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

1.1. The operator of the services and the seller 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") govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code"), the mutual rights and obligations arising in connection with or on the basis of a contract for the provision of services concluded between the Provider and a natural person - consumer (hereinafter the "Customer") via the EVpie web interface or mobile application (hereinafter the "Agreement").

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

1.4. The Provider's contact email for customers is: info@ev-pie.com.

2.1. The Provider provides a software diagnostic service for traction batteries of electric and hybrid vehicles under the name Dynamic Test via the smartphone application EVpie (hereinafter the "Service"). The output of the Service is a digital document, the Battery test report (hereinafter 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). For the proper use of the Service, the Customer strictly requires their own compatible smartphone with a supported version of one of these operating systems, enabled Bluetooth BLE technology, and an active internet connection. All costs for internet connection and data transfer (especially mobile data) incurred in connection with downloading the application, performing the test, and delivering the Report are borne exclusively by the Customer according to their mobile operator's tariff; the Provider neither secures these services nor is responsible for them. The mobile application pairs with the EVP-1 hardware dongle plugged into the OBD2 port of the tested vehicle.

2.4. Following the proper completion of the process according to clause 2.3, the Report is generated in the user account and sent to the Customer's email, usually without delay, but no later than 24 hours after the end of the test.

3.1. For the proper and repeated use of the Service, the Provider lends the EVP-1 OBD2 dongle (hereinafter the "Device") to the Customer free of charge. The costs of logistics, distribution, and the provision of this loan are fully included in the price of the first order of the Service on the Provider's web interface ev-pie.com (hereinafter the Web Interface).

3.2. The loan agreement for the Device is concluded for a fixed term, for the duration of the Customer's user account. Given that the Service is designed for the possibility of repeated measurements and the Customer can purchase separate credits for further tests at any time, they are entitled to keep the Device with them for the entire duration of their user account.

3.3. In the event of the cancellation of the Customer's user account (whether due to inactivity under clause 4.4, or upon the Customer's express request), the loan agreement is terminated. For this case of contract termination, the Provider expressly waives the right to have the Device returned in advance, due to the economic and logistical inefficiency of the return process on the part of the Provider. In such a case, the Customer is obliged to dispose of the Device in accordance with the applicable legal regulations on the ecological management of electronic waste.

3.4. If the Customer legally holds the Device under their user account from previous orders, they are entitled to purchase individual tests (credits) with a discount for existing Device holders, the amount of which is specified in the current price list on the Provider's Web Interface.

4.1. The Customer purchases packages on the Web Interface containing a pre-selected number of tests (1, 2, or 3 tests). A higher number of tests in a package results in a more favorable unit price per test. The current price of the Service and individual packages is always stated on the Web Interface, and the Customer is demonstrably informed of this final price before sending and confirming the order.

4.2. Payment for the Service is made cashless in advance via 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 the credit within this period, the credit expires without any right to compensation.

4.4. The Provider reserves the right to cancel and delete the Customer's user account if this account is inactive for more than 12 months and the credit balance on this account is zero. Prior to deleting the account, the Provider warns the Customer by email 30 days in advance.

5.1. The Customer explicitly 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 Report are strictly informative and indicative and reflect the vehicle's condition 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 responsible for the accuracy, completeness, truthfulness, and precision of the data read from the vehicle. This data is generated by the vehicle manufacturer's internal system, and the Provider has no influence over its quality, functionality, or potential internal errors in the vehicle's registers.

5.3. The Report declares only currently read values (e.g., SOH - State of Health). Due to the nature of the matter, the Provider cannot offer 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 the Service, as a software test, cannot detect physical, mechanical, or structural damage to the battery (e.g., assembly corrosion, fluid ingress, mechanical deformation of cell packs after accidents) or hidden, sporadic, or latent defects that did not manifest themselves in the control unit's data communication at the time of the test. The Service also does not examine or analyze the vehicle's fault memory (DTC fault codes).

5.5. The Provider is not liable for distortions of the results in the Report in cases where the data in the vehicle was manipulated or modified via software before the test, or if an unauthorized reset of the battery management system (BMS reset) was performed 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 according to clause 2.3 paragraph 3. The Customer acknowledges that if they select an incorrect 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. In the event of incorrect data entry by the Customer, there is no right to a claim, refund, or the crediting of a replacement test.

5.7. Any potential use of the Report when purchasing or selling a vehicle, for valuation, or within other legal acts is carried out at the sole and direct responsibility of the contracting parties involved (buyer and seller). The Provider is not a party to these relationships and is not liable for any financial losses, direct or indirect damages, or disappointment with the vehicle's quality resulting from the information contained in the Report.

5.8. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by relevant generally binding legal regulations (in particular the Civil Code). In the event of a demonstrable technical error on the part of the Provider's software or diagnostic algorithm (e.g., incorrect evaluation of correctly read data), the Customer has the right to have the defect rectified free of charge, preferably in the form of crediting a replacement credit for a new test; alternatively, they have the right to a reasonable discount or withdrawal from the contract (refund for the given test) if the defect cannot be rectified.

5.9. The Customer acknowledges that the Report represents a one-time provision of digital content at a specific time. The Provider has no obligation to retroactively update, supplement, or change this Report based on subsequent software updates to the application or diagnostic algorithms.

5.10. The Provider is not liable for the inability to start or complete the test in cases where the Customer has an incompatible, damaged, or outdated smartphone, or an operating system version that the EVpie mobile application no longer supports (information on the minimum supported OS version is always listed in the app description in the respective app store). The Provider is also not liable for the Service's dysfunction caused by an internet connection outage or a malfunctioning Bluetooth module on the Customer's side.

5.11. The Provider is not liable for a test failure, incorrect data evaluation, or non-delivery of the Report if the Customer failed to follow the procedure according to clause 2.3 (e.g., if they disconnected the Device from the OBD2 port during the test drive, prematurely closed the app, turned off Bluetooth before sending the data, or performed the test in a vehicle with a discharged 12V car battery, which caused an outage in the control unit's communication). Even in these cases, the credit is considered consumed without the right to compensation.

5.12. The Customer acknowledges that the Service is not compatible with all types, models, and software versions of vehicles on the market. The Provider constantly works to improve its diagnostic databases, but does not guarantee 100% support for all vehicles on the market. The Customer declares that before purchasing the Service (credits) on the web interface or in the app, 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 with a vehicle evaluated as incompatible. If the Customer purchases credits for a vehicle that is incompatible, despite having the opportunity to verify this fact in advance, they bear responsibility for this decision; the possibility of withdrawing from the Agreement for completely unused credits within the statutory 14-day period is not affected by this. However, after this 14-day period has expired, the Customer has no right to a refund for unused credits due to the incompatibility of their vehicle.

5.13. The entire test drive within the Service is carried out at the Customer's exclusive responsibility and risk. Under no circumstances shall the Provider be liable for any damage to health, life, or property (including damage to the tested vehicle or property of third parties), nor for any fines or penalties issued by the Police or other administrative authorities resulting from or in connection with the test drive. The fact that the app requires a certain driving style for data evaluation never authorizes the Customer to violate legal regulations or to drive recklessly.

6.1. According to the provisions of Section 1837 of the Civil Code, a consumer cannot withdraw from a contract for the delivery of digital content if it was not delivered on a tangible medium and was delivered with the consumer's prior express consent before the expiration of the withdrawal period, and the entrepreneur informed the consumer before concluding the contract that doing so extinguishes the right of withdrawal, and provided them with a confirmation according to the text of the law.

6.2. By checking the appropriate box before starting a test in the EVpie app, the Customer gives their express consent for the digital content (Report) to be delivered before the expiration of the 14-day withdrawal period, and acknowledges that upon the generation and delivery of the Report (the complete provision of the Service), their right to withdraw from the contract without giving a reason 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 Agreement within 14 days of purchasing the package by sending an email to info@ev-pie.com. If the Customer withdraws from the Agreement in this way, they are obliged, at their own expense and without undue delay, but no later than 14 days from withdrawal, to return the borrowed EVP-1 Device to the Provider in an undamaged condition. Funds will be refunded to the Customer within 14 days of the moment the Provider receives the Device back, or when the Customer proves that they sent the Device via registered mail, whichever comes first.

7.1. The Customer should assert any complaints regarding app dysfunction or non-delivery of the Report via email at info@ev-pie.com. The Provider will decide on the complaint immediately, in complex cases within 3 working days. The complaint will be processed no later than 30 days from its assertion.

7.2. In the event a dispute arises from the Agreement 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 materially competent entity for the out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority (Central Inspectorate - ADR Department, Štěpánská 44, 110 00 Prague 1, e-mail: adr@coi.cz, web: www.coi.cz). The Customer can also use the online dispute resolution platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.

8.1. All legal relations between the Provider and the Customer are governed by the legal order of the Czech Republic, in particular the Civil Code and the Consumer Protection Act.

8.2. If any provision of these GTC becomes invalid or ineffective, it does not affect the validity of the remaining provisions of these GTC.

8.3. The Provider is entitled to change these GTC. The Customer will be informed of the change by email at least 14 days before the change takes effect. If the Customer does not agree with the change, they are entitled to cancel their user account. For already completed orders, the wording of the GTC valid at the time of their conclusion always applies.

8.4. The Agreement and these GTC are drawn up in the Czech language. If the Provider makes a translation of these GTC into another language available to the Customer, it is done for the Customer's convenience. In case of any discrepancies between the Czech wording and its translation, or in the case of ambiguity or errors in the interpretation of the foreign language text, the Czech wording is always decisive, authoritative, and superior. The language of communication between the Provider and the Customer is Czech, or alternatively English.