Platform Provider Addendum

This addendum applies only to customers that integrate tapinomahub functions into their own platform or provide them to sub-users.

tapinomahub | Supplementary Agreement for Platform Providers (API sharing with the customer’s users)

Appendix/Supplement to the General Terms and Conditions “tapinomahub” of gobecom GmbH, Malzstraße 6, 68309 Mannheim (hereinafter: “gobecom”, “we” or “Provider”) (hereinafter “GTC”)

Preamble

tapinomahub is a cloud-based, API-based SaaS platform provided by gobecom GmbH for the automated analysis of vehicles and parts (including vehicle identification, parts data, AI-supported image processing, condition classification, market and document analysis). The Customer operates its own digital platform, portal, application or a comparable digital sales or service channel (hereinafter referred to as the ‘Customer Platform’), through which it offers services to its own commercial users (hereinafter referred to as ‘Users’). The Customer wishes to make the functionalities of tapinomahub indirectly available to its Users within the framework of the Customer Platform. The purpose of this Addendum is to enable the Customer, by way of derogation from the General Terms and Conditions, to make tapinomahub available to its Users in the form of an API version, whereby the original API from gobecom is used technically and the Users access tapinomahub directly via this original API. To this end, the parties agree to the following provisions, which supplement the General Terms and Conditions and take precedence in this respect.

I. Subject Matter and Relationship to the General Terms and Conditions

• This Addendum governs the situation where the Customer, as the operator of its own customer platform, makes tapinomahub available to its users via a programming interface (API) provided by gobecom for use within the framework of the customer platform, and supplements the General Terms and Conditions with the specific provisions required for this purpose.
• The General Terms and Conditions shall continue to apply in full and by way of supplement, unless otherwise specified in this Addendum. In the event of any conflict, this Addendum shall take precedence. This applies in particular to the restriction set out in the General Terms and Conditions that the platform is to be used exclusively for the customer’s own business purposes and not for or on behalf of third parties; this restriction is replaced, to the extent of this Addendum, by the provisions on disclosure to users (Clause VIII of this Addendum).
• All terms defined in the General Terms and Conditions (including, but not limited to, ‘Platform’, ‘Customer’, ‘gobecom’, ‘Platform Outputs’, ‘Derived Data’, ‘Access Data’ and ‘Remuneration’) shall have the same meaning in this Addendum, unless otherwise specified in Clause II of this Addendum.
• This Addendum applies exclusively to the contractual relationship between gobecom and the Customer; it does not give rise to any rights or claims on the part of users against gobecom, without prejudice to the separate user relationship in accordance with Clause III of this Addendum.
• The provision of tapinomahub, including within the scope of this Addendum, is exclusively a service provided in accordance with the provisions of the law governing contracts for services (Section 611 of the German Civil Code (BGB)); provisions relating to contracts of sale, hire or for work and materials shall not apply. No specific result – in particular, a specific level of availability, a specific analysis result or error-free operation – is guaranteed.

II. Definitions

• ‘Customer Platform’ means the Customer’s own platform, application, website or other digital environment, operated by the Customer and independent of tapinomahub, which is specifically designated in the order or the quotation and through which the Customer offers services to its users and into which the functionalities of tapinomahub are integrated via an API.
• “User” refers to the Customer’s own commercial customers who access tapinomahub’s functionalities via the Customer Platform. Users within the meaning of this Addendum may only be entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law; provision to consumers is not covered by this Addendum and requires a separate agreement.
• “User registration” refers to the process by which a user identifies themselves to gobecom using an identifier provided by gobecom and thereby accepts the General Terms and Conditions in their currently valid version.

III. Provision via the API; User Registration

• gobecom shall provide the Customer with an API intended for this purpose, via which the Customer may make tapinomahub available to its users to the extent contractually agreed, exclusively within the scope of the Customer’s platform specified in the Order (hereinafter “Provision”). Provision via other platforms, applications or channels of the Customer not specified in the Order is not covered by this authorisation.
• A prerequisite for a user’s use of tapinomahub is that the respective user registers with gobecom as part of the user registration process prior to their first use and, in doing so, expressly accepts the Terms and Conditions in the version valid at the time of registration. The Customer shall ensure that users are only technically permitted to access tapinomahub via the Customer’s platform once they have completed user registration and accepted the Terms and Conditions.
• Upon successful user registration, a separate user relationship based on the Terms and Conditions is established between gobecom and the respective user. This user relationship exists independently of, and in addition to, the contractual relationship between gobecom and the customer; it does not confer upon the user the status of a contracting party in the relationship between gobecom and the customer, and does not affect the customer’s responsibilities under this Addendum.
• gobecom is entitled to adjust the scope, technical parameters and structure of user registration at any time, provided that this does not otherwise materially impair the contractual use by the customer and its users.

IV. Remuneration and the Customer’s Liability for Users

• The Customer shall pay for the use of tapinomahub by its users in accordance with the remuneration arrangements individually agreed between gobecom and the Customer (Order), irrespective of whether and to what extent the Customer passes on the remuneration to its users.
• The Customer shall be liable to gobecom for the payment of the agreed remuneration for all use of tapinomahub initiated via its customer platform, irrespective of whether the underlying use by the user was in accordance with the contract, abusive or unauthorised. If unauthorised use by a user is due to a culpable breach of duty on the part of the customer (e.g. inadequate protection of access data or unauthorised disclosure), the customer shall owe gobecom the remuneration that would have been payable for the entire period of use had the licence been properly granted; any further claims by gobecom remain unaffected.
• The customer shall be liable to gobecom for its users’ compliance with the General Terms and Conditions and the provisions of this Addendum as if such non-compliance were the customer’s own fault. Breaches of the General Terms and Conditions by users shall be attributed to the customer insofar as they relate to use via the customer’s platform.
• Claims by gobecom against a user arising from the independent user relationship in accordance with Clause III. 3 remain unaffected by the preceding paragraphs and may be pursued independently of any claims against the customer.

V. Integration and Operation of the Customer Platform

• The Customer is responsible for the proper technical integration of tapinomahub into the Customer Platform and for its ongoing, proper operation. The Customer must ensure that the integration complies with the current version of the documentation provided by gobecom and is checked at regular intervals to ensure it is up to date and fully functional.
• gobecom accepts no responsibility and shall not be liable for the Customer Platform, its features, scope of functionality, availability, security or any restrictions, insofar as these arise from the Customer Platform itself or from changes, configurations or acts of use by third parties – in particular the users. gobecom is under no obligation to adapt tapinomahub to the Customer’s individual system environment or that of the Customer Platform, and accepts no liability for their compatibility with tapinomahub.
• The customer is solely responsible for ensuring that the customer platform complies with the applicable legal requirements vis-à-vis its users, in particular with regard to the contractual terms, data protection notices and information obligations used therein. gobecom is under no obligation to carry out any checks, provide advice or give any guarantees in this respect.

VI. Data Processing, Data Storage and Deletion

• The customer may use data obtained via the API – in particular platform outputs and other raw data – exclusively for the immediate processing and display in connection with the respective user request. Caching, as well as any permanent, medium-term or other storage of raw data by the customer that extends beyond the duration strictly required for the technical processing of the request, is not permitted.
• The customer shall neither store the raw data provided by us in a substantially unaltered form, nor temporarily store or permanently archive it in an isolated or enriched form. Any use or further utilisation of the raw data that goes beyond the specific comparison is prohibited and the customer must refrain from doing so.
• The only exceptions to the prohibition set out in paragraph 1 are log and billing data, which the customer may store to the extent necessary to fulfil its own statutory, contractual or billing-related purposes, as well as any storage expressly agreed between the parties in writing.
• Any copies of raw data that may nevertheless exist in contravention of paragraph 1 must be deleted by the customer immediately, and at the latest upon termination of the contractual relationship between gobecom and the customer, in full and in a verifiable manner. The customer shall confirm to gobecom, upon request, in writing that the deletion has taken place.

VII. Prevention of Misuse and Limits on Use

• The Customer shall take all reasonable measures to ensure that the use of tapinomahub by its users is in accordance with the General Terms and Conditions and this Addendum. This applies in particular to the prevention of abusive use – such as automated bulk queries outside the intended integration, the circumvention of technical protective measures or use that damages the system – as well as the prevention of exceeding the agreed usage limits (call limits, rate limits).
• gobecom shall inform the customer in writing in advance of any restrictions on access to tapinomahub resulting from misuse, insofar as this is reasonable for gobecom to do and does not jeopardise the security or integrity of the platform, and shall coordinate appropriate measures with the customer to resolve the issue. If, in exceptional cases, prior notification is not reasonable – in particular in the event of acute security risks, critical system instability or reasonable suspicion of misuse by unauthorised third parties – gobecom shall inform the customer immediately afterwards. Notwithstanding this, gobecom’s right to technically throttle, restrict or temporarily block access in the event of acute risks of misuse without prior notice remains unaffected, and the customer shall have no claims arising therefrom.

VIII. Rights to the Platform; Transfer of the Service

• gobecom remains the sole owner of the tapinomahub platform and all rights therein, including all copyright, neighbouring rights, trade mark rights and other intellectual property rights. This Addendum does not confer any rights on the customer or users beyond the rights of use expressly set out in the General Terms and Conditions and this Addendum.
• Notwithstanding the General Terms and Conditions, the Customer is entitled to make the tapinomahub service available to its users exclusively within the scope of the Customer’s platform specified in the order and to the extent agreed therein; making the service available via additional or other platforms operated by the Customer is not permitted and requires a separate agreement. This authorisation applies only subject to all other provisions of the General Terms and Conditions and this Addendum, and only on condition that the users accept and comply with the General Terms and Conditions as part of the user registration process.
• So long as this Addendum has not been terminated or revoked, the Customer is entitled to the right to make the service available to users as set out in paragraph 2 to the agreed extent. However, there is no legal entitlement to its continued existence in an unaltered form beyond the term of this Addendum or notwithstanding a valid termination by ; this applies in particular in the event of breaches of the General Terms and Conditions or this Addendum by the Customer or its users. gobecom is entitled to restrict or revoke the authorisation to share content by giving reasonable notice in writing if there are repeated or serious breaches by users and the customer fails to effectively remedy these within a reasonable period despite being requested to do so; The right to terminate the contract for cause and the right to impose immediate blocking measures in the event of acute misuse remain unaffected by this.
• The authorisation to disclose set out in paragraph 2 is non-transferable and may not be sub-licensed; it does not extend to any further disclosure of the service by users to third parties.

IX. Data Protection

• Insofar as personal data of users or their employees is processed via the customer platform in the course of using tapinomahub, gobecom shall implement state-of-the-art technical and organisational measures to protect such data (Article 32 of the GDPR). The customer is responsible for ensuring that there is a suitable legal basis for the transfer of such data to gobecom via the API.
• If, in the context of such transfer, personal data is processed on behalf of the customer within the meaning of Article 28 of the GDPR, the parties shall conclude a separate data processing agreement for this purpose, which shall apply accordingly to the data processed under this Addendum.

X. Term, Termination and Consequences of Termination

• This Addendum is concluded for the term of the main contract between gobecom and the Customer regarding the use of tapinomahub and shall end automatically upon the termination of that contract, without the need for separate notice of termination. Notwithstanding this, this Addendum may also be restricted or revoked by gobecom independently of the main contract in accordance with Clause VIII. 3.
• Upon termination of this Addendum – regardless of the legal grounds – the Customer’s right to make the service available to users in accordance with Clause VIII. 2 shall lapse. The Customer shall cease to allow its users further access to tapinomahub via the Customer Platform with effect from the date of termination and shall inform its users of this without delay.
• The separate user relationships between gobecom and the individual users in accordance with Clause III.3 are not automatically affected by the termination of this Addendum; they shall continue until their own termination in accordance with the General Terms and Conditions, whereby, following the termination of this Addendum, users shall be reliant on an alternative means of access provided by gobecom, as they will no longer have access via the Customer Platform. gobecom is under no obligation to provide such an alternative means of access.
• The Customer’s obligations under Clause VI of this Addendum (data processing, deletion of copies of raw data) and under Clause IV (remuneration for usage arranged up to the date of termination) remain unaffected by the termination and shall continue to apply.

XI. Liability and Indemnity

• gobecom shall be liable without limitation for damage resulting from injury to life, limb or health, as well as for damage caused intentionally or through gross negligence, and for damage under the Product Liability Act. In the event of a breach of material contractual obligations due to slight negligence, gobecom’s liability shall be limited to the foreseeable damage typical for this type of contract and, in terms of amount, to the remuneration paid by the customer in the twelve months preceding the event giving rise to the damage; otherwise, gobecom’s liability is excluded. Claims arising from guarantees remain unaffected at all times.
• The customer shall indemnify gobecom against all claims brought against gobecom by users or other third parties in connection with the customer platform, its features or limitations, improper integration by the customer, or a breach by users of the General Terms and Conditions or this Addendum. The indemnity also covers the reasonable costs of legal defence (court costs and lawyers’ fees in accordance with statutory rates); gobecom shall inform the customer without delay of any claims asserted and, insofar as is reasonable, enable the customer to mount an appropriate legal defence.

XII. Final Provisions

• Any amendments or additions to this Addendum must be made in writing.
• In all other respects, the general final provisions of the General Terms and Conditions, in particular those relating to applicable law and the place of jurisdiction, shall apply mutatis mutandis to this Addendum.
• In the event of translations of these General Terms and Conditions into other languages, the German-language version shall prevail in the interpretation of the contract’s contents in cases of doubt.
• Should any provision of this Addendum be invalid or unenforceable, the validity of the remaining provisions and of the General Terms and Conditions as a whole shall remain unaffected. In place of the invalid or unenforceable provision, a valid provision shall be deemed to have been agreed which most closely approximates the economic purpose of the original provision.

Date: 07/2026