General Terms and Conditions of D5T5

(version 1/2018, effective from 1. 1. 2019)

 

 

1.    BASIC PROVISIONS

  1. These general terms and conditions (hereinafter referred to as the “Terms and Conditions") define the basic rights and obligations in connection with the provision of products and services to customers, offered on the websites www.d5t5.cz or www.d5t5.com (hereinafter referred to as the “Website”) or through them by the operator of the Website in accordance with § 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”).

  2. Products and services refer in particular to the offering of the use of a software product designed for communication with Volvo vehicles via the OBD socket using a standard DiCE diagnostic cable, which is necessary to use the original Volvo Vida diagnostics (hereinafter “VDASH”), or services/products related to or using VDASH (hereinafter “Partial Services”).

  3. The author of VDASH, the operator of the Website, and the provider of VDASH and Partial Services is the company D5T5 s.r.o., with its registered office at Smetanova 552, 473 01 Nový Bor, Company ID 03175421, VAT ID CZ03175421, registered with the Municipal Court in Prague, file no. C 228284 (hereinafter referred to as “D5T5”).

2.    CONTRACTUAL RELATIONSHIP

  1. The VDASH software product can only be used based on a duly concluded license agreement (LICENSE AGREEMENT FOR USE OF VDASH SOFTWARE) in the manner specified therein (hereinafter “LA”).

  2. Partial Services are provided by D5T5 through its employee based on an order and its acceptance by D5T5. In the case of use of a Partial Service, only a D5T5 employee uses VDASH to install a particular functionality in the customer’s vehicle, not the customer themselves. The provision of a Partial Service is governed by an individual agreement between the customer and D5T5 and these Terms and Conditions. In the event of a conflict between the Terms and Conditions and the individual written agreement, the provisions of the individual written agreement shall prevail.

  3. After concluding the LA or individual agreement, D5T5 is obliged to provide the customer with the functionalities of VDASH or Partial Services as agreed. The customer is obliged to pay the agreed price to D5T5.

  4. D5T5 is not obliged to accept an order for the provision of LA or Partial Services. This applies especially in cases where:
    • the customer has previously failed to fulfill their obligations in relation to other Partial Services or obligations arising from the LA (e.g. failed to pay the agreed price);
    • the customer orders a Partial Service with an obviously experimental function (or D5T5 designates it as such), and D5T5 has doubts whether the customer understands the Partial Service and is an expert in the field. Experimental Partial Services are intended only for professionals (e.g. car services), even if they use them for personal purposes or as non-entrepreneurs.

  5. By using VDASH or making use of Partial Services, the customer accepts these Terms and Conditions as binding for all obligations to be fulfilled by either D5T5 or the customer under the LA or individual agreement. For the avoidance of doubt, it is stated that these Terms and Conditions always apply unless other conditions are explicitly agreed between D5T5 and the customer that exclude the use of these Terms and Conditions. They form an integral part of the LA or relevant individual agreement.

3.    SERVICE PRICE AND PAYMENT METHOD

  1. The price list for individual actions within VDASH, including payment conditions and invoicing process, is available to authorized users after logging into VDASH.

  2. The price for Partial Services is agreed upon in the individual agreement between the customer and D5T5. Unless other due dates are agreed, the customer must pay the full price for the ordered Partial Services after the service is rendered using payment methods accepted by D5T5.

  3. Accepted payment methods for Partial Services, the VDASH registration fee, or credit top-up within the VDASH credit system include:
  1. In the case of a bank transfer, the customer must include the variable symbol. The customer's payment obligation is fulfilled upon the amount being credited to the D5T5 account.

  2. If the customer delays payment, they must pay D5T5 interest on late payment of 0.05% of the outstanding amount per day until full payment. D5T5 may also request a reasonable advance payment for the Partial Service.

  3. If VDASH services are terminated or prematurely ended in accordance with the law, LA, or individual agreement due to reasons not caused by the customer, the customer is entitled to a refund for unused VDASH services (unused credits from the credit system).

4.    LIMITATION OF LIABILITY

  1. VDASH and Partial Services are intended only for professional and informed users and D5T5 strictly recommends following the instructions in VDASH updates or communicated by D5T5. Any use of VDASH (especially regarding the possible impact on vehicle warranty) or Partial Services should be consulted with the vehicle’s dealer/manufacturer in advance. D5T5 is not responsible for any damage caused to the customer or third parties by the use of VDASH (particularly as a diagnostic tool).

  2. The customer is responsible for properly familiarizing themselves with the use of VDASH and must ask D5T5 about any uncertainties.

  3. By concluding the LA or individual agreement for Partial Services, the customer acknowledges that VDASH or the Partial Service may contain experimental or beta-version features (if this is clear from the description or if D5T5 marks it as such). Ordering the installation of such a feature via VDASH or a Partial Service is at the customer’s own risk. Due to the nature of such services, D5T5 is not liable for any damage caused by these features.

  4. Unless expressly stated otherwise in a written agreement with the customer, the customer declares that they are concluding the agreement in connection with their business or professional activity or another activity under the law. VDASH and Partial Services are intended only for professionals (e.g. car services), even if used personally or as non-business individuals.

5.    WITHDRAWAL, COMPLAINTS AND CLAIMS

  1. Due to the nature of the delivered product or service (VDASH software and its functionalities or Partial Services are digital content not supplied on a tangible medium), the customer does not have the right to withdraw from the contract after the installation of the relevant functionality into the vehicle via VDASH or a Partial Service.

  2. Objections, complaints, and claims regarding VDASH and Partial Services (hereinafter “Complaint”) can be submitted to D5T5. The customer is required to report the Complaint immediately upon identifying the issue and to specify the problem precisely.

  3. D5T5 will investigate and evaluate the Complaint as either justified or unjustified. If the customer installed the functionality themselves (e.g., via VDASH, known as a self-installation), they must clearly demonstrate that the function is non-functional, otherwise, the Complaint will always be considered unjustified.

  4. If the Complaint is justified, D5T5 will carry out actions to remedy the defect, restore the vehicle to its original condition (if feasible and cost-effective considering the liability limitations). D5T5 performs such actions primarily via remote access in cooperation with the customer.

  5. In the case of a justified Complaint, D5T5 will refund the price (in VDASH, by returning the relevant credits). For self-installations, the customer must prove that the vehicle was restored and the faulty functionality was uninstalled to receive a refund.

  6. Complaints will be resolved (evaluated and rectified) as soon as possible, typically within 14 days, or up to 30 days in complex cases, unless agreed otherwise in writing.

  7. Complaints cannot be accepted as justified in the following cases:

    • D5T5 was not allowed by the customer to verify the issue on the vehicle after being notified;
    • Modifications, repairs, or removal of defects were performed (or attempted) by someone other than D5T5 without their consent.

  8. If D5T5 evaluates the Complaint as unjustified, the customer will be informed without undue delay.

  9. Unused VDASH credits can be refunded within 21 days from the date of purchase.

  10. No refunds are available for the PREMIUM AI PIN DECODE service, as it is a non-reversible process. The decoded PIN is the property of D5T5 and can only be used within VDASH. The customer has no right to obtain the PIN, even after payment.

6.    OUT-OF-COURT DISPUTE RESOLUTION AND OTHER RIGHTS AND OBLIGATIONS

  1. D5T5 is not bound by any codes of conduct within the meaning of § 1826(1)(e) of the Civil Code.

  2. Although VDASH and Partial Services are not intended for consumers but are ordered in connection with business or professional activity, D5T5 cautiously informs that:

    • Complaints may be submitted to D5T5 via email: order@d5t5.com. D5T5 will respond to consumer complaints via email.
    • The Czech Trade Inspection Authority is responsible for out-of-court consumer dispute resolution: Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, website: https://adr.coi.cz/cz
    • The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is a contact point under Regulation (EU) No. 524/2013 on online consumer dispute resolution.

  3. D5T5 is authorized to operate based on a trade license. Supervision is carried out by the relevant trade office. The Office for Personal Data Protection supervises personal data protection. The Czech Trade Inspection Authority supervises compliance with consumer protection laws.

  4. The customer assumes the risk of a change in circumstances under § 1765(2) of the Civil Code.

7.    PERSONAL DATA PROTECTION AND CONFIDENTIALITY

  1. D5T5 operates and distributes VDASH and is the data controller of VDASH authorized users (hereinafter also the “controller”), and informs them about personal data processing and their rights under Article 12 of the GDPR (General Data Protection Regulation).

Contact email: order@d5t5.com

Phone: +420 774 570 383 (Mon–Fri 9:00 - 16:00)

Address: D5T5 s.r.o., Svojkov 139, 471 53 Svojkov, Czech Republic

  1. Personal data are processed to the extent provided by the data subject in connection with the conclusion of a contract or as required by applicable law. The legal basis is Article 6(1)(b) of the GDPR. Data processing is necessary for VDASH registration and operation.
  2. Purposes of processing:

- negotiation of contractual relationships (pre-contractual phase)

- fulfillment of the license agreement and access to VDASH

- marketing campaigns

  1. Categories of personal data:

- address and identification: name, surname, address, ID, VAT ID

- contact details: email, phone number

- additional data necessary for contract fulfillment (e.g., bank info)

- any other data provided with the data subject’s consent

- user activity history in VDASH

  1. Recipients of personal data include:

- service partners, suppliers, external legal representatives, tax authorities, tax advisors, and auditors when required by law

Data is processed for the duration of the license agreement or VDASH registration, whichever is longer.

  1. Rights of the data subject:

The data subject may request:

- access to personal data

- correction

- deletion

- restriction of processing

- data portability

- objection to processing

Requests can be made:

- in writing to the company address

- via email

- by phone

  1. Right to erasure may be denied if D5T5 must fulfill legal or archival duties, or retain data for legal claims.

  2. D5T5 has 14 days to process requests. All information is provided free of charge unless excessive in frequency, in which case a small fee may be charged.

  3. The data subject may lodge a complaint with the Czech Data Protection Authority.

  4. Relevant legal acts include the GDPR, Czech data protection law, and other applicable regulations.

8.    GENERAL AND FINAL PROVISIONS

  1. Customer notifications to D5T5 must be in writing or via specified methods. Operational matters may be handled via email. Postal notifications are deemed delivered if refused, not collected within 5 days, or delivery fails.

  2. Notifications are sent to the addresses listed in the order or VDASH system. Either party may update the delivery address by written notice.

  3. If the contractual relationship contains a foreign element, the parties agree that Czech law shall apply. Consumers (though VDASH is not intended for them) retain mandatory legal protections under EU law.

  4. If any provision becomes invalid or illegal, the rest remain unaffected. Invalid/illegal terms will be replaced by lawful ones.

  5. All relationships arise from the LA or individual agreement and these Terms. Unregulated matters follow the Civil Code.

  6. D5T5 may amend these Terms anytime by publishing them on the Website. Changes take effect no earlier than 15 days after publication. Customers should monitor updates.

  7. These Terms and Conditions take effect on January 1, 2019.