Terms of Use & Services

1. Your Acceptance This is an agreement between Prizmos Ltd., a Bulgarian registered Limited Company (“Prizmos"), the owner and operator of Carista mobile Application (the “Carista App”), the Carista software, the Carista branded hardware (collectively the "Service"), and you (“you” or “You”), a user of the Service. Content includes logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual material and combinations, interactive features, materials, collections, you may view or access through the Carista App. These Terms of Use (the “Terms of Use”) describe our practices applying to the use of Carista App and the Services provided by Prizmos. If you wish to use the Services and Carista App, including when you participate in testing mode for testing new versions/ features of the Services and/or Carista App, you must agree to be bound by these Terms of Use as set out below, and all and any applicable law regarding your use of Carista App. If you choose to not agree with any of these terms, you may not use the Service and Carista App. BY PRESSING THE “I AGREE” BUTTON UPON FIRST INITIALIZATION OF CARISTA APP YOU CERTIFY YOUR UNDERSTANDING AND INDICATE AGREEMENT TO AND ACCEPTANCE OF THESE TERMS OF USE. 2. Change to Terms of Use We reserve the right to change these Terms of Use from time to time as we add new features to the Carista application or launch new applications, as we improve our current offerings, and as technologies change. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of this page. Any changes will become effective upon our posting of the updated version on our website https://carista.com. If we make any material or substantive changes to our Terms of Use, we will notify you of this by posting a clear and conspicuous notice of these changes on our website https://carista.com. You explicitly agree to be bound by such modifications and/or revisions when you use the Carista App. To the extent that the changes affect information for which opt-in consent is required under applicable laws, we will ask you for your consent. 3. Conditions of General Use Subject to the terms and conditions herein, and the applicable privacy policy, posted and updated on the website https://carista.com and in-app, and your compliance with these Terms of Use, Prizmos grants you a limited, personal, non-exclusive, and non-transferable license to use the Carista App in accordance with your subscription plan. You may not modify, copy, edit, reproduce, create derivative work, reverse engineer, alter, enhance or exploit any of the Services, Software, the Carista App or elements thereof. The use of Carista App is subject to various subscription plans, which may be selected upon initial installation or amended afterwards, or directly available for purchase on our Website. Payments through Carista App are facilitated by the Google Play or the Apple Store and are only done through third party platforms and Prizmos never sees, nor stores your credit card information. Prizmos is not liable for any return of services or payments done after selection of the preferred subscription plan, unless a refund is applicable under the conditions hereinbelow. Through our website http://www.caristaapp.com we provide various subscription plans and activation code (Carista App Pros 12-Month Access). Prizmos retains its right to issue other activation codes (as a refund, loyalty codes, distributors’ codes, etc.). In case you wish to use an activation code to use Carista App while you have an ongoing subscription plan, make sure you have terminated your ongoing subscription plan before using the activation code. Management of your subscription is provided by third parties – Google Play or Apple Store when the purchase was conducted through the Carista App, or Appstle Plug-in of Shopify when the purchase was conducted through our Website. Refund Given the immediate consumption of the services in the Carista App, by entering into a paid subscription plan you explicitly agree that if using extensively the services in the Carista App (e.g. changes customizations, etc.) you waive your right for a refund/ withdrawal. For iOS devices, Apple’s refund policies apply, and you’ll need to contact Apple directly for a refund here: https://reportaproblem.apple.com/ For Android devices: Monthly Subscription: Refunds are not provided for monthly subscriptions. Once you cancel, you will retain access to the app’s features until the end of the billing period, but no refunds will be issued. Quarterly (3-Month) Subscription: If you cancel your subscription within the first 14 days of starting the subscription and have not extensively used the app's features (e.g., changed customizations), you are eligible for a full refund. After the 14-day period, we do not provide refunds, but you will retain access until the end of the billing cycle. If you would like to submit a refund request, open the More menu in the Carista app (the gear icon in the bottom navigation bar) and use "Report a problem". In the "Describe the problem" field, type in "Refund request". Annual (12-Month) Subscription: For annual subscriptions, we offer a 14-day refund window. If you cancel your subscription within the first 14 days of starting the subscription and have not extensively used the app's features (e.g., changed customizations), you are eligible for a full refund. After the 14-day period, we do not provide refunds, but you will retain access until the end of the billing cycle. If you would like to submit a refund request, open the More menu in the Carista app (the gear icon in the bottom navigation bar) and use "Report a problem". In the "Describe the problem" field, type in "Refund request". One time activation code (Carista App Pro 12-Month Access): For our standalone purchase of the Carista App Pro 12-Month Access, we offer a 14-day refund window. If you cancel within the first 14 days of ordering and have not extensively used the app's Pro features (e.g., customizations), you are eligible for a full refund. No refunds will be provided after the 14-day period. If you would like to submit a refund request, open the More menu in the Carista app (the gear icon in the bottom navigation bar) and use "Report a problem". In the "Describe the problem" field, type in "Refund request". Bundle Purchase (Carista EVO + Carista App 12-Month Subscription) You can cancel the joint use of Carista App 12-Month Subscription and Carista EVO scanner within the first 14 days of shipping of the Carista scanner and if you have not extensively used the app's features (e.g., customizations). No refunds will be provided for the Carista App 12-Month Subscription after the initial 14-day period. Following the first 14 days of shipping and within the first 30 days of shipping of the Carista scanner, you can return only the latter by shipping it back to our warehouse within 7 days of receiving your return label. Further instructions and conditions on product return can be found on our website at: https://carista.com/policies/terms-of-service. In case you return the Carista scanner, but did not request the refund of the Carista App 12-Month Subscription as provided hereinabove, you will retain access to the Carista App until the expiration of the 12-month period. If you would like to submit a refund request, open the More menu in the Carista app (the gear icon in the bottom navigation bar) and use "Report a problem". In the "Describe the problem" field, type in "Refund request". If you bought the Bundle on a Promotion. In case the Bundle Purchase was subject to promotional conditions at the time of its purchase, and you return/ request a refund of one of its components, you will be refunded with the promotional price of the returned component minus the difference between the promotional and the regular price of the retained component. Third party purchase: In case you purchased Carista App Pro 12-Month Access or bundle purchase by a third party – distributor or other provider, you need to contact that third party directly for a refund. Testing You can also access Carista App in testing mode by your desire in order to help us test new versions and/or features of our Services and the Carista App. Participation in testing mode is limited in time, available to certain customers, voluntary and unpaid for the tested features by either of the parties involved. Once a tested feature is officially released, that feature may be subject to subscription, including in testing mode. Conditions Apart from limitations elsewhere in these Terms of Use, you explicitly agree with the following conditions of use of the Carista App and the Services provided: 1. You are not permitted to resell or charge others for use of or access to the Carista App or in any other manner inconsistent with these Terms of Use, and apart from proper use in your business and for improvement of your professional services. 2. You agree not to copy, upload, republish, redistribute, in any medium any part of the Carista App and its software, unless it is specifically offered and made available for such distribution through functionality offered by the Carista App, including, but not limited to video embedding, build-in sharing through social media channels. 3. You expressly acknowledge and agree that the content provided by Prizmos may contain links to third party websites that are not owned or controlled by Prizmos, including performance of payments for the respective subscription. Prizmos has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites and services. By using the Carista App, you expressly acknowledge and agree that Prizmos shall not be responsible for any damages, claims, or other liability arising or related to your use of any third party website or service. 4. In order to access and use the features of the Carista App, you acknowledge and agree that you will have to provide Prizmos with certain personal data, including your e-mail address. When providing such personal data, you must provide accurate and complete information and you must consult the applicable Privacy Policy, available on the website https://carista.com and in-app. 5. You must notify Prizmos immediately of any breach of security of unauthorised use of your account, registered to the provided email address, and you may be liable for the losses or damages suffered by Prizmos or others due to such unauthorised use. 6. You agree not to alter or modify any part of the Carista App and its software. 7. You agree not to temper with any public or non-public areas of the Carista App. 8. The Carista App, the Services and the provided software is protected by copyright, trademark, and/or other intellectual property rights vested upon Prizmos by national, EU and foreign laws and international conventions. You are not given a right to use the Prizmos name or any of Carista App’s trademarks, logos, domain names, and other related and distinctive brand assets. Prizmos retains all rights to the Carista App content and Service. 9. You agree not to probe, scan, test the vulnerability or otherwise tamper with Carista App, its computer systems and software, or delivery systems of our providers. 10. You agree not to solicit any users of the Carista App. You agree not to solicit, collect, harvest, or otherwise obtain any personally identifiable information, including account names, email addresses, and passwords from any user of the Carista App or Services. 11. You agree to comply with any and all applicable laws in your use of the Carista App and its features, including, but not limited to these relating to safety, road regulations, patent, trademark, copyright, privacy, or other intellectual property rights. 12. We reserve the right to terminate or restrict access to your account or use of the Carista App and/ or Services or access to Content at any time, without notice or liability in the cases, provided for in these Terms of Use. 13. Prizmos does not warrant that your mobile device or vehicle is compatible with the Services and the features provided by Carista App. 14. You acknowledge that Prizmos might from time to time upgrade its Services and/ or software and you consent to such automatic upgrades and that the Terms of Use apply to any and all upgrades. 15. You agree that the use of the Service and Content might incur standard carrier data charges and you are solely responsible for such incurred charges. 16. When you use the Carista App and the Services on Apple iOS or Android powered mobile devices, you agree and acknowledge that these Terms of Use are between you and Prizmos only, regarding the your use of Carista App only, and not with Apple, Inc or with Google Inc. Your use of Carista App on iOS or Android devices must comply with then current Terms of Service of Apple Inc’s App Stores or Google Inc’s Google Store respectively. Use of Volkswagen Group vehicles The users of Volkswagen group vehicles requesting services involving advanced protective function SFD (SFD – Schutz der Fahrzeugdiagnose = Vehicle Diagnostics Protection) are further obliged to comply with the terms and conditions of Volkswagen, including the following limitations: 1) SFD service is only allowed to be used as part of actions required for the respective repair (purpose limitation); 2) all user are personally responsible for all SFD activities carried out under their user ID; 3) forwarding of SFD tokens to third parties is prohibited in any case; 4) the data protection provisions that are applicable in each case must be observed in relation to the vehicle user. The users of SFD services are further obliged to not use the SFD in prohibited ways. Prohibited ways for the purposes of use of SFD services are wrongful ways (e.g. breach of the SFD terms of use, exceeding the maximum permissible number of requests, transmitting invalid requests) and unlawful (e.g. tampering with control units, modifications to vehicles without the consent of the vehicle user/ keeper). Wrongful use may result in internal assessments and investigations, which may in turn lead to blocking of the user account or rise to legal consequences in case of fraud. Unlawful use may result in immediate blocking of the user and rise to investigation by the authorities. Further conditions and limitations with respect to SFD services can be found in Volkswagen Terms of Use for the SFD IT Backend, available here: Terms of Use for the SFD IT backend. Other third party providers Carista App incorporates some features, provided by carVertical, which are expressly defined within the Carista App, In doing so, Prizmos acts as a marketing affiliate (referral partner) of carVertical, thus receiving a commission for the use of their features. Through Carista App, Prizmos enables users to access, engage with, purchase, utilize, or otherwise use services offered by carVertical. We do not receive payments, rather users are directed for payments directly to carVertical. CarVertical is solely responsible for providing its services in the Carista App, including their availability, operation, performance, pricing, fulfillment, support, regulatory compliance, or any other representation, warranties, or obligations thereto. To the maximum extent permitted by the applicable law, Prizmos is not responsible or liable for any acts, omissions, products, services, content, statements, warranties, conduct, security practices, privacy practices, business, technical issues, vehicle damages, legal compliance of carVertical. Use of carVertical features may be subject to carVertical terms and conditions, available at https://www.carvertical.com/en/terms-and-conditions , or privacy policy, available at: https://www.carvertical.com/en/policies We highly advice users to review those before using the relevant feature, provided by carVertical. Additionally, the terms and conditions of other third party-contractors of Prizmos, may be applicable for certain vehicles, whenever users request services or access third-party webpages or services through the Carista App. 4. Savings Flow and Offers All users of Carista App have access to Savings Flow Dashboard, which is visible once a registered user has used 150+ money on Carista App features. The Savings Flow Dashboard summarizes the estimate savings when using the Carista App features compared to visiting a workshop. The calculated and displayed amount is calculated as a sum of the designated prices of features used in Carista App. Users, who have access to the general Savings Flow Dashboard without offers, are: 1. Users who have never had a valid subscription for the Carista App; 2. Users whose subscription has expired and was not renewed; 3. Users with an active 12-month subscription who did not cancel their renewal; 4. Users with a 12-month access code, but only until the last 14 days of their access (for iOS and Android users); 5. Users with an active 12-month subscription who have cancelled their renewal (for iOS users only). - Валидни са For eligible users, upon reaching a threshold in the dashboard, offers will be unlocked for a limited period of time. General terms Savings Flow Dashboard is visualized when the user has at least one registered vehicle in the Carista App. A registered vehicle is a manufacturer-specific features supported car, which means a vehicle for which advanced manufacturer-specific features are accessible and configurable through Carista integration. For each used feature a respective designated price is calculated towards the calculation in the Savings Flow Dashboard. The designated prices are estimated in USD, GBP or EUR depending on the unit system selected by the user – thus, when the unit is set to imperial US, the currency will be set as USD, when the unit is set to imperial UK, the currency will be set as GBP, when the unit is set to metric, the currency will be set as EUR. The flow is based on the following designated prices and respective triggers of accounting:
Feature Trigger Cost (designated price) Additional details
Settings Successfully changed setting 20 each No limit per session
Service Tools Used service took/ Accessed service tool 100 each use No limit per session
Diagnostics Accessing the diagnostics and all ECUs are scanned 50 Will be charged once a session (connect-disconnect)
Live Data Accessing the Live Data and all ECUs are scanned (Category) 50 Will be charged once a session (connect-disconnect)
Each achieved threshold provides a different offer (discount), as follows (for eligible users only):
Threshold limit (for USD, GBP, EUR) Offer
20+ The Dashboard appears
100+ - 25% discount
300+ - 30 % discount
500+ - 35 % discount
Each of the discount offers is available for a limited period of time as indicated on the Savings Flow Dashboard. Once the offer is expired, the user can no longer use the respective discount, until reaching the next applicable threshold. Eligibility Eligible users who have access to the Offers in the Savings Flow Dashboard are the following: 1. Users with an active 1-month subscription, no matter whether auto-renewal is on or off (for iOS and Android users) 2. Users with an active 3-month subscription, no matter whether auto-renewal is on or off (for iOS and Android users) 3. Users with an active 12-month subscription who[SC2] cancelled their renewal (for Android users only) 4. Users with a 12-month access code, but only during the final 14 days of their access period (for iOS and Android users). 5. Intellectual Property Rights The design of the Carista App, the software embodying it, including in testing mode, along with created text, database rights, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Prizmos, subject to copyright and other intellectual property rights under national, EU and foreign laws and international conventions. Prizmos reserves all rights not expressly granted in and to the Carista App, its software and Services. You agree that you will not use such proprietary information or materials in any way except for the use of the Carista App in compliance with these Terms of Use. No portion of the Carista App may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Carista App in any manner and You shall not exploit the Carista App in any unauthorized way whatsoever. You will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of the Carista App or in the process of testing new versions and/ or features thereof (collectively, “Reverse Engineering”) or permit or induce the foregoing. If however, directly applicable law prohibits enforcement of the foregoing, You may engage in Reverse Engineering solely for purposes of obtaining such information as is necessary to achieve interoperability of independently created software with the Carista App, or as otherwise and to the limited extent permitted by directly applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information; and (b) You had first requested such information from the licensor and Prizmos failed to make such information available (for a fee or otherwise) under reasonable terms and conditions. Any information supplied to or obtained by You under this section is confidential information of Prizmos, subject to the obligations of these Terms of Use and the applicable Privacy Policy, and may only be used by You for the purpose described in this section, and will not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Carista App. Libraries used to create the software behind Carista App are copyright of their respective authors and/or licensed under http://www.apache.org/licenses/LICENSE-2.0 (for the Android Support Libraries). This product includes a modified version of the UICircularSlider library, licensed under the MIT license: https://www.cocoacontrols.com/controls/uicircularslider This product includes a modified version of the SeekArc library, licensed under the MIT license: https://github.com/Ross-Gibson/SeekArc Images from: http://www.visualpharm.com 5. Warranty Disclaimer The Carista application and any software embodying it, including in testing mode, is provided “as is” and without warranty of any kind, including without limitation the warranties of merchantability, faults/bugs, fitness for a particular purpose and non-infringement. Prizmos as a licensor of the software makes no warranty that the software is free of defects or is suitable for any particular purpose. In no event shall Prizmos as the licensor be responsible for loss or damages arising from the installation or use of the Carista application, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, device failure or malfunction, or any and all other commercial damages or losses. The entire risk as to the quality and performance of the Carista App is borne by you. Should the application prove defective, you and not Prizmos assume the entire cost of any service and repair. Should you participate in testing of new versions and/ or features of Carista App or any of the Services, you explicitly acknowledge that you may encounter bugs and defects during your experience. The main purpose of such testing is debugging and improving of the services and customers’ experience by eliminating errors, bugs and defects. The entire risk of participation in such testing is borne by you and Prizmos makes no warranties regarding the quality and usability of any versions and/ or features therein. YOU AGREE THAT YOUR USE OF THE CARISTA APP, INCLUDING IN TESTING MODE, SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIZMOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DICLAIM ALL WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH CARISTA APP, ITS SOFTWARE OR SREVICES, AND YOUR USE THEREOF. PRIZMOS MAKES NO WARRANTIES OR REPRESENTATIONS THAT (i) CARISTA APP WILL MEET YOUR REQUIREMENTS, (ii) DELIVERY OF ANY PORTION OF CARISTA APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE FAULT CODES, AS WELL AS THE SHORT DESCRIPTIONS APPEARING NEXT TO THEM, THAT MAY BE OBTAINED FROM THE USE OF CARISTA APP WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) ANY PORTION OF CARISTA APP OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM CARISTA APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. ANY REPAIRS THAT YOU DECIDE TO UNDERTAKE ON THE BASIS OF THE FAULT CODES OBTAINED AS A RESULT OF YOUR USE OF CARISTA APP, INCLUDING IN TESTING MODE, ARE YOUR SEPARATE AND INDEPENDENT DECISION AND PRIZMOS AND ITS DEVELOPERS DO NOT BEAR ANY RESPONSIBILITY FOR SUCH REPAIRS, WHETHER NECESSARY OR NOT. PRIZMOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CARISTA APP OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND PRIZMOS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 6. Limitation of Liability IN NO EVENT SHALL PRIZMOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: 1. ERRORS, MISTAKES, OR INACCURACIES OF CARISTA APP, CONTENT OR SOFTWARE, INCLUDING IN TESTING MODE, 2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CARISTA APP AND OUR SERVICES, INCLUDING IN TESTING MODE, 3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, IF ANY, 4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, INCLUDING IN TESTING MODE, 5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH CARISTA APP OR ITS SOFTWARE, THROUGH THE ACTIONS OF ANY THIRD PARTY, INCLUDING IN TESTING MODE 6. ANY ERRORS OR OMISSIONS IN ANY FEATURE OF CARISTA APP OR OUR SERVICES, INCLUDING IN TESTING MODE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FEATURE OF CARISTA APP OR OUR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CARISTA APP, INCLUDING IN TESTING MODE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR APPLICABLE PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PRIZMOS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 7. Jurisdictional issues and liability Carista App is controlled and operated by Prizmos Ltd from the Republic of Bulgaria, and it is not intended to subject Carista App and/ or Prizmos to the laws or jurisdiction of any state, country, or territory other than that of the Republic of Bulgaria. Those who choose to access Carista App do so of their own initiative and are solely responsible for complying with all local laws, rules and regulations. Certain jurisdictions may limit or impose strict regulations on some or all of the features available on Carista App. BY USING ANY FEATURE ON CARISTA APP, INCLUDING IN TESTING MODE, YOU ACCEPT ANY RISKS THAT MAY RESULT FROM ANY SUCH USE AND ANY LIABILITY THEREOF, REGARDLESS OF WHETHER ADDITIONAL CONSENT AND INFORMATION FOR ANY SUCH FEATURE WAS PROVIDED BY YOU. IN CASES OF ANY DIRECT OR INDIRECT DAMAGES, PECUNIARY SANCTIONS, RESTRICTIONS, VIOLATIONS, EMOTIONAL EFFECTS, LOSSES OR ANY OTHER RESULT FROM THE USE OF CARISTA APP, SUCH RESULTS SHALL BE BORNE ENTIRELY BY YOU AND PRIZMOS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SUCH RESULT. We may limit the availability of Carista application, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion. Such limitations are not directed at complying with local regulations, rules and laws, but may occur for any reason. Complying with local regulations, rules and applicable laws is the sole responsibility of the users of Carista App. Regardless of any such limitation, if any, we shall not be liable in any event for any direct or indirect damages and/or liability and/or penalties and/or other results, that may occur from the use of any of the features provided by Carista App. 8. Indemnity You agree to defend, indemnify and hold harmless Prizmos, its shareholders, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Carista App; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any safety rule, personal integrity, property, copyright, or privacy right; or (iv) any claim in any cases where your use of Carista App and/or your further actions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Carista App. 9. Ability to Accept Terms of Use You affirm that you are either more than 16 years of age or the applicable age for driving rights, or possess legal consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are at least 16 years old as the Carista App is only intended for persons, possessing the right to drive a motor transportation vehicle. If you are under 16 years of age and/or you don’t have the right to drive a motor transportation vehicle under the applicable national law, you are not permitted to use the Carista App. 10. Assignment These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Prizmos without restriction. 11. Disclaimer Prizmos is not responsible for any injuries that result from use of any of the features of Carista App, including in testing mode. You expressly waive and release any claim that you may have at any time for injury of any kind against Prizmos, or any entity involved with Prizmos, including, but not limited to its directors, employees, principals, instructors, agents, contractors, affiliates, and representatives. By using the Carista App, including in testing mode, you expressly acknowledge that you understand that some features provided by Carista App may have safety and road safety implications and enabling or disabling these features carry the risk of physical or mental injury and property damages. You are solely responsible for using any feature provided in Carista App at all times. You are solely responsible for judging whether you should test and/ or use a feature, available in Carista App, accounting for any legal limitations applicable to you and/ or the country where you use Carista App. Prizmos is not responsible for any results from using Carista App and the Services, including in testing mode, in accordance with these Terms of Use. 12. Termination We reserve the right to terminate or restrict access to your account or use of the Carista App and/ or Services or access to Content at any time, without notice or liability. Prizmos may determine in its sole discretion that you have breached these Terms of Use, violated any law, engaged in inappropriate conduct and behaviour, or any other business reason. Prizmos reserves the right to terminate your account or use of the Carista App if such use places our networks and servers under undue burden. You may terminate your account for the use of Carista App at any time without prior notification. In case of ongoing subscription plan unless refund under the conditions hereinabove is applicable, payment of such shall not be restored to you by Prizmos. For the duration of your subscription plan, you may reinstate your account without the necessity to lose payments for the subscription plan, only in case you can firmly demonstrate that the initial account was indeed yours. 13. Jurisdiction These Terms of Use and their execution, violation, interpretation and termination are governed by the law of the Republic of Bulgaria. Any disputes arising herefrom shall be resolved by the competent courts in the Republic of Bulgaria. Last Edited on 18.06.2026