General Terms and Conditions

General Terms and Conditions of myStrom AG, c/o tiko Energy Solutions AG, 8004 Zürich, Switzerland, info@mystrom.ch (hereafter: myStrom)

Part 1 – General Provisions

1. Scope and general provisions
   1. myStrom offers smart home products through the mystrom.com platform, and provides its customers with smart home software applications, including apps. The services of myStrom are exclusively based on these general terms and conditions in the version valid at the time of the order. Deviating terms and conditions are not valid, unless myStrom expressly agrees to them in writing.
   2. Only the German, French, Italian and English languages are available for the conclusion of the contract.
   3. myStrom is entitled to involve third parties in the provision of services.
   4. Unless otherwise stipulated, the contracts between myStrom and the customer are subject to the statutory warranty right.

2. Updating obligation for digital products and products with digital content
   1. myStrom reserves the right to carry out product changes to digital products and products with digital content sold by myStrom, insofar and as long as these product changes do not impair their intended functionality and do not restrict the functions they had at the time of purchase.
   2. Unless otherwise agreed, myStrom provides the customer with function-maintaining updates and appropriate security updates for goods with digital elements or for digital products within the meaning of the German Civil Code (BGB).
   3. The customer will be informed about the provision of updates and their proper installation. It is the customer’s responsibility to install the updates properly, with due regard to the installation guidelines.

Part 2 – Special provisions for the purchase of goods

3. Conclusion of the contract for the purchase of goods
   1. The offers of myStrom on the Internet are a non-binding invitation to the customer to order goods or services. By submitting the order (clicking on the “buy now” button)on the myStrom website, the customer makes a binding offer for a contract.
   2. myStrom accepts the contract by asking the customer for payment after placing the order (e.g. PayPal or credit card payment).
   3. After the order has been sent by the customer via the myStrom online order form, these terms and conditions and, if available, the other contract texts will be sent to the customer in text form (e.g. email, fax or letter). No further storage of the terms and conditions and the other contractual texts by the provider shall take place.
   4. Before a binding order is placed via the myStrom online order form, the customer can correct their entries using the usual keyboard and mouse functions. In addition, all entries will be corrected before the binding submission of the order in the online order form/checkout area using the usual keyboard and mouse functions.
   5. myStrom is entitled to set quantity and amount limits for each order.

4. Payment, default
   1. The prices listed on the website of myStrom at the time of ordering apply. All prices include German statutory VAT plus shipment costs.
   2. Payment is possible via PayPal and credit card. When selecting the “PayPal” payment method, payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

5. Retention of title
   1. myStrom reserves the right of ownership of the delivered goods to consumers until full payment of the purchase price due.

6. Delivery
   1. The delivery times can be found in the offers. Any deviating delivery times are indicated on the relevant product page. The start of the delivery period specified by myStrom presupposes the timely and proper fulfilment of the customer’s obligations, in particular the correct indication of the delivery address within the scope of the order.
   2. If myStrom is not in a position to deliver the ordered goods because the supplier of myStrom does not fulfil its contractual obligations, the customer shall be informed immediately that the ordered goods are not available. myStrom and the customer are in this case entitled to cancel the contract. Any moneys already paid by the contracting party will be reimbursed immediately. The statutory rights of the customer remain unaffected.
   3. With respect to entrepreneurs, the risk of deterioration or loss of the goods passes to the customer upon delivery of the item to the transport company. If the handover or dispatch is delayed for reasons for which the customer is responsible, the risk shall pass to the customer on the day of notification of readiness for dispatch.

7. Acceptance delay
   1. If the customer delays taking delivery of the goods or violates other obligations to cooperate, myStrom shall be entitled to demand reimbursement of any damages incurred by myStrom, including any additional expenses. The right to make further claims is reserved. This does not apply if the customer exercises their right of withdrawal by refusing to accept, if they are not responsible for the circumstance which has led to the impossibility of the delivery or if the customer was temporarily prevented from receiving the service offered, unless myStrom had notified them of the service well ahead of time.
   2. The purchase price shall be subject to interest during the delay, in accordance with legal regulations.
   3. For their part, the customer reserves the right to prove that damage of the amount demanded was not incurred, or was at least substantially lower. The risk of accidental loss or deterioration of the purchased item is transferred to the customer in the event of a cancellation or rescission of the purchase agreement, a return or a complaint.

8. Warranty
   If the purchased item is defective, the provisions of the statutory warranty shall apply.

Part 3 – Special provisions for the use of the software

9. Services in connection with the provision of software
   1. myStrom provides a cloud-based smart home system (hereafter “software”) that can be used by the customer via the Internet. The current functionality of the software can be viewed on the myStrom website. myStrom will continue to develop the software at its own discretion. However, there is no right of the customer to demand a specific design of the myStrom infrastructure or to demand the development of certain software functions.
   2. Since the software is free, no permanent availability is guaranteed.

10. Registration and conclusion of contract
    1. In order to use the myStrom software, the customer must create a myStrom user account.
    2. By registering and using the software, a user agreement is created between myStrom and the customer.
    3. The statutory warranty applies.

11. Alarm functions, emergency notifications, preventive measures
    1. The customer can activate alarm functions within the software. For this purpose, the customer stores their telephone number and, on request, a further telephone number of a trusted person. If the software registers a specific event (e.g. activation of devices in an empty apartment), a call is made to the stored telephone number or another predefined action is triggered. In addition, further prevention measures (e.g. timers) can be programmed. The individual available functions are contained in the software description. The costs for the relevant function are given in the price list.
    2. Only valid telephone numbers from the EU and Switzerland, and which establish a direct connection to the specified person and to the disclosure of which the data subject consents, may be entered. Paid premium-rate numbers are not permitted.
    3. If the customer enters emergency telephone numbers or other contact details of trusted persons, he or she is obliged to ensure that the trusted person is aware of and consents to this. He or she must tell his or her contact person the name of myStrom, refer them to myStrom’s privacy policy and inform them that they can revoke their consent at any time. It is up to the customer to ensure compliance with statutory requirements (especially the information obligations towards persons present on the premises and, if applicable any consent required and occupational health and safety measures). If a trusted person revokes their consent with respect to the customer, the customer must delete the stored number immediately.
    4. If myStrom determines that a specified emergency number is incorrect, myStrom is entitled to immediately delete this number. If the customer provides an incorrect emergency telephone number multiple times (at least three times), myStrom is entitled to block the alarm function for that user or to terminate the contract with the customer without notice.
    5. If a trusted person request that myStrom delete their telephone number, myStrom shall immediately delete the telephone number on its own initiative; the customer will be informed of this deletion. In addition, myStrom is entitled to delete the telephone numbers entered for the trusted person and the customer if myStrom determines that a number is incorrect, has not been assigned or is no longer assigned, or if it is a paid premium-rate number. The customer has the contractual right to delete the emergency number of the trusted person, or to request its deletion, at any time.
    6. It is pointed out that the software functions described in this section are intended to support the customer in the general monitoring of its premises. However, they cannot, and are not intended to, replace professional and sustainable security and are not intended to prevent criminal acts or other dangerous processes. It is the responsibility of the customer to secure its premises in a suitable manner, taking into account the risks existing in their specific individual situation and any existing statutory provisions.
    7. Unless otherwise agreed, the alarm function can be ordered as a subscription, with a term of one month or one year. In the case of an annual subscription, the notice period is 1 month to the end of the contract period. In the case of a monthly subscription, the notice period is one day to the end of the contract period. If the subscription is not cancelled on time, it is extended by the original ordered term.
    8. Unless otherwise agreed, a maximum of six (6) call alarms per month shall be activated. Unused call alarms lapse at the end of the month.

12. In-App purchases
    1. The customer has the option of purchasing digital content within the software or app (in-app purchases). The subject of the contract is the provision of a simple right to use this content. The customer is neither entitled to reproduce the provided content physically or electronically, nor to cede copies to third parties. Unless otherwise agreed, the content is provided exclusively for private use, so that commercial use without express permission is not permitted. The rights of use shall only be transferred once the contractually agreed remuneration has been paid in full. Insofar as the digital content has been made available to the customer before this point in time, this shall not be regarded as an implied transfer of usage rights.
    2. The purchase is made by selecting the desired content and by then pressing the purchase button. Until the purchase button has been pressed, customers can change their selection and correct their entries at any time or cancel their purchase. By pressing the purchase button, the customer submits a binding contractual offer. Acceptance of the contractual offer can be declared within one (1) day by way of an order confirmation in written or text form (e.g., by email), whereby receiving the order confirmation from the customer is decisive in this respect, or providing the customer with the desired content, or asking the customer to pay after the order has been placed (e.g., with PayPal payments). If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If no acceptance is declared within the specified period, this shall be deemed to be a rejection with the result that the customer is no longer bound to their declaration of intent.
    3. myStrom does not store the contractual text. All contracts can be made in German, Italian, French, and English.
    4. The statutory warranty for defects applies.

13. Interfaces to third-party devices
    1. myStrom’s app offers its customers the option of connecting to third-party devices in their households via an interface (API) in order to control the third-party devices via myStrom’s app. myStrom only owes the provision of a functioning interface and the transmission of data required to control the third-party devices via this interface. The use of third-party devices is based on the contractual relationship between the end customer and the third-party provider. myStrom is not involved in this contractual relationship.
    2. myStrom is not responsible for the functionality of the third-party devices or any processing of data that may be carried out by the providers of the third-party devices. Furthermore, myStrom is not responsible if the functionality of the devices or the interface is restricted by updates from third-party providers. The same applies if the updates restrict additional functions that were originally possible before the devices were connected. The regulations on the statutory warranty for defects and the regulations under the heading “Liability” shall remain unaffected.
    3. All devices that can be connected to the app via the interface are listed exhaustively on this website on the pages of the products concerned; the privacy statements of the third parties can be found on their websites; there is no entitlement to integrating providers who do not appear on this list.

14. Free Trial Periods and Paid Versions
    1. myStrom offers its customers a paid version as well as a free trial version of the software or app. The respective range of functions can be found in the service descriptions provided by myStrom.
    2. The free software or app is initially made available to customers for a trial period. After the free phase expires, customers have the option to continue using the software or app with a reduced range of functions for free or to switch to one of the paid plans. Details about the range of functions can be found in myStrom’s offer, on the website, and in the service description.

15. Contract period and contract termination
    1. The contract is concluded for an indefinite period and may be terminated by either party without notice.
    2. Upon termination, the customer agrees to discontinue any use of the services and the client software, any client software that they have downloaded and installed on a computer, hard drive, or other storage device under their control, to delete and refrain from accessing the network or using another user account to access the network.

16. Right of use of the licensed software
    1. myStrom products are protected by intellectual property rights. For the duration of the contract, the customer receives the spatially unlimited, non-transferable and non-exclusive right to make use of and to use the software as intended. The right of use is limited to the duration of the transfer in the sense of the preceding paragraphs and then ends automatically.
    2. All rights to myStrom’s existing intellectual property or intellectual property resulting in connection with the fulfillment of the contract remain with myStrom or its authorized licensors.
    3. The customer shall not modify, adapt, translate, reverse engineer, decompile, disassemble the software or create projects derived from the software.
    4. The customer is not entitled to make the software available to third parties for use, either for free or for a fee. Renting out the software is expressly prohibited to the customer. Furthermore, the customer shall not reproduce the software or allow the software to be accessed via a forum on a public computer or through a “shareware” distribution. In particular, the customer may not remove any references to the legal ownership of myStrom or its partners, use the myStrom brand without consent, or sell, assign or sublicense the software.

17. Customer obligations
    1. The customer has to observe the applicable law when using the software. Customers are not entitled to use the software for purposes other than those provided for in this contract. The customer may not help other users who violate these terms and conditions to gain access to the service.
    2. myStrom is entitled to terminate, block and/or delete the customer’s account without prior notice in the event of a breach of these conditions. The respective sanction measure is at the discretion of myStrom, and depends on the type, severity and duration of the infringement. The same applies in the case of incorrect or incomplete information provided by the customer when concluding the contract or when ordering.

18. Support
    1. Application or software issues are handled by myStrom as part of support. For the purpose of the fastest possible processing, support services must be requested via the communication channels provided for this purpose on the myStrom website or via the available support form. Support enquiries are processed chronologically in regular business hours according to the order of their arrival at myStrom. Urgent support requests outside normal business hours can be arranged for a separate fee.
    2. If myStrom is sued by third parties due to disruptions whose cause is not in the infrastructure of myStrom, the costs may be charged to the customer who caused the disruption.

19. Maintenance and remote access
    1. myStrom is responsible for maintaining the myStrom infrastructure and is entitled to interrupt or restrict the operation of the software for the purpose of troubleshooting, maintenance, introducing new technologies, etc. myStrom shall fix disruptions that are within the influence of myStrom during the operating period within a reasonable period of time.
    2. For the purpose of control, configuration, updating and similar, myStrom is entitled to access the customer’s infrastructure used for the service provision and to view, modify, update, delete or otherwise control existing technical data or software. Via remote access, myStrom gets an insight into the customer’s technical data, which is directly related to the configuration of myStrom’s hardware, software and services.

20. Storage of the data produced and data backup by the customer
    1. myStrom is not obliged to retain the data arising from the provision of the service to the customer until the end of the contract. The retention of the data and data accruing during use is guaranteed for 13 months in an uncanceled relationship. The data will be stored in Switzerland/EU. Regardless of the reasons or the authorship of the termination and upon contract termination at the latest, the data will be deleted and the linkage of this data with the customer will be removed and used in an anonymous manner for different surveys.
    2. myStrom is obliged to take appropriate precautions against data loss and to prevent unauthorised access to the customer’s data by third parties. For this purpose, myStrom creates daily backups and uses state-of-the-art firewalls. However, the data will be deleted after one year or upon termination of the contract.

Part 4 – Liability

21. Liability
    1. myStrom is liable for any legal reason whatsoever in cases of intent or gross negligence,
intentional or negligent injury to life, limb or health,
on the basis of a guarantee commitment unless otherwise stipulated or due to mandatory liability such as the product liability law.
    2. If myStrom negligently violates an essential contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless liability is unlimited in accordance with the above clause. Material contractual obligations are defined as obligations the contract imposes on myStrom according to its contents, the fulfilment of which makes possible the correct execution of the contract, and upon compliance with which the customer may regularly trust.
    3. Liability of myStrom is excluded in all other instances.
    4. The above liability regulations also apply with regard to the liability of myStrom regarding its vicarious agents and legal representatives.
    5. The customer exempts myStrom from any claims of third parties – including the costs of legal defence in their statutory amount – asserted against myStrom due to the customer’s breach of law or of the contract.

Part 5 – Final provisions

22. Data protection
    1. myStrom handles the personal data of the customer confidentially and in accordance with the legal data protection regulations. Transfer of personal data without the express consent of the customer does not occur or only occurs in the context of the necessary processing of the contract, for example, to companies entrusted to deliver goods. More details can be found in the privacy policy.

23. Malfunctions and safety regulations
    1. The system provided by myStrom is an electronic and web-based system whose functionality requires that certain preconditions be met. These in particular include the prerequisites described in the following paragraphs, the provision of which is the responsibility of the customer.
    2. It is the customer’s responsibility to provide sufficient technical infrastructure at the intended location of the device/system. We assume no responsibility for malfunctions due to a lack of technical infrastructure for which myStrom is not responsible (e.g. weak or fluctuating signal from the router, signal failures in the customer’s infrastructure, structural conditions at the installation site such as several-storey buildings, reinforced concrete walls between router and device, etc.). improper installation or damage caused by moisture, heat, dust, etc.). The regulations under the heading “Liability” and the statutory warranty rights shall remain unaffected.
    3. Switching devices on and off may also sometimes not occur at all, or may be delayed (too early or too late). Never connect devices that require monitoring by a person (e.g. stove, portable heaters, etc.) or exceed the technical capabilities of a device.
    4. myStrom will comply with all legal requirements for safe use of the devices and software. However, a secure application also requires correct handling by the user (customer). In this context, the customer is particularly responsible for compliance with the following obligations:
       1. It is the customer’s responsibility to take note of the safety instructions enclosed with the device before commissioning a device. If the customer does not understand these, use of the device is not recommended.
       2. The total consumption of devices connected to devices with a Swiss socket must never exceed 2375 watts. The total consumption of devices connected to devices with an EU/earthed socket must never exceed 3700 watts.
       3. The devices should only be used in a dry location. The devices are not to be used in bathrooms. No liquids may be spilled on the equipment, and the equipment should not be immersed in liquids.
       4. The devices must not be opened. There are no parts inside the equipment that can be repaired by laypersons. There is a risk of electric shock when attempting to repair the equipment yourself!
       5. No objects may be plugged into the openings of devices. Slots and openings in the housing are used for ventilation and must not be blocked or covered. Care must be taken to ensure that the devices have adequate ventilation so that the device does not overheat.
       6. Disconnect the power socket in order to disconnect the device from the mains.
       7. The devices should not be exposed to direct sunlight.
       8. The devices must not be installed in the immediate vicinity of a radiator.
       9. Before cleaning the housing, the devices must be disconnected from the mains. To clean the equipment, only use a lightly moistened cloth and never thinner, benzine, alcohol or other strong cleaning agents, as this may damage the housing.
       10. In case of damage, the device must be disconnected from the mains. Damage exists above all if the device/housing is damaged, if the device has been splashed with liquid or has been exposed to rain or if the device does not work for other reasons.
    5. The statutory warranty right and the provisions under the heading “Liability” remain unaffected by this clause.

24. Final provisions
    1. The law of Switzerland applies insofar as this choice of law does not lead to a consumer being thereby deprived of mandatory consumer protection standards.
    2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at our registered office in Bern is competent, unless an exclusive place of jurisdiction for the dispute is justified.
    3. myStrom is entitled to change these terms and conditions for objectively justified reasons (e.g. changes in case law, legal situation, market conditions or corporate strategy) and within a reasonable period of time. Existing contractors will be notified of this by email no later than two weeks before the change takes effect. If the existing contractor does not object within the time limit set in the change notification, their consent to the change shall be deemed granted. Notification of the intended change to these Terms and Conditions will indicate the time limit and consequences of the objection or omission.
    4. myStrom may transfer the present contract or rights and obligations arising from it without the consent of the customer to a company of the majority shareholder.
    5. myStrom is entitled, at its reasonable discretion, to make price adjustments to appropriately account for changes in the total costs incurred by myStrom in providing the service. Such changes in total costs may result from individual elements or components (cost elements) required for the provision of services becoming more expensive. For myStrom, the following cost elements in particular affect the total costs: costs for the technical provision of the service (e.g., hosting), service maintenance, production and licensing costs, general operating and administrative costs of the company (e.g., payment management, receivables management, rent and space costs, energy costs), hardware (servers, IT systems), personnel costs (e.g., salary increases, company agreements and collective agreements, minimum wage adjustments), costs for external service providers (e.g., call centers, IT support, hosting providers), cost-relevant legal changes (e.g., increases in taxes, duties, and charges), and costs for further development of the offering and software updates. Existing customers will be notified of the price adjustment by email at least one month before the price adjustment takes effect. If the existing customer does not object within the period specified in the change notification, their consent to the change is deemed to be given. The notification of the intended price adjustment will indicate the deadline and the consequences of objection or its absence. If the existing customer does not agree with the price adjustment, they can terminate the contract extraordinarily at the time the price adjustment takes effect. This price adjustment clause only applies to long-term obligations that are either open-ended or have a minimum term of 4 months.

25. Information on online dispute resolutionThe EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odrThis platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. myStrom is neither willing nor obliged to participate in a consumer dispute resolution procedure under VSBG [Consumer Dispute Resolution ActThe email address of myStrom can be found in the heading of these GTC.

Part 6 – EULA Apple App Store

26. End User License Agreement (hereinafter “EULA”) between myStrom AG (hereinafter “myStrom”) and End Users of Licensed Applications published by myStrom AG in the Apple App Store.
    1. Acknowledgement: This End User License Agreement is concluded exclusively between myStrom and the End User. myStrom is solely responsible for all Licensed Applications and their contents. This EULA need not provide any usage rules for Licensed Applications that conflict with the Apple Media Services Terms and Conditions as of the Effective Date. These were known to myStrom on the creation date of this EULA.
    2. Scope of License: The license granted to the End User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on all Apple products owned or controlled by the End User in accordance with the usage rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing.
    3. Maintenance and Support: myStrom is solely responsible for providing maintenance and support services with respect to the Licensed Application. myStrom and the End User acknowledge that Apple has no obligation whatsoever to provide maintenance and support services with respect to the Licensed Application.
    4. Warranty: myStrom shall be solely responsible for all product warranties, express or implied, to the extent not effectively disclaimed. The End User may notify Apple in the event of the Licensed Application’s failure to comply with any applicable warranty, and Apple may refund to the End User the purchase price for the Licensed Application; Apple shall have no other warranty obligations with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to the failure to comply with any warranty shall be the responsibility of myStrom.
    5. Product Claims: myStrom and the End User shall be solely responsible for addressing any claims by the End User or any third party relating to the Licensed Application or the End User’s possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) claims that the Licensed Application does not comply with applicable legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy or similar laws, including in connection with your Licensed Application’s use of the HealthKit and HomeKit frameworks.
    6. Intellectual Property Rights: In the event that a third party claims that the Licensed Application or the End User’s possession and use of the Licensed Application infringes that third party’s intellectual property rights, myStrom and the End User shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    7. Legal Compliance: End User represents and warrants that (i) it is not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) it is not on a U.S. government list of prohibited or restricted parties.
    8. myStrom AG Name and Address for End-User Questions, Complaints and Claims Regarding the Licensed Application: myStrom AG, c/o tiko Energy Solutions AG, Pflanzschulstrasse 7, 8004 Zurich, info@mystrom.ch
    9. Third Party Terms of Agreement: The End User must comply with applicable third party contract terms when using the Licensed Application.
    10. Third Party Beneficiary: myStrom and the End User acknowledge and agree that Apple and Apple’s affiliates are third party beneficiaries of the EULA, and that upon the End User’s acceptance of the terms of the EULA, Apple shall have the right (and shall be deemed to have accepted such right) to enforce the EULA against the End User as a third party beneficiary.

Date: July 2024