data can no longer be collected, processed or displayed on the platform on the basis of the technical procedure currently used.

Should any provision of these GTC be or become invalid, the remaining provisions shall remain unaffected.

The place of performance is the registered office of the Provider. For disputes with merchants, legal entities under public law or a special fund under public law, the exclusive place of jurisdiction is also the registered office of the provider.

The substantive law of the Federal Republic of Germany shall apply to the exclusion of the rules of conflict of laws, even if the platform is accessed from outside the territory of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply, not even as part of German law.