GENERAL TERMS AND CONDITIONS FOR PROFESSIONAL EVpie PARTNERS (B2B)

1.1. The provider of services for professional partners and the operator of the ev-pie.biz website is Jomatec Engineering s.r.o., with its registered office at Lidická 700/19, Veveří, 602 00 Brno, Czech Republic, ID: 06380808, registered in the Commercial Register kept by the Regional Court in Brno (hereinafter the "Provider").

1.2. These general terms and conditions (hereinafter "GTC B2B") govern the relationship between the Provider and a legal or natural person acting within the scope of their business activities (used car dealers, service centers, appraisal experts, etc.; hereinafter the "Partner").

1.3. These terms do not apply to consumers. The contractual relationship is strictly a commercial relationship governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "CC").

1.4. Contact for B2B matters: info@ev-pie.biz.

2.1. The Provider allows the Partner to perform vehicle software diagnostics via the Dynamic Test using the EVpie smartphone app and to generate Battery test reports (hereinafter the "Report") for the Partner's commercial purposes.

2.2. The Reports are intended exclusively for the Partner's internal use and for presenting the vehicle’s condition to the Partner's end customers. The Partner is not authorized to resell the Reports, raw structural data read by the app, or the Provider's algorithms themselves as a standalone software product, sub-license them, or use them to develop their own competing solution. Violation of this clause gives the Provider the right to immediately cancel the Partner's account without compensation and claim full damages caused.

3.1. For the purpose of performing tests, the Partner is loaned the EVP-1 OBD2 dongle (hereinafter the "Device"). For the logistics, distribution, and provision of this loan, the Partner pays a one-time fee according to the Provider's current price list published on the ev-pie.biz web interface at the time of order creation. Prices are listed exclusive of VAT. The Partner may request to borrow any number of Devices for their branches or technicians. The Device remains the property of the Provider at all times.

3.2. The Device loan agreement is concluded for a fixed term, lasting for the duration of the Partner's B2B user account. Given that the Service is designed for repeated measurements, the Partner is entitled to keep the Device for the entire duration of their account.

3.3. The Service (Report generation) operates on the basis of prepaid credits (tests). The Partner purchases credits on the ev-pie.biz website exclusively in multiples of five (5, 10, 15, etc.).

3.4. Payment for the Device and credits is made cashless in advance, either online via the Stripe payment gateway or by bank transfer to the Provider's bank account based on an issued proforma invoice. Following proper payment, a final tax document (invoice) will be issued and sent to the Partner.

3.5. If payment by bank transfer (invoice) is chosen, the Partner expressly acknowledges that purchased credits will be added to their B2B user account, and the borrowed Device (as per clause 3.1) will be dispatched, only upon the full financial amount being credited to the Provider's bank account. The Provider is not responsible for any delays caused by interbank transfer speeds.

3.6. Purchased credits (tests) have unlimited validity but are tied to the activity of the Partner's user account. The Provider reserves the right to cancel and delete a Partner's user account that has been inactive for more than 12 consecutive months (i.e., the Partner has not logged into the account). Upon deletion of an inactive account, all unused credits (tests) are forfeited without compensation. Credits are non-refundable and cannot be redeemed for cash. The Provider will send a warning email to the Partner at least 30 days prior to the scheduled account deletion. A warning that could not be delivered due to reasons on the Partner's side (e.g., full mailbox, spam filter) is also considered delivered.

3.7. In the event of the cancellation of the Partner's user account (whether due to inactivity under clause 3.6 or upon the Partner's explicit request), the loan agreement is terminated. In this event of termination, the Provider expressly waives the right to have the Device returned in advance, due to the economic and logistical inefficiency of retrieving it. In such a case, the Partner is obliged to dispose of the Device in accordance with valid legal regulations regarding ecological handling of electronic waste.

3.8. The Device is sent to the Partner via the chosen carrier at the Provider's expense (postage paid by the Provider). The Partner is obliged to use the Device in accordance with technical instructions and is liable for damages caused to the Device by mechanical damage or improper handling.

4.1. The Partner performs tests autonomously through their employees or authorized personnel using the EVpie app and their own EVP-1 Device.

4.2. The Partner acknowledges that the test result critically depends on the correct selection of the vehicle type, model, year, and motorization in the app before starting the test.

4.3. If the Partner selects an incorrect vehicle type and a compatibility error occurs (reading non-existent addresses or incorrect capacity calculation), the Partner bears full responsibility for this failed test. In such a case, the Provider does not refund money or credits. If the error is fixable on the Provider's side by a simple manual adjustment of the vehicle type in the database, the Provider may do so upon the Partner's request, but is under no obligation to do so.

4.4. To properly conduct the test, the Partner is obliged to provide their own compatible hardware and software equipment, in particular a smartphone or tablet with a supported version of the Android or iOS operating system, a functional Bluetooth BLE module, and a stable internet connection for data transfer. Information about the app's minimum system requirements is available in the respective app stores (Google Play / App Store). All internet connection and data transfer costs incurred in connection with using the Service are borne exclusively by the Partner according to their telecommunication operator's tariff.

4.5. The Provider is not responsible for the inability to perform a test or the incorrect generation of a Report if caused by the incompatibility of the Partner's device, failure of their internet connection, or incorrect Bluetooth communication settings on the Partner's side.

4.6. The Partner acknowledges that the Service is not compatible with all types, models, and software versions of vehicles on the market. The Provider constantly works to expand and improve its diagnostic databases but does not guarantee 100% support for all vehicles. The Partner explicitly declares that before purchasing the Device or credits on the ev-pie.biz web interface, they verified the compatibility of the vehicles they plan to test. The compatibility of a specific car is also evaluated and announced by the mobile app, which will not allow a test to start on a vehicle evaluated as incompatible. If the Partner purchases credits for vehicles that are incompatible, despite having the opportunity to verify this in advance, they bear full responsibility for this decision and have no right to a refund for such unused credits.

5.1. Disclaimer of Warranties: The Service and Report are provided "as is". The Provider gives the Partner no warranties (express or implied) regarding the accuracy, flawlessness, or merchantability of the Report results.

5.2. Liability for Vehicle Data: The data interpreted in the Report originates from the vehicle's battery management system (BMS). The Provider is not liable for anomalies, errors, inaccuracies, or intentional distortion of this data caused by the vehicle's hardware/software or a third party.

5.3. BMS Manipulation: The Provider explicitly warns the Partner that values in the vehicle's control unit may have been manipulated prior to the test by the previous owner or another person (e.g., via software modification, unauthorized BMS reset, etc.). The EVpie Service cannot detect such distortions, and the Provider bears no responsibility for them.

5.4. Limitation to Software Detection: The Report does not reflect the mechanical state of the battery, the presence of physical damage, corrosion, insulation degradation, or hidden, sporadic, or future defects. The Service does not analyze the vehicle's fault memory.

5.5. Exclusion of Consequential Damages: Under no circumstances shall the Provider be liable to the Partner or any third party (e.g., the Partner's customers) for any indirect, incidental, punitive, or consequential damages, including lost profits, loss of business opportunities, reputational damage, or financial losses resulting from the purchase or sale of a vehicle vetted by the Service. The use of the Report in the Partner's business dealings is strictly at their sole risk and responsibility.

5.6. Contractual Limitation of Damages: If, despite the aforementioned provisions, the Partner suffers demonstrable damages caused by simple negligence or failure of the Provider's algorithm, the contracting parties agree, in accordance with Section 2898 of the CC, that the total maximum amount of damages and all claims by the Partner is limited to the amount corresponding to the price of 1 (one) failed test (form of remedy: refund of 1 credit to the Partner's account). This limitation of liability does not apply to damages caused intentionally.

6.1. The Provider is entitled to unilaterally change these GTC B2B at any time to a reasonable extent. The Provider will notify the Partner of the change via email or a notice in the B2B interface of the ev-pie.biz website at least 14 days before the changes take effect. If the Partner does not agree with the changes, they have the right to terminate the contract. If they continue to purchase credits and perform tests after the changes take effect, it is deemed that they have unconditionally accepted the new wording of the GTC B2B.

6.2. The Provider reserves the right to immediately block the Partner's B2B account if the Partner abuses the system, attempts to reverse-engineer the EVP-1 Device or the app, or damages the reputation of the EVpie brand. The Provider will send the Partner an email notification regarding the account block without undue delay.

7.1. All legal relationships arising out of or in connection with these GTC B2B are governed by the laws of the Czech Republic, particularly the Civil Code (Act No. 89/2012 Coll.).

7.2. For all disputes arising from this contractual relationship, the exclusive local jurisdiction of the materially competent court in Brno, Czech Republic, is agreed upon.

7.3. These GTC B2B and the Agreement are drawn up in the Czech language. In the event that the Provider provides the Partner with a translation of these GTC B2B or texts on the web interface into another language, this translation is for informational purposes only. In case of any discrepancies, ambiguities, linguistic deviations, or translation errors, the original text in the Czech language is always decisive, authoritative, and superior.

8.1. The Partner may be granted a 50% discount on the standard price of credits (tests) if the Partner signs up for the Affiliate Program directly when ordering the Service on the web interface and commits to fulfilling marketing obligations according to their business specialization.

8.7. Individual conditions for other entities: If the Partner's business model or focus does not fall into any of the categories listed in clauses 8.2 to 8.6, but the Partner is interested in joining the Affiliate Program and offers another adequate form of Service promotion, they may contact the Provider via email at info@ev-pie.biz to individually negotiate marketing conditions. Providing the discount in such a case is subject to the exclusive approval of the Provider and requires mutual agreement between the contracting parties.

8.8. Checks and penalties for violation: The Provider is entitled to perform random checks (online and physically) regarding the fulfillment of these obligations. If the Partner demonstrably fails to fulfill the obligations (e.g., removes photos and report badges from listings, fails to provide agreed click-throughs, etc.), the Provider has the right to immediately terminate the Affiliate Program for the given Partner, retroactively charge them the remaining 50% of the price for tests abused in this manner, and block their B2B account until this amount is paid.