 Lifetime warranty  Verified by experts

General terms and conditions of the

Carly Solutions GmbH & Co.

Scope of Application

(1) These general terms and conditions ("GTC") apply to all contracts concluded between us, Carly
Solutions GmbH & Co KG, Kolpingring 8, 82041 Oberhaching, Germany, Managing Directors Parvis Avini
and Avid Avini, Registration Number HRA 108068, Registration Court Munich, Phone: +49 89 45225817, E-
Mail: [email protected] (" Carly" or "We" or "Us") and you as our customer ("You" or the "Customer")
regarding the hardware and software offered by us. The GTC apply regardless of whether You are a
consumer, entrepreneur or merchant.

(2) A Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be
attributed predominantly to his commercial or self-employed professional activity. On the other hand, an
entrepreneur is any natural or legal person or partnership with legal capacity who or which, when
concluding the contract, acts on behalf of his or its commercial or self-employed professional activity.

(3) All agreements made between You and Us in connection with the purchase contract and/or agreement
for use of software (License) result in particular from these terms and conditions of sale, our written order
confirmation and our declaration of acceptance.

(4) The version of the GTC valid at the time of conclusion of the contract shall apply.

(5) We do not accept any deviating terms and conditions of the Customer. This also applies if We have not
expressly objected to their inclusion.

Conclusion of contract

(1) The presentation of goods in our internet store is not equivalent to a legally binding contract offer, but
is only a non-binding invitation to order our goods. By ordering the desired goods, You submit a binding
offer to conclude a purchase contract.

(2) Once an order is submitted in our internet store, the following rules apply: You make a binding contract
offer by successfully completing the order procedure provided in our internet store. The order consists of
the following steps:

(a) Selecting of the desired goods

(b) Registering a user account or logging in with an existing user account

(c) Entering the invoice data

(d) Accepting the GTC, privacy policy and revocation policy

(e) Selecting the payment option and entering the information required for payment.

(f) Binding submission of the order by clicking on the button "order with costs" or "buy".
Before the binding submission ofLifetime
Your order, You can return
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by experts
details are recorded and correct input errors or cancel the order process by closing the internet browser
by pressing the "back" button displayed in the internet browser You are using after submitting Your

details. We will confirm the receipt of the order immediately by an automatically generated e-mail ("order
confirmation"). Such confirmation does not constitute a binding acceptance of the order, unless, in
addition to the confirmation of receipt, the acceptance is declared at the same time.

(3) Storage of the contract text for orders via our internet store: We will send You the order data and our
GTC by e-mail. You can also view the GTC at any time at [https://www.mycarly.com/company/terms-and-
conditions/] For security reasons, Your order data is no longer accessible via the Internet.

(4) The contract is concluded in English.

(5) The goods offered in the store are sold only to consumers and companies as end users. The
commercial resale of the goods is not permitted.
Prices, shipping costs, payment, due date

(1) The stated prices include the statutory sales tax and other price components. In addition, shipping
costs are displayed in our price specifications in our online store. The price including VAT and applicable
shipping costs is also displayed in the order mask before You submit the order.

(2) You have the option of payment via Paypal, credit card, purchase on account, direct debit, hire-
purchase.

(3) You also have the option of acquiring a subscription of the software separately from the hardware from
the sales platforms (app stores) of Google(Google PlayStore) or Apple (Apple App Store). The payment
options are defined by the Google and Apple sales platforms; for purchases and downloads, the terms of
use of the respective app store also apply.

(4) If You order products for delivery outside of the EU, they may be subject to import duties and taxes,
which will be levied once the package reaches the specified destination. Any additional fees for customs
clearance must be borne by You; We have no control over these fees. Customs regulations vary widely
from country to country, so You should contact Your local customs authority for more information. Further,
please note that when You order from Us, You are considered the importer and must comply with all laws
and regulations of the country in which You receive the products. The protection of Your data is important
to Us and we would like to make our international Customers aware that cross-border shipments are
subject to inspection by customs authorities and may be opened in the process.

(5) Discount codes are issued either as part of marketing promotions or for goodwill reasons. Each
discount code has an equivalent value, which is stored on our website in the form of a monetary amount
or a percentage discount. The given discount is valid only for the first year or billing period. In the
following year or billing period, the standard, non-discounted sales price will be charged and collected.
Discount codes may be subject to one or more restrictions with regard to their usability: they may be
personal, have a limited validity period, or be valid only for a previously defined service. Likewise, they can
only be redeemed in limited numbers. They may also be linked to a minimum order value. Discount codes
issued as a gesture of goodwill are also personal and non-transferable. A cash payment of discount code
values is excluded.

Delivery dates/execution of the contract

(1) The delivery time depends on the country:

EU countries: up to 7 - 12 days

Non-EU countries: up to 7- 15 days

In case of advance payment,  theLifetime
delivery period begins on
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commissioned with the transfer has been issued. For all other payment methods, the delivery period
begins on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public

holiday at the place of delivery, the deadline ends on the next working day.

(2) If failure to meet deadlines is due to unforeseen obstacles beyond our control, the delivery dates shall
be extended accordingly.

(3) We are also entitled to provide our services in partial deliveries. In this case, the full shipping costs
may be incurred for each partial delivery.
Reservation of proprietary rights

We reserve proprietary rights of the delivered products until the purchase price is fully paid.

Right of withdrawal for European consumers

(1) When concluding a distance contract, consumers generally have a statutory right of withdrawal, which
We will be informing about below in accordance with the statutory model. The exceptions to the right of
withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample cancellation form.

WITHDRAWAL POLICY

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which You or a third party named by You, who
is not the carrier, has taken possession of the goods.

In order to exercise Your right of withdrawal, You must inform s (Carly Solutions GmbH & Co KG,
Kolpingring 8, 82041 Oberhaching, Germany) of Your decision to withdraw from this contract by means
of a clear declaration (e.g. a letter sent by post, fax or email: shop @mycarly.com). You can use the
attached sample cancellation form for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that You send the notification of the
exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If You withdraw from this contract, We shall reimburse You all payments We have received from You,
including delivery costs (with the exception of additional costs resulting from the fact that You have
chosen a type of delivery other than the favorable standard delivery offered by Us), without undue
delay and within fourteen days from the day on which e received the notification of Your withdrawal of
this contract. For this repayment, We will use the same means of payment that You used for the original
transaction, unless expressly agreed otherwise with You; in no case will You be charged for this
repayment.

We may refuse to refund You until We have received the goods back or until You have provided proof
that You have returned the goods, whichever is the earlier.

You must return or hand over the goods to Us immediately and in any case no later than fourteen days
from the day on which You notify Us of the withdrawal from this contract. The deadline is met if You
send the goods before the expiry of the period of fourteen days.

You bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods
if this loss of value is due to the handling of the goods which is not necessary for the inspection of the
condition, properties and functioning
 Lifetimeofwarranty
the goods.  Verified by experts

END OF THE WITHDRAWAL POLICY


(2) Your right of withdrawal shall expire prematurely in case of a contract regarding the delivery of digital
content that is not on a physical data carrier if You have expressly agreed that We shall execute the
contract before the expiry of the withdrawal period and You have confirmed Your knowledge that by
giving Your consent You lose Your right of withdrawal upon execution of the contract.

(3) We are informing about the sample withdrawal form as follows:

(If You want to cancel the contract, please fill out and return this form).

Sample withdrawal form

To Carly Solutions GmbH & Co KG, Kolpingring 8, 82041 Oberhaching, Germany

I/we (*) hereby withdraw from the contract concluded by me/us (*)

on the purchase of the following goods (*)/provision of the following service (*)

Ordered on (*)/received on (*) _

Name of consumer(s) _

Address of the consumer(s) _

Signature of the consumer(s) (only in case of notification on paper)

Datum _

(*) Delete as applicable

Warranty

The statutory provisions shall apply unless stipulated otherwise in the following.
Limitation of liability  Lifetime warranty  Verified by experts


(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the
Customer arising from injury to life, limb or health or from the breach of essential contractual obligations
(cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent
breach of duty by us, our legal representatives or vicarious agents. Material contractual obligations are
those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, We shall only be liable for the foreseeable
damage typical for the contract if such damage was caused by simple negligence, unless the Customer's
claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs (1) and (2) shall also apply in favor of our legal representatives and
vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs (1) and (2) shall not apply insofar as We have
fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same shall
apply insofar as We have entered into an agreement with You regarding the quality of the item. The
provisions of the Product Liability Act shall remain unaffected.

Copyrights/Intellectual Property

We retain copyrights to all images, texts and films that are published in our online store or on our website.
Use of the images, films and texts is not permitted without our express consent.

App software

You are granted a non-transferable right of non-commercial use for the app software offered by Us for
use by You during the time of your license rental. All other rights (ownership and exploitation rights) to the
software and the documentation remain with Us. (2) Copies of our software may not be made.

License-service

(1) We offer a license service that allows our Customers to access vehicle-specific features in the app
software. The specific scope of services depends on the vehicle model. You can view a list of the license
prices here: [https://www.mycarly.com/brand/].

(2) The license runs for at least one year or one month (depending on the chosen license) and is
automatically renewed for another year or month (depending on the chosen license) at a time if it is not
terminated at least one months before the end of the annual or at least one week before the end of the
monthly period (depending on the chosen license). In this case, We or the respective app store operators
are authorized to collect the license fee for the duration of the renewal period including taxes applicable
at that time via the payment method specified by You. A termination of the license contract can be
submitted in writing or in text form (e.g. via contact form). The right to extraordinary termination remains
unaffected.

(3) The license rental agreement may begin with a free trial period, the duration of which will be specified
prior to the conclusion of the license agreement. Unless You cancel Your license agreement before the
end of the free trial period or exercise Your consumer withdrawal right, We or the relevant app store
operator will charge Your payment method for the annual period at the end of the free trial period. You will
not be able to reactivate the free trial after cancellation.
(4) We will inform You if the price of a paid license rental increases
 Lifetime warranty  Verifiedand, where necessary, obtain Your
by experts
consent.

(5) If payment of Your license fees is not possible via the payment methods selected by You, We reserve

the right to terminate Your license agreement unless You provide Us with a new payment method. The
license period will then begin in accordance with the original invoice date and not from the date payment
was made. You will be liable for any unpaid license during this period.
Value Voucher

(1)A value voucher that you purchase from us ("Voucher") can only be redeemed at
[https://www.mycarly.com].

(2)The credit balance of a Voucher is in euros and does not bear interest. A cash redemption is not
possible. After purchase, the voucher will be sent via email. The voucher and any remaining credit are
redeemable until the end of the second year after the year following the voucher purchase date.

(3)The voucher can only be redeemed before the order process is completed. A redemption after receipt
of the order by us or subsequent settlement is not possible. Only one voucher can be redeemed per order.
The voucher can only be used for the purchase of goods and services and not for the purchase of further
vouchers. The voucher credit expires with ( partial) redemption.

(4)The voucher is transferable. We can make payments to the respective holder with a discharging effect.
This does not apply if we have knowledge or grossly negligent ignorance of the ineligibility, legal
incapacity or lack of representative authority of the respective holder. The duplication, editing or
manipulation of the goods vouchers is not permitted. In case of loss, theft or illegibility of the voucher as
well as spelling mistakes in the email address of the voucher recipient, we assume no liability and cannot
replace the goods voucher.

Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on
Contracts for the International Sale of Goods. If You have placed the order as a consumer and have Your
residence in another country at the time of Your order, the application of mandatory legal provisions of
this country shall remain unaffected by the choice of law made in sentence 1.

(2) If You are a merchant and have Your registered office in Germany at the time of the order, the exclusive
place of jurisdiction is the registered office of the seller, Oberhaching. Otherwise, the applicable statutory
provisions shall apply to the local and international jurisdiction.

Privacy

Our current privacy policy can be viewed here..

Customer service / complaints

(1) You can contact Us by letter, telephone or e-mail with questions, comments, complaints and to make
other statements:

(2) Carly Solutions GmbH & Co KG, Kolpingring 8, 82041 Oberhaching Germany Phone: +49 89 45225817
E-mail: [email protected]

(3) We are not legally obligated to participate in the consumer dispute resolution procedure according to
the Consumer Dispute Resolution Act. We refrain from voluntary participation in the sense of Section 36
para. 1 no. 1 Act on Alternative
Dispute
LifetimeResolution
warranty in Consumer Matters.
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***
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Status of the GTC: September 2023

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