Terms and Conditions

1. Introduction and Scope

Welcome to Auto Power Search, an automotive listing and search platform provided by EVO Creations GmbH (“we,” “us,” or “our”). These comprehensive Terms and Conditions (“Terms”) govern your access to and use of our SaaS product, website, and related services. By accessing or using Auto Power Search, you explicitly agree to be bound by these Terms. If you do not agree, you must immediately cease using the platform.

2. Service Overview

Auto Power Search provides a sophisticated digital marketplace and search infrastructure for automotive dealers and private users to list, manage, and search for vehicles. We provide the technical platform but are not a party to any transaction, contract, or dispute between buyers and sellers arising from the use of our service.

3. Content Guidelines, Verification, and Moderation

To maintain a safe and trustworthy marketplace, all users must adhere to strict content standards. You are solely responsible for the accuracy, legality, and completeness of any listing you publish.

• •Right to Verify: We reserve the absolute right, though not the obligation, to review, verify, and monitor all listings, images, and descriptions submitted to the platform.
• •Strict Moderation: We reserve the right to immediately unpublish, suspend, or permanently delete any listing or account without prior notice if we detect content that is harmful, illegal, fraudulent, misleading, offensive, or otherwise in violation of these Terms or applicable laws.
• •No Liability for Content: EVO Creations GmbH accepts no liability for any user-generated content or the consequences of its publication.

4. Data Privacy, Storage, and Security

We are deeply committed to protecting your data. Our data practices are governed by strict adherence to the General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (FADP).

• •Data Categories: We process car data (specifications, histories, pricing), personal data (names, contact details), financial data (billing details for subscriptions), and client behavioral data.
• •EU Storage & Compliance: All data is securely hosted and stored exclusively within the European Union (EU) on GDPR-compliant infrastructure.
• •No Third-Party Sharing: We maintain a strict policy of non-disclosure. Your data, including personal, financial, and client data, will never be sold, rented, or shared with third-party companies for their own commercial or marketing purposes.
• •Right to Deletion: You retain full ownership of your data. All data can and will be permanently deleted from our active servers and backups upon your explicit request.

5. Account Security and Responsibilities

You are responsible for safeguarding your account credentials. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your login information.

6. Payments, Subscriptions, and Cancellation

Services are provided on a subscription basis. Fees are billed in advance. You may cancel your subscription at any time; however, all payments are non-refundable unless otherwise required by mandatory law. We reserve the right to suspend access to the service for unpaid accounts.

7. Intellectual Property

All intellectual property rights in the Auto Power Search platform, including but not limited to software, design, algorithms, and trademarks, remain the exclusive property of EVO Creations GmbH. You are granted a limited, non-exclusive, non-transferable license to use the platform in accordance with these Terms.

8. Warranties, Limitation of Liability, and Indemnification

Disclaimer of Warranties: The service is provided on an “as-is” and “as-available” basis without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted or error-free operation.

Limitation of Liability: To the absolute maximum extent permitted by applicable law, EVO Creations GmbH, its directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of, or inability to access or use, the platform.

Indemnification: You agree to defend, indemnify, and hold harmless EVO Creations GmbH from any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the service, your violation of these Terms, or your violation of any third-party right.

9. Amendments to the Terms

We reserve the right to modify these Terms at any time. Significant changes will be communicated via email or platform notification. Continued use of the platform after such changes constitutes your acceptance of the new Terms.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in the Canton of Zurich, Switzerland.