EULA

End‑User License Agreement (EULA) for Flappie Technologies AG

Effective Date: 20.05.2025

The terms of this End-User License Agreement (“EULA” or “Agreement”) govern the legal relationship between You and Flappie Technologies AG, commercial register no. CHE-473.027.787*-*, a stock corporation duly organised under the laws of Switzerland, with its registered seat at Leutschenstrasse 43, 8807 Freienbach, Switzerland, and any of its direct or indirect subsidiaries or affiliates (collectively “Flappie,” “we,” “us,” or “our”).

This Agreement applies to your use of the Flappie mobile application that you download, install or access, together with any and all subsequent updates or upgrades that replace or supplement that application (the “App”), unless a particular update or upgrade is accompanied by a separate licence—in which case the separate licence shall prevail.

The collection, use and disclosure of your information (including any personal data) is governed by the Flappie Privacy & Data-Protection Policy, available online at

https://flappiedoors.com/policies/privacy-policy (“Privacy Policy”).

If you obtain the App from any online marketplace or platform that distributes software for mobile or connected devices—e.g. Apple App Store, Google Play, Amazon Appstore, Huawei AppGallery—or if you access the App via a hosted web version (where offered), you acknowledge that you have reviewed and accepted the terms of service, developer distribution agreements, and/or platform rules applicable to that marketplace or platform (the “Special Terms”).

BY INSTALLING, USING OR OTHERWISE ACCESSING THE APP YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL, USE OR OTHERWISE ACCESS THE APP. In the event of any conflict between the provisions of this EULA and any Special Terms, the terms of this EULA shall prevail to the maximum extent permitted by applicable law.

0. Definitions

“Product” means the physical AI-powered cat flap developed by Flappie Technologies AG, which includes integrated sensors, cameras, and an embedded firmware supporting prey detection.
“Software” refers to all operating systems, applications, firmware, and related code provided as part of the Product, including the Flappie mobile application.
“User” or “You” means the individual or entity that downloads, installs, or otherwise uses the Product and Software.
“License” means the non-exclusive, revocable right granted to You to use the Software under the terms of this EULA.
“Update” means any modifications, enhancements, or patches to the Software delivered through the Product when connected to the Internet.
“Premium Features” refers to enhanced functionalities and additional data-related services (such as increased video access, analytics, or customized behavior) available under separate subscription plans, which are subject to additional terms.

1. LICENSE

1.1 Limited License Grant

Through the purchase, download or use of the App and/or the Flappie Product, You acquire—and Flappie Technologies AG hereby grants—a personal, revocable, limited, non-exclusive, non-sublicensable and non-transferable licence (“Limited Licence”) to:

install and run the Flappie mobile application on your personal smartphone or tablet;
operate the embedded firmware that ships with the physical Flappie cat flap; and
receive and use any updates, upgrades, patches or hot-fixes that Flappie makes available from time to time,

solely for your own, non-commercial household use and strictly in accordance with (i) this EULA, (ii) Flappie’s Terms of Service, and (iii) the official user manuals and in-app instructions.

This licence does not transfer any title or ownership in the App, firmware or any associated intellectual-property rights, and shall not be construed as a sale of any rights in the Software.

Any commercial exploitation of the App, firmware or captured media is permitted only with Flappie’s prior written consent.

By keeping your Product connected you agree that Flappie may automatically download and install firmware/app updates without separate notice.

1.2 Licence Limitations

Any use of the App or firmware that violates the following Licence Limitations is strictly prohibited. Breach may result in immediate suspension or revocation of your Limited Licence and may expose you to civil and/or criminal liability.

Unless you have obtained Flappie’s express prior written authorisation, you agree not to:

Tamper, hack, reverse-engineer, decompile or disassemble the App, firmware or any embedded security mechanism, nor attempt to derive source code except to the extent such restriction is prohibited by mandatory law.
Circumvent usage controls, authentication limits or paywalls (e.g. creating multiple primary accounts or “shadow” accounts to avoid Premium fees).
Modify, translate, adapt, copy, reproduce, distribute, publicly display, publish, rent, lease, lend, sell or create derivative works of the App, firmware or any portion thereof.
Commercially exploit the App, firmware, or recordings generated by the Product, including but not limited to selling access, running paid live streams, or embedding videos in monetised advertising, without Flappie’s written consent.
Provide the App or Product for use by more than the authorised users (default: one primary account + any additional user slots expressly included in your current subscription plan).
Use automation software, scripts, bots or other unauthorised tools that interact with Flappie servers, APIs or databases.
Register domain names, social-media handles or advertising keywords that contain or imitate Flappie trademarks or product names.
Use the App, firmware, trademarks or captured media in conjunction with content that

a. promotes violence, hate, discrimination, illegal activity or sexually explicit material;

b. contains defamatory, untrue or otherwise unlawful statements about Flappie, its employees, pets or users; or

c. is otherwise objectionable, in Flappie’s sole discretion.
Upload, post or share malicious code, viruses or any content that could damage or impair the App, Product or Flappie’s IT infrastructure.
Remove, alter or obscure copyright notices, trademarks, digital-rights-management tags or safety warnings displayed in the App or on the Product.
Operate the App while actively driving or otherwise engaged in activities where smartphone interaction is prohibited or unsafe.
Attempt to gain unauthorised access to any Flappie service, account, network or data, or assist others in doing so.
Export, re-export or transfer the Product, firmware or App in violation of Swiss, EU or US export-control laws.
Use the App or Product for any purpose that violates applicable local, national or international law, regulation or court order, or for any purpose not expressly permitted in this EULA.

Flappie reserves the right, in its sole discretion, to determine what conduct constitutes a violation of these Licence Limitations and to take any action it deems appropriate, including terminating or suspending your account, disabling the Product’s network functionality, or pursuing legal remedies.

1.3 Allowable Uses of the Software

Your use of the App, firmware and any data transmitted through them is strictly limited to the functionality made available by Flappie and to the scope of the Limited Licence granted above. You may not otherwise use, reproduce or exploit the Software or any component thereof except with Flappie’s express prior written permission.

2. ACCESSING AND DOWNLOADING THE APP FROM APP STORES

(Applies only to iOS and Android versions of the Flappie mobile application)

2.1 APPLE APP STORE

The following terms apply to any copy of the Flappie app that is accessed through, or downloaded from, the Apple App Store (“App Store-Sourced App”):

Relationship with Apple.
- This EULA is concluded solely between You and Flappie Technologies AG, not with Apple Inc. (“Apple”).
- Flappie—not Apple—is fully responsible for the App Store-Sourced App and its content.
Scope of Use.
- Your use of the App Store-Sourced App must comply with the “Usage Rules” set out in the Apple App Store Terms of Service.
- You may use the App Store-Sourced App only on Apple-branded devices that run iOS or iPadOS and that You own or control.
Maintenance & Support.
- Apple has no obligation to provide any maintenance or support services for the App Store-Sourced App.
- Flappie is solely responsible for any maintenance, support, and warranty obligations stated in this EULA.
Warranty.
- In the event the App Store-Sourced App fails to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price (if any).
- To the maximum extent permitted by law, Apple will have no further warranty obligation with respect to the App; all other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are Flappie’s sole responsibility.
Product Claims.
- Apple bears no responsibility for addressing any claims by You or a third party relating to the App Store-Sourced App or Your possession and/or use of that App, including but not limited to:
  
  (i) product-liability claims;
  
  (ii) any claim that the App fails to conform to legal or regulatory requirements; or
  
  (iii) claims arising under consumer-protection or similar legislation.
Intellectual-Property Claims.
- If a third party claims that the App Store-Sourced App, or Your possession and use of it, infringes that third party’s intellectual-property rights, Flappie—not Apple—will be solely responsible for the investigation, defence, settlement and discharge of any such claim, to the extent required under this EULA.
Third-Party Beneficiary.
- You and Flappie acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA; upon Your acceptance of this EULA Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary.
Export & Sanctions Compliance.
- By using the App Store-Sourced App You represent and warrant that (i) You are not located in a country subject to a U.S. Government embargo or designated as “terrorist-supporting”; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Terms.
- You must comply with all applicable third-party terms of agreement when using the App Store-Sourced App (e.g., your mobile-network agreement, iCloud terms).

2.2 GOOGLE PLAY STORE

The following terms apply to any copy of the Flappie app that is accessed through, or downloaded from, Google Play (“Google Play-Sourced App”):

Relationship with Google.
- This EULA is concluded solely between You and Flappie Technologies AG, not with Google LLC (“Google”).
- Flappie—not Google—is solely responsible for the Google Play-Sourced App and its content.
Google Play Terms.
- Your use of the Google Play-Sourced App must comply with the then-current Google Play Terms of Service and Google Play Developer Distribution Agreement.
- To the extent this EULA conflicts with Google’s terms, Google’s terms will control only with respect to the Google Play-Sourced App.
No Google Warranty / Support.
- Google provides no warranty and has no obligation to furnish maintenance or support services for the Google Play-Sourced App.
- All maintenance, support, and warranty obligations are Flappie’s responsibility as specified in this EULA.
Risk of Use.
- Your use of Google Play—including any material downloaded through Google Play—is at Your sole risk. You are solely responsible for any loss of data or damage to devices arising from such use.
Product & IP Claims.
- Google bears no responsibility for addressing any claims by You or third parties relating to the Google Play-Sourced App, including product-liability, legal compliance, or intellectual-property claims. Such claims are Flappie’s sole responsibility to the extent required by this EULA.
Export & Sanctions Compliance.
- You agree to abide by all applicable export-control and sanctions laws. You warrant that You are not prohibited from receiving the Google Play-Sourced App under such laws.
Third-Party Terms.
- You must comply with any applicable third-party terms of agreement when using the Google Play-Sourced App (e.g., your wireless-data agreement).

3. USER CONTENT

Notwithstanding anything to the contrary in this EULA, You may create, upload and share “User Content” (as defined below) generated through the Flappie Product or App, provided You comply at all times with the licence limitations in § 1 and the specific rules in § 3.3.

This EULA does not grant You any right to sub-license, rent, lease, transfer or otherwise distribute the App itself. Flappie is not obliged to supply printed documentation, telephone support or future upgrades unless expressly promised elsewhere.

3.1 Submission of User Content

The App and Product may let You create, capture or otherwise generate content—e.g. video or photo “Bundles”, thumbnails, text captions, event logs, comments, graphics, telemetry or other data—(collectively “User Content”), and to share that User Content with Flappie, with other Flappie users via FlappieTV or “Family & Friends” links, or with third-party services such as social-network platforms.

Your responsibilities

Sole responsibility. You alone are responsible for every item of User Content You create, upload, publish, display, link to or otherwise make available (“share”) via the Service. Flappie acts only as a passive conduit for the online distribution of Your User Content.
Prohibited material. You must not share User Content that:
1. could reasonably cause harm, injury, distress, death, disability or property damage to any person or animal;
2. exploits or endangers minors;
3. constitutes, depicts or encourages illegal activity or tortious conduct;
4. is unlawful, defamatory, harassing, hateful, racist, sexist, sexually explicit, invasive of privacy, misleading, or otherwise objectionable;
5. infringes any copyright, patent, trade-mark, trade secret, moral, privacy, publicity or other right of a third party;
6. violates any confidentiality or fiduciary obligation;
7. You know to be false or out-of-date.

If You believe infringing content is stored on a third-party platform (e.g. Facebook, YouTube), please contact that platform directly.

You warrant that You own—or have secured—all rights necessary (including musical-composition and sound-recording rights, if any) to grant the licences set out in § 3.2.

Moderation. Flappie reserves the right (but is not obliged) to review, monitor, remove, block or edit User Content at any time without notice. By entering this EULA You irrevocably consent to such monitoring and acknowledge that You have no expectation of privacy regarding User Content transmitted via the Service.

3.2 Licence Grant for User Content

(a) Internal AI & Service Operation – Mandatory Licence

By creating or uploading User Content, You grant Flappie Technologies AG a world-wide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to collect, store, analyse and use all User Content (including audio-visual recordings, sensor data and metadata) for the purposes of operating the Service, debugging, security, quality assurance and improving existing or future AI / machine-learning models (e.g. prey detection, future Cat-ID). This includes the right to create anonymised or aggregated derivative data sets.

(b) Public Sharing – Optional Licence

If, and only when, You designate specific User Content as “Public” or share it on FlappieTV or external social-media platforms, You additionally grant Flappie a world-wide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to use, reproduce, adapt, translate, distribute, publicly perform, publicly display, monetise (e.g. in ads, promo videos, showcases), create derivative works of and otherwise exploit that Public User Content—including Your display name and, if included, likeness or voice—in any media now known or later developed for the purpose of promoting Flappie, the Product, the App, successor products and related services.

You further grant each end-user of the Service a non-exclusive licence to access and view Your Public User Content through the Service, strictly as enabled by Service functionality and this EULA.

3.3 Specific Rules for User Content

Non-commercial display. You may display User Content for non-commercial purposes (e.g. personal social streams, blogs, hobby websites). Commercial exploitation— including paid exhibitions, pay-walled streams or merchandise—requires Flappie’s prior written consent.
Use of Flappie IP. You may not create new products, apps or services based on Flappie trade marks, logos, firmware, designs or copyrighted assets without Flappie’s prior written consent. You may not modify any Flappie trade marks or present Flappie as the sponsor or creator of Your independent works.
Physical merchandise. Manufacturing or distributing physical goods bearing Flappie trade marks, imagery or other intellectual property is prohibited unless Flappie gives written approval.
Monetisation. Flappie reserves the right to monetise any Public User Content (e.g. via ads). If Flappie declines to monetise, You may request written permission to monetise; if granted, You are solely responsible for ensuring compliance with laws and platform policies.
Revocation. Flappie may determine, in its sole discretion, whether User Content complies with these rules and may revoke the licences in this EULA at any time for any reason.

3.4 Limitation of Liability for User Content

No control / no liability. Flappie assumes no liability for User Content created or shared by You or any third party. You bear sole responsibility for any loss or damage resulting from Your User Content or Your reliance on others’ User Content.
Representations & warranties. In addition to any warranties elsewhere in this EULA, You affirm that:
- You have written consent from every identifiable person (or pet owner, where required) appearing in Your User Content to use that person’s or animal’s likeness as contemplated herein;
- Your User Content, and Flappie’s use thereof under the licences granted, does not infringe any third-party rights, violate any law, or trigger any royalty or guild-fee obligations;
- You understand that other users may encounter User Content that they consider offensive, inaccurate or inappropriate, and You agree that Flappie bears no liability arising from any such exposure.

4. ACCESS

You are solely responsible for providing, at your own expense, the mobile device, Internet connection, and any data or service plan required to download, install, and use the Flappie App and connected services. Flappie does not warrant that the App or cloud features will be available in every geographic location or under every network condition. When you use the App or Product, your wireless or broadband provider may levy data, messaging, roaming, or other access fees. Please check with your carrier or ISP to determine what charges may apply.

ALL COSTS INCURRED TO ACCESS OR USE THE APP OR PRODUCT ARE YOUR RESPONSIBILITY. Your right to use the App also depends on your continued compliance with any third-party terms that govern your device, operating system, and network service.

5. TERM AND TERMINATION

5.1 Commencement & Duration

This EULA becomes effective on the date you first download, install, activate, or otherwise use the App or embedded firmware (collectively, “Software”). The EULA remains in force until the earlier of:

your permanent deletion / un-installation of the App and destruction of all copies;
your transfer or disposal of the Product; or
termination by Flappie Technologies AG (“Flappie”) under § 5.2.

5.2 Termination by Flappie

Flappie may, at its sole discretion and without prior notice, suspend or terminate this EULA (and your License) if:

you breach any provision of this EULA, the ToS, or the Privacy Policy;
you misuse the Product or Software in a manner that (i) violates law, (ii) risks harm to animals, people, or property, or (iii) threatens the security / integrity of Flappie’s systems or intellectual property;
a platform provider (Apple / Google) disables or removes the App on grounds that you have violated its store policies; or
Flappie elects to discontinue the App or Product line in whole or substantial part (with at least 30 days’ prior written notice, where feasible).

5.3 Effects of Termination

Upon any termination:

All rights granted to you under this EULA immediately cease.
You must stop all use of the Software, remove it from your devices, and destroy or irreversibly erase any copies in your possession or control.
Sections that by their nature survive (including but not limited to §§ 3 (User Content), 5.3 (Effects of Termination), 6 (Reservation of Rights), 7 (Warranties & Disclaimers), 8 (Limitation of Liability), 9 (Governing Law), and 11 (Data Usage & Privacy)) shall remain in full force.
Termination is without prejudice to any other rights or remedies that Flappie may have at law or in equity.

Flappie shall have no liability for any compensation, reimbursement, or damages arising from the termination of this EULA, except as expressly required by mandatory consumer-protection law.

6. RESERVATION OF RIGHTS

You are granted only the limited, revocable, non-exclusive, non-transferable License expressly set out in this EULA. No ownership interest in the Software, the Product, or any associated data, AI model, or documentation passes to you.

Flappie retains all worldwide rights, title, and interest—including all intellectual-property and proprietary rights—in and to:

the Software (mobile app, firmware, cloud components, and future updates);
the Product’s industrial design, schematics, and hardware layouts;
the Flappie name, logos, domain names, and trade dress;
any data sets, machine-learning models, or derived analytics created or used by Flappie; and
all related artwork, audiovisual elements, texts, and marketing assets.

This License does not grant any rights with respect to:

patents (utility, design, or plant);
Flappie trademarks or service marks beyond fair, factual use;
source code, algorithms, or model weights;
third-party components bundled with or accessed through the Software (which remain the property of their respective owners and are licensed only as permitted by those owners).

“Intellectual Property Rights” means all present and future rights under patent, copyright, trade secret, database, semiconductor-topography, trademark, service mark, trade-dress, publicity, moral-rights, and unfair-competition laws—including all applications, continuations, renewals, extensions, and restorations thereof—anywhere in the world.

Except for the limited License expressly provided, no implied license, estoppel, or other right is created. Any use of Flappie intellectual property outside the scope of this EULA requires Flappie’s prior written consent.

7. FLAPPIE PREMIUM SUBSCRIPTION TERMS AND CONDITIONS

(This Section applies only if—and when—you decide to purchase or activate a paid “Flappie Premium” subscription. Until the commercial launch of Flappie Premium, the clauses below serve as advance notice of the contractual framework.)

7.1 Scope of the Premium Subscription

Flappie Premium (“Premium Subscription”) is a purely digital add-on service that unlocks additional features for your Flappie cat flap and the Flappie mobile App. Typical Premium features may include, for example:

extended cloud storage and higher-resolution video exports;
advanced AI options (e.g. future Cat-ID, behaviour analytics, “Ignore species” or “Night-vision assist”);
additional guest or family accounts;
custom scheduling, API/web-hook access, or Home-Automation integrations;
early access to experimental firmware.

The exact feature set, price, and subscription term will be displayed in the “Subscriptions” section of the App or on flappiedoors.com at the moment you place an order. If a feature is not listed for your territory at checkout, it is not included in your offer.

7.2 Pre-Launch Sign-Up / Wait-list

Before commercial launch, Flappie may offer a non-binding wait-list or “early-bird opt-in”.

No fees are charged until Premium actually becomes available for your account.
You may withdraw from the wait-list at any time inside the App (Settings → Subscription) or by e-mailing support@flappie.ch.

7.3 Free Trial

If a Free Trial is offered in your country, the trial length, conversion price, and renewal period will be shown during sign-up. By starting a trial you:

agree that the Premium features are delivered immediately; and
authorise Flappie to begin billing the disclosed subscription fee automatically at the end of the trial, unless you cancel beforehand (App → Settings → Subscription → Cancel).

7.4 Service Limitations and Modifications

We endeavour to keep Premium operational, but temporary interruptions (maintenance, network outages, legal compliance) may occur. Flappie may:

add, modify, or discontinue Premium features;
change fees or billing periods; or
migrate you to an equivalent plan.

Notice of Change. We will notify you in writing (e-mail or in-app) at least 10 days before material changes or price increases take effect. You may reject the change within that period; continued use after the effective date constitutes acceptance.

7.5 Fees & Payment

Premium fees are pre-paid for the selected billing cycle (“Pre-Paid Period”).
Charges are processed via the payment method stored in your App-store account (Apple / Google) or the card you register on flappiedoors.com.
If a payment method fails, you must update it within seven (7) days or Flappie may suspend Premium access.

7.6 Cancellation by You & Refunds

App-Store purchases must be cancelled through Apple App Store / Google Play > Subscriptions.
Direct purchases may be cancelled in the App (Settings → Subscription) or by e-mailing support@flappie.ch.

Your cancellation stops the next renewal; no pro-rated refunds are given for partially-used periods unless (i) required by mandatory law or (ii) expressly promised in the local offer page.

7.7 Withdrawal Right for EEA Consumers

If you buy Premium directly from Flappie and you are an EEA consumer, you have a 14-day statutory withdrawal right. You expressly request immediate service activation and acknowledge that the right to withdraw lapses once the full service is provided during the withdrawal period.

To exercise the right, send an unequivocal statement (e-mail or letter) to support@flappie.ch within 14 days of purchase.

7.8 Non-Transfer & Non-Resale

Premium Subscriptions, promo codes, and Free Trials are personal, non-transferable, and may not be resold, rented, or shared for commercial purposes.

7.9 Age Requirement

Premium is available only to individuals 18 years or older (or the age of majority in your jurisdiction).

7.10 Termination by Flappie

Flappie may terminate Premium on 14 days’ written notice for convenience (unused Pre-Paid time will be refunded pro-rata) or immediately if you (i) materially breach the EULA/ToS, (ii) misuse the service fraudulently, or (iii) fail to pay. No refund is due for terminations under items (i)–(iii).

7.11 Liability

Our liability for Premium follows Section 8 (Limitation of Liability) of the main EULA/ToS. Flappie is not liable for outages caused by your Internet provider, App-store platform, or other force-majeure events.

7.12 Legal Guarantee (EEA)

If you are an EEA consumer, the digital-content guarantee of Directive (EU) 2019/770 applies. Lack-of-conformity claims can be raised throughout the subscription period.

8. THIRD-PARTY TECHNOLOGY, CONTENT & OPEN-SOURCE NOTICES

8.1 Commercial and Open-Source Components

The Flappie App, firmware and back-end services (“Software”) incorporate:

Category (non-exhaustive)	Typical role	Region(s)	Safeguard(s)
Cloud infrastructure / object storage	Hosting of video, images, telemetry, backups	EEA / CH data centres	DPA + ISO 27001 provider
Managed databases	Primary relational & time-series data	EEA / CH	Encryption at rest, DPA
Transactional e-mail & push gateways	Account verification, alerts, password reset, push notifications	EEA / US	Standard Contractual Clauses (“SCC”) plus EU addendum
Crash & usage analytics	Error logging, feature usage statistics	EEA / US	IP-anonymisation, SCC
Ad/retargeting networks	Optional marketing pixels (enabled only with consent)	EEA / US	Consent banner, SCC
ML compute & dataset tooling	Model training / continuous learning	EEA / CH	DPA

We purposefully list only functional groups, not brand names, to protect business confidentiality. A full, up-to-date sub-processor register (including legal entities, countries and transfer safeguards) is available to customers and data-protection authorities on request by e-mailing privacy@flappie.ch.

8.2 Open-Source Software (“OSS”)

The Software contains OSS released under OSI-approved licences (e.g. MIT, Apache-2.0, BSD-3-Clause).

To the extent an OSS licence requires:

provision of source or object code;
attribution or licence text; or
permission to reverse-engineer solely to debug your modifications,

those obligations override any conflicting restrictions in this EULA for that particular component only.

Source-code copies and licence texts will be:

bundled in the firmware image, or
downloadable from *https://flappiedoors.com/oss-disclosure*.

8.3 Third-Party Content (Media, Sounds, Icons)

Certain bird-call audio samples, icon sets and font files shipped with the App are supplied under Creative Commons or similar licences that allow commercial redistribution with attribution.

Full attribution tables are displayed inside the App → Settings › Legal › Credits and on the website page above.

8.4 External Links & Services

The App may display links or integrations to third-party sites (e.g., social-media share sheets).

Flappie does not endorse and is not responsible for:

the accuracy or legality of third-party content, nor
any loss arising from your use of such sites or services.

Your interaction with those parties is governed solely by their terms and privacy notices.

8.5 Change Procedure

We may add, replace or retire third-party vendors over time (for example, to improve performance or comply with law). Material changes that expand the categories above or move data outside the EEA/CH will be announced at least 30 days in advance via e-mail or in-app notice, giving you the right to object or exercise termination rights under § 5.

9. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT, APP AND ALL RELATED SERVICES (“SOFTWARE”) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS.

FLAPPIE TECHNOLOGIES AG, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS (COLLECTIVELY “FLAPPIE” FOR THIS SECTION 9 AND SECTION 10) HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS;
UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE OPERATION;
COMPATIBILITY OR INTEROPERABILITY WITH HARDWARE, SOFTWARE OR NETWORKS NOT SUPPLIED BY FLAPPIE;
AVAILABILITY OF REINSTALLS ON THE SAME OR ADDITIONAL DEVICES.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLAPPIE OR ITS AUTHORISED REPRESENTATIVES CREATES A WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS; IF SO, THOSE LIMITATIONS APPLY ONLY TO THE EXTENT REQUIRED BY LAW.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, FLAPPIE SHALL NOT BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES;
LOSS OF DATA, PROFITS, REVENUE, GOODWILL OR BUSINESS INTERRUPTION;
COST OF SUBSTITUTE GOODS OR SERVICES;
PROPERTY DAMAGE OR PERSONAL INJURY (EXCEPT WHERE CAUSED BY FLAPPIE’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT).

WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE—EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES—FLAPPIE’S AGGREGATE LIABILITY SHALL NOT EXCEED (A) THE PRICE YOU PAID FOR THE PRODUCT OR RELEVANT SUBSCRIPTION DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) CHF 100 IF NO PURCHASE PRICE WAS PAID.

NOTHING IN THIS EULA EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED BY LAW (E.G., LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT).

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Flappie, its directors, employees and contractors from any claim, loss, damage, liability, costs or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use or misuse of the Software or Product;
Your breach of this EULA;
Your violation of third-party rights, including intellectual-property or privacy rights.

Flappie reserves the right, at its own expense, to assume exclusive defence and control of any matter subject to indemnification; you will cooperate fully in asserting any available defences.

12. INJUNCTIVE RELIEF

You acknowledge that any breach of this EULA may cause Flappie irreparable harm that cannot be adequately remedied by money damages. Flappie is therefore entitled to seek injunctive or equitable relief without the necessity of posting bond or proving actual damages, in addition to any other remedies available at law.

13. GOVERNING LAW & VENUE

This EULA, and any non-contractual obligations arising from it, are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

Mandatory consumer-protection laws of your habitual residence remain unaffected (e.g., Art. 6 Rome I).

Primary venue: The ordinary courts of the Canton of Zürich (seat: Zürich, Switzerland) shall have exclusive jurisdiction, unless Section 14 (Arbitration) applies or mandatory law prescribes otherwise.

14. ARBITRATION

Flappie strives to resolve disputes amicably. If negotiations fail, any claim, dispute or controversy arising out of, or in connection with, this EULA or the use of the Product / App shall be finally settled by binding arbitration as follows:

Item	Agreed rule
Institution & Rules	Swiss Arbitration Centre (SAC); Swiss Rules of International Arbitration (in force on the date the Notice of Arbitration is submitted).
Seat / Place of Arbitration	Zürich, Switzerland
Number of Arbitrators	One (1)
Language of Proceedings	English
Governing Law	Substantive Swiss law (cf. § 13), excluding its conflict-of-law rules

Class-action waiver. The parties waive any right to conduct or participate in class, collective or representative proceedings. The arbitrator may award individual relief only.

The arbitral award shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.

15. FINAL PROVISIONS

15.1 Eligibility – You represent that you (a) are at least 18 years old (or the age of majority in your jurisdiction) or have parent/guardian consent, and (b) have legal capacity to enter this EULA.

15.2 Severability & Survival – If any provision is held invalid, the remainder will remain in force, and the invalid term shall be replaced by one that most closely reflects the parties’ original intent. Sections 9-15, and any provisions that by their nature must survive, shall survive termination.

15.3 Entire Agreement & Amendments – This EULA (plus any express written amendments) constitutes the entire agreement between you and Flappie regarding the Software. No oral statements create any warranty or obligation. Flappie may update this EULA; material changes will be notified 30 days in advance via e-mail or in-app notice. Continued use after the effective date constitutes acceptance.

15.4 Language – This EULA was drafted in English. Translations are for convenience only; in case of conflict, the English version prevails unless prohibited by local law.

15.5 Export Compliance – You agree to comply with all applicable export-control and sanctions regulations (CH, EU, US). You confirm you are not on any restricted-party list and will not export, re-export or transfer the Product or Software to prohibited destinations or users.

15.6 Changes to the Software – Flappie may modify, suspend or discontinue features (including Premium features) with reasonable notice where feasible.

15.7 Contact Information

Flappie Technologies AG

Leutschenstrasse 43, 8807 Freienbach, Switzerland

Web: https://flappiedoors.com E-mail: support@flappie.ch

15.8 Transfer of Title (Digital Goods) – Where permitted by law, title for digital downloads is deemed to transfer at Flappie’s registered address in Switzerland.