General terms and conditions CarTwin

Version 1.1 — 28 August 2026

Article 1 — Who we are

CarTwin is a service of ORshoots, registered with the Chamber of Commerce under number 77785142, established at Schildersplein 211, 5172 BD Kaatsheuvel. Where these terms and conditions refer to "CarTwin", this shall mean ORshoots as a party to the agreement.

Article 2 — Definitions

Customer — the party who enters into an agreement with CarTwin.

Business customer — a customer acting in the course of a profession or business.

Consumer — a natural person not acting in the course of a profession or business.

Account — the personal environment through which the customer has access to CarTwin.

Recording — the video file of a vehicle supplied by the customer.

Model — the three-dimensional file that CarTwin produces from a recording.

Scan — a single instruction whereby one model is produced from one recording.

Credit — the right to one scan.

Availability period — the period during which a model can be viewed and downloaded via CarTwin.

Viewer — the web environment in which a model can be viewed.

Article 3 — Applicability

3.1 These terms and conditions apply to every offer from CarTwin, every agreement and all use of the service.

3.2 CarTwin supplies to both business customers and consumers. Chapter B contains additional provisions that apply exclusively to consumers. Where Chapter B deviates from Articles 1 to 20, Chapter B shall prevail.

3.3 Articles 3.4 and 3.5 apply exclusively to business customers.

3.4 The customer's general terms and conditions, under any name whatsoever, are expressly rejected and shall not apply, even if CarTwin does not separately object to them.

3.5 Deviations from these terms and conditions shall only apply if CarTwin has confirmed them in writing, and exclusively for the agreement to which they relate.

3.6 If a provision of these terms and conditions is void or voidable, the other provisions shall remain in full force and effect. In that case, the parties shall enter into consultation on a replacement provision that approximates the intention of the original provision as closely as possible.

Article 4 — Formation of the agreement

4.1 The agreement is formed at the moment the customer creates an account and accepts these terms and conditions, or at the moment CarTwin confirms an instruction in writing.

4.2 Every offer from CarTwin is non-binding and may be revoked as long as the customer has not accepted it.

4.3 Obvious mistakes and clerical errors in an offer shall not bind CarTwin.

Article 5 — Packages, credits and availability

5.1 CarTwin offers the service in packages. The number of scans and the availability period per package are stated on the website and apply as described there at the time of purchase.

5.2 One scan consumes one credit. A credit is consumed at the moment the scan is taken into processing.

5.3 If a scan fails due to a technical cause on CarTwin's side, then the credit will be credited back.

5.4 Credits are not transferable to third parties, are not redeemable for cash and expire twelve months after issue, unless otherwise agreed in writing.

5.5 Upon termination of the agreement, unused credits shall expire without any right to compensation.

5.6 CarTwin may change prices and packages. Changes do not apply to credits already purchased.

Article 6 — Payment

6.1 Payment shall be made in advance, unless otherwise agreed in writing. In the case of invoicing in arrears, a payment term of fourteen days from the invoice date shall apply.

6.2 Prices for business customers are stated exclusive of VAT. Prices for consumers are stated inclusive of VAT.

6.3 If a business customer does not pay on time, they shall be in default without notice of default being required and shall owe statutory commercial interest from the due date.

6.4 All collection costs incurred in respect of a business customer, both judicial and extrajudicial, shall be for the account of that customer. The extrajudicial collection costs amount to fifteen per cent of the outstanding amount, with a minimum of € 150.

6.5 CarTwin may suspend the service as long as the customer leaves a due and payable claim unpaid. Suspension does not release the customer from their payment obligation.

6.6 A business customer may not suspend payment and may not set off payments.

Article 7 — What CarTwin provides

7.1 CarTwin produces one model from one recording and makes it available during the availability period in the viewer and as a downloadable file.

7.2 CarTwin shall endeavour to deliver a model of good quality. CarTwin does not guarantee any particular outcome, accuracy, completeness or likeness. The quality of a model depends to a large extent on the recording, the lighting, the environment and the vehicle, and these factors are outside of CarTwin's control.

7.3 A model is a visual representation. It is expressly not suitable as a geometric, technical or valuation document, nor as proof of the condition of a vehicle. The customer shall not base any decisions on it or present it as such to third parties.

7.4 Stated delivery times are indicative and never constitute a strict deadline. Exceeding them does not entitle the customer to dissolution, compensation or suspension.

7.5 CarTwin may change the working method, technology and design of the service, even if this affects the appearance of models.

Article 8 — Customer's obligations upon submission

8.1 The customer shall supply recordings that comply with the recording instruction that CarTwin displays in the service. That instruction is binding and not advice.

8.2 The customer warrants that a recording consists of one continuous recording of one vehicle. A recording consisting of multiple fragments edited together will produce an unusable model without this being detectable in advance. The consequences thereof shall be for the customer's account and the consumed credit will not be credited back.

8.3 A scan that fails or produces an unsatisfactory result because the recording did not comply with the instruction does not entitle the customer to a new scan, the return of the credit, or a refund.

8.4 The customer is responsible for assessing the model within the availability period.

Article 9 — Visual material, rights and personal data

9.1 The customer warrants to CarTwin that they are entitled to make, upload and have the recording processed, and that this does not infringe any third-party rights.

9.2 The customer is responsible for the content of the recording. This explicitly includes number plates, people, bystanders, buildings, third-party property and all other recognisable data that appear in the image.

9.3 The customer is aware that a model may display legible number plates and that a number plate may be personal data. The customer shall assess for themselves whether they may share, publish or provide a model to third parties, and on what legal basis.

9.4 CarTwin processes recordings solely to provide the service. CarTwin does not use recordings for other purposes and does not provide them to third parties, except where under a legal obligation to do so.

9.5 For a business customer, CarTwin processes personal data on their instruction and acts as a processor. At the customer's request, the parties will conclude a data processing agreement. For a consumer, CarTwin is the data controller; no data processing agreement is concluded in that case. In both cases, CarTwin's privacy statement applies.

9.6 A business customer shall indemnify CarTwin against all claims from third parties and against all fines from supervisory authorities related to the content of the visual material supplied or the use they make of a model.

Article 10 — Availability and deletion of models

10.1 A model is available during the availability period of the package under which the scan was performed. This period begins at the moment the model is delivered.

10.2 After the availability period expires, CarTwin may permanently delete the model and the corresponding recording. The customer is responsible for downloading and saving the model in a timely manner. CarTwin will provide a prior reminder of this in the service.

10.3 CarTwin is not a storage or archiving service and does not offer backups. The customer is responsible for keeping their own copy of their recordings and models.

10.4 Deleted files cannot be recovered.

Article 11 — Sharing models

11.1 The customer can make a model shareable via a link. That link provides access to the model without an account and without a password.

11.2 The customer is responsible for the distribution of such a link and for the consequences thereof, including the visibility of number plates and other data in the model.

11.3 The customer can disable sharing at any time. CarTwin does not guarantee that a model that has been shared has not already been saved or copied by third parties.

Article 12 — Intellectual property

12.1 All rights to the software, the processing method, the viewer, the design and the name CarTwin are vested in CarTwin. Nothing in these terms and conditions transfers those rights.

12.2 The rights to the visual material supplied by the customer remain with the customer.

12.3 The customer obtains a non-exclusive, worldwide and transferable right of use for the model for their own purposes, including displaying the model in connection with the sale of the vehicle concerned. This right arises at the moment the scan has been paid for in full.

12.4 The customer is not permitted to use the service to develop a competing service, to reverse engineer the operation of the service, to query it automatically, or to provide third parties with access to their account.

12.5 CarTwin may use anonymised technical data about the processing to improve the service. This does not include recordings or models.

12.6 CarTwin will only use models or recordings for its own promotional purposes with the prior consent of the customer.

Article 13 — Availability of the service

13.1 CarTwin shall endeavour to keep the service available, but does not guarantee uninterrupted availability and does not provide a service level.

13.2 CarTwin may temporarily suspend the service for maintenance, modifications or improvements.

13.3 CarTwin uses the services of third parties for, among other things, storage, computing capacity and email.

13.4 If the service is offered as a pilot or trial version, the customer accepts that the service is still under development, that functions may change or be discontinued, and that malfunctions may occur.

Article 14 — Complaints

14.1 The customer shall inspect a model immediately upon delivery.

14.2 A business customer must report complaints about a model in writing within fourteen days of delivery, with a clear description of the defect. If they do not report it within this period, the model is deemed to have been accepted and any right to repair, replacement or refund shall lapse.

14.3 A complaint does not suspend the payment obligation of a business customer.

Article 15 — Liability

15.1 CarTwin's liability towards a business customer is limited to the amount that customer has paid to CarTwin in the six months prior to the event causing the loss, with a maximum of € 1,000 per event and per calendar year.

15.2 CarTwin is never liable to a business customer for indirect loss. This includes in any event lost profit, lost revenue, missed savings, reputational damage, loss due to business interruption, loss due to loss of data and loss due to claims from third parties.

15.3 CarTwin is not liable for: a. the quality of a model insofar as it results from the recording supplied; b. decisions that the customer or a third party bases on a model; c. loss of models or recordings after the end of the availability period; d. the consequences of sharing or publishing a model by the customer; e. loss resulting from incorrect or incomplete information from the customer.

15.4 Any claim by a business customer shall lapse twelve months after they became aware of the loss, and in any event twenty-four months after the event.

15.5 The limitations in this article do not apply in the case of intent or deliberate recklessness on the part of CarTwin, nor to the extent that they are not permitted by law.

Article 16 — Force majeure

16.1 CarTwin shall not be obliged to perform if it is prevented from doing so by force majeure.

16.2 Force majeure is understood to mean in any event: internet, electricity or telecommunications outages, failure or termination of services of suppliers, shortages of computing capacity, cyber-attacks, government measures and strikes.

16.3 If the force majeure lasts longer than sixty days, either party may terminate the agreement in writing.

Article 17 — Suspension and termination

17.1 CarTwin may suspend or terminate access to an account if the customer breaches these terms and conditions, if there is misuse or unlawful use, or if the customer fails to meet their payment obligation.

17.2 In the event of termination on the grounds of this article, there is no right to a refund and any remaining credits will be forfeited.

17.3 The customer may terminate the agreement at any time by cancelling their account.

17.4 After termination, CarTwin may delete all of the customer's recordings and models.

Article 18 — Confidentiality

The parties shall treat all confidential information they receive from each other as confidential and shall use it exclusively for the purpose for which it was provided.

Article 19 — Amendment of these terms and conditions

19.1 CarTwin may amend these terms and conditions. Amendments will be announced at least thirty days before they take effect via the service or by email.

19.2 If the customer does not agree to an amendment, they may terminate the agreement as of the date the amendment takes effect.

Article 20 — Applicable law and disputes

20.1 All agreements between CarTwin and the customer are governed exclusively by Dutch law. The Vienna Convention on Contracts for the International Sale of Goods is excluded.

20.2 Disputes with a business customer shall be submitted exclusively to the competent court of the District Court of Rotterdam.

Chapter B — Additional provisions for consumers

This chapter applies exclusively if the customer is a consumer. Where this chapter deviates from Articles 1 to 20, this chapter shall apply.

Article B1 — Prices

All prices shown to a consumer are inclusive of VAT and inclusive of all other unavoidable costs. The price shown when completing the order is the price the consumer pays.

Article B2 — Right of withdrawal

B2.1 The consumer has the right to withdraw from the agreement within fourteen days of its conclusion without giving any reason.

B2.2 That right shall lapse as soon as CarTwin begins performance, provided that the consumer has expressly requested this and has declared that they waive their right of withdrawal. CarTwin will expressly ask for this in the service before a scan is started, and will confirm this in writing.

B2.3 As long as the consumer has not given this declaration, CarTwin will not start the scan.

B2.4 If the consumer withdraws within the period and no scan has yet been started, CarTwin will refund what has been paid within fourteen days.

B2.5 If multiple credits have been purchased and none have been used, the right of withdrawal applies to the entire package. If a scan has already been started, it applies to the remaining, unused part.

Article B3 — Payment and default

B3.1 In the event of late payment, the consumer shall owe statutory interest, and not statutory commercial interest.

B3.2 CarTwin will only charge extrajudicial collection costs after it has sent the consumer a written demand for payment and has given them a period of fourteen days to pay free of charge. The amount of these costs will follow the statutory regulations.

B3.3 Article 6.6 does not apply to a consumer. A consumer retains their statutory rights of suspension and set-off.

Article B4 — Complaints and conformity

B4.1 The period of fourteen days from Article 14.2 does not apply to a consumer. A consumer must report a complaint within a reasonable time after they have discovered the defect or should reasonably have discovered it.

B4.2 The statutory rights of the consumer in the event of a defect in the service remain in full force. Nothing in these terms and conditions limits those rights.

B4.3 Complaints can be reported via service@cartwin.nl. CarTwin will provide a substantive response within fourteen days.

Article B5 — Liability

B5.1 The limitations in Article 15 do not apply to a consumer to the extent not permitted by law.

B5.2 Towards a consumer, CarTwin is liable in accordance with the statutory rules. Liability for indirect loss is excluded to the extent permitted by law.

Article B6 — Personal data

B6.1 For a consumer, CarTwin is the data controller for the data in the recordings supplied and the models produced from them. No data processing agreement is concluded with a consumer.

B6.2 The consumer remains responsible for what they film. They warrant that they are entitled to make the recording, and that no people or third-party property are visible on it without them having a legal basis for doing so.

B6.3 CarTwin's privacy statement describes how this data is processed and how long it is stored.

Article B7 — Amendment of the terms and conditions

If CarTwin amends these terms and conditions to the detriment of the consumer, the consumer may terminate the agreement free of charge as of the date on which the amendment takes effect, with a refund of the unused portion of their credits.

Article B8 — Disputes

B8.1 Article 20.2 does not apply to a consumer.

B8.2 A consumer may submit a dispute to the court that is competent according to the law, including the court of their own place of residence.

B8.3 CarTwin requests that the consumer first reports a complaint directly via service@cartwin.nl, so that the parties can try to reach a solution together.

*ORshoots, CoC 77785142 — Schildersplein 211, 5172 BD Kaatsheuvel*