General Terms of Use and Sale

These terms govern the use of arstdata.com, rv.arstdata.com and their subdomains (the “Site”) and the purchase of credits and other services contracted through it. They are written to be understood; if anything is unclear, write to us at info@arstdata.com.

1. Who we are

In compliance with Article 10 of Law 34/2002 on information society services and electronic commerce (Ley 34/2002, de servicios de la sociedad de la información y de comercio electrónico, “LSSI-CE”), the owner of the Site is ARSTDATA LABS SL, with NIF B88701362 and registered office at Calle Ciprés 30, 28460 Los Molinos (Madrid), Spain, registered in the Commercial Registry of Madrid. It operates under the brand ARST Data (“ARST Data”, “we”). Contact email: info@arstdata.com.

2. Scope and acceptance

2.1. By creating an account, buying credits or using the services, you accept these terms, the Privacy Policy and the Cookie Policy. If you do not agree, do not use the Site.

2.2. We distinguish two types of user:

• Consumer: a natural person acting for purposes outside their commercial, business, trade or profession.
• Business User: a natural or legal person acting within the framework of their business or professional activity, including natural persons who contract on behalf of a company.

Some clauses apply to only one of the two types, and this is stated. What the law mandatorily grants to consumers prevails over anything these terms say.

2.3. If your company has signed a master agreement with ARST Data, that agreement prevails over these terms; these terms apply only to the technical use of the Site and to the extent they do not contradict it.

3. What we offer

3.1. On the Site we offer, among others, the following services:

• Today’s valuation: an estimate of the market value of a used vehicle as at the date of the query.
• Residual value: an estimate of the value of a vehicle at a term of between 6 and 72 months.
• Portfolio monitor: a revaluation of a portfolio of vehicles that the Business User uploads to the Site.
• Market reports: country reports covering different periods (fortnightly, last 90 days and quarterly).
• Dashboards and sample data: macroeconomic and insurance information and samples of derived data, some of them without registration.

3.2. The content, the price in credits and the availability of each service are shown on the Site at the time of contracting it. Only services and editions that are already available are offered for sale.

3.3. The terms of the services for companies under contract (subscriptions, API, derived data, professional services) are set out in the corresponding master agreement.

4. What our results are, and what they are not

4.1. The results on the Site are statistical estimates produced by models from market information and the vehicle data you enter. They express a probable value and a range, not a certain value.

4.2. Our results are not official, expert or approved valuations; they do not replace inspection of the vehicle or verification of its condition, encumbrances or history; and they are not financial, investment, accounting, tax or legal advice. Any decisions you take on the basis of them are yours, and you take them at your own responsibility.

4.3. Any accuracy figures we provide to you are historical, refer to the period they indicate and do not guarantee the result for a specific vehicle.

5. Origin of the data

5.1. Our results are based on market information obtained and processed by ARST Data by its own means.

5.2. Unless we expressly say otherwise for a specific data point, values are estimated from our own aggregated and validated market data, and are not presented as coming from any particular source or as the price of any specific sale. They are indicative estimates of market value and do not guarantee the price at which a vehicle will be bought or sold. Any decisions you take on the basis of them are yours (clause 4.2), and our liability is governed by clause 12.

5.3. The specific sources, their combination and the methodology are trade secrets of ARST Data and are not disclosed.

5.4. We do not guarantee that the information is accurate, complete or up to date at all times, nor the coverage of all makes, models, versions or countries.

6. User account

6.1. To use most of the services you need an account with a valid email address that you will verify. You must be over 18 years of age and provide truthful information.

6.2. The account is personal. You are responsible for keeping your password confidential and for anything done from your account, and you must notify us if you suspect misuse. If a company needs several users, each of them must have their own account.

6.3. You may close your account at any time from your profile or by writing to us.

7. Credits

7.1. What they are. Credits are prepaid units that are consumed when obtaining certain results. The Site states before each action how many credits it costs (for example, 1 credit per valuation, or 20, 40 or 60 credits per market report depending on the edition).

7.2. When they are deducted. Credits are deducted when the result is delivered to you. If a result is not delivered or is manifestly erroneous because of a fault on our part, we will return the credits consumed.

7.3. Duration. Purchased credits do not expire while your account is active.

7.4. Free credits. We may grant free credits, for example upon verification of your email. They are granted once per person, have no economic value, are not refundable, and we may withdraw them if we detect duplicate accounts or abusive use.

7.5. Refunds. Purchased credits are not refundable, except in the following cases:

• a) a fault on our part under section 7.2, if it is no longer possible to return the credits to you;
• b) if you are a Consumer and you exercise your right of withdrawal under clause 9;
• c) if we stop providing the service for which you bought the credits, close your account without you having breached these terms, or amend these terms and you do not accept the change under clause 15: we will refund the purchased credits that have not been consumed;
• d) if you are a Consumer and the service does not conform to what was contracted, with the remedies the law grants you (clause 12.4).

7.6. Credits are personal and non-transferable, may not be sold or assigned to other accounts and have no value outside the Site.

8. How to contract

8.1. Steps. To buy credits: (1) you log in; (2) you choose a pack on the pricing page or in your profile; (3) you review the summary showing the number of credits, the price, the applicable taxes and the total; (4) you enter your payment details on the secure payment gateway; and (5) you confirm the purchase. Until you confirm, you can correct any data or abandon the process.

8.2. Confirmation. After payment we will email you the purchase confirmation and the invoice. The credits are added to your account immediately.

8.3. Language and record. The contract may be concluded in Spanish or in English. We keep a record of each purchase, which you can consult in your profile; these terms are always available on the Site and you can download or print them.

8.4. Payment. Payments are processed through a secure payment gateway. ARST Data does not see or store your full card details. There are no subscriptions or automatic renewals when buying credits: each pack is a single payment.

9. Right of withdrawal (Consumers only)

9.1. If you are a Consumer, you have 14 calendar days from the purchase to withdraw from the contract without giving any reason and without penalty (Articles 102 and following of the consolidated text of the General Law for the Protection of Consumers and Users, approved by Royal Legislative Decree 1/2007 (texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios, aprobado por el Real Decreto Legislativo 1/2007)).

9.2. To exercise it, notify us before the period expires by any means that leaves a record, for example an email to info@arstdata.com. You may use the model form at the end of these terms, although it is not mandatory.

9.3. We will refund the corresponding amount to you by the same means of payment you used, within a maximum of 14 calendar days from the date we receive your notification, at no cost to you.

9.4. Refund on request. If you ask for it within 14 days of the purchase, by writing to info@arstdata.com, we refund the amount of the unused credits, by the same means of payment. Credits already used are not refunded.

10. Prices and taxes

10.1. Prices are shown in euros, including VAT. Businesses established in the European Union with a valid VAT number, and businesses outside the European Union, pay the price excluding VAT: the tax is deducted at checkout and the total appears before you confirm the purchase.

10.2. VAT is applied according to the customer’s location and status:

• Customers established in Spain: Spanish VAT at the rate in force.
• Businesses and professionals in other European Union countries with a valid EU VAT number in the VIES system: invoice without Spanish VAT, with the mention “Reverse charge” («Inversión del sujeto pasivo»); the customer accounts for the tax in their own country. If the EU VAT number is not valid in VIES, Spanish VAT applies.
• Consumers in other European Union countries: the VAT that corresponds under the regulations in force: Spanish VAT or that of the Consumer’s country, depending on whether or not ARST Data exceeds the EU threshold for distance sales of electronic services.
• Customers outside the European Union: no Spanish VAT; the customer will comply with the tax obligations of their own country.

10.3. In order to apply the tax correctly we may ask you for your country of residence, your NIF or your EU VAT number and verify the information you provide. If you provide inaccurate tax details, you will be responsible for the consequences.

11. Licence of use and prohibited uses

11.1. We grant you a limited, non-exclusive and non-transferable licence to use the results you obtain for your personal purposes or, if you are a Business User, for the internal purposes of your business. You may share a specific result with your customer or counterparty in a particular transaction if you state: “Statistical estimate by ARST Data. Not a valuation or advice.” (“Estimación estadística de ARST Data. No es una tasación ni un asesoramiento”).

11.2. The following is prohibited, unless authorised in writing by ARST Data:

• a) reselling, sublicensing, publishing or distributing the results or the data of the Site, or providing valuation or data services to third parties with them;
• b) extracting or reusing a substantial part of the contents or databases of the Site, or non-substantial parts repeatedly and systematically;
• c) accessing the Site with robots, data-extraction programs or other automated means, or making mass queries or queries aimed at reconstructing our data, models or methodology;
• d) reverse engineering, decompiling or attempting to obtain the source code, the models or the methodology, except in the cases the law mandatorily permits;
• e) using the results or the data to train, tune or calibrate artificial intelligence models or models intended to estimate the value of vehicles, or to develop a product or service that competes with ARST Data;
• f) sharing your account, creating accounts to obtain the free credits several times or circumventing technical limits;
• g) attempting to access other people’s accounts, breaching the security of the Site or introducing malicious code;
• h) using the Site in a manner contrary to the law or to the detriment of third parties.

12. Liability

12.1. What we do. We provide the services with the diligence of a professional provider, but we do not guarantee that an estimate will match the actual sale price or that the Site will be available without interruption. We may interrupt the service for maintenance or technical reasons, and we will try to give you advance notice where possible.

12.2. Business Users. If you are a Business User, to the extent permitted by law:

• a) we are not liable for loss of profit, loss of business or indirect damages;
• b) we are not liable for losses arising from your business or risk decisions taken on the basis of our results, including credit losses, the difference between the estimated value and the price obtained, and provisions;
• c) our total liability to you shall not exceed the amount you have paid us in the twelve months preceding the event giving rise to the claim.

12.3. What is never limited. No limitation in these terms applies to damages caused by wilful misconduct or gross negligence, to personal injury, or to any liability that the law does not allow to be limited.

12.4. Consumers. If you are a Consumer, we are liable in accordance with the law for the damages we cause you by breaching the contract, and paragraphs 12.2.b) and c) do not apply to you. You are entitled to have the service conform to what was contracted and, if it does not, to have us bring it into conformity, to a proportionate reduction in the price or to terminate the contract, in accordance with Articles 114 and following of the consolidated text of the General Law for the Protection of Consumers and Users.

13. Intellectual property

The Site, its software, its models, its methodology, its databases, its texts, its designs and its trademarks belong to ARST Data or its licensors. Apart from the licence in clause 11, these terms do not transfer any rights over them to you.

14. Portfolios uploaded by Business Users

14.1. If you upload to the portfolio monitor data on contracts or vehicles of your customers, you are the controller of that data and ARST Data acts as processor. By uploading a portfolio you accept the Data Processing Agreement published on the Site, which forms part of these terms.

14.2. Do not upload names, identity documents, contact details, registration plates or chassis numbers. Use internal contract references. The Site may reject files containing such columns.

14.3. We do not use your portfolios for our own purposes or to train models for other customers. You can delete them from the Site at any time.

15. Changes to the service and to these terms

15.1. We may improve and modify the services. If a change removes a paid service or substantially worsens its terms, we will give you at least 30 days’ notice and you may request a refund of the purchased credits that have not been consumed.

15.2. We may amend these terms for legal, technical or commercial reasons. We will notify you by email and on the Site at least 15 days in advance. If you do not agree, you may close your account before they come into force and request a refund of the purchased credits that have not been consumed. If you continue to use the Site afterwards, the new terms will apply from that date. Purchases already made are governed by the terms in force when they were made, in everything that is not more favourable to you.

16. Suspension and closure of accounts

16.1. We may suspend or close your account if you seriously breach these terms, in particular clause 11, or if the law requires it. Except in cases of urgency or where prohibited by law, we will notify you beforehand and give you an opportunity to explain yourself.

16.2. If we close your account because of a breach on your part, the credits will not be refunded, unless you are a Consumer and the law provides otherwise. If we close it without any breach on your part, we will refund the purchased credits that have not been consumed.

17. Complaints

You may send us any complaint or claim at info@arstdata.com. We will reply as soon as possible and, at most, within one month. ARST Data is not a member of any consumer arbitration scheme or any code of conduct.

18. Governing law and courts

18.1. These terms are governed by Spanish law.

18.2. If you are a Consumer, you may bring proceedings before the courts of your domicile or those of Spain, at your choice, and we may sue you only before the courts of the State in which you reside (Article 90.2 of the consolidated text of the General Law for the Protection of Consumers and Users and Articles 17 to 19 of Regulation (EU) 1215/2012 (Brussels I bis)). You also keep the protection of the mandatory rules of your country of residence.

18.3. If you are a Business User, the parties submit to the Courts and Tribunals of the city of Madrid, waiving any other jurisdiction.

19. Final provisions

19.1. If any clause is void, the rest remains in force.

19.2. If these terms are published in several languages and there is a discrepancy, the Spanish version prevails, unless you are a Consumer and the version in your own language is more favourable to you.