General Terms and Conditions

1. Scope

The contracting party is Digital Market Services GmbH, Robert-Mayer-Straße 62, 70191 Stuttgart, Germany, represented by its Managing Director Andreas Heß ("DMS", "we" or "Provider").

These GTC apply to the use of our websites, applications, platforms, data services, analytics products, reports, SaaS/API offerings and other digital services, in particular in connection with cardexx, Drive Charts, cardexx analytics, my9xx.app, cardexx.app and other DMS business areas.

Product-specific terms, service descriptions, individual offers, data processing agreements, app-store licence terms or separate written agreements prevail where they contain deviating provisions. Conflicting user terms apply only if we expressly accept them.

2. Services and roles

DMS develops and operates data-driven digital services. These may include data research, data mining, market and price analytics, dashboards, reports, API access, automation, contact facilitation and product or business-area information.

Unless expressly agreed otherwise, DMS is not a seller, buyer, broker, financing provider, insurer, tax adviser, legal adviser, investment adviser, medical provider or care provider. Data, estimates, analyses and AI-assisted outputs provided by DMS support decision-making and do not replace independent review or professional advice.

Vehicle-related values, market ranges, availability and other market information are based on sources, models and analyses that may change continuously. No guarantee is given for purchase prices, sale success, value development, completeness or third-party offers unless expressly agreed in writing.

3. Contract formation and access

A contract is formed through the applicable order, registration, offer or checkout process. Information provided during registration or ordering must be complete and accurate. DMS may reject orders or registrations where legitimate reasons exist.

Access credentials must be kept confidential and protected from third-party access. Users must notify DMS without undue delay if misuse or a security breach is suspected.

Access rights are personal or organisation-specific and may be used only within the agreed scope. Transfer, sublicensing, multiple use outside the booked package or circumvention of technical protection measures is not permitted without DMS consent.

4. Permitted use and user content

Users may use the services only lawfully, contractually and in compliance with data protection, competition, copyright, trademark and other third-party rights. Automated extraction, scraping, reverse engineering, circumvention of security controls or use intended to disrupt our systems is prohibited unless mandatory law provides otherwise.

Where users submit content, data or files, they remain responsible for their legality, accuracy and authority to provide them. Users grant DMS the rights required to provide, secure and further develop the contractual service.

DMS may block content or access if there are concrete indications of legal violations, security risks, breach of contract or misuse, while taking the user's legitimate interests into account.

5. Service scope, availability and changes

The specific service scope follows from the relevant product description, offer, booked package or individual agreement. Website, demo or marketing statements are binding only if they expressly become part of the contract.

DMS endeavours to provide appropriate technical availability. Maintenance, updates, security measures, internet disruptions, failures of third-party providers, force majeure or other circumstances outside our control may temporarily restrict use.

We may further develop, update or adapt services to legal, technical or economic requirements provided this does not unreasonably impair the agreed main purpose of the service. We will communicate material changes to ongoing paid services in an appropriate manner.

6. Prices, payment and term

Prices, billing periods, payment methods, usage limits and terms are set out in the relevant offer, checkout, pricing model or contract. Prices shown to consumers include statutory VAT unless lawfully stated otherwise in the order process. Prices shown to businesses may be net prices.

Invoice amounts are due at the agreed time. In the event of default, DMS may exercise statutory rights and, after appropriate notice, suspend access to paid services where proportionate.

Subscriptions renew only under the conditions stated in the relevant offer or checkout. Terminations may be made in text form or through designated account functions unless product-specific terms provide another permissible form.

7. Consumer right of withdrawal

Consumers generally have a statutory right of withdrawal for distance contracts unless a statutory exclusion or expiry applies. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

Withdrawal instructions

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of 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, email: widerruf@digitalmarketservices.de, by means of a clear statement of your decision to withdraw from this contract. You may use the model withdrawal form; this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period expires.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us, without undue delay and no later than fourteen days from the day on which we receive your withdrawal notice.

We will use the same means of payment for the reimbursement that you used for the initial transaction unless expressly agreed otherwise; you will not be charged any fees for the reimbursement.

If you requested that services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already provided before you notified us of your withdrawal compared with the full contractual scope.

For fully performed services or for digital content or digital services, the right of withdrawal may expire under the statutory conditions, in particular if you expressly consented to performance starting and confirmed your knowledge of the possible loss of the right of withdrawal.

Model withdrawal form

If you wish to withdraw from the contract, please send us a clear statement, for example with the following information: To Digital Market Services GmbH, Robert-Mayer-Straße 62, 70191 Stuttgart, Germany, email: widerruf@digitalmarketservices.de. I hereby withdraw from the contract concluded by me for the provision of the following service: [service], ordered on: [date], name and address of consumer: [details], date.

8. Consumer dispute resolution

DMS is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. The former European Commission online dispute resolution platform was discontinued on 20 July 2025.

9. Data protection

Information on the processing of personal data is provided in the applicable privacy notice of the relevant DMS offering. Where a data processing agreement is required for individual products, it will be concluded separately.

10. Warranty and liability

Statutory warranty rights apply unless effectively agreed otherwise. DMS has unlimited liability for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and within the scope of any expressly assumed guarantee.

In the event of slightly negligent breach of material contractual obligations, DMS's liability is limited to the typical foreseeable damage. Material contractual obligations are obligations whose fulfilment enables proper performance of the contract and on whose compliance the user may regularly rely. Otherwise liability is excluded to the extent permitted by law.

11. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection rules of the consumer's country of habitual residence remain unaffected.

If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of DMS. The same applies if the user has no general place of jurisdiction in Germany.

If individual provisions are or become invalid, the remaining provisions remain valid. The German version is authoritative for interpretation; this English version is provided for convenience.