Terms

Terms of Use (AGB) for the “CARS23” Platform

Version: October 2025
1.Scope and Provider
These Terms of Use apply to the use of the “CARS23” platform, operated by:

free communication GmbH
Fritz-Vomfelde-Str. 34
40547 Düsseldorf
Germany
Commercial Register: District Court of Düsseldorf, HRB 78628
VAT ID: DE 277108344
Managing Director: Markus Frank

These terms govern the relationship between free communication GmbH (hereinafter referred to as “CARS23”) and the users (hereinafter referred to as “Users”) of the platform.
By using the platform, you agree to these terms.
2.Description of Services
CARS23 provides an online platform for buying and selling vehicles and facilitating contact between buyers and sellers, particularly professional dealers.
The platform is accessible via web browser and mobile applications.
3.Registration and User Accounts
Certain functions of the platform require registration.
All information provided during registration must be truthful and complete.
Users are responsible for keeping their login credentials confidential and secure.

Each user may only create one main account, under which multiple profiles (e.g., buyer or dealer) may be managed.

CARS23 reserves the right to reject registrations or suspend accounts in cases of violations of these terms, suspicion of fraud, or abuse.
There is no entitlement to registration or continued use of the platform.
4.User Categories and Multi-Profile Approach
4.1 User Categories
- Private Users: Natural persons using the platform as consumers under §13 BGB (German Civil Code).
- Business Users: Natural or legal persons or legally capable partnerships using the platform as entrepreneurs under §14 BGB.
4.2 Account Types
Registration initially occurs through a standard form.
By subsequently providing business information (e.g., company name, commercial register excerpt), the account can be upgraded to a business profile.

4.3 Verification of Business Users
CARS23 may request appropriate documentation to verify business status.

4.4 Multiple Accounts
Each natural or legal person may only register once. Multiple accounts per person or entity are not permitted and may be suspended.

4.5 Obligation to Update Data
Users must promptly update their account data if any information changes.

4.6 Legal Capacity
Registration is only permitted for adults with full legal capacity. CARS23 may request proof of identity or age.
5.Platform Use and Content
Users agree not to post or share unlawful, offensive, racist, or otherwise inappropriate content.
Prohibited actions include (but are not limited to):
- Uploading content belonging to third parties without authorization
- Using automated systems (e.g., bots, crawlers) without prior written consent
- Distributing spam, misleading, or fraudulent content
- Uploading or promoting materials that violate copyrights, trademarks, or personality rights
- Harassing or defaming other users
- Uploading or promoting racist, pornographic, harmful, or violent material
- Using or promoting copyrighted materials without permission
- Promoting deceptive or unfair practices (e.g., chain letters, pyramid schemes)
5.1 Reporting Misuse

Users must report any suspicious, abusive, or unlawful activities to CARS23 immediately.

5.2 Enforcement and Sanctions

CARS23 may delete content or temporarily/permanently suspend user accounts in case of violations.
Users will generally be informed in advance unless immediate action is required by law.

5.3 Reinstatement

Accounts may be reinstated if allegations prove unfounded.
6.Dealer Verification (KYC)
Commercial dealers must undergo verification before publishing listings.
This includes manual verification by CARS23 (e.g., trade register extract, business website, proof of address).
Only verified dealers may publish listings.

Optionally, dealers may post anonymously (e.g., in the luxury or high-value vehicle segment).
In such cases, CARS23 acts as an intermediary for communication.
7.Fees & Subscriptions
Basic functions of the platform are free of charge.
Certain premium features or dealer memberships may require paid subscriptions.
Prices, terms, and cancellation policies are clearly displayed prior to purchase.

CARS23 reserves the right to modify its offerings and to introduce or adjust paid features. There is no entitlement to the permanent availability of specific features.
8.Platform Availability
CARS23 strives to maintain high platform availability.
However, maintenance, updates, or technical disruptions may occasionally result in temporary downtime.
Continuous availability cannot be guaranteed.
9.Liability
CARS23 shall be liable only for damages resulting from intentional or grossly negligent conduct.
CARS23 assumes no liability for user-generated content, listings, or communications.

The platform does not guarantee successful transactions or contractual agreements.
CARS23 is not liable for damages caused by unauthorized account access or data loss.
10.Content Rights / Intellectual Property
By uploading content (e.g., images, text, videos), users grant CARS23 a non-exclusive, worldwide, royalty-free, and unlimited right to use, reproduce, and distribute such content for platform operation and promotional purposes.

Users warrant that they hold all necessary rights to their uploaded content and shall indemnify CARS23 from any third-party claims arising from rights infringements.
11.Termination
Users may delete their accounts at any time.
CARS23 may suspend or terminate accounts for good cause (e.g., repeated violations, non-payment, legal infractions).
Free services may be modified or discontinued at any time without notice.
12.Data Protection
The Privacy Policy of free communication GmbH applies and can be viewed at: www.cars23.io/privacy
13.Changes to Terms
CARS23 reserves the right to modify these Terms of Use.
Users will be notified of any changes in advance.
Unless the user objects within 14 days, the changes are deemed accepted.
14.Jurisdiction and Applicable Law
German law applies.
Where legally permissible, the exclusive place of jurisdiction is Düsseldorf, Germany.

Version: October 2025