Version 1.0 — 2026-10-20 — English translation. The French version (master) prevails.
These terms and conditions of sale (the “Terms“) govern the sale of licences to use the OHP Apex software by OH Performance (Olivier Hagmann, trabajador autónomo, NIF/NIE Y5704201P, Calle Blas Fernández Lirola 20, 2-1, 08902 L’Hospitalet de Llobregat, Spain — contact.ohperformance@gmail.com) to professional customers.
1. Scope — professional customers
Licences are sold exclusively to professionals (teams, outfits, companies) — business-to-business. Use of the Software is governed by the licence agreement (EULA), accepted at installation and attached to the order.
These Terms cover only OHP Apex software licences. Any training services are governed by separate terms (Training Terms) and are not covered by this document.
2. Licences and pricing
- Licence offerings (number of workstations, term — season, event, etc.) and their prices are stated on the quote and/or the website. By default, a licence covers 2 workstations.
- Prices are expressed excluding tax (HT). Spanish VAT (IVA) at the rate in force (21%) is added where applicable (see §4).
3. Order
The order is formed by the customer’s acceptance of the quote (signed quote or written “agreed” approval by email). The quote states that the order is subject to these Terms and to the EULA, both attached and available for review.
4. VAT / IVA and invoicing
- Spanish customer: 21% IVA applied.
- Professional customer established in another EU Member State with a valid intra-EU VAT number: reverse charge, invoice without IVA with the corresponding statement.
- Professional customer established outside the EU: invoice without IVA, supply not subject to Spanish VAT (Article 69 of Ley 37/1992 del IVA).
The invoice states the NIF/VAT number of the parties and, where applicable, the reverse-charge statement.
5. Payment
Payment is made by bank transfer, within 30 days of the invoice date. The licence key is sent once payment has been received. In case of late payment, the late-payment interest and fixed recovery compensation provided for by Ley 3/2004 (combating late payment) apply.
6. Delivery
After acceptance of the order and receipt of payment, OH Performance sends by email the licence key, its validity dates, the download link, the accepted documents (EULA, Terms) and the link to the documentation.
7. Term and renewal
The licence is granted for the stated term (season, event, period). It is not renewed automatically. About 30 days before expiry, OH Performance sends the customer a renewal quote; failing acceptance, the licence ends at its term.
8. Withdrawal
As the sale is concluded between professionals, the right of withdrawal applicable to consumers does not apply.
9. Support
OH Performance provides support on a best-effort basis, as follows:
- Race weekends: by email, WhatsApp, or on site when OH Performance attends the event — target response time within 6 hours;
- Weekdays: by email — response within 2 business days.
These response times are targets, not a guaranteed result.
10. Liability
OH Performance’s liability for use of the Software is governed by the EULA (in particular the limitation of liability). Timing comes from third parties; strategy decisions are the customer’s.
11. Governing law and jurisdiction
These Terms are governed by Spanish law. Any dispute falls under the exclusive jurisdiction of the courts of Barcelona (Spain), save for any mandatory rule to the contrary.