DRAFT — pending legal review

Terms and conditions

Version of {{last updated date}} — for business customers only.

1. Scope

These terms and conditions (the "Terms") govern access to and use of the Plateva online service (the "Service"), provided by ADKSOFT Ltd ("Plateva", "we"), by any motor trade professional — dealership, agent, used-car trader — acting in the course of its business (the "Customer"). The Service is not intended for consumers.

Creating an account constitutes acceptance of these Terms. They prevail over any Customer document unless otherwise agreed in writing (in particular for the Enterprise plan).

2. The Service

From a vehicle registration, Plateva provides: vehicle identification, an analysis of comparable market listings, an estimate of reconditioning costs from photos, technical watch points, a recommended retail price and a maximum buy-in price. The Service is accessed through a web browser.

3. Indicative nature of valuations

Valuations, prices, reconditioning costs and watch points provided by the Service are indicative. They are not a professional vehicle inspection or certified valuation, nor an offer to buy or sell. They rely on third-party data (published listings, vehicle data providers) and on automated processing, including artificial intelligence, which may contain errors or omissions.

The Customer remains solely responsible for its buy-in, purchase and sale decisions, for inspecting and test-driving the vehicle, and for checking its condition, history and legal status.

4. Account and users

The Customer creates an account and appoints an administrator, who may invite users within the limits of the plan. Credentials are personal and confidential; the Customer is responsible for all use of its account.

5. Free trial

Each new Customer receives {{number}} free valuations (3 at the date of these Terms), with no payment method and no time limit, once its email address is verified. One trial is granted per email address and per company number. Once the trial is used, the account remains available in read-only mode.

6. Plans, prices and allowances

Plans, prices, monthly valuation allowances, numbers of users and sites, and overage rates are those published on the Pricing page on the date of subscription. Prices exclude VAT.

A "valuation" is an appraisal sheet for which a market search is performed. Reopening or editing an existing sheet does not count. The allowance is monthly, including for annual subscriptions, and renews each month; unused valuations do not roll over.

Beyond the allowance, as chosen by the Customer in its Subscription area: either each extra valuation is billed at the plan's overage rate, or new valuations are blocked until renewal or an upgrade. An alert is shown at 80% and 100% of the allowance.

Plateva may change its prices with {{30}} days' notice by email; the change applies from the next renewal. The Customer may cancel before that date.

7. Billing and payment

Subscriptions are payable in advance, monthly or annually, by card or any method offered by our payment provider Stripe. Overage is billed in arrears with the next period's invoice. Invoices are issued by ADKSOFT Ltd and available in the Subscription area.

VAT: {{VAT treatment to be confirmed by the accountant — e.g. reverse charge for VAT-registered EU business customers}}. The Customer provides a valid VAT number and keeps it up to date.

If a payment fails, Plateva notifies the Customer; until payment is made, new valuations are suspended while history remains available. Late payment interest and compensation apply as provided by law {{to be confirmed}}.

8. Term and cancellation

Subscriptions have no commitment beyond the current period (month or year) and renew automatically. The Customer may cancel at any time from its Subscription area; cancellation takes effect at the end of the current period. Amounts paid for the current period are not refunded {{to be confirmed}}.

Plateva may suspend or terminate an account for serious breach by the Customer (including fraudulent use, bulk data extraction, resale of the Service), after notice that has remained unremedied for {{15}} days, except in an emergency.

After cancellation, Customer data is kept for {{period}} and then deleted; the Customer may request an export before then.

9. Customer obligations

• Use the Service for its intended purpose, in accordance with applicable law and these Terms;
• not extract, resell or make available to third parties data from the Service, nor attempt to bypass its technical limits;
• hold the rights to the photos it uploads and avoid including people in them;
• inform its staff and, where relevant, vehicle owners about the processing of their data.

10. Availability

Plateva uses reasonable efforts to keep the Service available, without guaranteeing uninterrupted access. Interruptions may occur for maintenance or because of third-party providers (data sources, hosting). A service level agreement is only available under the Enterprise plan.

11. Liability

Plateva is not liable for the Customer's business decisions, nor for indirect or consequential loss (loss of margin, revenue, goodwill or opportunity). Plateva's total liability is limited to {{the amount excluding VAT paid by the Customer in the twelve (12) months preceding the event giving rise to the claim — to be confirmed}}. Nothing in these Terms limits liability that cannot be limited by law.

12. Personal data

Plateva processes the personal data of the Customer's users in accordance with its privacy policy. For data the Customer enters into the Service (registrations, photos, appraisal sheets), Plateva acts as a processor under Article 28 of the (UK) GDPR; the processing terms are set out in the data processing agreement {{to be appended: DPA}}.

13. Intellectual property

The Service, its software, algorithms and content remain the property of ADKSOFT Ltd. The Customer has a non-exclusive, non-transferable right of use for the duration of its subscription. The Customer retains its rights in its data and photos and grants Plateva the right to process them to provide the Service.

14. Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control.

15. Governing law and disputes

{{Governing law and jurisdiction to be confirmed — e.g. the laws of England and Wales and the courts of England and Wales}}. The parties will seek an amicable solution before any proceedings.

16. Contact

ADKSOFT Ltd — {{registered office address}} — contact@plateva.fr