Terms of Service

1. Scope & Nature of Services (Exclusively B2B)

These Terms of Service apply to all commercial use of the AutoTopShot platform, contracts, evaluation trials, and showroom subscription tiers between AutoTopShot and the commercial client, being an automotive dealership or automotive trade professional (hereinafter: "Customer"). The service strictly constitutes an automated B2B SaaS platform for digital automotive image enhancement via dedicated server infrastructure and automated inventory integrations. The service is strictly not intended for consumers; statutory consumer rights and statutory cooling-off periods do not apply. Application of any general purchasing, procurement, or business conditions of Customer is expressly rejected.

2. Complimentary Trial & Commercial Evaluation

Commercial automotive dealerships are entitled to an initial complimentary, non-binding trial of 500 vehicle photos spanning up to 30 calendar days. No payment details are required to evaluate the service. The trial terminates automatically upon expiration of the term or exhaustion of photo credits, without tacit renewal, automatic conversion into a paid tier, or recurring purchasing obligation.

3. Showroom Tiers & Recurring Billing

Showroom subscription plans are invoiced monthly in advance according to the agreed pricing tier, exclusive of applicable VAT. Payment is processed securely via automated direct debit or corporate credit card. Customer shall receive the invoice at least five (5) calendar days prior to the automated debit. Unless agreed otherwise, monthly showroom plans remain flexible and cancellable prior to the commencement of the subsequent billing cycle.

4. Intellectual Property & Automotive Media License

Full ownership and copyright of all uploaded vehicle photographs remain strictly with Customer or its licensors. Customer grants AutoTopShot solely a temporary, non-exclusive, royalty-free license to technically process, optimize, and temporarily store the media on dedicated European servers for the purpose of service delivery. AutoTopShot acquires zero proprietary ownership over vehicle imagery.

5. Service Level & Best-Effort Provision

Services are delivered strictly on a best-effort basis ("as is" and "as available"). While AutoTopShot strives for continuous operational availability, we do not warrant that the software will operate uninterrupted, error-free, or entirely without operational latency. Routine maintenance and updates may cause temporary scheduled interruptions without entitlement to compensation.

6. Comprehensive Exclusion & Limitation of Liability

Except in cases of proven intentional misconduct or gross negligence by the executive management of AutoTopShot, all liability of AutoTopShot is expressly disclaimed. In particular:

• Exclusion of indirect damages: AutoTopShot shall never be liable for indirect, punitive, or consequential damages, loss of profits, lost revenue, lost sales opportunities, business interruption, or reputational damage.
• No warranty of sales outcomes: AutoTopShot makes no warranty regarding vehicle turnover, sales velocity, or specific acceptance by third-party automotive advertising portals (such as Marktplaats, Mobile.de, or AutoScout24).
• Algorithmic processing and dealership verification: Enhancements are executed via automated computer vision software. AutoTopShot does not warrant that specific vehicle features (such as tow hooks, antennae, parking sensors, badges, or paint reflections) will be segmented or rendered without flaw in every instance. Customer retains sole and ultimate responsibility for reviewing and verifying all enhanced media prior to publication.
• Strict aggregate cap on direct damages: If any liability is established by a competent court notwithstanding the foregoing, total liability for direct damages shall be strictly limited to the net fees actually paid by Customer to AutoTopShot in the single calendar month preceding the event giving rise to liability. In respect of trial use or unpaid tiers, total liability is strictly and categorically capped at zero euros (€ 0.00).

7. Customer Indemnification

Customer represents and warrants that all media, vehicle registrations, dealer branding, and logos submitted do not infringe upon any third-party rights, including copyrights, trademarks, portrait rights, or trade dress. Customer shall fully defend, indemnify, and hold harmless AutoTopShot against any third-party claims, regulatory fines, damages, and reasonable legal defense costs arising from or related to Customer's content or platform usage.

8. Complaints, Notice of Defects & Limitation of Claims

Customer must report any alleged defects or objections regarding enhanced imagery in writing to AutoTopShot within fourteen (14) calendar days of delivery. Upon expiration of this period, any right to rectification or reprocessing is forfeited, and the services shall be deemed unconditionally accepted. Any legal claim for damages or performance against AutoTopShot shall be irrevocably barred and extinguished upon the lapse of twelve (12) months from the occurrence of the claim.

9. Force Majeure

AutoTopShot shall not be liable for failure or delay in performance resulting from events beyond reasonable control, including internet outages, telecommunications failures, power grid disruptions, datacenter outages, cyberattacks (DDoS), failures of third-party inventory software APIs, fire, governmental orders, or pandemic measures.

10. Severability Clause

Should any provision of these Terms of Service be held invalid, unlawful, or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall not be affected. The parties shall replace the invalid provision with an enforceable provision that reflects the commercial and legal objective of the original provision as closely as possible.

11. Governing Law & Exclusive Jurisdiction

All legal relationships, contracts, and disputes between AutoTopShot and Customer shall be governed exclusively by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Any dispute arising out of or in connection with these terms shall be submitted exclusively to the competent court of Oost-Brabant (Rechtbank Oost-Brabant), the Netherlands. In the event of any discrepancy between a translation and the Dutch text of these terms, the Dutch text shall at all times prevail.

12. Support & Inquiries

For inquiries regarding these terms of service, technical assistance, or enterprise arrangements, reach our commercial support desk directly at support@autotopshot.com.