General Terms and Conditions

General Terms and Conditions of myStrom AG

Preamble and Scope of Application

These General Terms and Conditions (GTC) apply to all contracts between myStrom AG, Hagenholzstrasse 81, 8050 Zurich, Switzerland (hereinafter “myStrom”) and its customers concluded via mystrom.ch, the myStrom App or the myStrom Cockpit.

myStrom offers smart home products as well as related software and cloud services. Deviating terms and conditions of the customer shall only apply if myStrom has expressly agreed to them in writing. These GTC are drawn up in German, French, Italian and English; in the event of a dispute, the German version shall prevail (Section 9.3).

myStrom engages third parties to provide its services.

1. General Provisions

1.1 Amendments to the GTC

myStrom may amend these GTC at any time for objectively justified reasons, in particular in the event of changes in case law, legislation, market conditions or corporate strategy. The current version is available at mystrom.ch under “GTC” and will be sent by e-mail upon request.

By ordering a product, the customer accepts the version valid at that time. For the use of the software, acceptance takes place as part of the registration process. Existing subscription customers will be informed of material changes by e-mail at least one month before they come into effect. The amendment shall only take effect if the customer expressly consents to it in writing or in text form.

1.2 Product Modifications

myStrom continuously develops its products, software and services and may, where there is an objectively justified reason (in particular technical necessities, security requirements, legal changes or changes in market requirements), adapt, modify, restrict, replace or discontinue them. This also applies to functions that existed at the time of purchase or conclusion of the contract. The customer has no claim to a specific configuration of the myStrom infrastructure, to the continued existence of individual functions or to the development of specific new functions. In the event of material changes that significantly impair the functionality or use of the services, the customer is entitled to terminate the contract extraordinarily with one month’s notice effective as of the date the change comes into effect.

For paid subscriptions, Section 4.5 lit. d applies in addition.

1.3 Updates

myStrom provides the legally required security updates for products with digital elements. Further functional updates are at myStrom’s discretion. Installation takes place automatically or must be carried out by the customer in accordance with the installation instructions.

1.4 Maintenance and Remote Access

myStrom maintains its infrastructure and may interrupt or restrict the operation of the software to remedy malfunctions, carry out maintenance work or introduce new technologies. It remedies malfunctions within its sphere of influence within a reasonable period of time.

For the purposes of control, configuration, updating and troubleshooting, myStrom may access the infrastructure used by the customer to obtain the service and may view, modify, update or delete the associated technical data.

2. Purchase of Goods

2.1 Conclusion of Contract

Offers on mystrom.ch are non-binding. By submitting the order, the customer makes a binding offer to conclude a contract. myStrom accepts this offer by requesting payment from the customer. Before placing the binding order, the customer can correct his entries at any time.

myStrom may set maximum limits per order in terms of quantity and amount. After the order has been submitted, myStrom will send the customer these GTC and the other contractual documents in text form, in particular by e-mail. myStrom does not store the contract text beyond this; the customer is responsible for his own archiving.

2.2 Prices and Payment

The prices published on mystrom.ch at the time of the order apply, including statutory value added tax, plus the indicated shipping costs. Payment is made via the payment methods offered on the website.

2.3 Retention of Title

Vis-à-vis consumers, myStrom retains title to the delivered goods until the purchase price has been paid in full.

2.4 Delivery and Default of Acceptance

Delivery times are stated in the respective offer. If myStrom is unable to deliver through no fault of its own because a supplier fails to fulfil its contractual obligations, it shall inform the customer without delay; in this case, both parties may withdraw from the contract, and any services already rendered shall be refunded.

Vis-à-vis businesses, the risk of deterioration or loss of the goods passes to the customer upon handover to the transport company. If the customer is in default of acceptance or culpably breaches duties to cooperate, myStrom may demand compensation for the resulting damage; this does not apply in the event of the lawful exercise of a right of withdrawal or if the customer is not responsible for the delay.

2.5 Returns

The customer may return goods within 14 days. Provided the customer has been duly informed of his right of withdrawal, he shall bear the direct costs of returning the goods. The return shipping costs shall be borne by the customer. myStrom shall refund the purchase price less shipping costs within 30 days of receipt of the returned goods. No flat-rate deduction shall be made for missing or damaged packaging. However, the customer is obliged to compensate for the loss in value if he has used the goods beyond what was necessary to examine their condition and functionality, or has damaged them.

2.6 Warranty

The statutory warranty rights apply. For used goods marked as refurbished or as demonstration items, the warranty period is 12 months from delivery. This limitation does not apply in cases of intent, gross negligence, injury to life, body or health, within the scope of an expressly given guarantee, or to the extent that product liability law is mandatorily applicable.

3. Remuneration Terms

3.1 Reservation of the Right to Discontinue Free Offers

myStrom reserves the right to discontinue free offers and functions at any time or to convert them into paid offers. The customer has no claim to permanently free use of the software and cloud services. This applies in particular to the free use of the app functions and cloud services.

3.2 Transition for Existing Customers

When converting a previously free offer into a paid offer, myStrom shall inform the affected existing customers by e-mail at least two months before the planned effective date of the change. The information shall include:

• a description of the changed conditions,
• the new price,
• the effective date,
• a reference to the special right of termination pursuant to Section
  3.3.

Customers will be offered the option of continuing the contract under the changed conditions. If customers reject the change, the contract ends at the time the change comes into effect.

3.3 Special Right of Termination

In the event of material changes to the contractual terms, in particular the conversion of a free offer into a paid offer, the customer is entitled to terminate the contract extraordinarily with one month’s notice effective as of the date the change comes into effect.

3.4 Express Consent

Changes to the contractual terms that result in the introduction or increase of fees shall only take effect if the customer expressly consents to the change in writing or in text form. Consent by silence is excluded.

3.5 Transitional Arrangement

myStrom may grant customers a transitional period during which the previous free offer can continue to be used until the customer has been informed of the conversion and has made a decision. myStrom will notify customers of the duration of the transitional period in good time.

3.6 New Customers

For new customers, from the time the change is introduced, the use of the software and cloud services is only possible against payment. This will be clearly indicated in the service description on mystrom.ch.

4. Use of the myStrom Software, App and Cloud Services

4.1 Service Description

myStrom operates a cloud-based smart home system that the customer uses via the myStrom App or the myStrom Cockpit. The current scope of functions is set out in the product and price description on mystrom.ch. In addition, myStrom provides tools that can be operated without the cloud. The scope of functions of these tools is defined exclusively by myStrom and may be adjusted at any time.

The service packages and prices published on mystrom.ch apply to the use of the cloud services. Section 1.2 (Product Modifications) and Section 4.5 (Subscriptions, Prices and Term) remain reserved.

4.2 Registration

To use the software, the customer creates a myStrom user account. Upon registration and use, a usage contract is concluded between myStrom and the customer. myStrom may refuse a registration without stating reasons.

4.3 Duties of Care of the User

The customer shall keep his access data secure and is responsible for protecting it from unauthorised access. If there is a suspicion that a third party has gained unauthorised knowledge of the password or login, the customer must change the password immediately or request that the account be blocked.

The customer is liable for all actions carried out using his account unless he proves that he is not at fault. He shall indemnify myStrom against claims by third parties arising in connection with any misuse of his account.

4.4 Blocking and Deletion

myStrom may block access to the software in whole or in part at any time, in particular in the event of a breach of these GTC, incorrect information or non-payment. The customer may request the deletion of his account at any time via the contact form.

4.5 Subscriptions, Prices and Term

1. myStrom offers its software and cloud services in various subscription models. There is no entitlement to permanently free use of the cloud services unless myStrom expressly provides for this in individual cases.

2. Subscription terms (e.g. monthly or annually) and the corresponding prices are set out on the respective product page. If a subscription is not terminated in due time, it is renewed for the originally booked term.

3. myStrom may adjust the prices of existing subscriptions. It shall inform existing customers by e-mail at least one month before the adjustment comes into effect. The price adjustment shall only take effect if the customer expressly consents to the change in writing or in text form. If the customer does not agree to the adjustment, he may terminate the subscription extraordinarily effective as of the date the adjustment comes into effect.

4. myStrom may change, replace or discontinue individual functions of a subscription. For paid subscriptions, myStrom grants the customer an extraordinary right of termination if services within the subscriptions are changed.

4.6 Availability

myStrom endeavours to ensure high availability of the software but does not guarantee uninterrupted usability.

4.7 Alarm Functions and Emergency Notifications

If included in the booked subscription, the customer can activate alarm functions and store one or more telephone numbers for this purpose. In the event of a defined event, the software triggers a call or another predefined action.

1. The customer can activate so-called alarm functions within the software. To do so, the customer stores his telephone number and, if desired, an additional telephone number of a trusted person. If the software registers a specific event (e.g. operation of devices in an empty home), a call is made to the stored telephone number or another predefined action is triggered. In addition, further preventive measures can be programmed (e.g. timers). The functions available in detail are set out in the software description. The costs for this function are set out in the price list.

2. Only valid telephone numbers from the EU and Switzerland may be entered that establish a direct connection to the specified person and whose disclosure the person concerned has consented to. Premium-rate numbers are not permitted.

3. If the customer stores emergency telephone numbers or other contact details of trusted persons, he is obliged to ensure that the trusted person is aware of this and agrees to it. He must inform his contact person of the name of myStrom, refer them to its privacy policy and inform them that they can revoke their consent at any time. It is the customer’s responsibility to ensure that the legal requirements are met (in particular compliance with information obligations towards persons on the premises, any necessary consents and occupational safety measures). If a trusted person revokes their consent vis-à-vis 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 delete this number immediately. If the customer has repeatedly (at least three times) provided an incorrect emergency telephone number, myStrom is entitled to block the alarm function for this user or to terminate the contract with the customer extraordinarily without notice.

5. If a trusted person requests myStrom to delete their telephone number, myStrom will delete the telephone number immediately on its own initiative; the customer will be informed of this deletion. Furthermore, myStrom is entitled to delete the entered telephone number of the trusted person and the customer if myStrom determines that the number is incorrect, is not or no longer assigned, or is a premium-rate number. The customer has the contractual right to delete the emergency number of the trusted person at any time or to request its deletion.

6. It is pointed out that the software functions described in this Section are intended to support the customer in the general monitoring of his premises. However, they cannot and should not replace professional and sustainable security measures and are not intended to prevent criminal acts or other dangerous events. It is the customer’s responsibility to secure his premises in an appropriate manner, taking into account the risks existing in the specific individual case and any applicable legal provisions.

7. Unless otherwise agreed, the alarm function can be booked as a subscription with a term of one month or one year. For an annual subscription, the notice period is one month to the end of the contract term. For a monthly subscription, the notice period is one day to the end of the contract term. If the subscription is not terminated in due time, it is renewed for the originally booked term.

8. Unless otherwise agreed, a maximum of six (6) call alarms per month will be made. Unused call alarms expire at the end of the month.

4.8 In-App Purchases

1. The customer has the option of purchasing digital content within the software or app (in-app purchases). The subject matter of the contract is the granting of a simple right of use to this content. The customer is not entitled to reproduce the provided content physically or electronically and/or to make copies available to third parties. Unless otherwise agreed, the content is provided exclusively for private use, so that commercial exploitation without express authorisation is not permitted. The transfer of the rights of use only takes place upon full payment of the contractually owed remuneration. If the digital content is made available to the customer before this time, this is not to be regarded as an implied transfer of rights of use.

2. The purchase is made by selecting the desired content and then pressing the purchase button. Until the purchase button is tapped, the customer can correct his selection and entries at any time or cancel the purchase. By tapping the purchase button, the customer submits a binding contractual offer. Acceptance of the contractual offer may be declared within one (1) day by means of an order confirmation in written or text form (e.g. by e-mail), whereby receipt of the order confirmation by the customer is decisive, or by making the desired content available to the customer, or by requesting payment from the customer after the order (e.g. in the case of PayPal payment). If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If no acceptance is declared within the stated period, this shall be deemed a rejection with the consequence that the customer is no longer bound by his declaration of intent.

3. The contract text is not stored by myStrom. German, Italian, French and English are available for the conclusion of the contract.

4. The statutory warranty rights for defects apply.

4.9 Interfaces to Third-Party Providers

The myStrom App can be connected to third-party devices and services via interfaces (API). myStrom owes exclusively the provision of a functional interface and the transmission of the data required for this. The use of the third-party services themselves is governed by the contract between the customer and the third-party provider; myStrom is not a party to this and is not responsible for their functionality or data processing. There is no entitlement to the integration of a specific provider.

If updates by the third-party provider restrict the functionality of the devices, the interface or previously existing additional functions, the same applies; the statutory warranty provisions remain unaffected. The privacy policy and terms and conditions of the respective third-party provider can be viewed on its own website.

4.10 Data Retention

In an unterminated contractual relationship, myStrom retains the accruing data for 13 months in Switzerland or the EU. After termination of the contract, the data is deleted or further used in anonymised form. myStrom takes appropriate technical measures, including daily backups and firewalls, against data loss and unauthorised access.

4.11 Rights to the Software

The software remains the intellectual property of myStrom or its licensors. For the duration of the contract, the customer receives a non-exclusive, non-transferable right to use it as intended. He may not decompile, modify or sublet the software, make it available to third parties for a fee or free of charge, or remove legal notices.

4.12 Contract Term and Termination

Usage contracts without a fixed subscription term run for an indefinite period and can be terminated by either party at any time; Section 4.5 applies to subscriptions. After the end of the contract, the customer must cease using the software and delete installed client software from his devices.

4.13 Return of Hardware upon Termination

The customer is advised that hardware purchases made are not affected by a termination of the usage contract and that the termination does not entitle the customer to a reversal of the transaction or return of the purchased hardware. This does not apply insofar as the customer has a statutory right of withdrawal.

5. Obligations of the Customer and Safety Instructions

5.1 Intended Use

The customer uses the software within the framework of applicable law and exclusively for the intended purposes. He may not help other users who violate these GTC to gain access to the service.

5.2 Technical Infrastructure of the Customer

The customer is responsible for adequate technical infrastructure at the place of use (e.g. WLAN signal, structural conditions). myStrom is not liable for malfunctions attributable to inadequate or improper infrastructure of the customer.

5.3 Safety Instructions for Devices

Devices may not be used for applications that require constant monitoring by a person (e.g. cookers, mobile heaters) or that exceed their technical capacity. The customer shall observe the safety instructions enclosed with the device, in particular regarding maximum connected load, dry location, sufficient ventilation and proper cleaning.

1. The system provided by myStrom is an electronic and web-based system whose functionality requires certain preconditions to be met. These are in particular the preconditions described in the following paragraphs, the provision of which is the responsibility of the customer.

2. It is the customer’s responsibility to ensure adequate technical infrastructure at the planned place of use of the device/system. For malfunctions based on inadequate technical infrastructure for which myStrom is not responsible (e.g. weak or fluctuating router signal, signal failures in the customer’s infrastructure, structural conditions at the installation site, such as floors to be crossed, reinforced concrete walls between router and device etc., improper installation or damage caused by moisture, heat, dust and the like), we accept no responsibility; the provisions under the heading “Liability” and the statutory warranty rights for defects remain unaffected.

3. The switching on and off of devices may occasionally not occur or occur with a delay (too early or too late). Devices that require monitoring by a person (e.g. hotplates, mobile heaters etc.) or that exceed the technical capacities of a device must never be connected.

4. myStrom will comply with all legal requirements for the safe use of the devices and software. However, safe use also requires correct handling by the user (customer). In this context, the customer is in particular required to comply with the following obligations:

   1. It is the customer’s responsibility to take note of the safety instructions enclosed with the device before putting it into operation. If the customer does not understand them, putting the device into operation is not recommended.

   2. The total consumption of the devices connected to devices with a CH socket must never exceed 2375 watts. The total consumption of the devices connected to devices with an EU/Schuko socket must never exceed 3700 watts.

   3. The devices are to be used exclusively in a dry location. The devices are not to be used in bathrooms. No liquids may be poured onto the devices and the devices may not be immersed in liquids.

   4. The devices must not be opened. There are no parts inside the devices that can be repaired by laypersons. Attempting to repair the devices yourself poses a risk of electric shock!

   5. No objects may be inserted into the openings of the devices. Slots and openings on the housing serve for ventilation and must not be blocked or covered. Care must be taken to ensure that the devices receive sufficient ventilation so that the device does not overheat.

   6. To disconnect the device from the mains, the device is unplugged from the socket.

   7. The devices should not be exposed to direct sunlight.

   8. The devices must not be placed in the immediate vicinity of a radiator.

   9. Before cleaning the housing, the devices must be disconnected from the mains. Only a slightly damp cloth may be used to clean the devices; never use thinner, petrol, alcohol or other harsh cleaning agents, as this may damage the housing.

   10. In the event of damage, the device must be disconnected from the mains. Damage exists in particular if the device/housing is damaged, if the device has been doused with liquid or exposed to rain, or if the device does not function for other reasons.

5. The statutory warranty rights for defects and the provisions under the heading “Liability” remain unaffected by this Section.

6. Liability

6.1 Scope of Liability

myStrom is liable without limitation in cases of intent and gross negligence, in the event of injury to life, body or health, and within the scope of mandatory statutory liability, such as under the Product Liability Act.

6.2 Limitation in Cases of Slight Negligence

In cases of slight negligence, myStrom is only liable for the breach of material contractual obligations and limited to the foreseeable damage typical for the contract. Otherwise, myStrom’s liability is excluded to the extent permitted by law. These limitations also apply to myStrom’s auxiliary persons.

6.3 Indemnification

The customer shall indemnify myStrom against third-party claims asserted against myStrom on the basis of unlawful actions or actions in breach of contract by the customer.

7. Data Protection

7.1 Principles

myStrom processes personal data confidentially and in accordance with the applicable data protection regulations (in particular the Swiss Data Protection Act and, where applicable, the EU GDPR). Data is only passed on to third parties in the context of contract processing or with the express consent of the customer. Details are set out in the privacy policy at mystrom.ch/privacy-policy.

8. Special Provisions for Customers in the EU (EU GDPR Clause)

8.1 Controller

myStrom AG, Hagenholzstrasse 81, 8050 Zurich, Switzerland, is the controller for the services provided to EU customers.

8.2 Legal Bases

We process your personal data on the following legal bases:

1. Contract: for the provision of our services.

2. Legitimate interests: for the operation, maintenance and improvement of our services.

3. Consent: where applicable (e.g. for optional functions or marketing communication).

8.3 Privacy Policy

You acknowledge and agree that your data will be processed in accordance with our privacy policy, which explains your GDPR rights and how to exercise them.

8.4 EU Representative

For customers in the EU, our representative appointed pursuant to Article 27 GDPR is:

VGS Datenschutzpartner UG Am Kaiserkai 69 20457 Hamburg Germany info@datenschutzpartner.eu

8.5 Your GDPR Rights

You have the right to:

1. access to your personal data (Art. 15)

2. rectification of inaccurate data (Art. 16)

3. erasure (“right to be forgotten”, Art. 17)

4. restriction of processing (Art. 18)

5. objection to processing (Art. 21)

6. data portability (Art. 20)

7. withdrawal of your consent at any time (Art. 7)

8. lodge a complaint with an EU data protection supervisory authority

To exercise these rights, please contact us at info@mystrom.ch

We will respond within one month; for complex requests, this period may be extended to three months.

8.6 Data Location and Transfers

We store and process all personal data of EU users exclusively within the EU; the servers are located at Hetzner in Germany. We do not transfer any EU user data outside the EEA. Exception: If EU data must be transferred to support personnel or partners outside the EEA, this is done on the basis of standard contractual clauses or equivalent guarantees.

8.7 Data Storage and Security

We store personal data only for as long as is necessary for the provision of services or required by law. We use technical and organisational security measures — including encryption, access controls and backups — to protect data integrity and confidentiality.

8.8 Notification of Data Breaches

In the unlikely event of a personal data breach, we will inform you and the competent EU supervisory authority within 72 hours in accordance with the GDPR.

8.9 Processors

1. Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany — hosting provider (personal data is stored in Germany).

2. Vestiacom P.S.A., ul. Jana Rosoła 22B/4, 02-786 Warsaw, Poland — service and support (employees of Vestiacom P.S.A. are based in Poland).

We may engage additional processors for support or services.

9. Final Provisions

9.1 Applicable Law

For customers residing in the European Union, the law of the Federal Republic of Germany applies. Swiss law applies, subject to mandatory consumer protection provisions at the customer’s place of residence.

9.2 Place of Jurisdiction

The place of jurisdiction is Zurich. For customers who are consumers, the place of jurisdiction is their place of residence. For customers acting as merchants, legal entities under public law or special funds under public law, the court at myStrom’s registered office in Zurich has jurisdiction, unless a mandatory place of jurisdiction exists.

9.3 Language of Court Proceedings and Authoritative Version

For all disputes in connection with this contract, German is agreed as the language of court proceedings. This also applies if the contract was drawn up in another language. In the event of inconsistencies or disputes, the German version of these GTC shall be authoritative.

9.4 Transfer of Contract

myStrom may transfer this contract or individual rights and obligations arising from it to a company of the majority shareholder without the customer’s consent. In the event of such a transfer of contract, the customer is entitled to terminate the contract extraordinarily with one month’s notice effective as of the date of the transfer of contract.

9.5 Dispute Resolution

For disputes arising from online purchase or service contracts with consumers, myStrom refers to the ODR platform of the EU Commission (ec.europa.eu/consumers/odr). There is no obligation to participate in a dispute resolution procedure.

Annex: End User Licence Agreement (EULA) for the Apple App Store

This annex is prescribed in terms of content by Apple’s licensing conditions for app providers and remains essentially unchanged from the previous version. It deliberately stands outside Sections 1–8; the points are numbered a)–i) to avoid confusion with the main sections.

1. Acknowledgement: This End User Licence Agreement (EULA) is concluded exclusively between myStrom and the end user. myStrom is solely responsible for the licensed applications and their content.

2. Scope of the licence: The end user receives a non-transferable licence to use the application on all Apple devices that he owns or controls, within the framework of the Apple Media Services Terms and Conditions.

3. Maintenance and support: myStrom is solely responsible for maintenance and support of the licensed application. Apple is not obliged to provide these.

4. Warranty: myStrom bears sole responsibility for product warranties, insofar as these are not effectively excluded.

5. Product claims: myStrom and the end user are solely responsible for claims in connection with the application, including product liability and violations of applicable law.

6. Intellectual property: In the event of third-party claims for infringement of intellectual property, myStrom and the end user are responsible for defence and settlement.

7. Export control: The end user confirms that he is not located in a country affected by a US embargo and is not on a US sanctions list.

8. Contact: myStrom AG, Hagenholzstrasse 81, 8050 Zurich, Switzerland, info@mystrom.ch.

9. The end user shall comply with applicable third-party contracts when using the application.

Date: August 2026