General Terms and Conditions of Norm Technologies AG

As of January 15, 2024

Preamble

Norm Technologies AG, with registered office in Zurich, operates a platform on which users ("Users") can have properties assessed in terms of quality of the building envelope, total energy efficiency and CO₂ emissions, etc. and on which information on optimization measures (installation of a solar system, new heating system, etc.) and subsidies can be obtained.

These General Terms and Conditions ("GTC") govern the use of the Norm Technologies AG platform ("Platform") and use of the corresponding services by the Users.

The GTC apply exclusively. Norm Technologies AG does not accept any terms of Users that are contrary to or differ from the GTC. This applies even in the event that Norm Technologies AG does not expressly object to their validity. ## 1. Platform/Services Norm Technologies AG provides Users with the functionalities and services ("Services") offered on the Platform. These include, in particular:

assessment of properties in terms of the quality of their building envelope, total energy efficiency and direct CO₂ emissions, as well as other parameters.
Information on optimization measures (renovation proposals, new installations and structural measures) as well as federal and cantonal subsidy measures, including subsidy application services.
Information on the financing of structural measures in cooperation with financing partners.
Information on the implementation of structural measures in cooperation with implementation partners.
Other services in connection with properties and subsidy measures (creation of building plans, building models, virtual tours, GEAK Plus, etc.).

Norm Technologies AG reserves the right to adapt, expand or suspend the Services at any time.

2. Registration and authentication

As a rule, use of the Services requires registration on the Platform by way of the app or website www.norm.ch ("Website"). The registration requires the creation of an account as well as acceptance of these GTC. The account is accessed through an account-specific link ("Access link").

There is no right of access to the Platform. Norm Technologies AG may make use of the Services conditional upon the conclusion of additional contractual provisions.

In the case of the registration of legal entities or partnerships, the registration may only be effected by an individual who is authorized to represent the User and must be named.

Any person who accesses the account using the Access link will be deemed by Norm Technologies AG as authorized and may record building and energy data in the corresponding account and access data that has already been recorded.

3. Rights and obligations of Users

Users are required to provide Norm Technologies AG with all documents and information necessary to properly provide the Services.

Norm Technologies AG assumes that the information and documents (e.g. building plans) are completely and clearly legible and accurate. Norm Technologies AG is not obligated to review this information for accuracy, completeness or any contradictions. If information is incomplete, not clearly legible or inaccurate, Norm Technologies AG reserves the right to send the User a quote regarding the additional expenses, which may be accepted or rejected by the User.

Users are required to immediately review the work results and to notify Norm Technologies AG of any objections in writing within 30 days of receipt of the work results. If they fail to do so, the work results shall be deemed to be approved.

Users are responsible for the confidential handling their access information (in particular e-mails containing an Access link) and shall assume all consequences that may arise as a result of their misuse. In particular, they must keep the access data secret and carefully protect access to their account with Norm Technologies AG against misuse by third parties. If there is any reason to suspect that unauthorized third parties have knowledge of access data, Norm Technologies AG must be notified immediately by e-mail. Norm Technologies AG is entitled to block access at any time.

Users shall hold Norm Technologies AG harmless against any and all claims raised against Norm Technologies AG by other users or third parties in connection with use of the Platform by the Users. Users are required to immediately notify Norm Technologies AG of any claims raised by third parties against Norm Technologies AG of which they become aware in connection with their use of the Platform and to provide Norm Technologies AG immediately, truthfully and completely with all information required to review the claims and defend them.

4. Involvement of third parties

As part of providing the Platform and the Services, Norm Technologies AG is authorized to involve third parties (in particular the bank of the User, energy experts, etc.) and to enter into agreements with them.

Insofar as such involvement entails the transmission or disclosure of data (including personal data), the User expressly releases Norm Technologies AG from any duty of confidentiality in relation to such data (including personal data) and authorizes Norm Technologies AG to transmit this data (including personal data) to third parties or to lawfully obtain such data from them.

5. Fees

The fees for AXA customers associated with the Services are based on the quote contained in the building check calculator or in special cases, in accordance with the fees contained in the quote received by e-mail.

Any fees, contributions (in particular subsidies for the provision of energy certificates) or other payments received by Norm Technologies AG from third parties (e.g. bank of the User) shall remain the exclusive property of Norm Technologies AG, be retained by it and not be released.

6. Liability of Norm Technologies AG, risk notice

Norm Technologies AG makes the functionalities of the Platform available to Users using due care and diligence. However, Users use the Platform and the Services provided on it at their own risk and responsibility.

Norm Technologies AG endeavors to ensure high availability of the Platform and the rapid provision of the Services. However, Norm Technologies AG cannot provide any guarantee or assurance for uninterrupted and trouble-free access and any maximum duration for the provision of the Services. In particular, the Platform may sometimes be unavailable or available only on a limited basis due to maintenance work or other reasons. Norm Technologies AG excludes any warranty for continuous, uninterrupted or error-free operation and use of the Platform at all times.

Norm Technologies AG undertakes to observe and comply with the legal requirements with regard to data security. In particular, it will ensure that technical and organizational measures are taken to guarantee data security that is appropriate to the data processing and is in accordance with the provisions set out in Art. 8 of the Data Protection Act and Art. 1 of the Ordinance to the Data Protection Act. Norm Technologies AG does not offer any warranty that the information and data provided on the Platform, including any data based thereon or derived therefrom, is accurate, complete, up to date, error-free and of a commercial quality.

Furthermore, Norm Technologies AG reserves the right to restrict or block use of the Platform in whole or in part at any time at its own discretion for security reasons for example, or for maintenance work, troubleshooting or fault rectification, in the event of suspected use of the Platform in breach of contract or usage or other dangers.

Norm Technologies AG accepts no liability for the content provided on the Platform and to the extent permitted by law, excludes any and all liability for direct or indirect and consequential damage arising from use of the Platform, regardless of the legal basis therefor. This also includes damage resulting from actions by unauthorized third parties on the Platform, data transmissions within the Platform and to third-party recipients, resulting from viruses or other malware, systems, applications or attacks (e.g. hacker attacks, cyber security incidents).

The assessments, in particular the allocation to specific energy classes and the corresponding certificates, as well as information on optimization measures and subsidies, will be carefully compiled and drafted by Norm Technologies AG to the best of its knowledge. Although Norm Technologies AG carries out the assessments carefully, it cannot guarantee the accuracy of the certificates as the assessments are subject to a certain degree of inaccuracy due to the system. For this reason, Users cannot derive any liability or compensation for damages from assessments. Likewise, optimization measures and the subsidies available for them may be incomplete or inaccurate. The Users shall be responsible for reviewing them for accuracy and completeness. Users may not under any circumstances derive claims against Norm Technologies AG due to inaccurate or incomplete information on optimization measures and subsidies.

Norm Technologies AG accepts no liability for any pure financial loss, and no liability for loss of profit in particular. Liability for simple negligence is excluded.

Any further liability for any direct or indirect loss in connection with the provision of the Services, including use of the Platform, App or Website is herewith expressly excluded by Norm Technologies AG irrespective of the legal basis on which it is based. To the extent permitted by law, this exclusion of liability also applies in full to auxiliaries and other third parties involved.

7. Intellectual property rights

All intellectual property rights shall remain the property of Norm Technologies AG. In particular, Norm Technologies AG possesses and shall retain all copyrights and rights of use to the software developed by it. Any modification, duplication, publication, disclosure to third parties and/or any other form of utilization of the contents, information, brands, names, logos, images, designs, texts and other material published on the Platform is prohibited without the prior written consent of Norm Technologies AG.

Norm Technologies AG is exclusively entitled to all rights to the results derived from the processing of data by Norm Technologies AG.

8. Rights to data

Norm Technologies AG is entitled to all rights to data transmitted to Norm Technologies AG (information entered in the form and uploaded, such as building data or photos) for the purpose of providing its Services and improving its own models, provided that there are no mandatory provisions to the contrary.

Norm Technologies AG is exclusively entitled to the results derived from the processing of this data by Norm Technologies AG.

9. Termination of use

Both parties may terminate use of the Platform by Users at any time. Termination by Users requires that the account be closed. Up until such time, Users are subject to all obligations pursuant to these GTC.

10. Data protection and data transmission to AXA

As part of providing the Services, Norm Technologies AG processes the personal data of Users as well as personal data of third parties disclosed to Norm Technologies AG by the Users. This includes data processing for the purpose of fulfilling our contract with you, but also for purposes prescribed by law, e.g. to satisfy legal duties of disclosure and official orders as well as to comply with regulatory requirements. Other data processing carried out by Norm Technologies AG for its own purposes can be found in the current privacy policy, available on the website of Norm Technologies AG at https://www.norm.ch/en/privacy-policy.

If the Service is purchased through AXA, the User acknowledges and accepts that each month, Norm Technologies AG transmits the data collected to AXA. AXA uses the data for the purpose of marketing, planning and statistics.

11. Amendments to the GTC

Norm Technologies AG is entitled to amend or add to these GTC at any time. Users are provided with notice of the amendment or addition to the GTC, which shall be deemed accepted unless the User objects in writing within a period of one month. Users are expressly informed of this consequence when notice of the amendment or addition to the GTC is provided.

12. Severability clause

In the event that any provision of these GTC is invalid or unenforceable in whole or in part, this shall not affect the validity of the other provisions of the GTC. In such a case, the parties undertake to replace the invalid provision with a legally valid replacement provision that comes as close as possible to the economic intent of the GTC.

13. Language

In the event of discrepancies between any language versions, the German version shall take precedence.

14. Applicable law and place of jurisdiction, place of performance

Swiss substantive law shall apply to any disputes arising out of or in connection with these GTC to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention) and to the exclusion of the provisions of international private law.

The courts of Zurich have jurisdiction over any disputes arising out of or in connection with these GTC.