General Terms and Conditions

Last updated · June 2026

01 Scope and Contracting Parties

These General Terms and Conditions (hereinafter the "Terms") apply to all contracts concluded by means of distance selling between consumers or business customers (hereinafter the "Customer") and the provider named below regarding the paid membership offered at dmvpracticetest.app:

Provider

Digital App Group GmbH

Address

Ferdinand-Koch-Str. 31, 26133 Oldenburg, Germany

Represented by

Managing Director: Joshua van Vliet

Commercial register

Oldenburg Local Court (Amtsgericht Oldenburg), HRB 219130

Email

support@dmvpracticetest.app

Contact form

dmvpracticetest.app/kontakt

For the purposes of these Terms, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB (German Civil Code)). For the purposes of these Terms, a business customer is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or profession (Section 14 BGB).

Any of the Customer's general terms and conditions that deviate from, conflict with or supplement these Terms shall become part of the contract only if and to the extent that the provider has expressly agreed to their validity in writing. This requirement of consent applies in any case, for example even where the provider, while aware of the Customer's terms and conditions, performs services for the Customer without reservation.

02 Subject Matter of the Contract and Free Use

The app offered at dmvpracticetest.app for preparing for the DMV knowledge (written) test may be used to a limited extent free of charge without any paid booking. A contractual relationship within the meaning of these Terms arises exclusively upon booking the paid membership (hereinafter the "paid membership" or the "access"). The subject matter of the contract is the provision of a digital product within the meaning of Section 327 (1) BGB in return for payment of the fee shown in the order process for the selected billing period.

The paid membership includes in particular:

• Full access to the database of practice questions for the DMV knowledge (written) test, including the question categories organized by topic.
• Access to mock exams that replicate the procedure and scope of the official test.
• A personalized study plan as well as ongoing tracking of study progress, including an evaluation of the questions answered and the identification of knowledge gaps (weak-point analysis).

The specific scope of functions, content and availability of the app features are described in the online offer and may be expanded or modified as part of ongoing further development. The Customer has no claim to the continued existence of any particular individual feature, provided that the agreed core service (access to the complete database of practice questions, to the mock exams, and to the study plan and progress tracking) is maintained.

The provider expressly points out that the app, the practice questions and the mock exams are a learning and preparation aid. They do not replace the official test conducted by the competent DMV and do not constitute an official examination. Successfully passing the practice tests does not guarantee any particular result in the official test. The requirements and decisions of the competent authority are solely decisive for admission and the test result.

03 Conclusion of the Contract

The presentation of the paid membership in the online offer does not constitute a binding offer by the provider, but rather a non-binding invitation to the Customer to submit an offer themselves (an invitation to submit an offer, known as an invitatio ad offerendum).

By clicking the button labeled "Order with obligation to pay" (Section 312j (3) BGB), the Customer submits a binding offer to conclude the contract for the paid membership. Before placing the order, the essential contract details are made known to the Customer clearly and comprehensibly in the immediate vicinity of the button, in particular the total price payable for the selected billing period, the term, and whether and to what extent the membership renews automatically. The Customer can correct their entries at any time.

The provider accepts the offer by sending an order confirmation by email or by activating the access. The contract is concluded with the first of these two actions.

The text of the contract is stored by the provider after the contract is concluded and is sent to the Customer together with these Terms and the information about the right of withdrawal in text form (by email). The provider also makes the applicable Terms available at all times at dmvpracticetest.app/agb. The contract language is English.

04 Price and Payment Terms

For the paid membership, the fee clearly shown in the order process for the selected billing period applies:

• Fee: Upon conclusion of the contract, the fee shown for the selected billing period in the amount of [AMOUNT] (including the applicable statutory value added tax) becomes due. This fully covers access to the paid membership for the respective billing period.

If the membership is offered as a recurring subscription and selected by the Customer, the fee becomes due again at the start of each billing period until the Customer cancels the membership (see Section 5). The applicable billing period and the amount payable for it are communicated to the Customer before the order is placed. All prices are stated in the currency indicated in the order process and include the statutory value added tax applicable at the time of the order as well as any other price components.

By placing the order, the Customer expressly authorizes the provider to collect the fee due in each case via the payment method stored in the order process.

Payment is processed via the payment service Stripe (Stripe Payments Europe Limited, Dublin). Which payment methods are specifically available is communicated to the Customer in the order process before they place their order. The provider reserves the right to expand or restrict the range of payment methods at any time. The fee is due for payment upon conclusion of the contract or at the start of the respective billing period.

In the event of default in payment, the provider is entitled to demand default interest at the statutory rate. For consumers, the default interest rate is five percentage points above the base rate; for business customers, it is nine percentage points above the base rate. The provider is entitled to suspend access in the event of default in payment after prior reminder until the outstanding amount has been settled.

05 Term, Renewal and Cancellation

The contract for the paid membership is concluded for the billing period selected in the order process. If the membership was selected as a recurring subscription, it renews automatically for a further billing period each time, unless it is cancelled in good time. Before the contract is concluded, the Customer is informed clearly and comprehensibly about the term, any automatic renewal and the applicable notice period.

The Customer can cancel a membership concluded as a subscription at any time effective at the end of the current billing period. After the cancellation takes effect, no further charge is made; the access remains in place until the end of the billing period already paid for and then ends automatically.

Cancellation may be made informally, in particular via the cancellation option provided in the user account or via the cancellation button provided pursuant to Section 312k BGB. In addition, the Customer can contact the provider at any time by the following means:

• By email to support@dmvpracticetest.app.
• By post to the address named in Section 1.

Termination for good cause

The provider is entitled to block access prematurely or to terminate the contract for good cause. Good cause exists in particular in the case of abusive use of the access, in the case of legally relevant violations of these Terms, or in the case of unlawful use of the app.

06 Provision of the Service

After payment has been successfully received, access is activated for the Customer without undue delay, usually within a few minutes. The content of the paid membership is provided in the online account or in the app; access takes place via the email address provided in the order process.

In addition, the Customer receives an order confirmation by email at the address provided in the order process. This confirmation contains in particular the essential contract details, the applicable Terms, the withdrawal policy and the confirmation of the Customer's consent (if given) to the immediate performance of the contract.

The provider endeavors to ensure the availability of the app with as little interruption as possible. Temporary interruptions due to maintenance, security or capacity concerns as well as due to events outside the provider's control (force majeure, disruptions to public communications networks, power outages and the like) are unavoidable in this context and do not constitute a defect in the service, provided that they do not cause a significant impairment of the agreed service over a longer period of time.

07 Customer Obligations

The Customer is obliged to provide the information required during the order process (in particular name and email address) truthfully and completely. The Customer shall notify the provider of any changes to this data without undue delay.

The Customer shall ensure that the technical requirements necessary for using the access are met, in particular a functioning email address, an up-to-date web browser and an internet connection.

The Customer undertakes to use the content provided as part of the access exclusively for their own, non-commercial purposes. Passing on the access credentials to third parties as well as the commercial exploitation, reproduction or publication of the content provided is not permitted without the prior written consent of the provider.

08 Right of Withdrawal and Compensation for Value

Consumers have a statutory right of withdrawal for contracts on the provision of digital content and digital services concluded by means of distance selling. Details can be found in the separately provided withdrawal policy, which is also provided to the Customer in text form together with the order confirmation.

From June 19, 2026, the provider will additionally provide an electronic withdrawal function pursuant to Section 356a BGB. This is accessible at all times during the withdrawal period on the online user interface; the Customer can call it up via the "Withdraw from contract" button and declare their withdrawal deliberately and unambiguously in a two-step procedure.

09 Warranty Rights and Updates

The statutory provisions on consumer contracts for the provision of digital products (Sections 327 et seq. BGB) as well as, supplementarily, the general provisions of the German Civil Code apply to the paid membership as a digital product. In particular, in the case of defects the Customer is entitled to the rights provided for in Sections 327i et seq. BGB, including supplementary performance, termination of the contract and reduction of the price as well as, where applicable, compensation for damages and reimbursement of futile expenses.

During the provision period, the provider shall ensure the updates that are necessary to maintain the conformity of the access (Section 327f BGB) and shall inform the Customer of their availability. Responsibility for installing provided updates lies with the Customer to the extent necessary; the provider is not liable for defects that have arisen solely due to the failure to install a properly provided update, provided that the provider has informed the Customer of the availability of the update and the consequences of a failure to install it.

If the Customer is a business customer, the limitation period for defect claims is one year from the statutory commencement of the limitation period. For consumers, the statutory limitation period of two years remains unaffected.

10 Liability

The provider is liable without limitation for intent and gross negligence as well as for damage resulting from injury to life, body or health. In the case of simple negligence, apart from the aforementioned cases, the provider is liable only where a material contractual obligation (cardinal obligation) is breached, the fulfillment of which is what makes the proper performance of the contract possible in the first place and on whose observance the Customer regularly relies and may rely. In these cases, liability is limited to the foreseeable damage typical for the contract.

The above limitations of liability do not apply in the case of fraudulent concealment of defects, in the case of the assumption of a guarantee, or in the case of claims under the Product Liability Act. The above provisions do not entail any change in the burden of proof to the detriment of the Customer.

The provider again expressly points out that the app offered, the practice questions and the mock exams constitute a learning and preparation aid and do not replace the official test conducted by the competent DMV. Passing the practice tests does not guarantee any particular result in the official test. Liability for decisions or test results connected with the use of the app is excluded within the scope of the above provisions.

11 Changes to These Terms

Subsequent changes to prices or terms do not apply to contracts that have already been concluded; the Terms applicable at the time the respective contract was concluded and the price shown at that time are decisive. For memberships concluded as a subscription, changes for future billing periods can only take effect in compliance with the statutory requirements and after prior notification of the Customer with a reasonable notice period; in this case, the Customer has a right of cancellation.

The provider reserves the right to adjust these Terms as well as the price for future orders. Such changes apply exclusively to contracts concluded after they take effect. The applicable version of the Terms is available at dmvpracticetest.app/agb.

12 Data Protection

The provider processes the Customer's personal data in accordance with the provisions of the General Data Protection Regulation (DSGVO) and other applicable data protection regulations. Further information on the processing of personal data can be found in the privacy policy.

13 Consumer Dispute Resolution

The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG) (Section 36 VSBG). Independently of this, consumers naturally have the option of contacting the provider directly with their concerns at any time; every complaint is examined carefully and handled with the aim of reaching an amicable settlement.

14 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers who have their habitual residence in the European Union, the application of mandatory consumer protection provisions of the state of residence also remains unaffected.

If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of the provider. The same applies if the Customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought. The right to also bring an action at another statutory place of jurisdiction remains unaffected by this.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected thereby. The invalid provision shall be replaced by the applicable statutory regulation.