Terms and Conditions

1. Business-to-business service

HexTool is offered exclusively on a business-to-business basis.

The Software may be ordered and used only by:

• registered companies;
• registered entrepreneurs;
• automotive workshops;
• automotive professionals;
• automotive software professionals;
• authorised technicians; or
• other persons acting exclusively within their business, trade, craft or professional activity.

HexTool is not offered for private, household or consumer use.

By submitting an order, you represent and warrant that:

• you are acting exclusively for business or professional purposes;
• you are not purchasing HexTool as a consumer;
• you are legally capable of entering into a binding business agreement;
• the information supplied during the purchase and registration process is accurate; and
• where you are acting for a legal entity, you have authority to bind that entity.

BV-FILES may refuse or cancel an order where there are reasonable grounds to believe that the Customer is acting as a consumer, has supplied false information or does not meet the requirements for professional use.

Nothing in these Terms excludes any mandatory right that cannot legally be waived or excluded.

2. Description of HexTool

HexTool is a web-based binary analysis and editing software application intended for professional automotive-related use.

Available functions may include:

• binary-file uploading and processing;
• hexadecimal viewing and editing;
• binary data analysis;
• stored-value identification;
• checksum calculation and verification;
• binary conversion and modification;
• generation of processed or modified files; and
• other technical functions available within the Software.

The exact functions, modules and capabilities available to a Customer depend on the current version of HexTool and the purchased licence.

The presence of a particular function does not mean that its use is legal or technically appropriate in every country, vehicle, control unit or situation.

The Customer remains responsible for determining whether a particular use of HexTool is lawful and suitable.

3. Order process

The standard HexTool purchase process consists of the following steps:

1. the Customer selects the available licence;
2. the Customer enters the information requested during checkout;
3. the Customer reviews the licence details and displayed price;
4. the Customer accepts these Terms and the EULA;
5. the Customer selects an available payment method;
6. the Customer completes payment;
7. BV-FILES receives and reviews the order;
8. the order is approved or rejected;
9. the Customer registers the HexTool account; and
10. the Customer activates the licence on one authorised computer.

The Customer is responsible for reviewing all entered information before completing payment.

An order submitted by the Customer represents an offer to purchase a HexTool licence. Submission of an order and completion of payment do not require BV-FILES to approve the order.

The order is accepted when BV-FILES approves it and enables the Customer to register or activate the HexTool account.

BV-FILES may send electronic confirmations relating to:

• receipt of the order;
• receipt of payment;
• order approval;
• account registration;
• licence activation; and
• invoice availability.

Automated confirmation that an order or payment has been received does not necessarily constitute final order approval.

4. Order approval

BV-FILES reserves the right to approve or reject an order before licence activation.

An order may be rejected where:

• the supplied information is false, incomplete or misleading;
• payment cannot be confirmed;
• fraudulent activity is suspected;
• the Customer does not qualify for B2B use;
• the Customer is located in a jurisdiction where the service cannot lawfully be provided;
• the Customer has previously violated these Terms or the EULA;
• the Customer has previously been permanently banned;
• the order presents a security or abuse risk;
• a payment provider rejects or reverses the transaction; or
• BV-FILES is unable to provide the ordered licence.

Where BV-FILES rejects an order before licence activation, the amount paid for the rejected licence will be refunded.

BV-FILES is not required to provide detailed information where doing so could expose fraud-prevention, security or licence-protection systems.

5. Account registration

After order approval, the Customer must register a HexTool account using the registration process provided by BV-FILES.

The Customer must provide accurate, complete and current information.

Each licence is limited to:

• one Customer;
• one authorised User;
• one HexTool account; and
• one authorised computer identified by its HWID.

The Customer must not:

• create an account using false information;
• register an account for an unauthorised third party;
• transfer an account to another person or business;
• share account credentials;
• permit another person to use the account; or
• create additional accounts to bypass restrictions or a previous suspension.

The Customer is responsible for all activity performed through the registered account.

Detailed account, licence and usage restrictions are governed by the End User Licence Agreement.

6. Licence duration and commencement

The standard HexTool licence is valid for twelve months.

The 12-month licence period begins when the licence is activated for the first time on the authorised computer.

The licence period does not begin merely because:

• the order was submitted;
• payment was completed;
• the order was approved; or
• the account was registered.

The Customer is responsible for completing the first activation.

Delaying activation does not entitle the Customer to:

• a refund;
• a price adjustment;
• additional functions;
• compensation; or
• indefinite reservation of the purchased licence.

BV-FILES may establish a reasonable final deadline by which a purchased licence must be activated where necessary to prevent abuse, fraud or indefinite inactive orders.

After activation, the licence remains valid for twelve consecutive months unless it is suspended or terminated in accordance with these Terms or the EULA.

7. No automatic renewal

HexTool licences do not renew automatically.

The Customer must purchase a renewal manually if continued access is required after the current licence expires.

Renewal is a separate transaction and is subject to:

• the price applicable at the time of renewal;
• the licence features available at that time;
• the Terms and EULA in effect at that time; and
• successful payment and approval.

Unless otherwise stated during the renewal process, a renewed licence period begins upon activation of the renewal.

BV-FILES is not responsible for interrupted access caused by the Customer’s failure to renew before the existing licence expires.

8. Licence expiry

When the active 12-month licence expires:

• access to HexTool will cease;
• Software functionality will become unavailable;
• uploaded or processed files may no longer be accessible;
• updates will no longer be provided;
• technical support will no longer be included; and
• the Customer must purchase a renewal to restore access.

The Customer cannot continue using an expired licence in an offline or limited mode.

BV-FILES is not responsible for files, information or results that the Customer failed to download or retain before licence expiry.

9. Prices

The current licence price is displayed before the Customer submits the order.

Customers with a registered business address in the Republic of Serbia are charged in Serbian dinars (“RSD”).

Customers established outside the Republic of Serbia are ordinarily charged in euros (“EUR”).

The displayed price represents the total amount charged by BV-FILES for the selected licence and includes any tax that BV-FILES is legally required to charge, unless expressly stated otherwise during checkout.

The displayed price does not include independent charges imposed by:

• banks;
• payment processors;
• PayPal;
• correspondent banks;
• currency-conversion providers;
• card issuers;
• government authorities; or
• other third parties.

The Customer is responsible for reviewing the final payable amount before completing the transaction.

10. Price changes

BV-FILES may change the price of HexTool licences, renewals, licence transfers or other services at any time.

A price change does not affect:

• a licence that has already been fully paid;
• the remaining duration of an active licence; or
• a transaction already accepted by BV-FILES.

Future purchases and renewals are charged at the price displayed at the time of the new order.

A previous purchase price does not create a right to the same price for future licences or renewals.

11. Payment methods

Available payment methods depend on the Customer’s country, selected currency and the payment providers available at the time of purchase.

For Customers outside the Republic of Serbia, available payment methods may include:

• PayPal;
• international bank transfer; and
• other methods displayed during checkout.

For Customers in the Republic of Serbia, available payment methods may include:

• IPS payment;
• domestic bank transfer; and
• other methods displayed during checkout.

BV-FILES does not guarantee that every payment method will be available to every Customer or in every country.

A payment method may be added, removed, restricted or temporarily suspended without prior notice where required by:

• a payment provider;
• a bank;
• applicable law;
• technical limitations;
• fraud-prevention measures; or
• commercial availability.

12. Payment processing and confirmation

Some payments may be confirmed automatically, while others may require manual review and confirmation.

PayPal and other electronic payments may be processed automatically, subject to the payment provider’s systems and approval.

Bank transfers, IPS payments and other manual payment methods may require BV-FILES to confirm that the full amount has been received.

An order will not be approved until:

• the payment has been successfully completed;
• the funds have been received or reliably confirmed;
• the payment has not been reversed or disputed; and
• any necessary review has been completed.

A payment instruction, receipt, screenshot or transfer confirmation supplied by the Customer does not by itself prove that BV-FILES has received the funds.

BV-FILES may delay order approval until funds are available and cleared.

13. External fees, exchange rates and deductions

The Customer is responsible for all external costs connected with payment, including:

• bank-transfer fees;
• PayPal fees charged directly to the Customer;
• intermediary-bank fees;
• international-transfer fees;
• currency-conversion costs;
• exchange-rate differences;
• receiving-bank charges;
• applicable withholding taxes;
• duties; and
• other third-party charges.

BV-FILES must receive the full amount displayed on the order or invoice.

Where a bank or payment provider deducts fees from the transferred amount, the Customer must pay the remaining balance before the order can be approved.

BV-FILES is not responsible for:

• exchange rates applied by banks or payment providers;
• currency fluctuations;
• delayed international transfers;
• incorrect payment references;
• payment sent to an incorrect account; or
• third-party transaction fees.

14. Invoice

BV-FILES issues an invoice for an approved purchase.

The invoice will be made available for download through the Customer’s HexTool account.

The Customer is responsible for:

• supplying accurate invoice information;
• reviewing the invoice after it becomes available;
• downloading and retaining the invoice;
• notifying BV-FILES promptly of any factual error; and
• complying with local accounting and tax requirements.

BV-FILES is not responsible for tax, accounting or reporting obligations applicable to the Customer in the Customer’s own jurisdiction.

An invoice correction may be refused where the requested change would be inaccurate, unlawful or inconsistent with the information supplied during purchase.

15. Account and licence activation

After the order has been approved and the account registration process has been completed, account access will ordinarily be enabled immediately.

The Customer must then activate the licence on the computer that will be used to access HexTool.

Activation requires:

• an approved order;
• a registered account;
• a supported computer;
• a valid HWID;
• an active internet connection; and
• acceptance of the applicable Terms and EULA.

The licence term begins upon successful first activation.

BV-FILES may refuse or delay activation where:

• payment has not been fully received;
• account information is inconsistent;
• fraudulent activity is suspected;
• the HWID appears manipulated;
• the computer or environment presents a security risk;
• the Customer has breached these Terms or the EULA; or
• activation is prevented by circumstances outside the reasonable control of BV-FILES.

16. Technical requirements

The Customer is responsible for providing and maintaining:

• a compatible computer;
• a supported operating system and browser;
• a stable internet connection;
• adequate computer security;
• working email access;
• suitable automotive programming equipment;
• suitable diagnostic equipment; and
• any other equipment necessary for the Customer’s intended professional use.

HexTool requires a continuous internet connection.

The Customer is responsible for confirming compatibility before purchase and activation.

BV-FILES is not responsible where the Customer cannot use HexTool because of:

• an unsupported or incompatible computer;
• outdated software;
• an unsupported browser;
• network restrictions;
• poor internet connectivity;
• antivirus or firewall restrictions;
• third-party software;
• virtualised environments;
• manipulated hardware identifiers;
• damaged equipment; or
• another issue within the Customer’s environment.

17. Software updates

Updates are included during the active licence period.

Updates may include:

• security changes;
• bug fixes;
• compatibility updates;
• updated databases;
• new functionality;
• modified functionality;
• interface changes;
• performance improvements; or
• changes necessary to prevent abuse.

BV-FILES may require the Customer to use the current supported version or refresh the web application before continuing to access the service.

The Customer is not entitled to:

• updates after licence expiry;
• perpetual access to a specific version;
• a particular future function;
• a specific development roadmap; or
• compensation because a function was modified for legitimate security, technical or legal reasons.

18. Technical support

Technical support is available while the Customer has an active licence and uses a supported version of HexTool.

Support is provided through the HexTool ticket system.

Standard support hours are:

Monday to Friday, 09:00–15:00, local time in the Republic of Serbia, excluding public holidays and days when BV-FILES has announced that support is unavailable.

Support tickets are handled within a reasonable period, but no guaranteed response or resolution time is provided.

Support does not include:

• custom ECU solutions;
• tuning-file development;
• custom file modification;
• vehicle diagnosis;
• vehicle repair;
• control-unit recovery;
• individual checksum research;
• development for unsupported file formats;
• third-party software support;
• third-party hardware support; or
• workshop labour.

Submitting multiple duplicate tickets, abusive messages or deliberately misleading information may delay support or result in ticket closure or account restrictions.

19. No guaranteed availability

BV-FILES will use reasonable efforts to maintain HexTool’s availability, security and functionality.

However, no specific uptime percentage or service-level guarantee is provided.

HexTool may be temporarily unavailable because of:

• planned maintenance;
• emergency maintenance;
• Software updates;
• security incidents;
• internet failures;
• hosting-provider failures;
• database failures;
• payment-provider issues;
• cyberattacks;
• technical defects;
• legal requirements; or
• circumstances outside the reasonable control of BV-FILES.

Temporary interruption does not automatically create a right to:

• a refund;
• compensation;
• damages;
• a licence extension; or
• a service credit.

If an exceptionally prolonged interruption caused directly and exclusively by BV-FILES materially prevents the Customer from using HexTool, BV-FILES may provide an appropriate:

• licence extension;
• account credit;
• partial refund; or
• other reasonable remedy.

The form and amount of any remedy will be determined according to the duration, cause and actual effect of the interruption.

This exception does not apply to interruptions caused by the Customer, the Customer’s internet connection, third-party infrastructure or events outside the reasonable control of BV-FILES.

20. Cancellation before activation

Payment of an order does not give the Customer an automatic contractual right to cancel the purchase.

The Customer may submit a refund request before the first licence activation, but approval is not guaranteed unless BV-FILES:

• rejects the order;
• cannot provide or activate the purchased licence because of an error directly attributable to BV-FILES; or
• is otherwise legally required to issue a refund.

A request submitted before activation may be reviewed based on:

• the payment method;
• transaction status;
• administrative work already completed;
• fraud or abuse indicators;
• reason for the request; and
• applicable law.

Once the licence has been activated for the first time, the purchase is final and cannot be cancelled.

21. Refund conditions

No refund will be provided after first licence activation, except where required by mandatory applicable law.

A refund may be issued where:

• BV-FILES rejects the order before activation;
• activation is impossible because of a confirmed error directly attributable to HexTool or BV-FILES; or
• BV-FILES expressly approves a refund before first activation.

A refund will not be issued because:

• the Customer’s computer is incompatible;
• the Customer’s internet connection is insufficient or unstable;
• the Customer’s browser or operating system is unsupported;
• the Customer changes their mind after activation;
• the Customer no longer requires the Software;
• the Customer does not use the licence;
• the Customer fails to activate the licence;
• the Customer does not understand how to use the Software;
• the Customer expected a function that was not included in the product description;
• the Customer’s country restricts a particular automotive operation;
• the Customer lacks suitable professional equipment or knowledge;
• the Customer’s account is suspended or terminated for breach;
• the Customer’s hardware changes;
• the Customer fails to retain original files or backups; or
• a third-party product or service is unavailable.

No partial or proportional refund will be issued for:

• unused licence time;
• periods of inactivity;
• early discontinuation by the Customer;
• loss of account access caused by the Customer;
• licence suspension;
• permanent termination for breach; or
• remaining time after an approved HWID transfer.

Further refund rules are provided in the Refund and Cancellation Policy.

22. Refund method and processing

An approved refund will ordinarily be returned through the original payment method where reasonably possible.

The time required for a refund to appear depends on:

• the payment method;
• the Customer’s bank;
• the payment provider;
• intermediary institutions; and
• international processing times.

BV-FILES does not control the processing time of banks or third-party payment providers.

External payment, banking and currency-conversion charges may not be recoverable from the relevant provider.

The Customer must provide any information reasonably required to process an approved refund.

23. HWID transfer

An active licence may be transferred to another computer only in accordance with the EULA.

Each approved HWID transfer:

• is subject to a fee of EUR 99.00;
• must be requested through the ticket system;
• permanently deactivates the previously registered computer;
• does not extend the licence period; and
• is limited to a maximum of two transfers per 12-month licence period.

The EUR 99.00 transfer fee is non-refundable after the transfer has been completed.

A transfer request may be rejected where there is evidence of:

• account sharing;
• licence sharing;
• repeated suspicious hardware changes;
• attempted licence circumvention;
• unauthorised resale;
• fraud; or
• breach of these Terms or the EULA.

24. Payment disputes and chargebacks

The Customer must contact BV-FILES before initiating a payment dispute or chargeback and provide a reasonable opportunity for the issue to be reviewed.

Where a chargeback, payment dispute, reversal or unauthorised-payment claim is initiated:

• the Customer’s account may be suspended immediately;
• licence access may be disabled;
• pending support requests may be paused;
• the transaction and account may be investigated; and
• relevant records may be supplied to the payment provider or financial institution.

The account may remain suspended until the dispute has been finally resolved.

Where a chargeback is found to be invalid, abusive or fraudulent, BV-FILES may:

• permanently terminate the account;
• deactivate the licence;
• refuse future orders;
• recover outstanding amounts;
• recover reasonable chargeback-related costs; and
• pursue other available legal remedies.

A payment dispute does not remove the Customer’s obligations under these Terms or the EULA.

25. Customer responsibilities

The Customer is responsible for:

• using HexTool only for lawful professional purposes;
• maintaining accurate account information;
• securing the account and computer;
• verifying all Software output;
• creating and retaining original backups;
• confirming file and vehicle compatibility;
• obtaining vehicle-owner authorisation;
• complying with local laws;
• using suitable programming equipment;
• maintaining a stable power supply;
• protecting customer and vehicle data; and
• resolving obligations toward the Customer’s own clients.

The Customer bears responsibility for technical and commercial decisions made using HexTool.

BV-FILES is not a party to agreements between the Customer and the Customer’s own clients.

26. Prohibited use

The Customer must not use HexTool:

• in a country or jurisdiction where its use is prohibited;
• for an operation prohibited by applicable law;
• without required vehicle-owner authorisation;
• for theft, fraud or deception;
• for fraudulent mileage manipulation;
• for unauthorised immobiliser or anti-theft modification;
• for unlawful emissions-system modification;
• to interfere with vehicle-safety systems unlawfully;
• to extract or resell HexTool data;
• to provide unauthorised third-party access;
• to develop or support a competing product; or
• in any manner prohibited by the EULA.

Serious or repeated violations may result in immediate permanent termination without refund.

27. Worldwide availability

HexTool may be offered to eligible business Customers worldwide.

Worldwide availability does not mean that:

• every function is lawful in every country;
• every payment method is available in every country;
• every country is supported by every provider;
• the Software complies automatically with every local requirement; or
• BV-FILES is authorised to provide the Software where local law prohibits it.

The Customer is responsible for determining whether purchasing and using HexTool is lawful in the Customer’s jurisdiction.

BV-FILES may refuse, restrict or terminate service in a country or territory where necessary because of:

• applicable law;
• sanctions;
• export restrictions;
• payment limitations;
• security risks;
• provider restrictions; or
• legal uncertainty.

The Customer must not attempt to bypass geographic, payment, legal or security restrictions.

28. Account suspension

BV-FILES may temporarily suspend an account where reasonably necessary to:

• investigate suspicious activity;
• investigate a payment dispute;
• verify account or payment information;
• protect HexTool systems;
• prevent unauthorised access;
• respond to a security incident;
• investigate a potential breach;
• comply with a legal requirement; or
• prevent continued damage or misuse.

During suspension, the Customer may be unable to:

• access HexTool;
• process files;
• download results;
• submit ordinary support requests; or
• use the remaining licence period.

A suspension does not automatically extend the licence period or create a right to a refund.

Where an investigation confirms that no breach occurred, BV-FILES may provide an appropriate licence extension if the suspension materially prevented legitimate access.

29. Account termination

BV-FILES may permanently terminate an account or licence where the Customer:

• materially or repeatedly breaches these Terms;
• breaches the EULA;
• shares an account or licence;
• circumvents HWID or licence protection;
• resells or redistributes protected content;
• extracts proprietary data;
• develops a competing product using HexTool;
• engages in fraud;
• initiates an abusive chargeback;
• provides false information;
• uses HexTool unlawfully;
• threatens Software security;
• abuses the support service; or
• fails to pay an amount when due.

Serious breaches may result in termination without prior notice where immediate action is reasonably required to prevent:

• fraud;
• security compromise;
• data extraction;
• unauthorised redistribution;
• unlawful activity; or
• continued misuse.

Termination for breach does not entitle the Customer to a refund.

The Customer may also be prohibited from creating a new account or placing another order.

30. Account deletion and data retention

HexTool does not currently provide a self-service account-deletion function.

Requests concerning personal data may be submitted in accordance with the Privacy Policy.

Where the Customer requests deletion of data necessary to operate the account or verify the licence, BV-FILES may be unable to continue providing the service.

Where legally permitted, termination resulting from such a request does not create a right to a refund for the remaining licence period.

BV-FILES may delete or anonymise an expired account after twelve months from the licence-expiry date, subject to:

• accounting-retention requirements;
• tax obligations;
• payment records;
• fraud-prevention requirements;
• dispute records;
• security records; and
• other applicable legal obligations.

The Customer is responsible for downloading invoices, files and other required information before account deletion.

31. Changes to the Software

BV-FILES may update, improve, modify, replace or discontinue parts of HexTool where reasonably necessary for:

• Software development;
• security;
• legal compliance;
• technical compatibility;
• infrastructure changes;
• correction of defects;
• prevention of abuse; or
• commercial sustainability.

BV-FILES will not intentionally remove the essential purpose of an already purchased active licence without a valid technical, legal or security reason.

Where a material change substantially affects an active licence, BV-FILES may provide reasonable notice or an appropriate remedy depending on the circumstances.

32. Changes to these Terms

BV-FILES may update these Terms because of:

• changes to HexTool;
• changes to licence models;
• changes to payment methods;
• legal or regulatory requirements;
• security requirements;
• fraud-prevention measures;
• infrastructure changes; or
• business-process changes.

The current version will display its effective date and version number.

Material changes may be communicated through:

• the HexTool website;
• the User account;
• email;
• the ticket system; or
• an acceptance prompt within the Software.

The Customer may be required to accept updated Terms before making a new purchase, renewing a licence or continuing to use materially changed services.

Price changes do not affect an active licence that has already been paid in full.

33. Third-party providers

HexTool may rely on third-party providers for:

• payment processing;
• banking;
• hosting;
• authentication;
• databases;
• email delivery;
• security;
• internet connectivity; and
• other infrastructure.

BV-FILES is not responsible for a third-party provider’s:

• independent fees;
• exchange rates;
• processing delays;
• service interruption;
• account restrictions;
• policy changes;
• transaction refusal; or
• security incident outside BV-FILES’s reasonable control.

Third-party services may be subject to their own terms and policies.

34. Disclaimer of warranties

To the maximum extent permitted by applicable law, HexTool is provided on an “as is” and “as available” basis.

BV-FILES does not guarantee that:

• HexTool will always be uninterrupted;
• every function will be error-free;
• every file format will be supported;
• every result will be correct in every circumstance;
• every checksum will be correctly identified or calculated;
• the Software will be compatible with every computer;
• every technical problem can be resolved;
• the Software will meet every individual expectation; or
• the Customer will achieve a specific business or technical result.

The Customer must independently verify all Software output before relying on it or applying it to a vehicle or control unit.

Additional technical disclaimers are provided in the End User Licence Agreement.

35. Limitation of liability

To the maximum extent permitted by applicable law, BV-FILES will not be liable for indirect, incidental, special, punitive or consequential damage or loss, including:

• loss of profit;
• loss of revenue;
• loss of business;
• loss of customers;
• loss of opportunity;
• loss of reputation;
• loss or corruption of data;
• vehicle downtime;
• workshop downtime;
• control-unit damage;
• vehicle immobilisation;
• recovery expenses;
• third-party labour costs; or
• claims submitted by the Customer’s clients.

To the maximum extent permitted by applicable law, the total aggregate liability of BV-FILES arising from or relating to an order, licence, these Terms or HexTool will not exceed the total amount actually paid by the Customer for the affected HexTool licence during the twelve months immediately preceding the event giving rise to the claim.

These limitations do not apply to liability that cannot legally be excluded or limited.

36. Force majeure

BV-FILES will not be liable for failure, interruption or delay caused by circumstances outside its reasonable control, including:

• internet or telecommunications failure;
• hosting-provider failure;
• database-provider failure;
• power failure;
• cyberattack;
• denial-of-service attack;
• natural disaster;
• fire;
• flood;
• war;
• civil disorder;
• government action;
• sanctions;
• labour disruption;
• epidemic or pandemic; or
• failure of a critical third-party provider.

BV-FILES will use reasonable efforts to restore the affected service when reasonably possible.

37. Electronic communications

The Customer agrees that BV-FILES may communicate electronically through:

• email;
• the HexTool account;
• the ticket system;
• website notifications; and
• Software notifications.

Electronic communications may include:

• order confirmations;
• payment information;
• invoices;
• account notices;
• licence notices;
• security alerts;
• update information;
• support responses;
• suspension notices;
• changes to legal documents; and
• other service-related information.

The Customer is responsible for maintaining a valid email address and reviewing relevant account notifications.

38. Electronic acceptance

Electronic acceptance of these Terms has the same contractual effect as acceptance in writing.

BV-FILES may retain records showing:

• the Terms version accepted;
• the EULA version accepted;
• the date and time of acceptance;
• the associated account;
• the order and payment information;
• the registered HWID;
• the IP address; and
• other technical information reasonably necessary to demonstrate acceptance and prevent fraud.

The Customer accepts these Terms by actively selecting the following checkbox:

“I have read and agree to the Terms and Conditions and the End User Licence Agreement (EULA).”

The checkbox must not be considered accepted unless actively selected by the Customer.

39. Governing law and jurisdiction

These Terms and all disputes or claims arising from or relating to them are governed by the laws of the Republic of Serbia, without regard to conflict-of-law principles.

The parties agree that the competent court in Zrenjanin, Republic of Serbia, will have exclusive jurisdiction over disputes arising from or relating to:

• an order;
• a payment;
• an account;
• a licence;
• these Terms;
• the EULA; or
• the use of HexTool,

unless mandatory applicable law requires otherwise.

Before commencing formal proceedings, the parties should first attempt to resolve the dispute in good faith through written communication.

40. Assignment

The Customer may not assign, transfer or delegate:

• these Terms;
• an order;
• an account;
• a licence; or
• any contractual right,

without prior written approval from BV-FILES.

An approved HWID transfer does not transfer the licence to another person or business.

BV-FILES may assign or transfer its rights and obligations as part of:

• a sale of the HexTool business;
• a merger;
• a restructuring;
• a transfer of intellectual property; or
• a similar business transaction.

41. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable.

If this is not possible, the provision will be removed without affecting the validity of the remaining provisions.

42. No waiver

Failure or delay by BV-FILES to exercise or enforce a right does not constitute a waiver of that right.

A waiver is effective only when expressly confirmed in writing.

43. Entire agreement

These Terms, together with the applicable:

• order confirmation;
• licence description;
• End User Licence Agreement;
• Privacy Policy;
• Refund and Cancellation Policy; and
• any separate written agreement accepted by both parties,

constitute the complete agreement governing the commercial relationship between BV-FILES and the Customer concerning HexTool.

In the event of a conflict:

1. a separately signed written agreement takes priority;
2. the order confirmation controls the price and commercial details of the purchased licence;
3. the EULA controls the permitted use of HexTool;
4. these Terms control the purchase, payment and general service relationship; and
5. mandatory applicable law takes priority over all contractual provisions.

44. Survival

The provisions concerning the following matters remain effective after licence expiry or account termination:

• outstanding payments;
• intellectual property;
• confidentiality;
• prohibited resale and redistribution;
• limitation of liability;
• responsibility toward third parties;
• governing law and jurisdiction;
• payment disputes;
• data retention; and
• any provision intended by its nature to survive termination.

45. Language

These Terms are written in English.

Any translation may be provided for convenience only.

Unless mandatory applicable law requires otherwise, the English version will prevail where there is an inconsistency between language versions.

46. Contact information

Questions concerning orders, payments, invoices, accounts, licences or these Terms may be submitted through the HexTool ticket system or by contacting:

BORIS VARGA PR ODRŽAVANJE I POPRAVKA MOTORNIH VOZILA BV-FILES Automotive Solutions ZRENJANIN, Tomićeva 16, 23000 Zrenjanin, Republic of Serbia

Company Registration Number: 65490153

Tax Identification Number: 111545284

Email: office@bv-files.com

Website: www.bv-files.net

47. Final acknowledgement

By submitting an order, completing payment, registering an account, activating a licence or accessing HexTool, the Customer acknowledges and confirms that:

• the Customer has read these Terms in full;
• the Customer understands these Terms;
• the Customer is acting exclusively for business or professional purposes;
• all supplied information is accurate;
• the Customer agrees to the payment and activation conditions;
• the Customer accepts the refund limitations;
• the Customer accepts the EULA;
• the Customer has authority to enter into this agreement; and
• the Customer agrees to be legally bound by these Terms.