autoDATAexperts GmbH · OTA Battery Check · Version 1.1 · English Translation (Non-Binding)
(1) These GTC of autoDATAexperts GmbH apply to all B2B business relationships relating to the OTA Battery Check Service, for both direct platform users and API integrators. For API integrators, § 8 applies additionally. The German version is the sole legally binding version.
(1) The Provider creates digital Battery Check Reports based on vehicle data obtained via OEM API connections and/or third-party sources, processed using the Provider's own methods.
(2) Reports may include: (a) OEM SoH — BMS value, not calculated by autoDATAexperts; (b) autoDATAexperts Battery Score — independent estimate based on own methodology, distinct from OEM SoH; (c) equipment features; (d) service history; (e) other vehicle data.
The OEM SoH was not calculated by autoDATAexperts — it reflects the BMS-transmitted value. The Battery Score is an independent estimate, distinct from the OEM SoH. The legally relevant timestamp is the Data Measurement Time, not the Report Creation Time.
(3) Buyer submits minimum the VIN, plus optionally first registration date, mileage etc.
(4) Not all vehicle models/series of a manufacturer are available for data retrieval.
(5) Invoiced when a valid SoH value appears in the Report, regardless of source.
(6) Service scope may be expanded by additional data packages; listed on Provider's website.
(7) AI prohibition. Buyer may not use Reports or data for AI purposes including training, fine-tuning, or testing AI systems/models/LLMs or feeding data into ML-based valuation systems.
(1) Contract formed upon VIN submission and system acceptance. For API integrators, each programmatic request constitutes an order. If data unavailable: no contract, no charge.
(1) Per-Report invoicing per § 2(5). Due within 14 days.
(2) Access restriction: Provider may restrict/suspend access upon payment default after prior notice, at Provider's discretion. Issued Reports are not affected.
(3) Price adjustments (30 days' notice) apply to future orders only.
(1) Service provided on best-effort basis, dependent on OEM/third-party data availability.
(2) Data source outage: no charge, no liability for resulting damages, Provider may remove affected manufacturer/source. Issued Reports remain valid upon connection termination.
(1) OEM SoH: not calculated by autoDATAexperts; reflects OEM BMS value; no liability for accuracy.
(2) Battery Score: independent estimate based on own methodology; estimated value, not a guarantee.
(3) Third-party data accuracy is outside Provider's control.
(4) Buyer bears full responsibility for all decisions made based on Reports.
(1) Purpose restriction. Reports/data for internal business use only: vehicle valuation, purchase, sale, lease, auction and remarketing. External data products and data resale prohibited.
(2) Buyer additions. Buyer and authorised third parties may add data at designated fields. All additions marked 'Buyer Input'. Buyer liable for accuracy of own and third-party additions.
(3) Permitted: sharing complete, unaltered Reports for vehicle sale/lease/auction/valuation.
(4) Prohibited in particular: altering Reports; data resale; OEM data extraction/recombination; re-identification of de-identified data; use damaging OEM reputation; unauthorised mass queries; sharing API credentials; AI use (§ 2(7)).
(1) Applies additionally to customers integrating the Service via API into own systems.
(2) API access: Provider may define rate limits and query quotas in writing, adjustable with notice.
(3) Security: keep credentials confidential; HTTPS/TLS only; encrypted storage; immediate notification of security incidents.
(4) Pass-through to end customers: must contractually bind end customers to same core obligations as § 7(2), § 7(4) and § 2(7) of these GTC; must provide proof on request.
(5) White-label: requires separate written agreement. Without it: 'Created by autoDATAexperts GmbH'.
(6) Extended indemnification: covers violations by API integrator itself, its end customers, and sub-end-customers attributable to insufficient pass-through of usage obligations.
(7) This indemnification reflects Provider's full OEM liability for downstream user violations.
(1) Unlimited: intent, gross negligence, personal injury.
(2) Slight negligence on cardinal obligation: capped at foreseeable typical damage.
(3) No liability for OEM SoH, third-party data, API outages, timestamp discrepancies.
(4) Battery Score: liability for slight negligence on non-cardinal obligations capped at Report value. Battery Score is an estimated value, not a guarantee.
(1) Buyer indemnifies Provider against third-party claims arising from violations of § 2(7), § 7 (purpose restriction, data resale, re-identification, OEM reputation), applicable law, or third-party rights, including incorrect Buyer additions.
(1) By accepting these GTC, Buyer agrees to this section as a DPA under Art. 28 GDPR. Provider complies with applicable provisions of the EU Data Act.
(2) Roles: OEM = independent Controller; Provider = Processor on behalf of Buyer; Buyer = Controller vis-à-vis vehicle owners.
(3) Provider obligations as Processor: process only on documented instructions; appropriate TOM; staff confidentiality; sub-processors with Buyer consent only; support data subject rights; breach notification within 24h; delete/return data on termination.
(4) Buyer obligations as Controller: ensure valid Art. 6 GDPR legal basis per retrieval; inform vehicle owners per Art. 13/14 GDPR; maintain consent records; notify Provider of consent withdrawal immediately.
(5) OEM audit cooperation: Buyer provides required evidence on Provider's request.
(1) Buyer keeps Provider's trade secrets (Battery Score methodology, API architecture, OEM relationships, algorithms, pricing) confidential.
(2) All IP rights in platform, Battery Score model, algorithms and API infrastructure remain with the Provider.
(1) German law (excl. CISG). Exclusive jurisdiction: Amberg, Germany.
(2) GTC amendments: 30 days' notice by email. Buyer may terminate at prior terms upon objection. OEM list changes and new data packages are not material amendments.
(3) Severability: invalid provisions replaced by closest valid equivalent.
(4) Force Majeure: neither party liable for non-performance due to events beyond reasonable control, including natural disasters, pandemics, cyberattacks on OEM systems, or regulatory measures restricting data access. Affected party must notify immediately in writing.
(5) No assignment: Buyer may not transfer rights/obligations without Provider's written consent.
(6) No partnership: these GTC do not create a partnership or joint venture.