General Terms and Conditions for the Use of SmartTrade

E‑FARM as of 1st of February, 2026

I. Scope of Application

1. These General Terms and Conditions (“GTC”) apply to the contractual relationship between E-FARM GmbH (“E-FARM”), Kleine Reichenstraße 1, 20457 Hamburg, Germany, and the agreement partner (“User”) regarding the SmartTrade services provided by E-FARM through the E-FARM SmartTrade application and its website (hereinafter referred to as “SmartTrade”) for the trade of used agricultural machines (hereinafter referred to as “Machine”). These GTC apply exclusively. Any deviating or supplementary terms of the User do not apply.
2. These GTC apply only to Users who act at the time of the conclusion of the contract in the exercise of their commercial, independent, or freelance activity (entrepreneurs within the meaning of Section 14 of the German Civil Code).

II. Requirements for Use; Registration

1. The use of SmartTrade requires prior registration by the User. The User is obliged to ensure that the data provided during the registration process is correct and complete.
2. If the data initially provided during registration changes, the User is obliged to ensure that the data is corrected immediately.
3. The User must ensure that passwords or other access data are kept secret and protected from unauthorized access by third parties. The User is obliged to inform E-FARM immediately if there are indications that access data has been misused by third parties. The User also ensures that individual login data is not shared between different people. Access data is intended for use by a single person only. Any other persons using SmartTrade must create a new account.
4. The User must also impose these obligations on all employees (end users) who have their own access.

III. Input of Machine Data

1. The mandatory information to be provided by the User includes, but is not limited to, brand, type, model, and year of manufacture of the machine. In addition, the User must provide information about the equipment features of the machine and its history. The User must also specify the condition of the machine, particularly, if known, whether the machine has sustained damage or modifications since its manufacture.
2. The User is obliged to provide complete and correct information about the machine and to verify its accuracy. Incorrect information (e.g., typos, classification in wrong categories) must be corrected immediately upon discovery.
3. The User is obliged to keep the stored information up to date and to update it immediately in case of changes.
4. The User may also upload media such as photos and videos of the machine.
5. Any content provided by the User, including information, data, text, photos, and videos (hereinafter collectively referred to as “Content”), must not violate any laws, regulations, or public order. In particular, the content must not
   a) contain any criminal or generally inappropriate content,
   b) glorify, trivialize, or incite violence or war, or similar, or
   c) contain discriminatory, racist, extremist, or otherwise immoral statements, insinuations, or representations, or
   d) infringe the rights of third parties, particularly third-party copyrights.
6. The User agrees to submit only content that the User is fully entitled to use and that is not encumbered with third-party rights – particularly third-party copyrights. The content used must not be misleading and must reflect the actual known condition of the offered machine.
7. By entering the vehicle identification number (VIN), the User confirms that E-FARM is authorized by the machine owner to collect data about the vehicle, if possible, from the respective manufacturer.
8. The User must ensure that the above provisions are strictly adhered to by all end users using SmartTrade through their account. The User is liable for any violations by end users as if they were their own violations.
9. The User is informed that the machine data entered by them will be anonymized in SmartTrade and accessible in the form described in Section 7 and may be viewed by other users, provided the User has consented to this in the context of the usage agreement.

IV. Evaluation

1. SmartTrade provides the User with a market price estimate (hereinafter referred to as the “Evaluation Result”) for the machine, which is described by the User based on the machine data entered (as per Section 3). The Evaluation Result is an estimate of the achievable market price, primarily based on the machine data provided by the User. E-FARM will additionally use external and internal sources, as well as other data from manufacturer databases, to evaluate the machine.
2. The Evaluation Result is merely a rough estimate and may be lower or higher than the actual market value. The Evaluation Result does not constitute an offer from E-FARM to purchase the machine at that price. E-FARM does not guarantee that the amount stated in its evaluation will be achieved, nor does it take responsibility for it. E-FARM will make the estimate without inspecting the machine, solely based on the information and data provided by the User or otherwise accessible to E-FARM. E-FARM is not responsible for inaccuracies resulting from incorrect, incomplete, or missing information and data.

V. Restriction of SmartTrade Functions

Access to the function of automatic data collection using the vehicle identification number may be restricted for machines from certain manufacturers due to manufacturer requirements for authorized dealers.

VI. Marketing of Machines

1. If the User uploads a sales offer for the machine via SmartTrade, they agree that E-FARM will offer the machine for sale in its own name through its website. The details of the purchase contract between E-FARM and the User in the event of a sale by E-FARM are to be separately agreed. The listing of the machine may also, by separate agreement, be activated for certain external platforms; in this case, the marketing is done in the name of the User.
2. For the purpose mentioned in Section 6.1, the User grants E-FARM the non-exclusive, non-transferable, and non-sublicensable right, free of charge, to use the content provided by the User as per Section 3.5 both online and offline for the duration of this contract, especially to make the content publicly accessible, reproduce it, and distribute it. This right also includes the right to combine the content with other content (text, images, hyperlinks, brands, logos, etc.) and to incorporate it into its own databases and store it there. E-FARM undertakes to use the content only in the quality and original form provided by the User. Any changes that alter the character or meaning of the content require the prior written consent of the User.
3. By registering the machine for sale, the User declares that they are either the sole owner of the machine or have been authorized by the owner to sell the machine.

VII. Collection and Processing of User Data

1. E-FARM is entitled to generate and use data in anonymized and, where applicable, aggregated form from user content, usage, operational, and telemetry data, as well as support information (“Anonymized Data”). “Anonymized Data” refers to data that has been processed in such a way that it no longer refers to an identified or identifiable natural person and re-identification by the manufacturer with the means reasonably available to them is excluded.
   E-FARM may collect, create, store, reproduce, analyze, link, further develop, disclose, and otherwise use Anonymized Data, particularly for the following purposes: development, training, fine-tuning, and validation of algorithms, models, and systems (including machine learning processes), improvement, provision, maintenance, security, and support of the software and related services, quality assurance, benchmarking, capacity and performance planning, as well as the creation of statistical evaluations and industry analyses.
   To the extent necessary for this purpose, the User grants E-FARM an unrestricted, irrevocable, transferable, sublicensable, non-exclusive, and free usage right to the Anonymized Data, including the right to create and use edits and derivative works. E-FARM is entitled to use insights, models, parameters, metrics, and other derived results (“Derived Data”) obtained from Anonymized Data for the above-mentioned purposes permanently. The rights and ownership of the User’s non-anonymized data, as well as their trade secrets, remain unaffected.
   E-FARM will take appropriate technical and organizational measures to achieve anonymization and prevent re-identification, refrain from attempting re-identification, and not disclose Anonymized Data in a form that allows conclusions about the User, their end users, or individual transactions. Disclosures to third parties will only be made in anonymized and, if necessary, aggregated form, and under confidentiality obligations that at least meet the protection level provided in this agreement.
   This provision applies only to Anonymized Data. For the processing of personal data, the provisions of the agreement on data processing or the data protection agreement between the parties take precedence.
2. If the User has provided the corresponding consent within the usage agreement, E-FARM is entitled to display the historical sales prices of the User after a reasonable period or in an aggregated form to other users of SmartTrade in fully anonymized form. In return, the User will receive access to a database where anonymized information generated from other users’ data is made available in the same form.

VIII. Use of Services by the User

1. The User may only use SmartTrade for the contractual purpose in accordance with these GTC. Any misuse and activities that aim to impair the SmartTrade services are prohibited. The User may not take any measures that could lead to an unreasonable or excessive burden on E-FARM’s infrastructure. The User is prohibited from blocking, overwriting, or altering content generated by SmartTrade or otherwise interfering with the SmartTrade services. The User agrees to impose these obligations on all end users using the software through their account and to ensure compliance.
2. E-FARM reserves the right to temporarily or permanently block the User if
   a) the User violates applicable law or the provisions of these GTC or
   b) the information provided by the User contains misleading or incorrect information, as well as content that infringes the rights of third parties and/or other content that violates applicable law.
   Violations by end users using SmartTrade through the User’s account will be considered violations by the User under this provision.
3. Whether the User is temporarily or permanently blocked depends on the severity of the violation and is at E-FARM’s discretion. E-FARM will inform the User in writing, stating the reasons, if their usage rights are restricted or suspended.
4. The User is obliged to indemnify E-FARM from all claims of third parties arising from violations of competition law, copyright, trademark law, data protection law, or other legal violations related to the information provided, uploaded content such as photos and videos, or other activities of the User in connection with the use of SmartTrade, unless the User proves that they are not responsible for the violation.

IX. Availability, Changes, and Termination of Services

1. E-FARM will make every effort to ensure that the services through the app or website are available without interruption. However, access may occasionally be interrupted or restricted for repair and maintenance reasons or to introduce new features. E-FARM will limit the frequency and duration of such interruptions as much as possible and is not liable for normal downtime due to such interruptions.
2. E-FARM reserves the right to change certain features of SmartTrade for the purpose of improvement and for technical development reasons, provided that such changes do not lead to unreasonable disadvantages for the User.
3. E-FARM is entitled to discontinue the provision of services under these GTC after a notice period of six (6) months for registered users. Any purchase contracts concluded between the parties remain unaffected by this.

X. Force Majeure

If E-FARM is prevented from fulfilling its contractual obligations due to circumstances beyond its control, it is exempted from its obligations for the duration of the hindrance and a reasonable restart phase. This applies especially, but not exclusively, in the case of natural disasters, war, terrorism, strikes, or government orders. In this case, E-FARM will inform the User immediately after becoming aware of the hindrance, its expected duration, and take all reasonable measures to mitigate the effects of the event.
If the provision of services becomes permanently impossible due to the above-mentioned circumstances or if the hindrance lasts unreasonably long considering both parties’ interests, either party is entitled to terminate the contract.

XI. Liability

1. Contractual liability exists only in the case of fault. Subject to the following provisions, E-FARM is liable only for gross negligence or intentional breach of contract.
2. In the case of simple negligence, E-FARM is only liable for damages caused by the culpable violation of essential contractual obligations (i.e., an obligation whose fulfillment is necessary to achieve the contractual purpose and on whose compliance the User may regularly rely). In this case, liability is limited to the extent of the damage that was typically expected at the time of conclusion of such a contract.
3. Claims for damages under the Product Liability Act and damages from injury to life, body, or health remain unaffected by the above-mentioned liability limitations.

XII. Confidentiality

1. The parties mutually agree to treat confidential information about all business transactions they become aware of in the course of the contractual relationship, especially business and trade secrets, as confidential. The parties may only use such information to the extent necessary for the purposes set forth in these GTC.
2. This does not apply to information that was publicly known or generally accessible at the time of disclosure to the party or that was already legally in the possession of the party without being bound to confidentiality before receiving it in the course of the collaboration, or that the party received from a third party who is authorized to disclose such information without restriction, or that must be disclosed due to legal or judicial order.

XIII. Amendment of the GTC

In the event of changes to applicable legal provisions, case law, or other changes to the legal framework underlying the services, the platform provider is entitled to change these GTC. E-FARM will inform the registered user about the intended change in writing at least four weeks in advance. If the registered user does not object to the change within four weeks, at least in writing, the change will be considered accepted. E-FARM will point out this legal consequence when notifying the User about the changes. Changes that affect essential contractual obligations or significantly affect the relationship between performance and consideration, in particular the introduction of usage fees, require the User's consent.

XIV. Severability

If a provision of these GTC is or becomes invalid, this does not affect the validity of the remaining provisions. The applicable legal provisions shall replace the invalid provision.