End-User License Agreement (EULA)

This End-User License Agreement ("EULA") is a binding agreement between you and Flappie Technologies AG, CHE-473.027.787, a stock corporation under Swiss law with its registered office at Leutschenstrasse 43, 8807 Freienbach, Switzerland ("Flappie", "we", "us").

This EULA governs your use of the Flappie mobile application and the embedded firmware on the Flappie product (collectively, the "Software"). It covers the software license, usage restrictions, app store terms, open-source notices, and software-specific warranties. It does not supersede the Flappie Terms of Service ("ToS"), which govern user content, AI training, FlappieTV, data processing, account management, and the purchase and delivery of the product.

If this EULA and the ToS address the same subject matter and conflict, the ToS shall prevail. To the extent that this EULA governs software-specific aspects not covered in the ToS, this EULA shall prevail.

The collection, use, and disclosure of your personal data are governed by the Flappie Privacy Policy ("Privacy Policy"), available at https://flappiedoors.com/policies/privacy-policy. References to data protection regulations in this EULA include the EU General Data Protection Regulation (GDPR), the UK General Data Protection Regulation and the Data Protection Act 2018 ("UK GDPR"), the Swiss Federal Act on Data Protection (revDSG/nDSG), and their respective implementing provisions.

1. Definitions

"App" refers to the Flappie mobile application, including all updates, upgrades, or patches that replace or supplement it (unless accompanied by a separate license).

"Firmware" refers to the embedded operating system and software installed on the Flappie product.

"Product" refers to the physical, AI-powered cat flap developed by Flappie, including integrated sensors, camera, and embedded computing module.

"Premium Features" refers to advanced features available through separate paid subscriptions and subject to the provisions in Section 7.

"Software" refers to the App, the Firmware, and all associated cloud components that Flappie provides as part of the Service.

"User" or "You" refers to the natural person who downloads, installs, or uses the Software.

Terms defined in the ToS (including FlappieTV, Cat Profile Data, Detection Event Data, Media Data, Service) have the same meaning in this EULA.

2. Software License

2.1 Limited License Grant

By purchasing, downloading, or using the Software, Flappie grants you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license ("Limited License") to:

• install and operate the App on your personal smartphone or tablet;
• operate the Firmware supplied with the Flappie product; and
• receive and apply updates, upgrades, patches, or hot-fixes that Flappie provides from time to time,

solely for your own non-commercial household use and in strict accordance with (i) this EULA, (ii) the ToS, and (iii) the official user manuals and in-app instructions.

This license does not transfer ownership of the Software or related intellectual property rights and does not constitute a sale. Commercial use of the Software or content recorded by the product requires Flappie's prior written consent.

2.2 Automatic Updates

By keeping your product connected to the internet, you agree that Flappie may automatically download and install firmware and app updates. If an update significantly changes the product's functions, Flappie will inform you with reasonable advance notice via email or in-app notification. You can disable automatic updates in the App settings; however, this may impair the product's performance and security, and Flappie is not liable for problems arising from the use of outdated software.

2.3 License Restrictions

Any use of the Software that violates the following restrictions is strictly prohibited. Violations may result in immediate suspension or revocation of your Limited License and may lead to civil or criminal penalties. Without express prior written permission from Flappie, you agree not to:

• reverse engineer, decompile, disassemble, or otherwise derive the source code of the Software, except to the extent such restriction is prohibited by mandatory law (e.g., EU Directive 2009/24/EC, Art. 6);
• circumvent usage locks, authentication mechanisms, or paywalls;
• modify, copy, reproduce, distribute, make publicly available, rent, lease, sell, or create derivative works of the Software;
• commercially exploit the Software or recordings generated by the product without Flappie's written consent (including paid live streams or monetized advertising);
• use automation software, scripts, bots, or other unauthorized tools that interact with Flappie's servers, APIs, or databases;
• register domain names, social media handles, or advertising keywords that contain or imitate Flappie's trademarks;
• upload, post, or share malicious code that could damage the Software or Flappie's infrastructure;
• remove, alter, or obscure copyright notices, trademarks, or security warnings in the Software or on the product;
• attempt unauthorized access to Flappie's services, accounts, networks, or data;
• export, re-export, or transfer the product or Software in violation of Swiss, EU, or US export control regulations; or
• use the Software for purposes that violate applicable law or are not expressly permitted in this EULA or the ToS.

Flappie reserves the right to determine what constitutes a violation and to take appropriate action, including suspending or terminating your account and disabling the network functions of the product.

3. App Store Terms

If you obtain the App through a third-party platform (e.g., Apple App Store, Google Play), you confirm that you have reviewed and accepted their terms of use. In the event of a conflict between this EULA and such platform terms, this EULA shall prevail to the extent permitted by law.

3.1 Apple App Store

For any App obtained through the Apple App Store, the following also applies:

• This EULA is concluded between you and Flappie, not with Apple Inc. ("Apple"). Flappie is solely responsible for the App and its content.
• Your use must comply with Apple's Usage Rules. The App may only be used on Apple devices running iOS or iPadOS that you own or control.
• Apple is not obliged to provide maintenance or support services. Flappie is solely responsible for maintenance, support, and warranty.
• Should the App fail to conform to any applicable warranty, you may notify Apple and, if applicable, request a refund of the purchase price (if any). Beyond that, Apple has no warranty obligation.
• Apple is not responsible for product liability claims, regulatory compliance claims, or intellectual property rights claims. These are the sole responsibility of Flappie.
• Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.
• You represent that you are not located in a country subject to a US embargo or on a US sanctions list.

3.2 Google Play

For any App obtained through Google Play, the following also applies:

• This EULA is concluded between you and Flappie, not with Google LLC ("Google"). Flappie is solely responsible for the App and its content.
• Your use must comply with the Google Play Terms of Service. In case of conflicts between this EULA and Google's terms, the latter shall apply exclusively with regard to distribution via Google Play.
• Google provides no warranty and is not obligated to provide maintenance or support. These obligations lie solely with Flappie.
• Use of Google Play is at your own risk. Google bears no responsibility for product liability, compliance, or intellectual property rights claims.
• You agree to comply with all applicable export control and sanctions regulations.

4. User Content, AI Training & Data Protection

User content, FlappieTV, AI model training, data processing, and your associated rights (including the right to object to AI training and the right to erasure) are detailed in Part B of the ToS and in the Privacy Policy. This EULA does not grant Flappie any additional license to your content beyond what is stipulated in those documents.

In particular:

• AI training is based on legitimate interest (Art. 6 para. 1 lit. f GDPR / Art. 31 revDSG). You can object to this at any time via the App settings. The consequences of an objection, including technical limitations regarding data already incorporated into training datasets and model parameters, are described in the Privacy Policy and the ToS.
• Sharing content on FlappieTV is governed by the ToS. By sharing content on FlappieTV, you agree to its display in the community (revocable by removal) and grant Flappie a perpetual, irrevocable marketing license as per ToS B 4(b). This marketing license is a contractual intellectual property right that outlasts content removal and account deletion. Details can be found in the ToS.
• The Flappie product is designed for pet observation. The camera may unintentionally record individuals due to false detections. You are responsible for reviewing content before sharing and for respecting the privacy and personal rights of recorded individuals, as further detailed in the ToS.
• If you use the product without connecting it to the App or Flappie's cloud services, no personal data will be transmitted to Flappie; the data protection provisions of the ToS and the Privacy Policy do not apply in this case.
• To the extent that you are considered a data controller under applicable data protection law (e.g., for non-household use with cloud storage), Flappie's Data Processing Agreement (DPA) governs Flappie's obligations as a data processor. A copy of the DPA is available upon request at privacy@flappie.ch.

You can object to AI training at any time via the App settings. Details on the objection mechanism, including the distinction between restriction and erasure, can be found in our Privacy Policy.

5. Premium Subscription

(This section applies exclusively if and when you purchase or activate a paid "Flappie Premium" subscription. Until commercial launch, the following clauses serve as preliminary information about the contractual framework.)

5.1 Scope of Services

Flappie Premium is a digital add-on service that unlocks additional features for the product and the App. Typical features may include extended cloud storage, advanced AI options (e.g., Cat ID, behavior analysis), additional family accounts, custom schedules, API access, and early access to experimental firmware. The exact scope of features, price, and billing period will be displayed at the time of purchase in the App or on flappiedoors.com.

5.2 Free Trial & Pre-Launch

Flappie may offer a non-binding waiting list or a free trial period. No fees will be charged until Premium becomes available for your account. By starting a trial, you agree that Premium features will be provided immediately and authorize Flappie to begin billing at the disclosed rate after the trial period ends, unless you cancel beforehand (App → Settings → Subscription → Cancel).

5.3 Fees & Payment

Premium fees are paid in advance for the selected billing period. Billing will occur via your App Store account (Apple/Google) or the payment method stored on flappiedoors.com. If a payment fails, you must update your payment method within seven (7) days, otherwise Flappie may suspend Premium access.

5.4 Cancellation & Refunds

• App Store Purchases: Cancel via Apple App Store / Google Play → Subscriptions.
• Direct Purchases: Cancel in the App (Settings → Subscription) or by email to support@flappie.ch.
• Cancellation prevents the next renewal. No pro-rata refund will be issued for partially used periods, unless required by mandatory law or explicitly guaranteed in the respective offer.

5.5 Right of Withdrawal in the EEA

If you purchase Premium directly from Flappie and you are a consumer in the EEA or Switzerland, you have a statutory right of withdrawal of 14 days. You expressly request the immediate activation of the service and acknowledge that the right of withdrawal expires as soon as the service has been fully performed during the withdrawal period. To exercise this right, please send a clear statement to support@flappie.ch within 14 days of purchase.

5.6 Changes & Termination

Flappie may add, modify, or discontinue Premium features, as well as adjust fees or billing periods. Material changes or price increases will be announced at least fourteen (14) days before taking effect. You may object to the change within this period; continued use after the effective date will be deemed acceptance. Flappie may terminate Premium ordinarily with 14 days' notice (unused, prepaid periods will be refunded pro-rata) or extraordinarily with immediate effect in case of a material breach of contract, fraud, or payment default (no refund).

5.7 General Premium Terms

Premium subscriptions are personal, non-transferable, and may not be resold. Premium is only available to persons aged 16 or older (or the age of majority in your jurisdiction, if parental or guardian consent is required). Liability for Premium is governed by Section 9 of this EULA.

6. Third-Party Technology & Open Source

6.1 Third-Party Components

The Software integrates third-party components for the following functional purposes:

A complete, up-to-date list of sub-processors (including company names, countries, and transfer safeguards) is maintained in Annex 3 of the DPA and is available upon request by email to privacy@flappie.ch. Transfer safeguards for US sub-processors are provided via the EU-US and Switzerland-US Data Privacy Framework (DPF); for sub-processors in countries without an adequacy decision, Standard Contractual Clauses (SCCs) apply.

6.2 Open Source Software

The Software contains Open Source Software (OSS) released under OSI-approved licenses (e.g., MIT, Apache-2.0, BSD-3-Clause). To the extent that an OSS license requires the provision of source code, attribution, or the right to reverse engineer for debugging purposes, these obligations take precedence over any conflicting restrictions in this EULA for the respective component.

Source code copies and license texts are bundled in the firmware image and available at https://flappiedoors.com/oss-disclosure.

6.3 Third-Party Content & External Links

Certain media content (e.g., bird sounds, icons, fonts) is provided under Creative Commons or similar licenses. Full attribution is available in the App (Settings → Legal → Credits). The App may display references or integrations to third-party websites. Flappie does not endorse this content and assumes no responsibility for third-party content or any damages arising from its use.

6.4 Changes to Third-Party Components

Flappie may add, replace, or remove third-party providers over time. Significant changes that expand the above categories or transfer data to countries outside the EEA/Switzerland that do not have an adequacy decision or DPF certification will be announced at least fifteen (15) days in advance via email or in-app notice, in accordance with the procedure for notifying changes to sub-processors in the DPA.

7. Access & Connectivity

You are solely responsible, at your own expense, for providing the mobile device, internet connection, and all data or service plans required to use the Software. Flappie does not guarantee that the App or Cloud functions will be available in every geographic location or under all network conditions. Your mobile or broadband provider may charge data, messaging, roaming, or other fees; please check with your provider.

8. Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. FLAPPIE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE OPERATION, AND COMPATIBILITY WITH HARDWARE NOT SUPPLIED BY FLAPPIE OR NETWORKS NOT PROVIDED BY FLAPPIE. ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLAPPIE SHALL NOT CREATE A WARRANTY.

SOME JURISDICTIONS—INCLUDING SWITZERLAND AND EEA MEMBER STATES—DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY MANDATORY LAW, INCLUDING THE EU DIGITAL CONTENT DIRECTIVE (2019/770), WHERE APPLICABLE.

9. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, FLAPPIE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; FOR LOSS OF DATA, PROFIT, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION; OR FOR THE COST OF REPLACEMENT GOODS OR SERVICES.

REGARDLESS OF WHETHER CLAIMS ARISE FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL GROUNDS, FLAPPIE'S TOTAL LIABILITY UNDER THIS EULA IS LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (A) THE PRICE YOU PAID FOR THE PRODUCT OR THE APPLICABLE SUBSCRIPTION IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM ARISING, OR (B) CHF 100.

NOTHING IN THIS EULA EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED BY MANDATORY LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD, INTENT, OR GROSS NEGLIGENCE (GROBE FAHRLÄSSIGKEIT UNDER SWISS LAW).

10. Indemnification

You agree to indemnify, defend, and hold harmless Flappie and its directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Software or Product; (b) your breach of this EULA or the ToS; or (c) your violation of any third-party rights, including intellectual property or privacy rights. Flappie reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

11. Reservation of Rights

You are granted only the limited license expressly provided in this EULA. No ownership of the Software, Product, or any associated data, AI models, or documentation is transferred to you. Flappie retains all worldwide rights, title, and interest—including all intellectual property and proprietary rights—in the Software, the industrial design and hardware of the Product, the Flappie name, logos and branding, all datasets, machine learning models and derived analytics, and all associated graphics, audiovisual elements, and marketing materials.

This license does not grant any rights to patents, Flappie trademarks (beyond permissible descriptive use), source code, algorithms, model weights, or third-party components supplied with the Software (which remain the property of their respective owners). No implied licenses, rights by estoppel, or other rights arise. Any use of Flappie's intellectual property outside the scope of this EULA requires Flappie's prior written consent.

12. Term & Termination

12.1 Commencement & Duration

This EULA becomes effective the moment you first install, activate, or use the Software. It remains in force until one of the following events occurs: (a) you permanently delete the App and destroy all copies; (b) you transfer or dispose of the Product; or (c) Flappie terminates the agreement in accordance with Section 12.2.

12.2 Termination by Flappie

Flappie may suspend or terminate this EULA if:

• you breach a material provision of this EULA or the ToS and fail to cure the breach within fourteen (14) days of written notice (if curable);
• you misuse the Product or Software in a way that violates the law, threatens to harm animals, people, or property, or endangers the security of Flappie's systems (termination with immediate effect without grace period is possible);
• a platform provider (Apple/Google) disables or removes the App due to a violation of its store policies; or
• Flappie decides to discontinue the App or product line entirely or in substantial parts (with a notice period of at least thirty (30) days).

12.3 Consequences of Termination

Upon termination, all rights granted under this EULA cease immediately; you must cease all use of the Software and remove it from your devices; you must destroy or irrevocably delete all copies in your possession. The consequences of account deletion (including the treatment of user and training data) are governed by the ToS. Provisions that by their nature survive—in particular, Sections 4, 6, 8–11, 12.3, and 13—remain in full force and effect. Termination does not affect any other legal rights or remedies of Flappie.

13. Governing Law & Jurisdiction

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

The exclusive place of jurisdiction shall be the ordinary courts of the Canton of Zurich (seat: Zurich, Switzerland), unless mandatory law stipulates otherwise. Mandatory consumer protection provisions of your usual place of residence remain unaffected (e.g., Art. 6 Rome I Regulation, Art. 32a PILA).

14. General Provisions

Eligibility. You represent that you are (a) at least 16 years old (or have reached the age of majority in your jurisdiction) or have the consent of your parents or legal guardians, and (b) have the legal capacity to enter into this EULA.

Severability. If any provision is found to be invalid, the remaining provisions shall remain in effect. The invalid provision will be replaced by one that most closely reflects the original intent of the parties.

Entire Agreement. This EULA, together with the ToS, Privacy Policy, and DPA, constitutes the entire agreement between you and Flappie regarding the Software. Oral statements do not create any warranty or obligation.

Amendments. Flappie may update this EULA. Material changes will be announced at least thirty (30) days in advance via email or in-app notice. Continued use after the effective date shall constitute acceptance.

Language. This EULA was originally written in English. Translations are for convenience only; the English version shall prevail unless mandatory local law provides otherwise.

Export Control. You agree to comply with all applicable export control and sanctions regulations (CH, EU, USA). You confirm that you are not on any sanctions list and will not transfer the Product or Software to prohibited destinations.

Changes to the Software. Flappie may modify, suspend, or discontinue features (including premium features) with reasonable prior notice, where reasonable.

Waiver. Flappie's failure to enforce any provision of this EULA shall not constitute a waiver of that or any other provision.

Assignment. You may not assign or transfer this EULA or any rights arising from it without Flappie's prior written consent. Flappie may assign this EULA in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the acquirer agrees to be bound by its terms.