General Terms and Conditions Norm Technologies AG

6. November 2023

Preamble

Norm Technologies AG, based in Zurich, operates a platform ("Platform") on which users ("Users") can have properties assessed with regard to the quality of the building envelope, overall energy balance and CO₂ emissions, etc., receive information on optimisation measures (installation of solar systems, change of heating system, etc.) and subsidies, and obtain other services.

These General Terms and Conditions ("GTC") govern the use of the Platform and the use of the corresponding Services by Users.

The GTC apply exclusively. Norm Technologies AG does not recognise any terms and conditions of Users that conflict with or deviate from the GTC. This also applies if Norm Technologies AG has not expressly objected to their validity.

1. Platform / Services

Norm Technologies AG provides Users with the functionalities and services offered on the Platform ("Services"). These include in particular:

  • Assessment of properties with regard to the quality of the building envelope, overall energy balance and direct CO₂ emissions of properties and other parameters;
  • Information on optimisation measures (renovation proposals, new installations and structural measures) and federal and cantonal funding measures, including funding application service;
  • Information on financing structural measures in cooperation with financing partners;
  • Information on the implementation of structural measures in cooperation with implementation partners;
  • Other services related to real estate and subsidy measures (creation of floor plans, building modelling, virtual tour, GEAK Plus, etc.).

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

2. Registration and Legitimation

The use of the Services requires registration on the Platform via app or website, www.norm.ch ("Website"). Registration requires the creation of an account and agreement to these GTC. The account is accessed via an account-specific link ("Access Link").

There is no entitlement to access to the Platform. Norm Technologies AG may make the use of the Services dependent on the conclusion of further contractual provisions.

In the case of registration of legal entities or partnerships, registration may only be carried out by one or more natural persons authorised to represent the entity, who must be named.

Following registration, an Access Link is created for each property, via which building and energy data concerning a specific property can be recorded and previously recorded data can be accessed.

Anyone who has the Access Link is deemed to be authorised vis-à-vis Norm Technologies AG and can record building and energy data and access data already recorded. The User is responsible for all actions taken via the Access Link.

3. Rights and Obligations of Users

Users are obliged to provide Norm Technologies AG with all necessary documents and information for the proper provision of the Services.

Norm Technologies AG assumes that the information and documents provided (e.g. building plans) are completely legible and correct. Norm Technologies AG is not obliged to check this information for accuracy, completeness or for any contradictions. If information is incomplete, not legible or incorrect, Norm Technologies AG reserves the right to send the User an offer regarding the additional expenses, which can be accepted or rejected by the User.

Users are obliged to check the work results immediately and to notify Norm Technologies AG in writing of any complaints within 30 days of receipt. If they fail to do so, the order results are deemed to be approved.

Users are responsible for the confidential handling of their access data (in particular e-mail with Access Link) and assume all consequences that may result from their misuse. In particular, they must keep access data secret and carefully protect access to their account with Norm Technologies AG against misuse by third parties. If there is reason to suspect that unauthorised third parties have knowledge of the 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 indemnify Norm Technologies AG against all claims of other Users or third parties that are brought against Norm Technologies AG in connection with the Users' use of the Platform. Users shall immediately notify Norm Technologies AG of any claims of other Users or third parties of which they become aware in connection with their use of the Platform and shall immediately, truthfully and completely provide Norm Technologies AG with all information required for the examination of the claims and a defence.

4. Involvement of Third Parties

Norm Technologies AG is entitled to involve third parties (in particular the User's bank, energy experts, etc.) in the provision of the Platform and Services and to conclude contracts with them.

If such access involves the transmission or disclosure of data (including personal data), the User expressly releases Norm Technologies AG from any obligation of secrecy with regard to such data (including personal data) and authorises Norm Technologies AG to transmit such data (including personal data) to third parties or to procure such data from such third parties in accordance with the law.

5. Fees

Unless otherwise agreed, the fees associated with the Services are governed by the Norm Technologies AG Fee Schedule, available on the Norm Technologies AG Website, which forms an integral part of these GTC.

Any contributions (in particular subsidies for the preparation of energy performance certificates) or other benefits which Norm Technologies AG receives from third parties (e.g. the User's bank) shall be due exclusively to Norm Technologies AG, shall remain with it and any surrender of the same shall be excluded.

6. Liability of Norm Technologies AG, Disclaimer

Norm Technologies AG provides Users with the functionalities of the Platform with due care. However, Users use the Platform and the Services made available via it on their own responsibility and at their own risk.

Norm Technologies AG endeavours to ensure high availability of the Platform and rapid provision of the Services. However, Norm Technologies AG cannot give any assurance or guarantee that access will be uninterrupted or trouble-free or that the Services will be available for a maximum period of time . In particular, the Platform may be temporarily unavailable or only available to a limited extent due to maintenance work or other reasons. Norm Technologies AG excludes any warranty for a permanent, fault-free or error-free operation and corresponding use of the Platform at any time.

Norm Technologies AG does not offer any guarantee for threats to data security, for data loss and/or damage or for the correctness, completeness, up-to-dateness, freedom from errors and commercial quality of the information and data made available on the Platform, including data based thereon or derived therefrom.

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

Norm Technologies AG is not liable for the content made available on the Platform and, to the extent permitted by law, excludes all liability for direct or indirect, consequential or incidental damages arising out of the use of the Platform, regardless of their legal basis. This also includes damages from actions by unauthorised third parties on the Platform, data transmissions within the Platform and to third party recipients, viruses or other harmful programmes, systems, applications or interventions (e.g. hacker attacks, cyber security incidents).

The assessments, in particular the classification into specific energy classes, and the corresponding certificates as well as information on optimisation measures and subsidies are carefully prepared and written by Norm Technologies AG to the best of its knowledge. Although Norm Technologies AG carries out the evaluations carefully, it cannot guarantee the correctness of the certificates, as evaluations have a certain inaccuracy due to the system. For this reason, Users cannot derive any liability or damages from assessments. Similarly, optimisation measures and the subsidies available for them may be incomplete or incorrect. It is the Users' responsibility to check the completeness and correctness of the same. Under no circumstances can Users derive claims against Norm Technologies AG from incomplete or incorrect information on optimisation measures and subsidies.

Norm Technologies AG is not liable for pure financial loss, in particular not for loss of profit. Liability for slight negligence is excluded.

Any further liability for any direct or indirect damage in connection with the provision of the Services, including the use of the Platform, App or Website, is hereby expressly excluded by Norm Technologies AG, irrespective of the underlying legal grounds. This exclusion of liability also applies in full to auxiliary persons and other third parties involved to the extent permitted by law.

7. Intellectual Property Rights

All intellectual property rights remain with Norm Technologies AG. In particular, Norm Technologies AG has and retains all copyrights and exploitation rights to the software developed by it. Any modification, reproduction, publication, disclosure to third parties and/or other exploitation of content, information, trademarks, names, logos, images, designs, texts and other materials published via the Platform is prohibited without the prior written consent of Norm Technologies AG.

All rights to data transmitted to Norm Technologies AG are the exclusive property of Norm Technologies AG. The User warrants that he/she is entitled to transfer the data (including data relating to third parties, such as photos, etc.) to Norm Technologies AG and shall indemnify Norm Technologies AG in this respect.

All rights to the results of the processing of data by Norm Technologies AG are the exclusive property of Norm Technologies AG.

8. Termination of Use

Both parties may terminate the use of the Platform by Users at any time. Termination by Users requires the closure of the account. Until that time, Users are subject to all obligations under these GTC.

9. Data Protection

In the course of providing the Services, Norm Technologies AG processes personal data of the Users as well as personal data of third parties that the Users disclose to Norm Technologies AG. This includes data processing for the fulfilment of our contract with you, but also for legally prescribed purposes, e.g. the fulfilment of legal obligations to provide information and official orders as well as compliance with regulatory requirements. Further data processing carried out by Norm Technologies AG for its own purposes can be found in the current data protection declaration, available on the Norm Technologies AG Website at https://www.norm.ch/de/privacy-policy.

10. Amendment of the GTC

Norm Technologies AG is entitled to amend or supplement these GTCs at any time. Users will be notified of the amended or supplemented GTCs and will be deemed to have accepted them, unless Users object in writing within one month. Users will be expressly informed of this consequence when the amendment or addition to the GTC is announced.

11. Severability Clause

Should any provision of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions of the GTC shall not be affected thereby. In this case, the parties undertake to replace the ineffective provision with a legally effective substitute provision that comes as close as possible to the economic intentions of the GTC.

12. Language

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

13. Applicable law and Jurisdiction

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

The courts of Zurich shall have jurisdiction for all disputes arising out of or in connection with these GTC.