Användarvillkor

OBD PORTAL - SALES CONTRACT AND TERMS OF SERVICE

Effective Date: January 29, 2026
Last Updated: August 10, 2026

This Sales Contract and Terms of Service ("Contract") is a legally binding agreement between you ("Buyer", "User", "you") and OBDPORTAL BV ("Company", "Seller", "we", "us", "our"), the owner and operator of the OBD Portal platform, software, device, and associated services.

BY PURCHASING, INSTALLING, OR USING THE OBD PORTAL SOFTWARE OR DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS CONTRACT. IF YOU DO NOT AGREE, DO NOT PURCHASE, INSTALL, OR USE THE PRODUCT.

0 - CONSUMER RIGHTS AND PREVAILING PROVISIONS (EU / BELGIUM)

Article 0.1 - Who this Contract applies to. This Contract applies both to Buyers acting for purposes relating to their trade, business, craft or profession ("Business Buyers") and to Buyers who are natural persons acting for purposes outside their trade, business, craft or profession ("Consumers", within the meaning of Article I.1, 2° of the Belgian Code of Economic Law and Directive 2011/83/EU).

Article 0.2 - Mandatory law prevails. Nothing in this Contract limits, excludes or waives any right that a Consumer has under mandatory provisions of Belgian law or of the law of the EU/EEA Member State in which the Consumer is habitually resident. Where any clause of this Contract conflicts with such a mandatory provision, that clause does not apply to the Consumer and the mandatory provision prevails. The remainder of the Contract continues to apply.

Article 0.3 - Clauses that apply to Business Buyers only. Without limiting Article 0.2, the following have no effect against a Consumer:

the penalty clauses in Section 8 and the liquidated-damages provisions in Article 4.1;
the indemnification obligation in Section 17;
the prohibition in Articles 1.5 and 6.2 on reselling the device second-hand (a Consumer may resell a device they own, the software licence remaining personal to the Account holder);
the notification deadlines of 7 or 10 business days in Articles 2.5, 3.4, 6.1 and 10.8, insofar as they would shorten the legal guarantee described in Section 21;
any clause purporting to make the Company's essential obligations discretionary, or to allow the Company to alter the essential terms of the Contract without notice.

Article 0.4 - Changes to this Contract. Notwithstanding Section 18, the Company will notify Consumers by email at least thirty (30) days before any change to this Contract that is materially unfavourable to them. A Consumer who does not accept the change may terminate the Contract free of charge before the change takes effect and obtain reimbursement of Tokens purchased but not yet used.

Article 0.5 - Order of precedence. In the event of a conflict between this Contract and any other document published on the Website, this Contract prevails, save that mandatory consumer law prevails over both. Any earlier version of a sales contract or terms of service published elsewhere on the Website or on any third-party site is superseded and has no contractual effect.

Article 0.6 - Language. This Contract is drawn up in English. Consumers resident in Belgium may request a Dutch or French version at contact@obdportal.com.

1 - SUBJECT OF THE CONTRACT

Article 1.1 - The subject of this contract includes the sale of the device called "OBDPortal", which is produced by the Seller and all rights of which belong to the Seller company, and its delivery to the Buyer for a certain fee.

Article 1.2 - The Seller expresses the definition, features and requirements for the fulfillment of the function of the device called "OBDPortal", which is the subject of this sales contract, as follows:

It is manufactured and used to detect and fix the faults of highway vehicles experiencing a fault, regardless of brand, to code and program highway vehicles and to provide support for software requests in the vehicle.
While the faults of highway vehicles experiencing a fault are detected, this detection will be carried out with the network connection provided by the Seller company, since the transactions to be made will be carried out over the network connection.
This support can be provided during working hours — the time zones on the OBD PORTAL website — except for Sundays, which are weekly holidays.
Since each fault detection will be carried out directly over the network connection established by the Seller company, the Buyer party must have an internet connection to the device subject to this contract.
The Buyer party must ensure the integrity of the device named "OBDPortal", which is the subject of this contract, under any circumstances.
The device named "OBDPortal" should not undergo any interventions that would disrupt its operation, and the Buyer should contact the Seller company immediately in such cases.
In order for the device subject to this contract to perform fault detection, a stable internet connection is required.
The device subject to this contract named "OBDPortal" is designed in a compact structure and all rights of this design belong to the Seller company.
The design rights of the device called "OBDPortal" which is the subject of this contract are protected by patent.
The software used by the device called "OBDPortal" which is the subject of this contract was created entirely by the Seller company. All rights of the software belong to the Seller company.
The operating principle of the device called "OBDPortal" is: the device is connected to the OBD connection port of the road vehicle that applies to the Buyer with a fault complaint, and the device is connected to the network provided by the Seller company thanks to the internet connection provided by the Buyer. The method of detecting the fault in the road vehicle is performed thanks to the server created by the Seller company and whose all rights belong to the Seller company.
The Seller party does not provide any work or support other than the definition in this article.

Article 1.3 - The Seller company accepts and undertakes to deliver the device called "OBDPortal", which is the subject of this contract, in working condition, up-to-date and intact, consisting of the OBDPortal device, OBD connection cable, and 2 steering hanger apparatus in the box content.

Article 1.4 - The Buyer party assumes all responsibility for the device called "OBDPortal" from the moment it receives the device. The software support of the device is provided by the Seller company, but the Buyer party accepts, declares and undertakes that it will not intervene in any way physically or software-wise with the device named "OBDPortal".

Article 1.5 - The obligations for the contract are as follows:

Obligations of the Seller party:

To sell and deliver the device named "OBDPortal" in a working, up-to-date and sound manner.
To keep the device named "OBDPortal" up-to-date during the usage period and to provide all kinds of software support required for its proper operation.
To fix any malfunctions and problems that occur independently of the Buyer party, free of charge for a period of 1 year.
To fix any problems originating from the Buyer party for a certain fee.
After the 1-year period, to fix any kind of problem that occurs in the device for a certain fee.
To detect and fix the malfunctions of road vehicles experiencing malfunctions regardless of brand as defined in Article 1.2.
To provide support for coding and programming in road vehicles and software requests in the vehicle.
To provide connection to the device through the servers they have established.
To fulfill the demands of the Buyer in the definition of the device completely.
To inform the Buyer about the working principle of the device.
To provide USER ID and password and protect this information in the name and account of the Buyer and to ensure that the Buyer can use the device.
To protect all information of the Buyer against third party malicious software and persons.

Obligations of the Buyer party:

To pay the fee amount set forth in Section 2 of this contract for each transaction in which the device will be used, in advance to the account information of the Seller.
Not to intervene in any way physically or software (reverse engineering) to the device named "OBDPortal".
Not to sabotage the software or any support by intervening in the internet connection provided to the device while it is operating.
Not to copy or sabotage the actions used by the device and provided by the Seller in any way.
Not to subject the device to any external intervention.
To contact the Seller immediately if any problem occurs with the device or any problem related to the device.
To fully participate in the information meetings given by the Seller regarding the device and act in accordance with the information provided.
To ensure a stable internet connection and a voltage stabilizer in the vehicle.
Not to sell the device to any third party under the name of second hand.
Not to share the USER ID and password information provided by the Seller with third parties.
Not to allow any third party to use the device with their own information.

2 - AGREEMENT AMOUNT

Article 2.1 - This sales contract between the parties includes the delivery of the device called "OBDPortal" to the Buyer by the Seller. During this delivery, the device(s) are checked one by one by the Buyer and the delivery report included in the annex of this contract is approved by the parties. From the moment the delivery report is approved, the devices purchased by the Buyer are completely under the Buyer's control. The delivery report documents that the Seller has delivered the device in full, complete, up-to-date and intact in the requested quantity. This sales contract is prepared as a result of the orders given by the parties through the e-mail addresses in the information section of this contract.

Article 2.2 - In the sales contract of the device called "OBDPortal", which is the subject of this contract and mutually approved by the parties, the device has been sold to the Buyer at the agreed upon price.

Article 2.3 - The Buyer party shall pay the fee determined by the operator per transaction to the Seller party for each transaction after the device has been received and started to use. These payments shall be made in advance and shall be made to the account information provided by the Seller before the transaction to be made.

Article 2.4 - The device shall be delivered completely, up-to-date and intact. In the event of any malfunction independent of the Buyer or a malfunction preventing the operation of the device, which originates from production or software, the maintenance shall be carried out by the Seller free of charge for a period of 1 year (warranty period). If the fault is caused by the Buyer, maintenance will be carried out for a certain fee. Since the maintenance fee may change depending on the fault, a different fee schedule will be applied for each concrete case. For each fault after the warranty period has expired, the Seller will carry out maintenance for different fees depending on the fault.

Article 2.5 - In case of any problem or malfunction in the device, the Buyer shall contact the Seller directly and immediately within 10 business days from the moment the malfunction occurs. If the Buyer does not contact the Seller and maintenance or repair is attempted by third parties, a penalty fee shall apply. In case of any component or software problem, the Seller shall be contacted within 10 business days from the date of malfunction. Otherwise, the Seller does not accept any legal or economic responsibilities.

Article 2.6 - Prices and taxes. Prices displayed to Consumers established in the European Union are inclusive of Belgian VAT at the applicable statutory rate and of all other unavoidable taxes and charges. The total price payable, including delivery costs, is displayed before the Buyer places the order, in accordance with Article VI.45 of the Belgian Code of Economic Law. Prices displayed to Buyers established outside the European Union are exclusive of EU VAT, such supplies being zero-rated exports or falling outside the scope of EU VAT; any import duties, import VAT, customs clearance fees or other charges levied in the country of destination are payable by the Buyer. Prices agreed with Business Buyers outside the online store are exclusive of taxes unless expressly stated otherwise.

3 - WARRANTY PERIOD, DELIVERY AND TRANSPORTATION OF MATERIALS

Article 3.1 - All kinds of transportation expenses related to the performance of the works regulated in this contract are excluded from the contract price.

Article 3.2 - The Seller is obliged to deliver the materials it produces within tolerances in accordance with international standards.

Article 3.3 - After the delivery of the materials to the Buyer, all damages and losses arising from problems that are not caused by the quality of the materials are under the responsibility of the Buyer.

Article 3.4 - In case of problems detected in the materials, the Buyer shall notify the Seller in writing without delay and within 10 business days at the latest from the date of the problem. In case of problems caused by the Seller as a result of the tests to be carried out, the Seller is responsible for re-supplying the materials.

Article 3.5 - The warranty period of the materials is 1 year.

4 - CONFIDENTIALITY

Article 4.1 - All rights of the hardware and software add-ons included in this contract and included in the device called "OBDPortal" belong to the Seller, and the Buyer party guarantees and undertakes that the information of any add-on in these add-ons and on the device will not be copied by itself or a third party. The Buyer accepts, declares and undertakes to pay the damages that will arise against all judicial and administrative procedures to be carried out regarding any copying of the design, software and add-ons on the device and, in addition, to pay the penalty fee included in the penalty clause section of this contract and not to work with the company called OBDPortal again.

5 - VEHICLE AND PERSONAL DATA PROCESSED BY THE DEVICE

Article 5.1 - The Buyer party has given its consent in advance for all data to be obtained regarding any hardware add-on that is included in the design of the device and that enables fault detection, which is the main function of the device, and no legal liability can be imposed on any Seller party in this regard.

Article 5.2 - Any vehicle data obtained through hardware add-ons in the device will not be stored or processed in any way beyond what is necessary for fault detection, and the Seller party accepts, declares and undertakes this situation in advance.

Article 5.3 - Hardware add-ons on the device do not collect any data when the device is turned off and the Seller undertakes this situation. Hardware add-ons are active only when the device is working and has an internet connection, and are used only for troubleshooting purposes. The Buyer, with the approval of this contract, gives express consent and approval in advance to the collection of data evaluated within the scope of personal data that will emerge thanks to the hardware add-ons included in the device subject to the contract.

Article 5.4 - Although the Seller party does not accept any legal and statutory liability regarding the disputes that may arise with the personal data that emerges, the parties have mutually agreed on this matter.

Article 5.5 - Relationship with the GDPR. Where data described in this Section constitutes personal data, it is processed in accordance with Regulation (EU) 2016/679 (GDPR) and our Privacy Policy. The legal bases are performance of this Contract (Article 6(1)(b) GDPR) and the legitimate interest in diagnosing and repairing vehicles (Article 6(1)(f) GDPR). Acceptance of this Contract does not constitute consent within the meaning of Article 4(11) GDPR, and nothing in Articles 5.1 to 5.4 removes or limits a data subject's rights of access, rectification, erasure, restriction, portability and objection, or the right to lodge a complaint with the Belgian Data Protection Authority (Gegevensbeschermingsautoriteit / Autorité de protection des données, Rue de la Presse 35, 1000 Brussels, contact@apd-gba.be).

Article 5.6 - Where the Buyer is a garage or workshop using the Product on a vehicle belonging to its own customer, the Buyer acts as an independent controller in respect of that person's data and is responsible for informing them and for having a valid legal basis. Article 5.4 does not exclude the Company's own statutory liability under the GDPR, which cannot be excluded by contract.

6 - BUYER'S OBLIGATIONS

Article 6.1 - The Buyer accepts, declares and undertakes to show due care and attention to the materials sold, to use the goods subject to the contract within the standards determined by the Seller, to notify the Seller in writing in case of any failure, and to not copy any data or add-ons related to the device by third parties or by themselves.

Article 6.2 - For each transaction in which the device will be used, the Buyer shall:

Pay the fee amount in advance to the Seller's account information.
Not intervene in any physical or software sense in the device.
Not sabotage the software or any support by intervening in the internet connection provided to the device while it is operating.
Not copy or sabotage the actions used by the device and provided by the Seller company in any way.
Not subject the device to any external intervention.
Contact the Seller immediately if any problem occurs in the device or if any problem is experienced with the device.
Fully participate in the information meetings given by the Seller and act in accordance with the information provided.
Provide a stable internet connection to the device and a voltage stabilizer in the vehicle.
Carry out the activities requested by the OBDPortal service center during the transaction.
Check the documents such as the engine chassis number, license information and driver's identity document for the vehicle coming to the service and check that there is no discrepancy.
Not sell the device to any third party as second hand.
Not share the USER ID and password given by the Seller with third parties.
Not allow anyone other than themselves to use the device with their own information.

The Buyer party accepts, declares and undertakes in advance that it will fulfill these obligations.

7 - TIME FRAMEWORKS WHERE SERVICES WILL BE PROVIDED BY THE SELLER

Article 7.1 - The Seller party accepts, declares and undertakes to provide the services requested by the Buyer and included in the definition of the device, every day between the hours stated on the official OBDPortal website, except for Sundays (weekly holidays) and days called national and religious holidays, after the amount agreed upon for each transaction is paid in advance to the specified bank account by the Buyer party.

Article 7.2 - In cases where the Seller party cannot provide service due to force majeure, such as server maintenance or the absence of an assistant to perform the transaction, the Seller party will immediately notify the Buyer.

8 - PENALTY CLAUSE

Article 8.1 - The Buyer party accepts, declares and undertakes that if it does not comply with the obligations regulated under the Buyer obligations article in this contract, it will fulfill the obligation within 14 business days from the notification of the warning letter to the Seller party stating the act it has violated, which will be sent to it within 7 business days. If the obligation is not fulfilled within this period, the Buyer shall pay the applicable penalty amount to the Seller party, deliver the device to the Seller party in full, and shall not make any further demands.

The Buyer accepts, declares and undertakes that in the event that any of the rights protected by the Seller regarding the device are violated by the Buyer, this contract will be terminated unilaterally by the Seller immediately and without the need for a notice, and the Buyer will immediately pay the Seller 50% more than the penalty determined for the breach of obligations, without the need for any notice, and the Buyer will deliver the device immediately.

In the event that the confidentiality clause in Article 4 of this contract is violated, the Buyer accepts, declares and undertakes to pay the Seller the applicable material performance penalty.

9 - REASONS FOR JUSTIFIED TERMINATION OF THE PARTIES

Article 9.1 - In the event that the Buyer party violates its obligations in the confidentiality section of this contract and upon detection of this, the Seller party shall unilaterally terminate the contract without making any notification.

10 - GENERAL PROVISIONS

Article 10.1 - The Buyer accepts, declares and undertakes that they have read and are informed about the basic characteristics, sales price and payment method of the product subject to the contract, and all preliminary information regarding delivery, and has given all necessary approvals.

Article 10.2 - The product subject to the contract shall be delivered to the Buyer within 30 business days following the date of agreement between the parties and the signing of this contract. For a Buyer who is a Consumer, the Company delivers without undue delay and in any event no later than thirty (30) calendar days after the conclusion of the contract, in accordance with Article VI.43 of the Belgian Code of Economic Law. If the Company fails to deliver within that period, the Consumer may call upon the Company to deliver within an additional period appropriate to the circumstances and, if the Company fails to do so, may terminate the contract and obtain reimbursement of all sums paid without undue delay. After the Buyer party receives the device, the delivery report included in the annex of this contract shall be signed by the parties.

Article 10.3 - If the subject of the contract is to be delivered to a third party authorized by the Buyer, this situation is recorded in the delivery report and signed by the parties. The authorization document is attached to the Delivery Report. The Buyer is obliged to notify the Seller that the product will be received by a third party.

Article 10.4 - The Seller is responsible for delivering the product subject to the contract intact, complete, up-to-date and with all its attachments.

Article 10.5 - For the delivery of the product, this contract must be signed by the parties and the sales price must be paid by the preferred method. If the product price is not paid or the bank records are canceled for any reason, the Seller is deemed to have been released from the obligation to deliver the product.

Article 10.6 - If the relevant bank or financial institution does not pay the price of the product to the Seller due to the unauthorized use of the Buyer's bank accounts or credit cards, whether or not due to the Buyer's fault, the Buyer must return the product delivered to the Buyer or a third party authorized by the Buyer to the Seller within 3 business days. The Buyer is responsible for the return costs.

Article 10.7 - If the Seller cannot deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent production or transportation, it is obliged to notify the Buyer. In this case, the Buyer may exercise one of the rights to cancel the order or postpone its delivery until the elimination of the preventing condition. If the Buyer cancels the order, the Seller shall refund the amount collected from the Buyer as the product price within 7 business days in accordance with the payment method specified in this contract. The Seller cannot be held responsible for delays caused by the bank.

Article 10.8 - In the event that the device delivered to the Buyer or a third party authorized by the Buyer is faulty or broken, the relevant product or products shall be delivered to the Seller by the Buyer within 7 business days for the necessary repair or replacement within the warranty conditions.

11 - PARTIAL INVALIDITY

Article 11.1 - If any of the articles of this contract is deemed invalid or cancelled, this situation does not affect the validity of the other articles of the contract.

12 - PROTECTION OF PERSONAL DATA

Article 12.1 - The Seller and the Buyer, since they are separate data controllers in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, accept and undertake that the obligation to inform the relevant persons before processing their data regarding the personal data to be transferred to each other has been fulfilled and that their explicit consent has been obtained in cases where explicit consent is required. The parties undertake that they process the personal data transferred to them limited to the purpose of transfer and that the necessary procedures will be carried out in accordance with the relevant legislation in case the purpose changes.

Article 12.2 - Personal data transferred during the contract period may be stored for the duration of the contractual relationship between the parties and after the termination of the contract, provided that it is in accordance with the period and limited to the purpose specified in the relevant legislation. When the relevant person applies to the data controller and requests the deletion or destruction of their personal data, if all the conditions for processing personal data are eliminated, the contracting parties shall notify the other party of this situation and ensure that the necessary procedures are carried out by the other party to whom the transfer is made.

Article 12.3 - The Buyer accepts and undertakes that they have been informed and warned by the Seller about all legal obligations regarding the personal data it processes during the contract period, and that they will fully comply with all measures prescribed by the Seller for the protection of personal data. The parties are obliged to take the measures prescribed by the legislation to prevent unauthorized access, processing and use of personal data by third parties for purposes other than the purpose for which it was transferred. Within this framework, each party declares, accepts and undertakes that it will fully and completely fulfill all obligations prescribed by the law, relevant legislation and the Belgian Data Protection Authority and the European Data Protection Board, and that otherwise it will be responsible for all damages that will occur and/or may occur.

Article 12.4 - The parties are obliged to immediately notify the other party in the event of any data breach on the personal data transferred to them. The parties accept and undertake to recourse to the other party for damages arising from failure to take the necessary security measures for the protection of personal data and the unlawful use of personal data during or at the end of the contract period (these include administrative fines to be foreseen by the relevant institution and all expenses related to compensation for damages and all kinds of damages to the business, including damage to the business image).

13 - EMISSIONS-RELATED AND TYPE-APPROVAL-RELATED FUNCTIONS

Article 13.1 - Scope. This Section applies to any procedure offered through the OBD Portal software that affects, disables, reconfigures or removes an emission control system or emission control device - including AdBlue/SCR, EGR, DPF/FAP and other particulate filters, lambda control, NOx control, and on-board diagnostic (OBD) monitoring or readiness - and to any procedure affecting speed limitation, odometer values, immobilisers or other type-approved safety or security systems ("Restricted Functions").

Article 13.2 - Restricted Functions are not supplied for on-road use in the EEA, Switzerland or the United Kingdom. Restricted Functions are not sold, licensed, supplied, marketed or otherwise made available for use on vehicles that are registered in, or operated on public roads in, the European Economic Area, Switzerland or the United Kingdom. Manipulating or disabling an emission control system on such a vehicle is prohibited by Regulation (EU) 2018/858, Regulation (EC) No 715/2007 and Regulation (EC) No 595/2009 and by the national law implementing them, and may constitute an offence for the person who performs, commissions or facilitates it. No provision of this Contract authorises such use, and no acceptance of this Contract by the Buyer can render such use lawful.

Article 13.3 - Permitted uses. Restricted Functions are made available exclusively for: (a) vehicles and machines used solely off public roads, including agricultural, forestry, mining, industrial and stationary applications; (b) vehicles used exclusively in closed-course motorsport or competition; (c) vehicles registered and operated in jurisdictions whose law does not impose the emission requirements concerned; (d) test-bench, research, remanufacturing and bench-repair work carried out on components removed from a vehicle; and (e) restoring a system to its original type-approved configuration.

Article 13.4 - Buyer's warranty and undertaking. By initiating a Restricted Function the Buyer warrants and undertakes to the Company that: (a) the vehicle falls within one of the categories listed in Article 13.3; (b) the Buyer holds every authorisation required for the work; (c) the Buyer will not place the vehicle on, or allow it to be used on, a public road in the EEA, Switzerland or the United Kingdom in the modified state; (d) where the Buyer performs the work for a third party, the Buyer has informed that third party in writing of the matters set out in this Section and holds a corresponding written declaration, which the Buyer will produce to the Company on request; and (e) the Buyer will not resell, advertise or promote the modified vehicle or the modification as suitable for road use. These warranties are a fundamental condition of the licence granted in Section 14.

Article 13.5 - Refusal, suspension and disclosure. The Company may refuse any order, may disable any Restricted Function for any Account, country, vehicle category or vehicle, and may suspend or terminate any Account, at any time and without compensation, where it has reasonable grounds to believe that a Restricted Function has been or will be used contrary to this Section. The Company may retain Account, procedure and vehicle-identification records and disclose them to a competent authority where required by law or pursuant to a valid legal request.

Article 13.6 - Allocation of responsibility. The Buyer alone decides whether to perform a Restricted Function, alone selects the vehicle, and alone bears responsibility for compliance with the law applicable to that vehicle and to its place of use. Subject to Article 16.6, the Company is not liable for administrative fines, criminal penalties, refusal of roadworthiness or emissions testing, withdrawal of type approval or registration, insurance consequences, or third-party claims arising from a use that does not comply with this Section; a Business Buyer indemnifies the Company against such claims in accordance with Section 17.

Article 13.7 - Environmental and health warning. Disabling an emission control system substantially increases emissions of nitrogen oxides and particulate matter, which are harmful to human health and to the environment. The Company draws the Buyer's express attention to this.

Article 13.8 - No legal advice. Nothing in this Section, on the Website, or in any communication from the Company constitutes legal advice or a representation that a particular use is lawful in a particular jurisdiction. The Buyer must obtain its own advice.

14 - SOFTWARE LICENSE

Article 14.1 - Subject to your compliance with this Contract, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the OBD Portal software solely for legitimate vehicle diagnostic and programming purposes.

Article 14.2 - This license is personal to the Account holder and cannot be transferred, sold, rented, leased, or shared.

Article 14.3 - The software is licensed, NOT sold. The Company retains all ownership rights to the software.

Article 14.4 - You agree NOT to:

(a) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software;
(b) Modify, adapt, translate, or create derivative works based on the Software;
(c) Copy, reproduce, distribute, or make the Software available to any third party;
(d) Remove, alter, or obscure any proprietary notices, labels, or marks on the Software;
(e) Use the Software for any unlawful purpose;
(f) Attempt to bypass, disable, or circumvent any security, authentication, or license enforcement mechanisms;
(g) Use packet sniffers, protocol analyzers, or any tools to intercept, capture, or analyze communication between the Software and the Server;
(h) Attempt to access, replicate, or reconstruct the Server-side procedures, algorithms, or databases;
(i) Share, publish, or disclose any procedures, CAN bus frames, or proprietary data obtained through the Software;
(j) Use the Software on more than one computer simultaneously per Account without prior written authorization.

Any violation of the above restrictions constitutes a material breach of this Contract and will result in immediate termination of your license and Account, without refund.

15 - TOKEN SYSTEM

Article 15.1 - Procedures are executed using Tokens, which must be purchased in advance through the Website or authorized channels.

Article 15.2 - Tokens are digital credits tied to your Account and are non-transferable between Accounts.

Article 15.3 - Token prices are displayed at the time of purchase and are subject to change without prior notice. Price changes do not affect previously purchased Tokens.

Article 15.4 - Tokens do not expire as long as the Account remains active and in good standing.

Article 15.5 - Tokens are consumed upon successful initiation of a procedure. Tokens are NOT refunded if a procedure fails due to vehicle hardware issues, wiring problems, incompatible aftermarket modifications, or user error.

Article 15.6 - Tokens MAY be refunded at the sole discretion of the Company if a procedure failure is caused by a confirmed software bug. Users must contact support with debug logs to request such a refund.

Article 15.7 - Tokens are credited to the Buyer's Account immediately after payment is confirmed. By completing the purchase, the Buyer expressly requests the immediate supply of the Tokens and acknowledges that supply of the digital content begins at the moment the Tokens are credited to an OBD Portal software Account. Once a Token has been purchased and added to an OBD Portal software Account, it is final: it will not be refunded, will not be exchanged for cash or credit, and will not be transferred to another Account, except where mandatory consumer protection law of the Buyer's country of residence provides otherwise.

16 - LIMITATION OF LIABILITY

16.1. THE PRODUCT AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

16.2. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO VEHICLES, ECUs, OR ANY OTHER VEHICLE COMPONENTS RESULTING FROM THE USE OF THE PRODUCT. THIS INCLUDES BUT IS NOT LIMITED TO:

(a) ECU brick, corruption, or malfunction;
(b) Loss of vehicle functionality or immobilization;
(c) Engine, transmission, or emission system damage;
(d) Damage caused by incorrect procedure selection by the User;
(e) Damage caused by power interruption, disconnection, or unstable connections during procedures;
(f) Damage caused by incompatible or malfunctioning PassThru hardware;
(g) Any consequential damage including loss of business, revenue, or profits.

16.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

16.4. THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS CONTRACT OR THE PRODUCT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Article 16.5 - The User uses the Product entirely at their own risk. The User is a professional or knowledgeable individual in the automotive field and bears sole responsibility for verifying the suitability of any procedure before execution.

Article 16.6 - Mandatory exceptions. Nothing in this Section or elsewhere in this Contract excludes or limits the Company's liability for: (a) death or personal injury caused by its negligence; (b) fraud, fraudulent misrepresentation, intent or gross negligence; (c) liability under the Belgian Act of 25 February 1991 and Directive 85/374/EEC on liability for defective products; (d) the legal guarantee of conformity owed to Consumers under Section 21; or (e) any other liability that cannot lawfully be excluded or limited. Articles 16.1 to 16.4 apply to Consumers only to the extent permitted by mandatory law; in particular the exclusion of implied warranties in Article 16.1 and the financial cap in Article 16.4 do not apply to a Consumer's claim under the legal guarantee of conformity. Article 16.5 does not apply to a Buyer who is a Consumer and who is not a professional in the automotive field.

17 - INDEMNIFICATION

Article 17.1 - You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) Your use or misuse of the Product;
(b) Any vehicle damage resulting from procedures performed using the Product;
(c) Your violation of this Contract;
(d) Your violation of any applicable law or regulation;
(e) Any claim by a third party related to services you performed using the Product.

Article 17.2 - This Section applies to Business Buyers only. It does not apply to a Buyer who is a Consumer.

18 - MODIFICATIONS TO THIS CONTRACT

Article 18.1 - The Company reserves the right to modify this Contract at any time. Changes will be posted on the Website with an updated "Last Updated" date.

Article 18.2 - Continued use of the Product after modifications constitutes acceptance of the revised Contract.

Article 18.3 - In relation to Consumers, Articles 18.1 and 18.2 are subject to Article 0.4: a change that is materially unfavourable to the Consumer takes effect only after thirty (30) days' individual notice and entitles the Consumer to terminate free of charge. Changes never apply retroactively to orders already placed.

19 - GOVERNING LAW AND DISPUTE RESOLUTION

Article 19.1 - This Contract is governed by Belgian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) and of rules of conflict of laws.

Article 19.2 - For a Buyer who is a Consumer habitually resident in an EU/EEA Member State, Article 19.1 does not deprive that Consumer of the protection afforded by the mandatory provisions of the law of their country of habitual residence, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I).

Article 19.3 - Any dispute should first be raised with the Company at contact@obdportal.com. The parties will attempt in good faith to resolve it within thirty (30) days. This step is a condition precedent to proceedings for Business Buyers only; a Consumer may bring proceedings at any time.

Article 19.4 - Business Buyers. Any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts of Brussels, Belgium, without prejudice to the Company's right to bring proceedings before the courts of the Buyer's domicile.

Article 19.5 - Consumers. In accordance with Articles 17 to 19 of Regulation (EU) No 1215/2012 (Brussels I recast), a Consumer may bring proceedings against the Company either before the courts of Belgium or before the courts of the Member State in which the Consumer is domiciled, and the Company may bring proceedings against a Consumer only before the courts of the Member State in which the Consumer is domiciled. Nothing in this Contract restricts that right.

Article 19.6 - Out-of-court settlement. A Consumer may submit a complaint free of charge to the Belgian Consumer Mediation Service (Consumentenombudsdienst / Service de Médiation pour le Consommateur), Boulevard du Roi Albert II 8 bus 1, 1000 Brussels, Belgium - contact@consumerombudsman.be - www.consumerombudsman.be. Cross-border complaints may also be addressed to the European Consumer Centre Belgium (www.eccbelgium.be). Consumers may report an infringement to the FPS Economy, SMEs, Self-Employed and Energy (www.economie.fgov.be). The Company is not affiliated to a sector-specific ADR body and is not obliged to participate in ADR proceedings, but will consider any such request in good faith.

20 - RIGHT OF WITHDRAWAL (CONSUMERS)

Article 20.1 - Principle. A Consumer has the right to withdraw from a distance contract within fourteen (14) calendar days without giving any reason and without incurring any cost other than those set out below, in accordance with Articles VI.47 to VI.53 of the Belgian Code of Economic Law and Directive 2011/83/EU.

Article 20.2 - Time limits. The withdrawal period expires fourteen (14) calendar days after: (a) for goods, including the OBDPortal device, the day on which the Consumer or a third party indicated by the Consumer, other than the carrier, acquires physical possession of the goods, or of the last item where several items are ordered together; (b) for services and for digital content, the day on which the contract is concluded.

Article 20.3 - How to withdraw. To exercise the right of withdrawal the Consumer must inform the Company by an unambiguous statement sent to OBDPORTAL BV, Bergensesteenweg 83b, 1651 Beersel, Belgium, or by email to contact@obdportal.com. The Consumer may use the model withdrawal form set out in the Annex to this Contract but is not obliged to do so. It is sufficient that the communication is sent before the withdrawal period expires.

Article 20.4 - Effects of withdrawal. The Company reimburses all payments received, including the cost of standard delivery, without undue delay and in any event no later than fourteen (14) days after being informed of the withdrawal, using the same means of payment as used for the initial transaction unless otherwise expressly agreed, and at no cost to the Consumer. Where goods have been supplied, the Company may withhold reimbursement until it has received the goods back or the Consumer has supplied evidence of having sent them back, whichever is earlier. The Consumer must send the goods back without undue delay and in any event within fourteen (14) days of communicating the withdrawal, and bears the direct cost of return. The Consumer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

Article 20.5 - Exception for digital content supplied immediately (Tokens). Under Article VI.53, 13° of the Belgian Code of Economic Law and Article 16(m) of Directive 2011/83/EU, the right of withdrawal does not apply to the supply of digital content not supplied on a tangible medium where performance has begun with the Consumer's prior express consent and with the Consumer's acknowledgement that the right of withdrawal is thereby lost, and where the Company has provided confirmation of that consent on a durable medium. Tokens are credited to the Account immediately after payment is confirmed. By completing a purchase of Tokens the Consumer expressly requests that supply begin immediately and acknowledges that the right of withdrawal is lost once the Tokens are credited to the Account; the Company confirms that consent and acknowledgement in the order confirmation sent by email. Where that express consent, acknowledgement and confirmation have not been validly obtained, the Consumer retains the right of withdrawal in respect of Tokens for fourteen (14) calendar days and, on withdrawal, is reimbursed in full for Tokens that have not been used.

Article 20.6 - Exception for services fully performed. Where the Consumer has expressly requested that a service begin during the withdrawal period, the right of withdrawal is lost once the service has been fully performed. If the Consumer withdraws while the service is only partly performed, the Consumer pays an amount proportionate to what has been supplied.

Article 20.7 - Business Buyers. This Section applies to Consumers only. Business Buyers have no statutory right of withdrawal.

21 - LEGAL GUARANTEE OF CONFORMITY (CONSUMERS)

Article 21.1 - Independently of any commercial warranty, the Company is liable to a Consumer under the legal guarantee of conformity provided by Articles 1649bis to 1649octies of the Belgian Civil Code and by Directives (EU) 2019/771 (goods) and (EU) 2019/770 (digital content and digital services), for any lack of conformity existing at the time of delivery and becoming apparent within two (2) years of delivery.

Article 21.2 - A lack of conformity becoming apparent within one (1) year of delivery is presumed to have existed at the time of delivery, unless the contrary is proved or unless that presumption is incompatible with the nature of the goods or of the lack of conformity.

Article 21.3 - Where goods are not in conformity, the Consumer is entitled, free of charge, to have them brought into conformity by repair or replacement and, where that is impossible, disproportionate, not carried out within a reasonable time, or not carried out without significant inconvenience to the Consumer, to a proportionate reduction of the price or to termination of the contract, in accordance with the law.

Article 21.4 - For digital content and digital services supplied continuously, the Company is liable for any lack of conformity occurring during the period of supply and provides the updates, including security updates, necessary to keep the digital content in conformity.

Article 21.5 - The one-year commercial warranty described in Articles 1.5, 2.4 and 3.5 is granted in addition to, and does not restrict or replace, the legal guarantee described in this Section. The notification periods of seven (7) and ten (10) business days set out in Articles 2.5, 3.4, 6.1 and 10.8 do not apply to Consumers; a Consumer must inform the Company of a lack of conformity within two (2) months of discovering it. Claims are made by email to contact@obdportal.com, quoting the order number and describing the defect.

22 - CONTACT INFORMATION AND COMPANY IDENTIFICATION

For questions regarding this Contract, to exercise the right of withdrawal, or to make a complaint, please contact:

OBDPORTAL BV
Private limited company incorporated under Belgian law
Registered office and correspondence address: Bergensesteenweg 83b, 1651 Beersel, Belgium
Enterprise number (KBO/BCE): 1013.816.284
VAT number: BE 1013.816.284
Register of Legal Entities (RPR/RPM): Brussels
Legal form: Besloten Vennootschap (BV) / Société à responsabilité limitée (SRL)
Email: contact@obdportal.com (alternative: contact.obdportal@gmail.com)
Telephone: +32 2 844 56 03
Website: obdportal.com
Director: Yildirim Oz

ANNEX - MODEL WITHDRAWAL FORM

Complete and return this form only if you wish to withdraw from the contract. Use of this form is optional.

To: OBDPORTAL BV, Bergensesteenweg 83b, 1651 Beersel, Belgium — contact@obdportal.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):

Description of the goods or service: ____________________________
Ordered on (*) / received on (*): ____________________________
Order number: ____________________________
Name of consumer(s): ____________________________
Address of consumer(s): ____________________________
Signature of consumer(s) (only if this form is notified on paper): ____________________________
Date: ____________________________

(*) Delete as appropriate.