Effective Date: 30th of October 2025

These Terms of Service (“Terms”) govern the use of the BatteryProof mobile application (“the App”), developed by Eevivo (hereinafter referred to as “Eevivo,” “we,” “us,” or “our”), and the services provided through it (collectively, the “Service”).

By accessing or using the Service, whether as a private consumer (“Consumer User”) or a commercial entity/dealer (“Commercial User”) (collectually, “User” or “you”), you agree to be bound by these Terms and the Privacy Policy. If you do not agree to these Terms, you must not use the Service.

1. Definitions

1.1. App: The BatteryProof mobile application available on the Google Play Store and Apple App Store. 1.2. Device: The User-supplied, third-party OBD2 Wi-Fi dongle or similar internet-connected device used to connect the App to the vehicle. 1.3. Test Data: All information collected by the App from the vehicle’s On-Board Diagnostics (OBD) system, including VIN, odometer readings, battery health metrics, date, and time of the test. 1.4. Service: The functionality provided by the App, which involves connecting to the Device and generating an estimate of EV battery health based on the vehicle’s internal data streams.

2. License and Access

2.1. Grant of License: BatteryProof grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App on a mobile device solely for your own personal or commercial (as applicable) use, strictly in accordance with these Terms. 2.2. Account Security: You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

3. Crucial Disclaimers Regarding Test Data and Certification

3.1. Diagnostic Estimate Only: The Service provides a diagnostic estimate of battery health based on data received directly from the vehicle’s OBD system via the Device. The Test Data and any generated reports or certificates do not constitute a formal, independent, or certified valuation of the vehicle or its battery. 3.2. No Warranty of Accuracy: BatteryProof does not warrant or guarantee the accuracy, completeness, reliability, or currentness of the Test Data. Results may be affected by the quality of the Device, vehicle modifications, or internal vehicle software errors. 3.3. Assumption of Risk: The User acknowledges and agrees that they assume all risks associated with relying on the Test Data. The User must not rely on the Test Data for official valuations, purchase or sale decisions, financial transactions, warranty claims, legal proceedings, or any other official capacity. BatteryProof explicitly disclaims liability for any financial loss or damage resulting from such reliance. 3.4. External Device Risk: The User assumes all responsibility and risk associated with connecting a third-party Device to the vehicle’s OBD port. BatteryProof is not responsible for any damage, system errors, data loss, or invalidation of vehicle warranties that may result from the use, installation, or failure of the Device or the App’s interaction with the Device.

4. User Responsibilities

4.1. Commercial User Obligations (Dealers): If you are a Commercial User, you warrant that you will not present the Test Data or certificates generated by the Service as an official, independent, or manufacturer-backed certification. You must clearly communicate to your customers that the Test Data is a diagnostic estimate provided by a third-party application. 4.2. Legal Compliance: You are responsible for ensuring your use of the App and the Device complies with all applicable local, national, and international laws and regulations, including road traffic laws and consumer protection laws. 4.3. Prohibited Conduct: You must not use the App for any illegal, unauthorized, fraudulent, or malicious purpose, including attempting to tamper with vehicle systems or circumvent any security measures.

5. Limitation of Liability (In accordance with EU Law)

5.1. No Liability for Indirect Damages: To the maximum extent permitted by applicable EU law, in no event shall BatteryProof, its affiliates, directors, or employees be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of, or inability to access or use, the Service; (ii) any conduct or content of any third party; (iii) any loss or damage to your vehicle or warranty status; (iv) any reliance on the Test Data. 5.2. Monetary Limitation: In the event BatteryProof is found liable for any reason, our total aggregate liability to you for any and all claims arising out of or related to these Terms or the Service shall not exceed the amount you have paid to BatteryProof for the Service in the twelve (12) months preceding the date of the claim, or €50.00, whichever is lower. 5.3. Mandatory Consumer Rights: Nothing in these Terms limits or excludes BatteryProof's liability for matters which cannot be excluded or limited under applicable law, including, but not limited to, liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

6. Indemnification

You agree to defend, indemnify, and hold harmless BatteryProof and its 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 legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights.

7. Intellectual Property

The App, Service, and all associated content, including, but not limited to, text, graphics, data models, and software (excluding Test Data which is derived from your vehicle), are and will remain the exclusive property of BatteryProof and its licensors. Your use of the App grants you no right or license to use any of our trademarks, service marks, logos, or domain names.

8. Governing Law and Dispute Resolution

8.1. Governing Law: These Terms shall be governed and construed in accordance with the laws of Norway (e.g., Ireland or the Netherlands) without regard to its conflict of law provisions. 8.2. Dispute Resolution (Consumer Users): As a Consumer User, you may benefit from mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions or to bring legal proceedings in your place of residence. 8.3. Dispute Resolution (Commercial Users): Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Norway].

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

10. Contact Information

If you have any questions about these Terms, please contact us:

E-mail: support@batteryproof.com