TERMS AND CONDITIONS

Last updated August 14, 2026

AGREEMENT TO OUR LEGAL TERMS

We are BimmerDash (‘Company’, ‘we’, ‘us’, or ‘our’).

We operate the website http://bimmerdash.com/ (the ‘Site’), as well as any other
related products and services that refer or link to these legal terms (the
‘Legal Terms’) (collectively, the ‘Services’).

You can contact us by email at inquiries@bimmerdash.com or by mail to Varnių
gatvė 45-16, Kaunas 48413, Lithuania.

These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (‘you’), and BimmerDash, concerning
your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services
you are using. The modified Legal Terms will become effective upon posting or
notifying you by inquiries@bimmerdash.com, as stated in the email message. By
continuing to use the Services after the effective date of any changes, you
agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PRODUCTS
  6. PURCHASES AND PAYMENT
  7. RETURN POLICY
  8. PROHIBITED ACTIVITIES
  9. USER GENERATED CONTRIBUTIONS
  10. CONTRIBUTION LICENCE
  11. SERVICES MANAGEMENT
  12. PRIVACY POLICY
  13. TERM AND TERMINATION
  14. MODIFICATIONS AND INTERRUPTIONS
  15. GOVERNING LAW
  16. DISPUTE RESOLUTION
  17. CORRECTIONS
  18. DISCLAIMER
  19. LIMITATIONS OF LIABILITY
  20. INDEMNIFICATION
  21. USER DATA
  22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  23. MISCELLANEOUS
  24. CONTACT US
  25. OUR SERVICES

The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.

  1. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services
(collectively, the ‘Content’), as well as the trademarks, service marks, and
logos contained therein (the ‘Marks’).

Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties
around the world.

The Content and Marks are provided in or through the Services ‘AS IS’ for your
personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the ‘PROHIBITED
ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable,
revocable licence to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have
    properly gained access, solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of
the Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your request
to: inquiries@bimmerdash.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.

Your submissions

Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully
prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services (‘Submissions’), you agree to
assign to us all intellectual property rights in such Submission. You agree that
we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions
through any part of the Services you:

  • confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and
    will not post, send, publish, upload, or transmit through the Services any
    Submission that is illegal, harassing, hateful, harmful, defamatory,
    obscene, bullying, abusive, discriminatory, threatening to any person or
    group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights
    to any such Submission;
  • warrant that any such Submission are original to you or that you have the
    necessary rights and licences to submit such Submissions and that you have
    full authority to grant us the above-mentioned rights in relation to your
    Submissions; and
  • warrant and represent that your Submissions do not constitute confidential
    information.

You are solely responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of
(a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.

  1. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Services for any illegal or unauthorised purpose; and (7)
your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).

  1. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.

  1. PRODUCTS

We make every effort to display as accurately as possible the colours, features,
specifications, and details of the products available on the Services. However,
we do not guarantee that the colours, features, specifications, and details of
the products will be accurate, complete, reliable, current, or free of other
errors, and your electronic display may not accurately reflect the actual
colours and details of the products. All products are subject to availability,
and we cannot guarantee that items will be in stock. We reserve the right to
discontinue any products at any time for any reason. Prices for all products are
subject to change.

  1. PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover
  • Stripe

You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in Euros.

You agree to pay all charges at the prices then in effect for your purchases and
any applicable shipping fees, and you authorise us to charge your chosen payment
provider for any such amounts upon placing your order. We reserve the right to
correct any errors or mistakes in pricing, even if we have already requested or
received payment.

We reserve the right to refuse any order placed through the Services. We may, in
our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that use
the same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole judgement, appear to be placed by dealers, resellers,
or distributors.

  1. RETURN POLICY

Please review our Return Policy prior to making any purchases:
https://bimmerdash.com/refund_returns/.

  1. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which
we make the Services available. The Services may not be used in connection with
any commercial endeavours except those that are specifically endorsed or
approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or
    compile, directly or indirectly, a collection, compilation, database, or
    directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to
    learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features
    of the Services, including features that prevent or restrict the use or
    copying of any Content or enforce limitations on the use of the Services
    and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
    Services.
  • Use any information obtained from the Services in order to harass, abuse, or
    harm another person.
  • Make improper use of our support services or submit false reports of abuse
    or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or
    regulations.
  • Engage in unauthorised framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
    horses, or other material, including excessive use of capital letters and
    spamming (continuous posting of repetitive text), that interferes with any
    party’s uninterrupted use and enjoyment of the Services or modifies,
    impairs, disrupts, alters, or interferes with the use, features, functions,
    operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send
    comments or messages, or using any data mining, robots, or similar data
    gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another
    user.
  • Upload or transmit (or attempt to upload or to transmit) any material that
    acts as a passive or active information collection or transmission
    mechanism, including without limitation, clear graphics interchange formats
    (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
    referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
  • Interfere with, disrupt, or create an undue burden on the Services or the
    networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents
    engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or
    restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash,
    PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or
    reverse engineer any of the software comprising or in any way making up a
    part of the Services.
  • Except as may be the result of standard search engine or Internet browser
    usage, use, launch, develop, or distribute any automated system, including
    without limitation, any spider, robot, cheat utility, scraper, or offline
    reader that accesses the Services, or use or launch any unauthorised script
    or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorised use of the Services, including collecting usernames
    and/or email addresses of users by electronic or other means for the purpose
    of sending unsolicited email, or creating user accounts by automated means
    or under false pretences.
  • Use the Services as part of any effort to compete with us or otherwise use
    the Services and/or the Content for any revenue-generating endeavour or
    commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.
  1. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, ‘Contributions’). Contributions may be viewable by other
users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the Services’
Privacy Policy. When you create or make available any Contributions, you thereby
represent and warrant that:

  • The creation, distribution, transmission, public display, or performance,
    and the accessing, downloading, or copying of your Contributions do not and
    will not infringe the proprietary rights, including but not limited to the
    copyright, patent, trademark, trade secret, or moral rights of any third
    party.
  • You are the creator and owner of or have the necessary licences, rights,
    consents, releases, and permissions to use and to authorise us, the
    Services, and other users of the Services to use your Contributions in any
    manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every
    identifiable individual person in your Contributions to use the name or
    likeness of each and every such identifiable individual person to enable
    inclusion and use of your Contributions in any manner contemplated by the
    Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorised advertising,
    promotional materials, pyramid schemes, chain letters, spam, mass mailings,
    or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent,
    harassing, libellous, slanderous, or otherwise objectionable (as determined
    by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
    anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of
    those terms) any other person and to promote violence against a specific
    person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any
    third party.
  • Your Contributions do not violate any applicable law concerning child
    pornography, or otherwise intended to protect the health or well-being of
    minors.
  • Your Contributions do not include any offensive comments that are connected
    to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that
    violates, any provision of these Legal Terms, or any applicable law or
    regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights
to use the Services.

  1. CONTRIBUTION LICENCE

You and Services agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree
that we can use and share such feedback for any purpose without compensation to
you.

We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.

  1. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.

  1. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy:
https://bimmerdash.com/privacy-policy-2/. By using the Services, you agree to be
bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in Lithuania. If you access the
Services from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from
applicable laws in Lithuania, then through your continued use of the Services,
you are transferring your data to Lithuania, and you expressly consent to have
your data transferred to and processed in Lithuania.

  1. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services
at any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We also reserve
the right to modify or discontinue all or part of the Services without notice at
any time. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.

  1. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of
Lithuania, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual residence
is in the EU, and you are a consumer, you additionally possess the protection
provided to you by obligatory provisions of the law in your country to
residence. BimmerDash and yourself both agree to submit to the non-exclusive
jurisdiction of the courts of Kaunas, Lithuania, or in the EU country in which
you reside.

  1. DISPUTE RESOLUTION

Informal Negotiations To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’
and collectively, the ‘Disputes’) brought by either you or us (individually, a
‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the other
Party.

Binding Arbitration Any dispute arising from the relationships between the
Parties to these Legal Terms shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of the European
Court of Arbitration being part of the European Centre of Arbitration having its
seat in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Kaunas, Lithuania. The language of
the proceedings shall be English. Applicable rules of substantive law shall be
the law of Lithuania.

Restrictions The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or
to utilise class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration The Parties agree that the
following Disputes are not subject to the above provisions concerning informal
negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorised use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.

  1. CORRECTIONS

There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.

  1. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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 JUDGEMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.

  1. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER
OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR 50. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and warranties set forth in these Legal
Terms; (4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defence and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defence of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.

  1. USER DATA

We will maintain certain data that you transmit to the Services for the purpose
of managing the performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption of
such data.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.

  1. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defences you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.

  1. CONTACT US

In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:

BimmerDash Varnių gatvė 45-16 Kaunas 48413 Lithuania inquiries@bimmerdash.com