Terms & Conditions

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 "User") of the platform. By using CARS23, 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 secure.

Each user may only create one main account. Under certain multiple profiles (e.g. buyer or dealer) may be managed. Users must maintain accurate and up-to-date personal accounts in cases of violations of these terms, suspicion of fraud, or abuse. There is no entitlement to registration or continued use of the services.

4. User Categories and Main Profile Approach

4.1 User Categories

Private Users: Natural persons using the platform as consumers under §13 BGB (German Civil Code).
Dealers: Natural or legal persons or partnerships using the platform commercially under §14 BGB.

4.2 Main Profile Approach

Registration initially occurs through a standard form.
By subsequently providing business information (e.g., company name, commercial register entered), 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 users 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
Distributing spam, malware, or viruses
Extr/acting users, misleading, or fraudulent content
Uploading or promoting materials that violate copyrights, trademarks, or personality rights
Manipulating reviews, ratings, or search results
Uploading or promoting racist, pornographic, harmful, or violent material
Using or promoting copyrighted materials without authorization
Posting misleading or false vehicle-related statements (e.g., mileage, prior accidents, tax matters)

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 (except for repeated or serious offenses).

5.3 Reimbursement

Accounts may be reinstated if allegations prove unfounded.

6. Dealer Verification (KYC)

Commercial dealers must undergo verification before publishing listings.
Required documents may include: trade register extract, business website, proof of address. Only verified dealers may publish listings.

Optionally, dealers may post anonymously (e.g., in the testing phase, to protect business secrets).
In both 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 (incl. paid subscriptions).
Prices, terms, and cancellation policies are clearly explained prior to purchase.

CARS23 reserves the right to modify or introduce new fees for platform features.
Existing subscriptions are honored until the end of the billing period. Dealers.

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 the actual agreement.
CARS23 is not liable for damages caused by unauthorized account access or data loss.

10. Intellectual Property / 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 ensure 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 and CARS23 may terminate accounts for good cause (e.g., repeated violations, non-payment, legal infractions).
Free services may be canceled 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.
Continued use of the platform after 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