GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF EVpie SERVICES (B2C)

1. Introductory Provisions and Contracting Parties

1.1. The operator of the services and seller on the web interface ev-pie.com is Jomatec Engineering s.r.o., with its registered office at Kratochvílova 779/3, 750 02 Přerov, Czech Republic, Company ID (IČO): 06380808, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 101763 (hereinafter referred to as the “Provider”).

1.2. In accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code of the Czech Republic, as amended (hereinafter referred to as the “Civil Code”), these General Terms and Conditions (hereinafter referred to as the “GTC”) govern the mutual rights and obligations arising in connection with or on the basis of a service contract concluded between the Provider and a natural person—consumer (hereinafter referred to as the “Customer”) via the web interface ev-pie.com or the EVpie mobile application (hereinafter referred to as the “Contract”).

1.3. A consumer is every natural person who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes a contract with the Provider or otherwise deals with the Provider.

1.4. The Provider’s contact email for customers is: info@ev-pie.com. The Privacy Policy is available in a separate document on the web interface ev-pie.com.

2. Description of the Service and Delivery of the Result (Report)

2.1. The Provider provides a software diagnostic service for traction batteries of electric and hybrid vehicles under the name Dynamic Test via the EVpie smartphone application (hereinafter referred to as the “Service”). The output of the Service is a digital document entitled Battery test report (hereinafter referred to as the “Report”).

2.2. The Service is provided via the EVpie mobile application, which is available for Android (on Google Play) and iOS (on the Apple App Store) operating systems. To properly use the Service, the Customer strictly requires their own compatible smartphone running a supported version of one of these operating systems, with Bluetooth BLE enabled and an active internet connection. All costs for internet connectivity and data transmission (in particular mobile data) incurred in connection with downloading the application, performing the test, and delivering the Report shall be borne exclusively by the Customer according to their mobile operator’s tariff; the Provider neither provides nor is liable for these services. The mobile application pairs with the EVP-1 hardware dongle plugged into the OBD2 port of the tested vehicle.

2.3. Testing Process: When performing the test, the Customer is obliged to strictly follow the instructions provided in the EVpie mobile application. The testing process consists of the following consecutive steps:

• plugging the EVP-1 Device into the vehicle’s OBD2 port with the ignition switched on (the “READY” indicator is illuminated on the dashboard),

• launching the mobile application, turning on Bluetooth, and pairing with the Device,

• manually and accurately selecting the specification of the tested vehicle (make, model, model year, battery capacity) in the application interface; if the Customer used VIN recognition, they are obliged to verify and complete the decoded vehicle parameters,

• voluntarily completing a test drive of the duration and under the conditions (e.g., driving style, temperature) specified by the application. The Customer bears full responsibility for the safe conduct of the entire test drive. During the drive, the Customer is obliged to pay full attention to driving the vehicle, strictly comply with traffic rules, neither endanger nor restrict other road users, and under no circumstances watch or manually operate the mobile phone while driving,

• completing the test and sending the read data via the internet connection to the Provider’s system.

2.4. Upon proper completion of the process under Clause 2.3, the Report is generated into the user account and sent to the Customer’s email address, usually immediately, but no later than within 24 hours of completion of the test.

2.5. Only a document in the exact state in which it was generated by the Provider shall be deemed a valid and authentic Report. In the event of any doubt regarding the authenticity of a Report or discrepancies in values, the data stored in the Provider’s database and demonstrably verifiable via the original QR code or by entering the Report number into the verification service on the Provider’s web interface shall always prevail and be decisive.

2.6. The Customer is strictly prohibited from any modification, alteration, falsification, or dissemination of false data with reference to the Report, the Service, or the EVpie brand. In the event of detection or reasonable suspicion of manipulation of a Report, the Provider reserves the right to:

• immediately and publicly invalidate such modified or unauthorized Report,

• immediately block and cancel the Customer’s user account for a material breach of the Contract,

• withhold the remaining credits in the Customer’s account and set off their value against payment of actual damage incurred and reasonably incurred costs arising to the Provider in connection with the unauthorized manipulation and its investigation; this is without prejudice to the Provider’s right to claim damages exceeding the value of the withheld credits.

3. Hardware Loan and Refundable Deposit (90 Days)

3.1. For proper and repeated use of the Service, the Provider loans the Customer the EVP-1 OBD2 dongle, and optionally a set of adapters for Tesla vehicles (hereinafter referred to as the “Device”). For the loan of the Device, the Customer pays upon the first order a refundable deposit (security) in an amount corresponding to the retail price of the Device including VAT, where the amount of the deposit as well as any shipping costs are always governed by the current price list available on the website ev-pie.com. Payment of the deposit is made together with the payment for the Service (credits).

3.2. Return Period and Transfer of Ownership: The loan agreement for the Device is concluded for a fixed term of 90 calendar days from the delivery of the Device to the Customer.

• Return within 90 days: If the Customer sends the Device back to the Provider’s address within this 90-day period in an undamaged, clean, and fully functional condition (including all supplied accessories and adapters), preferably in the original packaging, the Provider shall, after physically receiving and inspecting the Device, refund the paid deposit in full (using the same payment method by which it was paid), no later than 14 days from the delivery of the Device to the Provider. If a damaged, excessively worn, or incomplete Device is returned, the Provider is entitled to unilaterally set off the costs of restoring the Device to its original condition (compensation for damage) against the refunded deposit. The costs of shipping the Device back to the Provider are borne by the Customer.

• Non-return within 90 days (Sale of the Device): If the Customer does not return the Device to the Provider’s address within 90 days, the loan expires upon the lapse of the 90th day. The paid deposit is set off in full as the purchase price of the Device, which thereby passes into the sole ownership of the Customer. As of the 91st day, the Provider shall issue a final tax document (invoice) to the Customer for the sale of the Device.

3.3. If the Customer already legally holds the Device from previous orders (or has retained it pursuant to Clause 3.2), they are entitled to purchase standalone tests (credits) without having to pay a new deposit for the Device.

3.4. Warranty Period and Claims Regarding the Device: The Provider is liable to the Customer that the Device is free from defects upon takeover. Where rights from defective performance are exercised, the rights and obligations are governed by the relevant provisions of the Civil Code, whereby the Customer is entitled to notify a defect that manifests on the Device within the statutory period of 24 months from takeover of the Device (when ownership of the Device passes to the Customer under Clause 3.2, the final invoice issued by the Provider serves as the tax proof of purchase of the Device). In the event of a technical defect in the Device, the Customer is obliged to contact the Provider. The Provider shall assess the defect and, in the event of a justified claim, repair or replace the Device free of charge no later than 30 days from delivery of the claimed Device to the Provider. In the case of a justified claim, the Customer is entitled to reimbursement of reasonably incurred shipping costs. Liability for defects does not cover mechanical damage or defects caused by improper use contrary to the instructions.

4. Service Price and Payment Terms

4.1. On the web interface ev-pie.com, the Customer purchases individual tests or packages containing a pre-selected number of tests according to the current offer. A higher number of tests in a package may result in a more favorable unit price per test. The prices of the Service, individual test packages, and shipping costs for the Device are always governed by the current price list available on the website ev-pie.com, and the Customer is demonstrably informed of this final price including VAT prior to submitting and confirming the order.

4.2. Payment for the Service is made in advance via cashless transfer through the Stripe payment gateway.

4.3. Purchased tests (credits) are valid for 12 months from the date of purchase. If the Customer does not use a credit within this period, the credit expires without any right to a refund or compensation.

4.4. The Provider reserves the right to cancel and delete the Customer’s user account if the account has been inactive for more than 12 months and at the same time the credit balance in the account is zero. Prior to deleting the account, the Provider shall warn the Customer by email 30 days in advance.

5. Service Specification and Statutory Limitation of Liability for Results

5.1. The Customer expressly acknowledges and agrees that the Service represents exclusively a software interpretation of data currently provided by the vehicle’s control unit (BMS – Battery Management System). The Service and the Report are purely informative and indicative in nature and reflect the state of the vehicle at the exact moment the test is performed.

5.2. The Customer acknowledges that the Provider cannot verify the truthfulness of the data provided by the vehicle. The Provider is not liable for the correctness, completeness, truthfulness, or accuracy of the data read from the vehicle. Such data are generated by the vehicle manufacturer’s internal system, and the Provider has no influence over their quality, functionality, or any internal errors in the vehicle’s registers.

5.3. The Report declares only the currently read values (e.g., SOH – State of Health). By the nature of the matter, the Provider cannot provide any warranty regarding the future development of the battery’s condition, its sudden failure, degradation rate, or future performance parameters.

5.4. The Customer acknowledges that, as a software test, the Service cannot detect physical, mechanical, or structural damage to the battery (e.g., corrosion of assemblies, fluid ingress, mechanical deformation of cell packs after accidents) nor hidden, sporadic, or latent defects that did not manifest in the control unit’s data communication at the time of the test. Furthermore, the Service does not examine or analyze the vehicle’s fault memory (DTC diagnostic trouble codes).

5.5. The Provider is not liable for distortion of results in the Report where data in the vehicle were manipulated or software-modified in any way prior to the test, or where an unauthorized reset of the battery management system (so-called BMS reset) was performed in order to artificially increase the SOH value.

5.6. The Customer bears full and exclusive responsibility for the correct and truthful selection of the vehicle specification under Clause 2.3(3). The Customer acknowledges that if they select an incorrect model, model year, or battery capacity variant, the diagnostic algorithm may read data from incorrect vehicle data addresses. In such a case, the resulting Report is inaccurate, distorted, or completely unusable. An incorrect entry by the Customer does not give rise to any right to a warranty claim, refund, or replacement credit.

5.7. Any use of the Report when buying or selling a vehicle, valuing a vehicle, or in other legal transactions is carried out at the sole and direct responsibility of the respective contracting parties (buyer and seller). The Provider is not a party to such relationships and is not liable for any financial losses, direct or indirect damages, or disappointment with the quality of the vehicle arising on the basis of the information stated in the Report.

5.8. The rights and obligations of the contracting parties regarding rights from defective performance are governed by applicable generally binding legal regulations (in particular the Civil Code). In the event of a demonstrable technical error in the Provider’s software or diagnostic algorithm (e.g., erroneous evaluation of correctly read data), the Customer has the right to have the defect remedied free of charge, primarily by crediting a replacement credit for a new test, or has the right to a reasonable discount or to withdraw from the contract (refund for the test in question) if the defect cannot be remedied.

5.9. The Customer acknowledges that the Report represents a one-time provision of digital content at a specific point in time. The Provider is under no obligation to retroactively update, supplement, or modify the Report on the basis of subsequent software updates to the application or diagnostic algorithms.

5.10. The Provider is not liable for the impossibility of starting or completing a test where the Customer has an incompatible, damaged, or outdated smartphone, or an operating system version that is no longer supported by the EVpie mobile application (information on the minimum supported OS version is always stated in the application description in the respective app store). The Provider is likewise not liable for non-functionality of the Service caused by an internet connection outage or a malfunctioning Bluetooth module on the Customer’s side.

5.11. The Provider is not liable for test failure, erroneous data evaluation, or non-delivery of the Report if the Customer failed to follow the procedure under Clause 2.3 (e.g., if they unplugged the Device from the OBD2 port during the test drive, prematurely closed the application, turned off Bluetooth prior to sending the data, or performed the test in a vehicle with a discharged 12V battery causing a communication dropout of the control unit). In these cases as well, the credit is deemed consumed without any right to compensation.

5.12. The Customer acknowledges that the Service is not compatible with all vehicle types, models, and software versions on the market. The Provider continuously works on improving its diagnostic databases, but does not guarantee 100% support for all vehicles on the market. The Customer declares that prior to purchasing the Service (credits) on the web interface ev-pie.com or in the application, they verified the compatibility of the vehicles they plan to test. The compatibility of a specific vehicle is also evaluated and reported by the mobile application, which will not allow a test to be started with a vehicle evaluated as incompatible. If the Customer purchases credits for a vehicle that is incompatible, despite having had the opportunity to verify this fact in advance, they bear responsibility for this decision; this is without prejudice to the right to withdraw from the Contract with respect to completely unused credits within the statutory 14-day period. After the expiry of this 14-day period, however, the Customer shall not be entitled to a refund for unused credits due to the incompatibility of their vehicle.

5.13. The entire test drive within the Service takes place at the Customer’s sole responsibility and risk. Under no circumstances is the Provider liable for any injury to health, loss of life, or damage to property (including damage to the tested vehicle or third-party property), nor for any fines or penalties imposed by the Police or other administrative authorities arising as a result of or in connection with the test drive. The fact that the application requires a certain driving style to evaluate data never entitles the Customer to violate legal regulations or to drive recklessly.

5.14. The Provider makes every effort to ensure the smooth operation of the Service and the cloud interface. However, the Customer acknowledges that the Provider does not guarantee 100% uninterrupted availability of the Service. The Provider reserves the right to short-term outages of the Service due to scheduled maintenance, database updates, or technical repairs. Temporary unavailability of the Service does not entitle the Customer to financial compensation.

6. Withdrawal from the Contract (Statutory Consumer Information)

6.1. Pursuant to Section 1837(a) and (l) of the Civil Code, a consumer cannot withdraw from a contract for the provision of services if they have been performed in full, nor from a contract for the supply of digital content that is not supplied on a tangible medium after performance has begun, provided that performance began with the consumer’s prior express consent before the expiry of the withdrawal period, the consumer acknowledged that their right to withdraw from the contract would thereby be extinguished, and the Provider provided the consumer with confirmation in accordance with the law.

6.2. By checking the relevant checkbox prior to starting a test in the EVpie application, the Customer gives their express consent to having the digital content (Report) supplied before the expiry of the 14-day withdrawal period, and acknowledges that upon generation and delivery of the Report (full performance of the Service), their right to withdraw from the contract without giving a reason with respect to that test is extinguished.

6.3. If the Customer purchased a package of tests and has not yet started a single test, they have the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract (or from the date of takeover of the Device, if its loan is part of the order), by sending an email to info@ev-pie.com. If the Customer withdraws from the Contract within this 14-day period after having already used part of the tests from the purchased package at their express request, the right of withdrawal ceases to exist to the extent of the tests already performed, and the Customer will be refunded the amount remaining after deducting the price of the tests already performed, calculated according to the full unit price of a standalone test under the current price list available on the website ev-pie.com. If the Customer withdraws from the Contract in full, they are obliged at their own expense and without undue delay, no later than 14 days from withdrawal, to return the loaned EVP-1 Device to the Provider in an undamaged condition. Funds will be refunded to the Customer within 14 days from the moment the Provider receives the Device back, or when the Customer proves to the Provider that they have dispatched the Device, whichever occurs first.

7. Complaints Procedure and Out-of-Court Dispute Resolution

7.1. The Customer may submit any complaints regarding non-functionality of the application or non-delivery of a Report via email to info@ev-pie.com. The Provider shall decide on the complaint immediately, or in complex cases within 3 business days. The complaint shall be settled no later than 30 days from the date it is lodged.

7.2. In the event that a dispute arises from the Contract between the Provider and the Customer—consumer that cannot be resolved by mutual agreement, the Customer has the right to out-of-court resolution of the consumer dispute.

7.3. The entity having subject-matter jurisdiction for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority — Česká obchodní inspekce (Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1, Czech Republic, email: adr@coi.cz, website: www.coi.cz). A Customer residing in another EU Member State may also contact the European Consumer Centre Czech Republic (website: www.evropskyspotrebitel.cz) or the competent out-of-court consumer dispute resolution body in their home Member State.

8. Final Provisions

8.1. All legal relationships between the Provider and the Customer are governed by the laws of the Czech Republic, in particular the Civil Code and the Consumer Protection Act. However, this choice of law does not deprive the Customer—consumer of the protection afforded to them by provisions of the law of the country of their habitual residence that cannot be derogated from by agreement.

8.2. Should any provision of these GTC become invalid or ineffective, this shall not affect the validity of the remaining provisions of these GTC.

8.3. The Provider is entitled to amend these GTC. The Customer will be informed of the amendment via email at least 14 days prior to the effective date of the amendment. If the Customer disagrees with the amendment, they are entitled to cancel their user account. Orders already placed are always governed by the version of the GTC in force at the time of their conclusion.

8.4. The Contract and these GTC are executed in the Czech language. If the Provider makes a translation of these GTC into another language available to the Customer, this is done for the Customer’s convenience. In the event of any discrepancies between the Czech version and its translation, or in the event of ambiguities or errors in the interpretation of the foreign-language text, the Czech version shall always prevail and be decisive and governing. The language of communication between the Provider and the Customer is Czech or English.