1. Sales Agreement. The sale of products and services (“Products”) by MOBIAS Mobility Advanced Solution GmbH (“MOBIAS”) is governed by these terms and conditions (“Terms and Conditions”). MOBIAS’s offer to sell Products to the buyer (“Buyer”) is expressly conditioned upon Buyer’s a cceptance of these Terms and Conditions, as evidenced by (i) Buyer’s issuance of an Order (as defined below) for Products, (ii) Buyer’s acceptance of any Products under an Order, or (iii) Buyer’s payment for any Products under an Order. These Terms and Conditions apply to the exclusion of any other terms that the Buyer seeks to impose or incorporate or which could be implied by trade, custom, practice or course of dealing. Any terms included on any Order, acknowledgment form or other documents issued by or on behalf of Buyer shall not apply and are hereby voided, except to the extent that any such terms are expressly agreed to in writing by MOBIAS. Any offers to sell Products by MOBIAS must be in writing to be valid, and all such offers shall be valid for thirty (30) days from the date of issuance, unless otherwise set forth in such offer. Offers shall be deemed accepted only upon MOBIAS’s receipt of Buyer’s written acceptance of such offer (an “Order”), provided that MOBIAS receives such Order prior to the offer’s expiration date. Buyer may not cancel an Order without MOBIAS’s prior written approval. Subject to the warranty set forth herein, Products purchased under these Terms and Conditions are not returnable or refundable.
2. Prices. All prices exclude (and Buyer shall be solely responsible for) costs of packing, loading, shipping, delivery, insurance, payment fees, installation and commissioning. Prices do not include any fees, taxes or duties relating to the shipment and delivery of the Products, including without limitations value-added tax (VAT), duty, import and export tariffs and other forms of taxes and excise duties in recipient country.
3. Payment. Payment shall be due on the date indicated in MOBIAS’s invoice. For late payments, MOBIAS may, at its sole discretion, charge interest at the market rate in force in Germany accruing from the date the payment was due until such payment is made in full together with such interest. Buyer may not withhold or set off any payment under any circumstances, including as a consequence of any counterclaims of Buyer.
4. Delivery. The estimated date of delivery shall be stated in MOBIAS’s Order Acknowledgment to Buyer. In no event shall MOBIAS be liable to Buyer for any costs, fees, penalties or price reductions as a result of any failure to deliver the Product(s) in accordance with any estimated delivery dates. Partial deliveries and partial invoicing by MOBIAS are permitted unless otherwise agreed upon in writing by the parties. Delivery shall be made Ex Works (EXW Incoterms 2010), MOBIAS’s shipping point. Unless otherwise agreed upon by the parties in writing, Buyer shall arrange for transportation and transport insurance. If Buyer fails to arrange for transportation, MOBIAS will choose a method of transportation that it deems appropriate. In all cases, Buyer is solely responsible for all expenses involved in the shipment and delivery of the Products (including without limitation loading, freight, shipping, insurance, forwarding and handling charges).
5. Factory Acceptance Test. MOBIAS will, if agreed in agreement with the Buyer, perform a factory acceptance test (FAT) to ensure that the Products conform to Buyer’s specifications. The FAT will occur at manufacturer’s facilities prior to delivery. Both MOBIAS and Buyer will sign off on the successful completion of the FAT, upon which Buyer shall waive the right to claim that the Products do not conform to Buyer’s specifications. Upon completion of the FAT, MOBIAS will prepare the Products for delivery.
6. Use of Products. MOBIAS shall not be liable for any damages resulting from any interference with the operation or use of the Products due to Buyer’s environmental conditions, including, but not limited to, ambient temperature and humidity, cleanliness of the facility or surrounding environment, or electromagnetic interference. MOBIAS shall further not be liable for any consequential damages resulting from inaccurate measurement results.
7. Confidentiality. Confidential Information means any and all information disclosed by MOBIAS to Buyer whether or not such information is marked confidential, including information relating to the matters which are the subject of these Terms and Conditions and all other information regarding MOBIAS’s research, technology, know-how, ideas, concepts, designs, inventions (whether patentable or not), products, markets, computer programs, prototypes, processes, machines, manufacture, compositions of matter, business plans and operations, technical information, drawings, schematics, specifications, and the like (“Confidential Information”).
8. Warranty. For a period of one (1) year following the date of delivery, and subject to the other provisions of this Warranty Section, MOBIAS warrants that all new Products purchased directly from MOBIAS shall be free of material defects in materials and workmanship. Buyer’s sole and exclusive remedy, and MOBIAS’s sole and exclusive obligation, in the event of any product defect, shall be for MOBIAS to, at its option, repair or replace such Products free of charge. In no event shall MOBIAS be liable for ordinary wear and tear. In order to get the benefit of the foregoing warranty, Buyer must examine the delivered Products immediately upon receipt thereof and report to MOBIAS, in writing, any visible defects within ten (10) working days of such receipt. Any defects that are not reasonably detected through visible inspection must be reported to MOBIAS, in writing, within ten (10) working days after discovery of such defect. Buyer’s failure to report defects within the foregoing time periods will be deemed an unqualified waiver of any and all of Buyer’s rights to warranty claims. MOBIAS does not provide any warranty for third party parts. Such parts, components or products may be warranted by third parties on a “pass through” basis. The foregoing remedies shall not apply to any product failure caused in whole or in part by (i) Buyer’s failure to operate, maintain or service the Products in accordance with MOBIAS’s documentation, (ii) any alteration, modification or repair made to the Products other than by MOBIAS, or (iii) use of the Products for a purpose other than that for which it is intended. Buyer shall not ship Products back to MOBIAS for any reason without MOBIAS’s prior written consent. Notwithstanding such consent, MOBIAS reserves the right to inspect the Products at its facility and to refuse, at its sole discretion, to accept the return of any item if MOBIAS determines that the Products’ warranty is not applicable for the reasons set forth above. Any defective Products or parts forwarded by Buyer to MOBIAS for repairs or replacement, shall be carriage paid and at Buyer’s risk. Buyer must clearly indicate the nature of the defect or shortcoming. The remedy obligations of this Warranty Section shall apply to any replacement Products or parts only for the same duration of time as for the replaced Products or parts. THE CORRECTION OF ANY DEFECT IN, OR FAILURE OF, PRODUCTS BY REPAIR OR REPLACEMENT IN ACCORDANCE WITH MOBIAS’S POLICIES DESCRIBED HEREIN SHALL BE MOBIAS’S SOLE AND EXCLUSIVE OBLIGATION AND THE SOLE AND EXCLUSIVE REMEDY OF BUYER FOR ANY AND ALL LOSSES, DELAYS OR DAMAGES RESULTING FROM THE PURCHASE OR USE OF MOBIAS’S PRODUCTS. OTHER THAN THE LIMITED WARRANTY SPECIFICALLY STATED HEREIN, MOBIAS SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES WITH RESPECT TO MOBIAS’S PRODUCTS, INCLUDING THE PERFORMANCE THEREOF AND ANY SERVICES PROVIDED TO BUYER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
9. Limitation of Liability. To the extent permitted by law, MOBIAS shall not be liable whether in contract, breach of statutory duty or otherwise for any special, incidental, consequential or indirect damages or for loss of goodwill or business profits, lost revenue, work stoppage, computer failure or malfunction, or for any and all other exemplary or punitive damages arising hereunder or from the use of Products, including, without limitation, any such loss or damage relating to personal injury or property damage.
10. Force Majeure. MOBIAS shall not be liable for failure to perform or for delay in performance due to fire, flood, strike, or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, wrecks or delays in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources, or due to any cause beyond MOBIAS’s reasonable control. In the event of a delay in performance due to any such cause, the estimated date of delivery or time for completion of performance will be extended by a period of time reasonably necessary to overcome the effect of such delay. If MOBIAS reasonably determines that any such delay in performance is likely to extend for a period of ninety (90) days or more, MOBIAS shall have the right to cancel the applicable order upon notice to Buyer with no liability or further obligation to Buyer with respect to such order.
11. Governing Law/Venue. These Terms and Conditions and any dispute or claim arising hereunder shall be governed by laws of Germany.
12. Other Agreements. These Terms and Conditions shall apply to all sales by MOBIAS.

MOBIAS Mobility Advanced Solutions GmbH referred to as "Mobias," takes the protection of your privacy very seriously. We implement necessary technical and organizational measures to secure data processing and protect your personal information from unauthorized access. In this privacy policy, we outline the key aspects of data processing about video and image recordings in road traffic.

1. Purpose of Processing: as an engineering service provider to vehicle development for both customers and public research and development projects, Mobias conducts test drives and road space inventory surveys using video or image recordings taken at regular intervals by cameras on or in vehicles. These recordings are used for evaluating and verifying development results, recording display and control units during driving, analyzing special features inside and outside the test vehicle, and testing new Advanced Driver Assistance Systems (ADAS).
2. Categories of Data and Legal Basis for Processing Personal data is any information that directly or indirectly identifies you and can reveal details about you as an individual. Mobias processes your personal data in accordance with the Research Organization Act (FOG), the Data Protection Act (DSG), the Act on the Introduction of Intelligent Transport Systems in Road Traffic and Their Interfaces to Other Transport Carriers (IVS-G), and our legitimate interests. The personal data we collect from you includes:
   • License Plate
   • Image of individuals involved in road traffic
   Mobias values your privacy and is dedicated to complying with applicable data protection laws. To achieve this, we confirm that all personal data will be “anonymized” within 10 days of capture. Only data of individuals with written consent will be stored if necessary.
3. Duration of Storage The data will be stored for a maximum of 10 days until it is anonymized. The data with written consent to store and use individual data will be stored for a maximum of 3 years.
4. Access to Your Personal Data (Recipients) To fulfill research and development contracts and verify development results, authorized personnel within Mobias may process and access your personal data. In the course of research and development projects, only anonymized data may be shared with consortium partners who have joint responsibility for the data. Only anonymous data is disclosed to customers and non-funded projects. Authorized personnel accessing your personal data are bound by confidentiality agreements.
   
   Your personal data will be kept confidential, as required or permitted by law. It will not be disclosed to third parties, except for the data processor.
5. Your Rights As a data subject, you have the following rights concerning Mobias:
   • Right to Information (Article 15 GDPR)
   • Right to Rectification (Article 16 GDPR) or Erasure (Article 17 GDPR)
   • Right to Restriction (Article 18 GDPR)
   • Right to Object (Article 21 GDPR)
   • Right to Data Portability (Article 20 GDPR)