Podmínky použití
These Terms of Use apply to your use of CarScoring Application ("Application") and its related offerings or services, along with any associated software applications and websites (all together, "Services"). These Terms form an agreement between you and AI Labs Holding s.r.o., a Czech Limited Liability company. By downloading our Application or using our Services, you agree to these Terms of Use.
Who we are
CarScoring is an AI based independent platform. Our mission is to help you make smarter and well informed decisions while purchasing a car ("vehicle"). Our Application is designed to share our opinion on what information to gather and how to interpret information provided by the vehicle sellers.
Registration and your User Account
- You must provide accurate and complete information to register for an account to use our Services ("User Account"). You must only have one (1) user profile and we will validate you as the sole user.
- You are responsible for maintaining the confidentiality of your User Account credentials and for any activity performed by third parties on your behalf in your User Account, because you have failed to ensure the confidentiality of your credentials. You undertake to notify us by email to our address per the Section 3 Notices without delays, of any loss or unauthorised use of your credentials or any other breach of the security or confidentiality of the credentials.
Notices
- You may contact us at any time using the contact form available on our website carscoring.com or via email address info@carscoring.com.
- We will reach out to you with communication regarding these Terms of Use or our Services through the Application or using the contact info provided by you in your User Account.
Using our Services
- Subject to your compliance with these Terms of Use, you may access and use our Services.
- You are granted a nonexclusive, non-sublicenseable, nontransferrable license unless we terminate our relationship in accordance with the Section 11 Termination.
- In using our Services, you must comply with all applicable laws as well as any other documentation, guidelines, or policies we make available to you.
- You are solely responsible for any data, information, sets of information in whatever form, including but not limited to hyperlinks that you insert into the Application ("Input Data").
- Whatever our Application provides based on Input Data ("Outputs") are owned by us and you are provided a non-exclusive, non-transferable right to use them for the purpose of helping you make a decision or communicate with potential vehicle sellers and you may not use them for any other purpose whatsoever.
- Any decision to purchase a vehicle is a decision of your own, our evaluation is neither a guarantee nor a warranty of any kind as to the vehicle itself.
- You are solely responsible to ensure that all Outputs are checked and validated.
- You are solely responsible that the Outputs are fit for your purposes and that they are in compliance with applicable laws or regulations prior to their use.
Prohibited Use: what you cannot do
You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
- Let others use the Services via your User Account, regardless if free of charge or not.
- Use our Services in a way that infringes, misappropriates or violates anyone's rights.
- Modify, copy, lease, transfer, sublicense, sell, resell or distribute any of our Services or Outputs.
- Copy, create, offer, train or sell any competing Service, application, or offering with similar or same functionality.
- Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Application, website, any part of Services, our information, data, models, algorithms, or systems.
- Create derivative works using any of our intellectual or other property without our explicit written consent.
- Use any device, software or take other action that would interfere or that would be used in an attempt to interfere with the proper operation of our Offerings or any operation performed by us or the use of our Offerings by anyone else.
- Automatically, programmatically or manually extract any data or information including but not limited to the Output.
- Take action that would unreasonably or disproportionately overload the infrastructure or systems or networks related to.
- Mislead anyone, make any representations or warranties about the Output.
- Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Offerings.
- You hereby acknowledge that our Carscoring Application is intended to be used by potential buyers. Unless we explicitly agree with you in writing, you may not use Outputs for either promoting actual sale of vehicles or as any form of assurance whatsoever to potential buyers as to vehicles offered for sale by you or any third party on whose behalf you would act in that regard.
Payment
- "Tokens" means credits included in your User Account acquired by you, which can be exchanged for unlocking access to certain extra features subject to charge ("Chargeable Service"). You may purchase Tokens in your Application and exchange the Token for specified Chargeable Services. The monetary value of each Token or Token Package will be displayed in your Application.
- Each Chargeable Service will be marked as such in your Application. Each Chargeable Service will indicate if it can be unlocked in exchange for Tokens or if they need to be paid for in monetary value (you cannot use your Tokens to purchase them).
- Payment schedules, methods and payment terms may differ for each Chargeable Service and may be unilaterally changed by us at any time relative to any Services or their parts thereof.
- You will pay for Tokens or for Chargeable Services requiring direct monetary payment, via the method chosen by you with the Third-Party payment interphase provider (Third Party Provider). Methods offered are dependent on the Third-Party provider (e.g. credit or debit cards, by bank transfer, PayPal or cryptocurrency). If there is any issue with payment transfer, it is your responsibility to resolve it between you and the Third-Party provider. To the extent permitted by applicable law, we assume no responsibility whatsoever for the security of such payment.
- For the avoidance of doubt, the payment for Tokens or Chargeable Service requiring direct monetary payment is considered made after receipt of the correct amount on our bank account. Given all payments are processed through Third-Party payment interphase and there may occur delays before the payment is received by us.
- You will see up to date pricing information in the Application when selecting Chargeable Service in your application.
- When you order a Chargeable Service using your Tokens, respective amount of Tokens will be deducted from your User Account in accordance with our up-to-date pricing.
- In the CarScoring Application, the payments for Chargeable Services are one-off payments, unless we specifically indicate so, they do not constitute a subscription fee, therefore you will be asked to pay every time you order each Chargeable Service.
- The Tokens purchased by you will be valid for 6 months from the moment of purchase. Upon expiry of this period, the User's Tokens will no longer be valid, they will be deleted from their Account and you will no longer be able to exchange them for Chargeable Services.
- Free Tokens provided by us to you: we may decide from time to time to offer you free Tokens which we will automatically assign to your account. You will be provided these Tokens in our sole discretion, you are not entitled to them and these Tokens are non-refundable.
- If you are a Private User, you will have the right, without reason, to withdraw from purchase of Tokens within 14 days by notifying by email at info@carscoring.com, except for when the Tokens have already been exchanged for Chargeable Services or expired in accordance with Section 6.9. You will notify the withdrawal of the Token purchase referred to in this paragraph using the above email address in a free format, indicating your email, User account ID, the User code, date, contact details and the wish to cancel a specific order for Services. We will, without delay, but no later than 14 days from the date of receipt of the Private User's notification of cancellation, refund the respective amount paid by the Private User.
- If the Private User wishes to exchange Tokens for the Chargeable Service or orders Chargeable Service requiring direct monetary payment, prior to any such exchange the Private User will expressly confirm and agree that, in view of the fact that the Chargeable Service is a digital content and will be made available to the Private User virtually immediately, the Private User will lose the right to withdraw from or cancel the agreement for the digital content Services within 14 days.
- If you purchase a package, i.e. more than one Token or more than one Chargeable Service requiring direct payment (hereinafter Package), depending on the complexity of the Package (e.g. discounts on the Package as compared to the purchase of a single Chargeable Service/Token), where you use at least one component in a Package, you will lose the right to withdraw from or cancel the agreement for the digital content Services with respect to the entire Package. Packages will be identified in your Application.
Warranty disclaimer
- EXCEPT IN CASE WE WOULD EXPLICITELY PROVIDE A WARRANTY IN CONNECTION TO PARTICULAR OFFERING, AI LABS HOLDING S.R.O. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) OR WARRANTY OF ANY OTHER NATURE WHATSOEVER REGARDING THE INFORMATION, OUTPUTS, FUNCTIONALITIES, PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS.
- IN CONNECTION WITH THE CARSCORING APPLICATION, YOU ACKNOWLEDGE THAT ANY DECISION TO PURCHASE ANY VEHICLE BASED ON OUTPUTS OF THE CARSCORING APPLICATION IS A DECISION OF YOUR OWN, AI LABS HOLDING S.R.O. HAS NO RELATIONSHIP TO ANY TRANSACTION YOU MAKE WITH THE VEHICLE SELLER AND ANY ISSUES OR WARRANTY CLAIMS ARISING OUT OF SUCH TRANSACTION MUST BE SETTLED SOLELY BETWEEN YOU AND THE VEHICLE SELLER.
- The information inside the Application and on this website may include typographical inaccuracies and errors.
Third party Services
Our services may include third party software including open source software, products, or services, ("Third Party Services") and some parts of our Services, may include output from those services ("Third Party Output"). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible or liable for them.
Feedback
We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.
Liability
- You acknowledge that you are solely responsible for any inputs you insert into our Application from whatever source as well as for any purposes for which you may decide to use our Products or Services including their Outputs.
- In case of a breach of any material obligation per these Terms of Use, we are entitled to block your account or any account you may attempt to create with your name. In addition, you agree to recover any damage caused to us and defend, indemnify, and hold harmless the AI Labs Holding s.r.o., its employees and officers against any claim brought up by any third-party as a result of that.
- To the extent permitted by applicable law, we are not be liable for any loss or damage to you, whether direct, indirect, special, incidental or consequential to the extent such loss or damage would exceed the monetary amount received by us for the Chargeable Service that your claim pertains to, except in case of: a) loss of life or injury to health, b) our fraud or wilful misconduct.
- Under no circumstances we would be liable for any of your lost profits, loss of business opportunity, business interruption, or loss of programs or information, even if AI Labs Holding s.r.o. has been specifically advised of the possibility of such loss or damage.
Termination
Any contractual relationship between us ("Agreement") may be terminated by either of the following:
- Breach of these Terms of Use: We may terminate the Agreement with you at any time if you breach any of the terms and conditions in these Terms of Use or if we have reasonable grounds to believe so. In such a case, we may, at our sole discretion and without any liability to you, block or delete your User Account or disable your access and you will lose any and all Tokens in your User Account. For the avoidance of doubt, losing your Tokens will in no way constitute our sole remedy, we are entitled to use any remedies available to us in contract or law, and recover any damage caused by you to us in connection with your breach of these Terms of Use.
- Termination for convenience by you: You may terminate an agreement with us at any time for whatever reason and may do so by uninstalling any and all of our Applications from your devices and cancelling your User Account. However, you may withdraw from or cancel purchases in the Application only as per the Section 6 Payment.
Governing law and disputes resolution
- These Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or subject matter thereof or formation are governed by the laws of the Czech republic. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
- In case our dispute will fail to be resolved amicably within 90 days following your communication to us through contact form available on our website or contact details per the Notices section, the Czech courts will have exclusive jurisdiction to deal with any dispute (including non-contractual disputes or claims) which has arisen or may arise out of or in connection with your use of our Services.
Intellectual Property and Trademark
- CarScoring, the CarScoring logo, and all Services names appearing on our websites are among the trademarks and/or service marks owned by us, and no trademark or service mark or other license is granted in connection with the materials contained on our website or in the Application.
- Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license to any patent, trademark or other intellectual property right of us or any third party.
- Our entire Carscoring.com website and Application, the code, design, content, databases are intellectual (or other) property of AI Labs Holding s.r.o., except for the intellectual property of Third Parties, our partners or suppliers, and is protected by national and international laws and regulations for the protection of intellectual property.
Data Privacy
- Information about processing of personal data is available in our Data Privacy Policy available at carscoring.com.
- We strive to protect all personal data we process, however given that the information between us is sent via an internet connection, we cannot and do not guarantee the complete security of the information transmitted between us, including personal data, and you should observe at least a standard degree of caution when accessing and using internet connection.
Survival
The provisions that by their nature should survive any termination or expiration of this Agreement shall remain in full force end effect, including but not limited to your obligations under the Section 11 Termination, 10 Liability and 5. Prohibited Use.
Assignment
- We may, at our sole discretion, assign or transfer all or any part of our agreement to a third-party without your prior approval, provided however that such assignment will not adversely affect your pending orders of Chargeable Services.
- You may not assign any part of our agreement without our prior written approval, in attempt to do so such assignment should be void.
Entire Agreement
These Terms of Use constitute the entire agreement between us and will supersede any written or oral agreements, communications, representations or declarations.