TERMS AND CONDITIONS FOR THE PROVISION OF OMNETIC SOFTWARE AS A SERVICE

These Terms and Conditions for the Provision of Omnetic Software as a Service by TEAS spol. s r.o. as the
Provider shall apply to the concluded Agreement on the Provision of Software Services – the Omnetic
System in the form of SaaS (the Agreement) and constitute an integral part thereof (the Terms).
In the event of any conflict between the provisions of these Terms and the Agreement, the provisions of the
Agreement shall prevail. Terms used herein shall have the same meaning as in the Agreement unless
defined otherwise herein.
 

I. Software, System and Additional Services
1. The Provider is the exclusive holder of the proprietary copyright to the Omnetic software, including
its possible extensions, as an ERP system for vehicle dealers and service providers, which
supports processes related to the sale of new and used vehicles and after-sales services
(Software). The specifications and functionalities of the Software are detailed in Annex No. 1 to the
Agreement.
2. The Software is operated by the Provider through the provision of appropriate IT services running
on virtual infrastructure (so-called cloud) via the Internet and a web browser. The entire system can
be described as a set of easily usable and virtualizable resources (hardware, development
platforms, etc.) with maximum security of access and content (System). Access to and the
possibility of using all Software functionalities constitutes the service (including other services
related to this primary service, which the Provider may provide to the Client upon request – e.g. IT
programming of the Client’s internal systems, integration of the Client’s internal systems with the
Software/System, etc. – Additional Services), which the Provider intends to provide to the Client, all
in accordance with Annex No. 3 of the Agreement (Software as a Service). The Software consists of
standardized modules and customized add-on extensions (e.g. CarAudit – see Article IX of these
Terms), which adapt the System’s functionality to the Client’s integration requirements as a
member of specific sales and/or service networks. The terms of use of such add-on extensions are
defined separately for each, though these Terms shall apply to them as appropriate. Within the
System, there are applications (modules) operated directly by the Provider, to which the Provider
holds the relevant copyrights, and also third-party applications that have been integrated into the
System upon the Client’s request, to be used by the Client within the System (Third-Party
Applications). The Provider cannot guarantee the functionality and availability of Third-Party
Applications, as it does not hold the copyrights necessary for their modification, maintenance,
development, or updates.
3. The Client is a professional in the automotive market (vehicle sales, after-sales service, and repair
services), who previously used other software for operational, financial, advertising, and other
purposes, and now wishes to use the Software/System as Software as a Service under the terms
defined in the Agreement and these Terms.
4. The legal relationship established by the Agreement shall be governed by its provisions and by
these Terms, which form an integral part of the Agreement as Annex No. 2, and which the Client
has duly reviewed, acknowledged, and accepted by concluding the Agreement. In all other matters,
the relationship shall be governed by the relevant legal regulations of the Czech Republic, in
particular Act No. 89/2012 Coll., the Civil Code, as amended (Civil Code), and Act No. 121/2000
Coll., the Copyright Act, as amended (Copyright Act). The Client acknowledges and agrees that the
Provider shall be entitled to unilaterally amend these Terms, as well as the scope of the services
defined in Annex No. 1, during the provision of the Software as a Service, particularly in connection
with the development of the Software and its updates, innovations, and the addition of new
functionalities or changes to the user interface. If the Client disagrees with any proposed changes
to the Terms, they shall be entitled to terminate the Agreement under analogous conditions and
according to the process set out in Article IV(3) of these Terms.
5. The Client shall ensure that, in any dealings with the Provider or in the performance of the
Agreement, only persons authorized under Section 430 of the Civil Code to represent and legally
bind the Client (including entering into contractual relationships to the extent of the Agreement and
these Terms) act on behalf of the Client. The Provider shall not and cannot examine whether the
person acting for the Client (e.g., sending a Sign-off email, confirming receipt of any document,
message, or information) is duly authorized to represent the Client. Accordingly, the Provider
assumes and is entitled to rely in good faith that anyone acting on behalf of the Client and
communicating with the Provider is authorized or duly empowered by the Client under Section 430
of the Civil Code to carry out such legal acts. In the event that the Client’s representative exceeds
their authority, the Client shall still be legally bound by such acts toward the Provider in accordance
with Section 431 of the Civil Code (Client's Acts).
6. The Provider is entitled to subcontract parts of the work or provision of the Software as a Service or
Additional Services to third parties; however, the Provider remains liable for their performance as if
provided by itself.
7. The Client undertakes to provide the Provider with all required cooperation, in particular:
a. To provide necessary data for implementation (e.g., via an online form);
b. To provide essential technical and expert cooperation, especially during system
installation into the virtualization environment, data migration, etc.;
c. To ensure cooperation of third parties during integration with the Client’s other IT
systems;
d. During training of the Client's employees.
The Provider shall not be in default with the provision of any Software as a Service in cases where
the agreed delivery date was not met due to a lack of cooperation by the Client. The same applies to
any failure to meet the agreed project Roadmap due to reasons attributable to the Client
(Cooperation).

II. Access to the Software
Method of Accessing the Software
1. The Provider shall grant the Client access to the Software, i.e., the System, through the Provider's
web interface. The Provider shall also provide the Client with all necessary access credentials to
enable proper use of the Software as a Service, as defined in the Agreement and for the relevant
number of users (Credentials). Furthermore, the Provider shall provide the Client with the
requested storage capacity on the Provider’s cloud server (Storage Capacity), all in exchange for
the Fee specified in the Agreement and Article IV of these Terms. The Credentials shall be
delivered to the Client in an appropriate manner, e.g., via the email address specified by the Client.
The Client shall confirm receipt of the Credentials and the first access to the System via email. The
Client is obliged to keep the Credentials confidential and protect them from misuse by third parties.
The Client bears sole responsibility for the protection and confidentiality of its access credentials.
The Client agrees never to disclose its password to anyone else and not to use the login name or
password of any other user. The Provider shall not be liable for any use of login credentials by third
parties.
2. Depending on whether the Client has previously used the "AutoBazar" software or another system
for recordkeeping (Original Software), either a data migration process as described below will be
carried out or preparations will be made for the internal systems of both the Client and the Provider
through Software Integration. For the proper functioning of the System and the effective provision of
the Software as a Service, the Client shall provide the Provider with full cooperation, including
remote access to its internal systems and data storage, particularly for the purpose of migrating all
data previously used by the Client and uploaded or otherwise stored in the Original Software into
the System (Data), following the Provider’s instructions and subject to the terms below (Client Data
Migration).
Scope of Client Data Migration includes data concerning: (i) customers, (ii) active vehicles, and
(iii) active business cases. Active advertisements are expressly excluded from the scope of
migration. For testing purposes, the Provider may, upon the Client's request, provide access to a
trial version of the environment (Demo Environment) including the above-mentioned data, for a
period of one to two weeks (Testing Period).
If the Client has not previously used any Original Software, or if the System is being deployed
through functional integration between the Client's and the Provider's software (Software
Integration), then Client Data Migration will not take place.
3. Without proper execution of Client Data Migration, the Provider cannot guarantee the
completeness and continuity of the services under the Agreement with respect to the use of the
Original Software. During the migration process, the Provider shall be entitled—and the Client
hereby grants its explicit consent—to correct data (including personal data of the Client’s
customers) from a purely stylistic perspective, i.e., spelling, typos, or missing characters (Data
Correction), without modifying or supplementing the actual content in any way.
4. The Provider undertakes to carry out the implementation of the System, especially taking into
account the necessity of Client Data Migration, with due regard to the Client’s operational needs, so
that any disruption to its business operations is minimized. The Client acknowledges that during this
period, some temporary restrictions may occur, which shall not, however, materially interfere with
its regular operations.
Provision of Software as a Service
5. The Software shall be operated on infrastructure managed by the Provider and hosted in a third-
party data center.
6. The Software shall be fully accessible to the Client throughout the term of the Agreement, starting
from the Commencement of SaaS Provision as defined in Clause C of the Agreement. This does
not affect the Testing Period or other preparatory steps before the commencement of SaaS
provision. The Provider does not guarantee the functionality or availability of Third-Party
Applications integrated into the System. The Provider is entitled to suspend access to the Software
if the Client is more than 15 days in arrears with payment of the service fee or breaches any material
obligation under the Agreement or these Terms. Suspension shall remain in effect until the overdue
Fee is paid or until the Agreement is terminated in accordance with these Terms.
7. The Client is obligated to keep its Credentials confidential and protect them from any actual or
potential misuse by third parties. The Provider shall not be liable for any damages caused by the
disclosure or breach of Credentials by a third party unless caused solely by the Provider.
8. The Parties explicitly agree that the Client shall not distribute, copy, modify, decompile, or otherwise
manipulate the Software, its related applications, extensions, or any of its components in violation
of the Agreement or these Terms, nor shall the Client allow third parties to use the Software/System
in such manner, unless otherwise agreed in writing by the Parties.
9. All Client data shall be hosted in third-party data centers located within the European Union. The
Provider shall regularly back up the data (Backups).
10. Ownership of all data uploaded by the Client to the Cloud, including data subject to Client Data
Migration, shall remain solely with the Client, who is also exclusively responsible for the content,
quality, legality, and integrity of such data. If the Client uploads any content that violates applicable
laws and the Provider is requested by relevant authorities (particularly law enforcement) to remove
specific data, the Provider shall do so without undue delay and notify the Client in writing. The Client
shall also be obligated to delete the specific content upon the Provider’s request in connection with
a suspected legal violation.
Testing, Training, and System Handover
11. Any testing of the System by the Client shall take place on dates agreed in advance in writing (by
email) with the Provider.
12. The Provider anticipates that user training for the System will be conducted remotely via webinars
and tutorials, free of charge. Additionally, upon the Client’s explicit written (email) request, the
Provider may train key personnel or other designated individuals working with the Client for
purposes of operating the System or fulfilling specific needs. The Fee for this Additional Service
shall be determined in accordance with Article IV of these Terms. The Provider shall not be liable if
it later emerges that individuals selected by the Client for training were not sufficiently qualified.
13. Training dates shall be agreed by the responsible representatives. Specific dates will be confirmed
in writing (by email) in advance.
Hardware Requirements for New Software Functionalities
14. Due to the ongoing development of the Software and expansion of its features provided as a
service, there may arise future situations where, in order to properly use a particular functionality,
the Client will be required to install certain hardware or software on its devices. In such cases,
should the Client wish to use the new functionality, it undertakes to comply with the Provider’s
technical requirements, including installation of necessary components, drivers, or other
hardware/software. The Parties agree that use of new functionalities is optional and not mandatory.
15. The Client must consult the Provider in advance regarding any changes, modifications, repairs, or
extensions of its own system beyond the agreed scope, in order to prevent interference with the
provision of the Software as a Service.
Template Contract Documents
16. Upon the Client’s request, the Provider has uploaded to the System certain template contract
documents commonly used in the primary and secondary automotive market, including for the sale
of new or used vehicles, provision of after-sales services (including warranty and post-warranty
repairs), and other related activities (Template Documents). The Client is authorized to use the
Template Documents as a basis for drafting its own specific contractual documents. The Provider
expressly disclaims, and the Client acknowledges, that the Provider provides no warranty or
guarantee regarding the content, accuracy, or legal validity of the Template Documents, nor for any
actual agreements entered into by the Client with third parties, whether based on such templates or
not.

III. Licence to Use the Software and Provider's Operation Warranty
1. The license fee for the provision of the license is already included in the Fee as defined in Article IV
of these Terms.
2. The Client is obliged to use the Software or the System only to the extent of the license granted or
the web service specified in the Agreement, and only for purposes permitted in accordance with the
nature of the Software provided as a service.
3. The Client is obliged to use the Software or the System exclusively for its internal purposes and in
accordance with the purpose for which the Software was developed.
4. The Client is not entitled to distribute, copy, decompile, or otherwise make the Software or System
available to other persons unless otherwise agreed in writing by the Parties in advance.
5. The Client acknowledges that proper use of the Software or the System, as well as the proper
provision of the Software as a service, requires the use of hardware and software that meets the
technical requirements specified by the Provider.
6. The Client is obliged to promptly notify the Provider in writing via email of any change that has or
could have an impact on the Client’s use of the Software or System, and on the possibility or ability
of the Provider to provide the Software as a service in accordance with the Agreement.
7. The Client acknowledges that the System is a software product and, as such, responds to
circumstances affecting it during its operation. These responses may include unexpected
interruptions of actions being performed, repeated need to enter a command, or other usage or
operational difficulties. The Parties agree that such isolated and temporary reactions of the System
shall not be considered defects of the System or breaches of the Provider's obligation to provide the
Software as a service under the Agreement. However, the Provider is obliged to provide the Client
with all possible professional support in overcoming such situations.
8. The Provider is not liable for any damages resulting from the malfunction of the System caused by
incorrect data input by the Client or by any deficiencies, particularly technical, in the Client’s
equipment, infrastructure, personnel, or similar, or by infrastructure outages caused by third parties
providing services to the Client.
9. The Parties expressly agree that the Provider shall not be liable for any damages potentially caused
to the Client's end customers (e.g. owners of advertised vehicles or other persons to whom the
Client provides services or goods) in connection with the Client’s use of the System. In the event
that an end customer of the Client seeks compensation for any damage, the Client expressly
waives any right to make a recourse claim against the Provider, unless the damage was caused
intentionally or through gross negligence by the Provider.

IV. Fee for the Provision of the Software as a Service and Payment Terms
1. The Client undertakes to pay the Provider a Fee for the license, for the provision of the Software as
a service, based on the number of users, and where applicable, also for Additional Services, as
specified in Annex No. 3 to the Agreement (Fee), which details the Fee for each service provided in
accordance with Annex No. 3 of the Agreement. The Provider informs the Client that the amount of
the Fee depends on the type and scope of the Software provided as a service, the required storage
Capacity, and other factors. The Fee for any Additional Services will be determined by mutual
agreement of the Parties, based on the Provider’s daily/hourly rates.
2. The agreed Fee includes all work, deliveries, and costs of the Provider related to the commissioning
of the Software as a service, including the license fee according to the license granted (see Article
III of these Terms), unless otherwise specified in the Agreement or agreed by the Parties. The Fee
does not include activities, additional work, or deliveries agreed upon with the Client outside the
scope of the Agreement (e.g. Additional Services). Any services provided by third parties in
connection with the provision of Services under this Agreement (as per Annex No. 1) may be
charged separately and may require a separate agreement with the third party.
3. The amount of the Fee for the provision of the Software as a service is determined based on the
duration of the agreed and granted license period (Period). The Provider is entitled to change the
amount of the Fee once, through an update to Annex No. 3 of the Agreement, after the expiration of
the Period. The Provider must notify the Client in writing (via email) of such change no later than 30
days prior to the Fee change taking effect. Notification is considered delivered at the moment the
email is received in the Client’s inbox. The Client is obliged to familiarize themselves with the new
pricing conditions. If the Client continues to use the Software as a service after receiving notice of
the updated Annex No. 3, the new pricing conditions become binding as of the date when the Client
first uses the service (uploads data, uses existing data, uses support, etc.) after receiving the
notice. However, the Client may reject the price change by submitting a written termination notice
with a one-month notice period, starting from the date of delivery of the termination to the Provider.
This notice must be submitted within 15 days of the announcement of the price change; otherwise,
the Client is deemed to have accepted the new Fee.
4. For Clients who previously used the Original Software and paid the license fee for it in advance,
such prepaid license fee (in a proportional amount corresponding to the unused portion of the
license) will be offset against the Provider’s claim for the Fee at the moment of concluding the
Agreement. If a balance remains unpaid after such offsetting, the Client is obliged to pay the
outstanding amount in accordance with the Provider’s payment request (Request).
Payment Terms
5. The Client shall pay the Fee or other contractual payments in advance, based on a Request sent by
the Provider to the Client’s designated email address. Payment shall be made via bank transfer to
the Provider’s account as specified in the Request, in accordance with the payment periodicity set
out in Annex No. 3 of the Agreement. The due date of the amount specified in the Request is 14
days from its delivery to the Client.
6. The moment of payment is deemed to be the date on which the payment is credited to the
Provider’s account. Immediately thereafter, the Provider shall send the Client a tax document
(invoice) containing all legally required details. The date of receipt of payment and issuance of the
invoice shall be considered the date of taxable supply. The Parties agree that invoices may be
delivered electronically.
7. In case of late payment by the Client of any monetary obligations under the Agreement, the Client
shall pay the Provider a contractual penalty of 0.5% of the outstanding amount for each day of
delay. This does not affect Article II, paragraph 6 of the Terms (regarding the Provider's right to
suspend services).
8. If the Client wishes to increase the number of active stations or users, they shall inform the Provider
in writing (via email), who will decide whether such a request can be accommodated (subject to
available capacity). If approved, the process described in paragraphs 4 to 6 of this Article IV shall
apply. The Provider will endeavor to fulfill such requests, but the Parties agree that the Client has no
right to an extension of the number of users.
9. The Client acknowledges and agrees that the Provider is entitled to unilaterally cease providing
services under the Agreement, in particular the Software as a service, if the Client is in default with
the payment of the Fee for more than 15 days. In such a case, the license under Article III shall also
be deemed terminated by decision of the Provider.

V. Service, Maintenance, and Data Security
1. The fee for providing the Software as a Service also includes the provision of basic service within
the meaning of these Terms and Conditions. The Client shall address requests for basic service of
the System or Software to the Provider on business days between 8:00 and 16:00 via Customer
Support through the current contacts listed on the Client’s website - www.omnetic.com. Any
Additional Services, such as out-of-warranty service, training of the Client’s personnel, migration of
the Client’s data, integration of the Client’s internal systems with the Software or System, shall be
charged separately and provided to the Client based on their order (by email or telephone with
subsequent email confirmation). By placing such an order, the Client commits to pay the Provider
an additional fee according to Annex No. 3 of the Agreement or the fee agreed by the Parties prior
to providing the Additional Service.
2. All Client data uploaded to the Cloud will be duly secured by the Provider or a third party authorized
by the Provider against unauthorized use. The Provider guarantees the Client that all technical and
security standards will be observed when providing the Software as a Service. The Omnetic service
is operated on Amazon Web Services (AWS) infrastructure. All data is stored in AWS in the eu-
west-1 region (Ireland). All communication with Omnetic services is encrypted via HTTPS protocol.
Data stored on AWS is encrypted using AWS native encryption for the relevant services with
AES-256 cipher. User passwords are securely stored using the Argon2 hashing algorithm, one of
the most secure.
The application database is built on AWS RDS Aurora DB, which provides the highest level of data
security and availability. Beyond standard security, the following measures are applied:
● Data encryption
● Enforced secure communication via SSL/TLS
● Database inaccessible from the public network
● Individual user access
● Complete access and operation logs
● Frequent backups
3. Maintenance of the Software and System means professional interventions by the Provider aimed
at restoring the System’s operation according to the current electronic documentation, especially
correction of evident System errors.
4. Basic service is provided only for the operation of the relevant System modules within the scope
specified in the Software functionalities description, which forms Annex No. 1 of the Agreement.
5. The Provider is not liable for malfunction caused by erroneous data entered by the Client into the
System or technical shortcomings on the Client’s side, nor for potential short-term Software
outages primarily due to updates.
Planned Downtime of Software as a Service
6. In some cases, it is necessary to temporarily suspend the Service for the essential time needed for
maintenance or system updates. Planned downtime is not counted as service availability.
Maintenance is preferably performed between 21:00 and 06:00 or on non-working days.
7. The Provider is obliged to notify the Client in advance of any planned downtime occurring during
normal working hours or, if lasting longer than 30 minutes, outside normal working hours, by email
to the Client’s contact address at least 1 day prior.

VI. Term and Termination of the Agreement
1. The Agreement may be terminated:
a. by written agreement of the Parties;
b. by the procedure stipulated in these Terms (e.g., non-acceptance of fee or Terms updates by the
Client);
c. by withdrawal from the Agreement in cases set out in the Agreement and these Terms;
d. by termination by either Party with a three-month notice period, starting from the day the written
termination notice is delivered to the other Party.
2. The Client may withdraw from the Agreement if the Provider is unable to provide the Software as a
Service for more than 7 business days, unless this inability is caused by circumstances attributable
to a third party (e.g., the cloud service provider).
3. The Provider may withdraw if:
a. the Client is in arrears with payment of the Fee for more than 30 days;
b. the Client does not provide the necessary cooperation as per Article I, Section 7 of these Terms,
if such failure prevents the Provider from fulfilling its obligations, provided the Provider has notified
the Client in writing (by email) and given at least 5 business days to remedy the situation;
c. the Client materially or repeatedly breaches obligations related to the use of the Software as a
Service.
4. If the Client withdraws for any reason, the Provider is entitled to payment of the proportionate part of
the Fee for the period the Client used the Software as a Service and for any hardware and software
ordered and delivered, per prices listed in Annex No. 3 of the Agreement. If the Provider withdraws
due to Client breach, the Client must pay a contractual penalty equal to the unused portion of the
prepaid Fee for the remaining term. This also applies in case of termination by mutual agreement,
unless otherwise agreed.
5. Mutual settlements will be made within 30 days of termination, in a manner chosen and promptly
communicated by the Provider. The Client acknowledges and agrees that any reverse data
migration will be invoiced by the Provider based on time spent and costs incurred, according to
Annex No. 3 and invoicing conditions set forth in Article IV of these Terms. Should the Client fail to
cooperate in reverse data migration within 15 days after termination, even after a written reminder
and additional 7-day grace period, the Provider may delete the data without compensation to avoid
storage cost increases. This right of the Provider remains unaffected.
6. The Client agrees that during and after the Agreement’s validity, the Provider may process Client
data uploaded to the System cloud interface, in compliance with GDPR, anonymously or
pseudonymously, for analytical purposes and free use, including in cooperation with business
partners (e.g., specialized portals such as sauto.cz, tipcars.cz, mobile.de) or other entities
("Provider’s Authorization"). The Provider guarantees that this authorization will be exercised with
full respect to the Client’s reputation, personal data protection rules, and data of the Client’s
collaborators and end customers.

VII. Personal Data Protection, Data Processing Agreement
The Provider acts as a data processor under the Agreement for personal data possibly provided by the
Client, who is always the data controller and responsible for securing consents from end customers for data
processing in compliance with Article 6(1)(b)-(f) of GDPR Regulation (EU) 2016/679. The Parties
simultaneously enter into a Data Processing Agreement pursuant to Letter L. of the Agreement, which
applies the provisions in this Article VII.
1. The Controller (Client) instructs the Processor (Provider) to process personal data of third parties
(end customers) provided during the Agreement term, for the purposes and in the manner
described below. The Processor undertakes to process these personal data on behalf of the
Controller.
Scope and Purpose of Data Processing
2. The Processor shall process personal data as provided by data subjects or the Controller, typically
including: name, gender, permanent/temporary address, correspondence address, date of birth,
type and number of ID, phone number, email, and any other data provided by data subjects
(Personal Data). The legal basis, purpose, and processing period are always determined by the
Controller, who is responsible for obtaining necessary consents under GDPR. The Processor is not
obliged or able to verify the legality of the Controller’s processing.
3. Data processing includes collection, uploading to Cloud, storage, sorting, segmentation,
modification, updating, searching, retention, combining, blocking, use (including marketing
communications), anonymization or pseudonymization, return to Controller, and disposal.
Processing will be both automatic and manual.
4. The purpose is fulfilling contracts between end customers and the Controller, development,
operation, and maintenance of Software and System, ensuring sufficient information and market
monitoring of new and used vehicles, authorized and unauthorized vehicle service, and other
services provided by the Processor for the Controller.
5. The Processor may anonymize or pseudonymize data and process such Data further as per Article
VI(6) of these Terms. The Processor commits not to breach data handling principles or GDPR when
providing data to third parties.
6. The Processor must ensure Personal Data are not disclosed to unauthorized third parties except
hosting providers (e.g., AWS) and other entities involved in Software as a Service provision and
must prevent misuse.
7. Processor’s employees and other involved persons must maintain confidentiality regarding
personal data and security measures.
8. The Processor must implement technical and organizational measures to prevent unauthorized or
accidental access, alteration, destruction, loss, or misuse of Personal Data.
Duration of Agreement
9. This Data Processing Agreement is concluded for the duration of the main Agreement. This does
not affect the Provider’s right to use Data post-termination as authorized.

VIII. Liability
1. The Provider’s liability to the Client is limited to actual damage caused by breach of obligations
under the Agreement or Terms, excluding lost profits, and capped at 50% of the annual Fee
invoiced by the Provider.
2. The Provider is not liable for damage caused by System defects attributable to the Client, third
parties, or the circumstances listed below.
3. The Provider is not liable for damages resulting from circumstances beyond its control that exclude
liability. The Provider shall notify the Client without undue delay of such circumstances, which
include, but are not limited to:
a. virus infiltration or similar attacks on the Client’s or Provider’s IT systems;
b. obstacles caused by strikes or events beyond Provider’s control involving its employees or
collaborators;
c. natural disasters or pandemics with related government restrictions;
d. connectivity issues on Client’s or third-party sides.
4. Such liability exclusion applies only during the obstacle’s duration, unless these circumstances
cause System faults or total destruction of technical equipment or Software necessary for System
operation.

IX. Rules for Use of the CarAudit™ Software Add-on
1. The Provider allows the Customer to select, in addition to the standard functionalities of the System,
also the Software add-ons. This Article specifically governs the terms of use of the CarAudit™
application add-on (hereinafter "CarAudit" or the "Add-on"). The use of the Add-on is exclusively
authorized for the Customer, respectively its employees or persons cooperating under its
authorization.
2. CarAudit is an application enabling systematic examination and inspection of key parameters of the
Vehicle, by means of photographs, videos from test drives, trial operation, thorough technical
inspection of the Vehicle, and other procedures performed according to a predefined process. The
CarAudit inspection ensures sufficient information for the Customer about the technical, factual,
and visual condition of the Vehicle. For this purpose, the Add-on offers the functions listed in Annex
No. 1 to the Agreement “Key Functionalities.”
3. The Add-on is intended solely for use within the Software, on a mobile phone, tablet, or similar
device (hereinafter the "Device"), and is compatible with iOS 11.0 or later versions and Android 5.0
or later versions.
4. The CarAudit Add-on may be used exclusively through a user account. Each user of the CarAudit
Add-on within a given Customer must have an individual profile created in the Omnetic system, and
the Customer is obliged to provide the Provider with at least the following data for each user profile:
(a) username;
(b) email address.
The Customer may provide additional information about individual users at its discretion. The
Customer is also obliged to update the provided data and request the Provider to implement any
changes in user accounts, including requests for deletion of a specific account upon termination of
cooperation between the Customer and the particular user.
5. When using the individual functions of CarAudit, the Customer shall input specific data into the Add-
on via the Device, e.g., vehicle identification number (VIN), vehicle registration number, make and
model of the vehicle, mileage, specific condition of the vehicle, etc. The provisions of Article VI,
paragraph 6 of these Terms and Conditions apply mutatis mutandis to such data. Vehicle data may
be entered into the Add-on manually or partially automatically by entering the vehicle identification
number ("VIN").
6. The Add-on allows the Customer to internally record and control information about a specific
vehicle, for example for vehicle purchase records, inspections of stock vehicles, vehicles returned
from operational leasing, rental vehicles, etc. The Customer is not authorized to permit third parties
other than its own users to use the CarAudit Add-on or to use it for any purposes other than those
stipulated.
7. Certain functions of the Add-on require a stable internet connection or a service enabling Device
location for proper operation.
8. The Provider reserves the right to suspend, restrict, or terminate the Customer’s access to the Add-
on or to cancel the Customer’s registration. In case of repeated or gross breach of these Terms and
Conditions or generally binding legal regulations, the Provider may permanently block the use of
the Add-on via a specific Device.
9. The Customer is not entitled to provide the Add-on or any content displayed within the Add-on for
use to any third party outside the Customer’s organization without the prior written consent of the
Provider. The provisions of Article II, paragraph 8 of these Terms and Conditions remain
unaffected.
10. The Customer bears sole responsibility for the use of the Add-on by its employees or collaborators,
including the outputs of individual inspections, which depend on the proper use of the Add-on in
accordance with this Article.

X. Final Provisions
1. If any provision of the Agreement or these Terms and Conditions is or becomes invalid for any
reason, this shall not automatically affect the validity of the remaining parts of the Agreement or
these Terms and Conditions. The Parties undertake to promptly replace the invalid provision by
mutual agreement with a provision that corresponds in content and purpose to the invalid provision.
In the case of the Terms and Conditions, the Provider shall implement the replacement pursuant to
Article I, paragraph 4 of these Terms and Conditions.
2. The Provider is entitled to publish that the Customer is a user of the System or Software in its
informational and promotional materials or reference lists and to disclose such information via the
internet or other communication means. For this purpose, the Provider is authorized to use the
Customer’s current logo and a brief description thereof. The manner of use of the reference shall
not diminish the good reputation of the Customer.
3. These Terms and Conditions are valid and effective as of May 1, 2025.