Terms and Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“You” or “User”) and Flappie Technologies AG (“Flappie,” “we,” “us,” or “our”). By accessing or using our website (flappiedoors.com), purchasing or using the Flappie product, or downloading or using the Flappie mobile application (collectively, the “Service”), you agree to be bound by these Terms. If you do not agree, you may not use the Service.

Seller and Contract Party: Flappie Technologies AG, Leutschenstrasse 43, 8807 Freienbach, Switzerland, Email: info@flappie.ch.

EU Responsible Person (Regulation (EU) 2023/988 – General Product Safety Regulation): Flappie Technologies OÜ, Narva mnt 5, 10117 Tallinn, Estonia, Email: info@flappiedoors.com. The EU Responsible Person acts as the economic operator within the Union for product safety purposes and can be contacted in connection with product conformity and safety information requests. All purchase, warranty and service obligations remain with Flappie Technologies AG.

A 1. Conditions

All deliveries, services, and offers by Flappie Technologies AG are made exclusively on the basis of these Terms. By ordering goods or services, you accept these Terms. We hereby object to any general purchasing conditions of the buyer. Any deviations from these Terms must be confirmed in writing.

A 2. Offer and Contract

Offers by Flappie Technologies AG in price lists and advertisements are non-binding. Order confirmations are issued only upon express request. Product offerings are directed at customers with residence in Switzerland, the European Economic Area (EEA), and the United Kingdom (UK). Deliveries are made only to addresses in these countries. The information in our sales documents (drawings, illustrations, dimensions, weights, and other specifications) is intended only as indicative values and does not constitute a guarantee of characteristics. We are released from delivery obligations if a buyer exceeds their credit limit.

A 3. Prices

The prices stated in our order confirmation are authoritative. For stock items, prices are fixed at the time of order.

For stock items and immediate deliveries: Unless otherwise agreed, prices include statutory value-added tax, plus shipping costs.

For reservations under the Reservation Program (A 18): The reservation deposit is collected WITHOUT value-added tax. Upon delivery, an invoice will be issued showing the applicable VAT. The deposit will be fully credited, so no additional amount will be due.

A 4. Promotions & Member Discounts

Promotions and member discounts cannot be combined; the higher discount will be applied automatically.

A 5. Delivery and Performance Time

Dates and delivery times are non-binding unless otherwise agreed in writing. Specified delivery times and dates are subject to correct and timely supply to Flappie Technologies AG by third parties. For the Reservation Program, where customers place a refundable deposit to secure a place in the production queue, delivery timelines are communicated to reservation customers by email and may be updated as production progresses.

A 6. Default in Acceptance

If the buyer, after expiration of a set grace period, declares their refusal to accept the delivery items, Flappie Technologies AG may refuse to perform the contract and demand damages for non-performance. Flappie Technologies AG is entitled to claim, at its option, either a lump sum of 25% of the agreed purchase price or compensation for actual damages from the buyer.

A 7. Delivery / Pickup

Visible quantity differences must be reported to Flappie Technologies AG in writing immediately upon receipt of goods; hidden quantity differences must be reported within 4 days of receipt. Complaints regarding damage, delay, or loss must be submitted immediately upon arrival of the shipment.

For reservations under the Reservation Program, delivery timelines are communicated to reservation customers by email and may be updated as production progresses. Customers place a fully refundable deposit to secure a place in the production queue.

If ordered products (store orders) are not picked up within 14 calendar days of the agreed date, Flappie Technologies AG may cancel the contract and charge the customer a handling fee of 20% of the order value, as well as any loss in value of the ordered products.

A 8. Transfer of Risk

Risk passes to the buyer as soon as the shipment is handed over to the person carrying out the transport. If shipment is delayed through no fault of ours or becomes impossible, risk passes to the buyer upon notification of readiness for shipment. An individually agreed assumption of transport costs by Flappie Technologies AG does not affect the transfer of risk.

A 9. Warranty

The warranty in accordance with the following provisions is 2 years, unless expressly agreed otherwise in writing. The warranty period begins on the delivery date. If our operating or maintenance instructions are not followed, modifications are made, parts are replaced, or consumables are used that do not correspond to original specifications, any warranty is void insofar as the defect is attributable thereto. This also applies if the defect is attributable to improper use, storage, or handling of the equipment, or third-party intervention, including opening of devices. Insignificant deviations from guaranteed characteristics do not trigger warranty rights. Liability for normal wear and tear, as well as consumables/accessories, is excluded. Warranty claims against Flappie Technologies AG are available only to the direct buyer and are non-transferable. The pet owner remains responsible in all cases for regularly checking the suitability and safe use of the product for their animal; Flappie Technologies AG is not liable for injuries or damages resulting from improper installation or unsupervised use.

A 10. 30-Day Satisfaction Guarantee (“Happiness Guarantee”)

You may return your Flappie within 30 calendar days of delivery as follows:

A) Change of mind: Original packaging unopened, or opened but not installed, mounted, or fastened to any surface, with no drill marks, screw holes, adhesive residue or scratches on the device, frame or camera lens, and with all accessories and documentation complete and undamaged. Devices showing any sign of installation or use beyond brief visual inspection will be rejected. For minor packaging damage or missing documentation that does not indicate installation or use, we will apply a restocking fee of up to 15% of the purchase price.

B) Manufacturing/Assembly defect: Proof of defect required (photos/videos); reported within 30 days. Packaging may be opened.

Process: Open a ticket at https://flappiedoors.com/returns and upload order number, defect description, media evidence, and proof of purchase. Packages sent without authorization will be returned at the sender’s expense.

A 11. Warranty – Duration, Scope, Exclusions

• Warranty Period: 24 months from delivery date.
• Covered: Material, manufacturing, or assembly defects in the hardware that affect function (e.g., sensor or connectivity failures, housing breakage).
• Not Covered: Normal wear and tear, scratches, cosmetic damage; damage from improper installation, wrong power supply, or extreme environmental conditions; all AI and software functions are provided “as is” with no performance guarantee, including without limitation prey detection accuracy, cat identification, distinction between registered pets and stranger cats, false admissions, false rejections, notification latency, and video quality in low-light conditions; software performance fluctuations of any kind. Complaints relating to AI performance do not constitute a warranty claim and are not grounds for refund, repair, or replacement under this Section A 11.

Software Updates: Flappie commits to providing security and functional software updates for the connected Flappie device for a minimum of five (5) years from the date of last sale of the respective device model, subject to technical feasibility. Updates are delivered automatically over the air and may be required for the Product to retain the functionality, compatibility and security reasonably expected at the time of purchase, in line with § 327e ff. of the German Civil Code (BGB) and equivalent mandatory consumer-protection law in other jurisdictions where applicable. After this minimum period, updates may be discontinued at Flappie’s discretion; Flappie will communicate any such discontinuation at least six (6) months in advance.

Nothing in this Section A 11 excludes or limits any non-waivable statutory consumer rights you may have under applicable mandatory law.

A 12. Return & Warranty Processing (Portal Flow)

• Open a ticket at https://flappiedoors.com/returns – provide: order number, defect description, photos/videos/logs, proof of purchase.
• Await return authorization: Flappie will issue an RMA number (Return Merchandise Authorization). A prepaid return label is not provided.
• Ship the item – insured and securely packaged; shipping costs are borne by the customer. For valid defect returns, we will reimburse documented shipping costs. For change-of-mind returns, shipping and any customs costs remain with the customer.
• Inspection by Flappie (duration unspecified).
• Result (at Flappie’s sole discretion): Repair (on-site or workshop), Replacement device (return-to-factory), or Purchase price refund to original payment method if neither repair nor replacement is possible. The refund amount is determined by Flappie after physical inspection and may be reduced, in part or in full, where the returned device shows signs of installation, damage, or missing components beyond what is reasonably necessary to inspect the goods. Refunds, where applicable, are processed within 14 days of device inspection.

Returns without a prior RMA number or “freight collect” packages will be returned at the sender’s expense.

A 13. Right of Withdrawal (EU/UK Consumers Only)

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party designated by you took possession of the goods. To exercise your right of withdrawal, you must inform us:

Flappie Technologies AG, Leutschenstrasse 43, 8807 Freienbach, Switzerland, Email: info@flappie.ch

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw. To meet the deadline, it is sufficient that you send notification before the withdrawal period expires.

Consequences of Withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except additional costs resulting from your choice of a delivery method other than our standard delivery), without undue delay and no later than 14 days from the day we receive your withdrawal notice. We will use the same payment method you used for the original transaction, unless otherwise agreed.

You must return the goods immediately and in any event no later than 14 days from the day you notify us of withdrawal. We may withhold reimbursement until we have received the goods back or you have provided proof of shipment. You bear the direct costs of returning the goods.

Diminished value. You are liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods. Inspection consistent with what would be possible in a brick-and-mortar store — opening the package, visually examining the device, briefly powering it on, connecting to the App — does not result in any deduction. Any handling beyond that, in particular installation, mounting, fastening to a door or wall, drilling, gluing, or sustained operational use, results in a deduction from your refund.

For transparency, Flappie applies the following diminished-value reference table. The exact deduction is determined case by case after physical inspection of the returned device and communicated to you before the refund is processed:

Condition on return	Diminished value (deduction)
Original packaging sealed and unopened	0%
Opened, visual inspection, App connection tested; no signs of use; complete accessories and documentation	0%
Minor packaging damage or missing documentation, no signs of use on the device	up to 15%
Trial fitting or holding in place without permanent fastening; no drill holes, screw marks or adhesive residue; no scratches	15–30%
Visible signs of installation: drill holes, screw marks, adhesive residue on the device, frame, or mounting hardware	50–80%
Scratches on the camera lens; damage to the housing, sensor, or other functional components	70–100%
Missing components (e.g. power adapter, mounting hardware, camera module); device obviously used; or damage that prevents resale	up to 100%

In extreme cases — for example where the returned device is irreparably damaged or non-functional — the diminished value may equal the full purchase price, in which case no refund is issued. Your right to withdraw remains unaffected; only the refund amount is reduced.

Inspection process. Upon receipt of the returned goods, Flappie photographically documents the condition (packaging, device, accessories, visible damage). You receive a summary of the inspection and any applicable deduction before the refund is processed. Refunds, where applicable, are processed within 14 days of device inspection to your original payment method. If you disagree with the assessed diminished value, please contact us at info@flappie.ch; your statutory rights remain unaffected.

A 14. Retention of Title

Ordered products remain the property of Flappie Technologies AG until full payment has been received. Flappie Technologies AG is entitled to make a corresponding entry in the retention of title register. Before transfer of title, pledging, security assignment, processing, or modification without express consent from Flappie Technologies AG is not permitted.

A 15. Payment

If the customer fails to meet their payment obligations in whole or in part, all outstanding amounts owed to Flappie Technologies AG under any title become immediately due (for prepayment, within 8 calendar days of the first reminder), and Flappie Technologies AG may demand immediate payment and suspend further deliveries. Flappie Technologies AG charges a handling fee of CHF 5 for the second reminder and CHF 20 for the third reminder. If reminders are unsuccessful, amounts may be assigned to a collection agency. In this case, an effective annual interest rate of up to 15% may be charged on the outstanding amount from the due date. The collection agency will pursue outstanding amounts in its own name and on its own account and may charge additional processing fees.

A 16. Limitation of Liability

Claims for damages arising from impossibility of performance, breach of contract, fault in contracting, or tortious acts against us and our agents or assistants are excluded, except in cases of intentional or grossly negligent conduct. Any liability for consequential damages from use of products is disclaimed.

Flappie’s liability for injury to or death of animals arising from a defect in the Product is governed by mandatory product liability law in the buyer’s jurisdiction and remains unaffected by the limitations in this Section A 16. Outside that statutory regime, Flappie is not liable for injury, death, escape, containment failure, or behavioural distress of animals resulting from normal operation of the Product, misuse, installation errors, use of non-supplied accessories or power adapters, or failure to follow the safety and operating instructions. Flappie is in particular not liable where the Product is relied upon as the sole means of pet access or containment during prolonged absence of the buyer.

A 17. Data Protection Policies

Flappie Technologies AG is entitled to process data about the buyer obtained in connection with the business relationship, whether from the buyer or third parties, in accordance with the Swiss Federal Act on Data Protection (nDSG). For details, see our Privacy Notice.

A 18. Reservation Program (Flappie Founders Program)

Due to limited initial production capacity and ongoing product development, Flappie Technologies AG offers interested customers the opportunity to secure a place in the production queue by placing a fully refundable reservation deposit.

18.1 Legal Nature of the Reservation

Placing a reservation deposit does NOT constitute a purchase contract and does not create a binding delivery obligation on the part of Flappie Technologies AG. It represents an expression of interest with financial security for the queue position.

The reservation deposit is:

• Fully and unconditionally refundable until actual delivery
• Non-interest-bearing
• Used to finance product development, tooling procurement, and production ramp-up
• Not an advance payment in the tax law sense, but a security deposit

The final purchase contract is only concluded upon delivery and acceptance of the product by the customer.

18.2 Product Uncertainty and Specification Changes

Flappie is in the final development and production preparation phase at the time of reservation. Therefore:

• Technical specifications, design, and colors are preliminary and may change until delivery
• The reservation price has been adjusted multiple times during development (historically: CHF 299 → 315 → 335 → 360 → 370 → 399 → 429) and may change further
• The main function (“cat-controlled access with AI prey detection”) will be retained, but details may vary
• Delivery dates are non-binding estimates that may be affected by production and supply chain factors

By placing the reservation deposit, you confirm:

• That you understand and accept the development uncertainty
• That you may withdraw from the reservation at any time
• That Flappie may also discontinue production or adjust the project

18.3 Reservation Options

Option A: Queue Reservation – You place a reservation deposit to secure a preferential discount. At market launch, you will receive a discount code to purchase at the reduced price. You then decide whether to buy the product at the final price or request a refund of your deposit.

Option B: Full Reservation – You place the current reservation price as a deposit. Upon delivery, this deposit is converted into the purchase price, provided you accept the product. The final sale price may differ from the reservation price; you have the right to withdraw before acceptance if there are significant deviations (> 20%).

18.4 Unconditional Refund Rights

You may cancel your reservation at any time until delivery by written notice (email to info@flappie.ch). In this case:

• We will refund the full reservation deposit within 14 days to the original payment method
• For cancellations at your own discretion, we reserve the right to retain already incurred payment processing fees (credit card/PayPal fees, typically 2–4%)
• No further costs or obligations will apply to you

Flappie Technologies AG also reserves the right to:

• Cancel individual reservations (e.g., in case of suspected fraud)
• Terminate the entire reservation program in case of insurmountable production obstacles

In both cases, full refunds of all deposits will be made.

18.5 Delivery and Contract Conclusion

Anticipated delivery dates will be communicated but are non-binding estimates. An unreasonable delay is defined as exceeding the most recently communicated delivery window by more than twelve (12) months. In this case, you have the right to withdraw with a full refund.

The purchase contract is concluded only through:

• Shipment notification by Flappie stating the final purchase price
• Confirmation by you within 14 days (or tacitly by non-objection)
• Delivery and acceptance of the product

Only from this point do the regular purchase, warranty, and return provisions (A 6 – A 13) apply.

18.6 Tax Treatment

Switzerland: The reservation deposit is collected WITHOUT value-added tax. Upon delivery, you will receive an invoice showing Swiss VAT (8.1%). The deposit will be fully credited, so no additional amount will be due.

EU Customers (Germany, Austria): The reservation deposit is collected WITHOUT value-added tax. Upon delivery, you will receive an invoice showing the applicable VAT (DE: 19%, AT: 20%). The deposit will be fully credited, so no additional amount will be due.

Important: Value-added tax becomes due under tax law only upon delivery pursuant to § 13 UStG (DE), § 19 UStG (AT), and Art. 18 MWSTG (CH). Flappie Technologies AG reports and remits value-added tax to the relevant authorities at the time of delivery. No additional payment is required from you as a customer.

Tax Classification: Flappie Technologies AG takes the position that the reservation deposit constitutes a security deposit and not an advance payment in the VAT sense. VAT liability arises only upon actual delivery. Should relevant tax authorities reach a different conclusion, we will inform you immediately. Your refund rights remain unaffected.

18.7 Insolvency Risk

In the unlikely event of insolvency of Flappie Technologies AG:

• Reservation deposits are subordinated to all other non-subordinated creditors to the extent legally permissible
• Remaining funds will be distributed proportionally to deposit holders after settlement of all priority claims
• Customers may assert their claims with the competent bankruptcy office
• There is no claim for damages beyond the deposit amount

18.8 Communication and Updates

Flappie regularly informs reservation customers about:

• Development progress
• Production status
• Anticipated delivery dates
• Material changes to specifications or prices

Notices are sent by email to the most recently provided address. You are obligated to keep your contact information current. Notices are deemed delivered 24 hours after sending.

18.9 Changes to Reservation Conditions

Material changes to these reservation conditions will be communicated to you by email at least 14 days before they take effect. If you do not object in writing within this period, the changes are deemed accepted. Your refund rights remain unaffected.

18.10 Applicable Law

Swiss law applies to the Reservation Program. The place of jurisdiction is Zurich. Mandatory consumer protection provisions of your country of residence remain unaffected.

A 18a. Special Notes for EU Customers (Germany, Austria)

Reservation Deposit vs. Advance Payment

In the view of Flappie Technologies AG, the amounts deposited under the Reservation Program (A 18) constitute security deposits, not advance payments in the VAT sense, because:

• The deposits are fully and unconditionally refundable until delivery
• Refunds are processed daily based on customer requests
• At the time of deposit, neither the product nor the price is final
• No binding delivery obligation is established
• The funds are used for product development, not just inventory holding
• The final purchase contract is concluded only upon delivery

Should the relevant tax authorities reach a different assessment, we commit to:

• Inform you immediately
• Give you the choice between (a) conversion to a VAT-liable advance payment or (b) full refund
• Not pass on any subsequently determined tax liabilities to you

Documentation of Business Practice

Flappie maintains detailed records of:

• Number and volume of monthly refunds
• Average processing time for refund requests
• Development stage of the product at the time of deposit

This documentation serves to demonstrate the deposit character to tax authorities.

EU Consumer Rights

Regardless of the tax classification, as an EU consumer you are entitled to:

• 14-day statutory right of withdrawal upon receipt of goods (A 13)
• 30-day satisfaction guarantee (A 10)
• 24-month warranty (A 11)
• Withdrawal from the reservation at any time before delivery

Contact for questions: info@flappie.ch

A 19. Product Safety

Flappie is an electronic pet access system and not a toy. Improper use or manipulation may result in injury to humans and animals as well as damage to the device. The buyer is obligated to regularly verify safe use.

The buyer is responsible for ensuring that the pet is of an appropriate size for the flap opening and is acclimated to the Product before routine use. The buyer must supervise their pet’s first uses of the device, monitor the device through the Flappie App, and not rely on the Product as the sole means of pet access or containment during prolonged absence. The Product is an assistive system and is not a substitute for direct supervision or for a fail-safe means of pet access. In case of any observed malfunction (including failure to open, failure to close, unusual noise, or signs of overheating), the buyer must disconnect the Product from the power supply and contact Flappie support before resuming use.

A 20. Installation & Commissioning

Installation must be performed only in accordance with the assembly and operating instructions included in the delivery or the step-by-step instructions in the Flappie App. Incorrect installation or failure to install may result in malfunctions and void warranty and liability claims.

A 21. Electrical Safety

Use only the supplied power adapter (tested per IEC / CE). Do not open or modify. In case of signs of overheating, smoke, or odor, disconnect the device from the power supply immediately and contact support.

A 22. Disposal / Recycling

This device may not be disposed of with household waste. Dispose of it in accordance with the WEEE Directive (EU) or SENS system (CH), or return it to the collection points specified at flappiedoors.com/recycling.

A 23. Final Provisions

Swiss law applies to all disputes arising from or in connection with these Terms and contracts concluded under them, excluding the Vienna Sales Convention. For the Reservation Program and associated rights and obligations, Swiss law applies, excluding the Vienna Sales Convention. The place of jurisdiction for all disputes arising from or in connection with these Terms and contracts concluded under them is, to the extent legally permissible, the ordinary courts of the Canton of Zurich (location Zurich). If any provision of these Terms is or becomes invalid, this does not affect the validity of the remaining provisions. In place of the invalid provision, a valid provision deemed to most closely approximate the economic purpose of the invalid provision shall apply.

A 24. Consumer Dispute Resolution

Flappie Technologies AG is not willing and not obligated to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Act on Consumer Dispute Resolution (Verbraucherstreitbeilegungsgesetz / VSBG § 36). The European Commission provides an online platform for out-of-court dispute resolution (ODR platform) at https://ec.europa.eu/consumers/odr. Flappie does not use this platform for dispute resolution and refers consumers to the contact address info@flappie.ch for all complaints, which Flappie will endeavour to resolve directly and in good faith.

B 1. Definitions

• “Product” means the physical, AI-powered cat flap by Flappie Technologies AG, equipped with cameras, sensors, and embedded firmware for prey detection.
• “App” means the Flappie mobile application for iOS and Android, used to control and monitor your Product.
• “Service” includes the website, App, Product, and all related features (e.g., FlappieTV, activity tracking, account management).
• “Account” is the single primary login profile associated with a specific Product. Unless otherwise provided in a Premium subscription, each Product may only be linked to one (1) Account.
• “Additional Account” means any additional user profile linked to a Product under an authorized Premium subscription.
• “Bundles” are collections of videos/photos of a prey event displayed in your App for saving, sharing, or discarding.
• “User Content” means all content you submit, post, or display through the Service (e.g., saved Bundles, FlappieTV shares, comments).
• “Premium Features” are paid features or subscription tiers provided by Flappie under additional terms.

B 2. Consent and Account Creation

Minimum Age. You must be at least 16 years old to create an account. By registering, you confirm that you meet this age requirement.

Registration Process. To use the App and connect your Product, you must: provide a valid email address, create a strong password (at least 8 characters, upper/lowercase letters, number, special character), and choose a username; verify your email via an activation link; in the standard tier, each Product may only be registered with one Account (creating multiple accounts for the same Product is prohibited unless expressly permitted by a Premium subscription); and accept these ToS, our EULA, and confirm that you have acquainted yourself with our Privacy Notice by actively checking the corresponding boxes in the App onboarding flow.

Account Security. You are responsible for protecting your login credentials and all activity on your Account. Notify us immediately of any unauthorized use.

B 3. Service Description & Features

Core Features (free/Standard account):

• Control Product settings (time-based lock/unlock schedules; lock/unlock)
• Create and manage cat profiles (name, photo)
• Receive, view, and save prey Bundles (videos/photos)
• Access FlappieTV: an opt-in community feed of Bundles shared by other users
• Activity tracking (daily/weekly/monthly prey counts)

Premium Features (future release):

Subject to a separate subscription agreement, Premium tiers may include: increased video delivery limits and extended storage periods; advanced analytics and export options (e.g., watermark-free videos); customizable schedules; Additional Accounts or concurrent logins beyond the standard limit. Pricing, billing, and cancellation terms will be published in the App prior to launch.

B 4. User Conduct & Acceptable Use

Permitted Use. You agree to use the Service only for lawful, personal purposes and in compliance with these ToS and all applicable laws.

Prohibited Conduct. You may not:

• Reverse-engineer, decompile, or tamper with the App or firmware
• Use the Service to harass, defame, or infringe on the rights of third parties
• Upload or share content that is illegal, harmful, offensive, or obscene
• Hack, exploit, or disrupt the integrity/security of the Service
• Abuse Bundles or FlappieTV (e.g., mass posts, spam)
• Create or attempt to create multiple accounts for a Product without an authorized Premium subscription

User Content Policies. You retain ownership of your User Content. By sharing a Bundle or other User Content to FlappieTV, you grant Flappie Technologies AG the following licences:

(a) Display Licence. A worldwide, royalty-free, non-exclusive licence to host, display, and distribute such content on the FlappieTV community platform. This licence lasts for as long as you choose to keep the content shared on FlappieTV and terminates when you remove the content or close your Account. Upon termination of the Display Licence, Flappie will remove the content from the FlappieTV platform within a reasonable time.

(b) Marketing Licence. A worldwide, royalty-free, sublicensable, perpetual, irrevocable licence to use, reproduce, adapt, modify, translate, and create derivative works from such content for marketing, advertising, and promotional purposes, across any medium or channel (including social media, the Website, advertising campaigns, and other communications). This licence is granted at the moment of sharing and survives removal of the content from FlappieTV, account deletion, or termination of these Terms. For the avoidance of doubt: once you share content to FlappieTV, Flappie may continue to use that content for marketing purposes even if you subsequently remove it from FlappieTV or delete your Account.

(c) No Transfer of Ownership. These licences do not transfer ownership of your User Content to Flappie. You may continue to use your own content in any way you choose.

(d) Third-Party Content. You must not share content to FlappieTV that contains identifiable third parties (e.g., persons incidentally captured by the Product) without the consent of those individuals. Flappie reserves the right to remove any content that violates this requirement or that is the subject of a valid third-party complaint.

B 5. Intellectual Property

Our Rights. All software, firmware, documentation, trademarks, and designs (“Flappie IP”) are owned by Flappie Technologies AG or its licensors. Any use beyond what is expressly permitted in the EULA or these ToS is prohibited.

Your License to Us. By sharing Bundles or other User Content through the Service, you grant Flappie the licences described in the User Content Policies under B 4 above. The Marketing Licence (B 4(b)) survives termination of these Terms, account deletion, and removal of content from FlappieTV.

B 6. Payment, Subscriptions & Billing

Note: Currently, only a free/Standard tier is available. Premium subscriptions will be introduced later under separate terms.

Future Premium Subscriptions: Subscriptions will auto-renew at the then-current price until canceled pursuant to published cancellation procedures. Premium tiers that include Additional Accounts may be billed per Additional Account or per package; details will be displayed at purchase.

Refunds & Disputes: Eligibility and procedures for refunds will be announced with the launch of Premium features. Billing disputes must be reported to info@flappie.ch within 30 days.

B 7. Changes to Service & These ToS

Service Updates: We may add, change, or remove features (e.g., new AI models requiring Wi-Fi). Firmware and App updates are subject to EULA terms.

ToS Changes: We reserve the right to amend these ToS. Material changes will be announced at least 30 days before taking effect via App or email. Continued use of the Service after the effective date constitutes acceptance. In case of discrepancies between language versions of this Part B, the English version shall prevail. You agree to receive all notices electronically.

Service Interruption: We may suspend or terminate the Service for maintenance or legal reasons or in case of violation of these ToS, without liability.

B 8. Disclaimers & Limitation of Liability

“AS IS” Provision. The Service (including AI-powered prey detection) is provided “as is” and without warranties of any kind.

Limitation of Liability. To the extent permitted by law, Flappie and its affiliates are not liable for indirect, incidental, special, or consequential damages. Total liability does not exceed the purchase price of the Product or CHF 100 if no purchase price was paid.

B 9. Privacy & Data Processing

Your use of the Service is subject to our Privacy Notice (https://flappiedoors.com/policies/privacy-policy), which explains how we collect, use, and share personal data (including AI training and marketing).

In cases where you, as the customer, use the Service outside the scope of “household activities” as referred to in Article 2(2)(c) of the GDPR and you qualify as a data controller, the processing of personal data shall be governed by a Data Processing Agreement, which is attached to and forms an integral and inseparable part of these ToS (Annex 1). This includes, without limitation, non-household use cases such as cloud storage of camera footage and streaming of live video to viewers designated by you, where you determine the purposes of the processing and the recipients of the data.

Irrespective of whether your use of our Product and Service qualifies as a purely personal or household activity within the meaning of Article 2(2)(c) of the GDPR or whether you act as a data controller, you acknowledge that we do not control, determine, or verify the location in which the Product and Service is installed or used.

You are responsible for ensuring that the installation of our Product and use of the Service complies with all applicable laws and regulations, including, without limitation, local surveillance and data protection laws (including the GDPR, the UK GDPR, and the Swiss Federal Act on Data Protection (nDSG)).

To the extent permitted by applicable law, you agree to indemnify and hold harmless us from and against any claims, fines, penalties or damages arising out of or in connection with the installation of the Product or use of the Service in violation of applicable laws or third-party rights.

AI Training. As described in our Privacy Notice, Flappie uses data collected via the Product to train, test, and improve its AI models for prey detection, cat identification, health monitoring, and future product features. Rather than retaining full video recordings, Flappie operates structured extraction pipelines that select specific training inputs (e.g., extracted frames, biometric crops, and a bounded number of curated video samples) based on defined criteria for each feature area. User-facing video recordings that are not selected by these pipelines are automatically deleted after 30 days. This processing is carried out on the basis of legitimate interest. You may opt out of AI training at any time via the App settings. Upon opt-out, your existing training data will be restricted (excluded from active training use) but retained so that your full data history remains available if you choose to re-enable training. You may also submit a formal erasure request to have your data permanently deleted from our training datasets. AI models that have already been trained using your data cannot be individually reversed or retrained to exclude specific data points, as this is a technical limitation inherent to machine learning systems. Opting out of AI training does not affect your access to core product features. For full details, see our Privacy Notice.

Incidental Recording and False Positives. The Product is designed and intended solely for pet monitoring. Video recording is triggered by a dedicated cat detection system and is not intended to capture images of persons. However, due to the nature of motion-based detection, false positives may occur, resulting in incidental recordings of persons (e.g., household members, visitors, or passers-by). Such recordings are unintentional. Flappie does not accept liability for claims, damages, or regulatory actions arising from (a) the incidental capture of persons due to false positives, or (b) your decision to share, publish, or distribute content containing incidentally captured persons via FlappieTV, social media, or any other channel. You are solely responsible for reviewing content before sharing and for ensuring that any sharing complies with applicable laws, including the privacy and personality rights of third parties.

Offline / Local-Only Use. If you use the Product without connecting it to the App or any online Service, all data remains stored locally on the device and no personal data is transmitted to Flappie. In this case, Flappie does not process any personal data in connection with your use of the Product, and the digital service terms set out in this Part B do not apply.

Applicable Data Protection Law. References to the GDPR in these Terms include, where applicable, the UK General Data Protection Regulation and Data Protection Act 2018 (“UK GDPR”), the Swiss Federal Act on Data Protection (nDSG) and their respective implementing ordinances. Where a provision of these Terms refers to a GDPR article, the corresponding provision of the nDSG or UK GDPR shall apply to data subjects and processing activities subject to Swiss or UK law respectively.

Informational Notice on Camera Signage. If your installation of the Product results in the recording of areas beyond your private household (e.g., shared hallways, public sidewalks, or common areas), you may be required under applicable local law to inform third parties of the recording, for example by posting a visible camera notice near the Product. This obligation, where applicable, rests solely with you as the data controller. Flappie Technologies AG does not provide camera signage and is not responsible for compliance with local surveillance or camera notification requirements. For guidance, please refer to the data protection authority in your country of residence.

B 10. Termination

Termination by Us: We may immediately suspend or terminate your Account and access to the Service in case of violation of these ToS.

Termination by You: You may delete your Account at any time in the App settings. Upon account deletion: (a) your access to Bundles, cat profiles, and all user-facing data will be permanently removed; (b) your content will be removed from the FlappieTV community platform; (c) your data will be excluded from AI training (equivalent to opting out); (d) transaction records will be retained for 10 years as required by law; (e) if you wish training data already in our datasets to be permanently deleted, you may submit a separate erasure request as set out in our Privacy Notice; and (f) the Marketing Licence granted under B 4(b) remains in full force and effect — Flappie may continue to use User Content previously shared to FlappieTV for marketing, advertising, and promotional purposes in accordance with these Terms.

Surviving Provisions: Sections 4 (Conduct), 5 (IP), 8 (Liability), 9 (Privacy & Data Processing), 11 (Law), and 12 (Miscellaneous) survive termination.

B 11. Applicable Law & Dispute Resolution

Applicable Law: Swiss law applies; the place of jurisdiction is the Canton of Zurich. Mandatory consumer protection provisions of your country of residence remain unaffected (Art. 6 Regulation 593/2008, among others).

Dispute Resolution: The parties shall first attempt an amicable resolution. If unsuccessful, disputes may be submitted to arbitration in Zurich or brought before the ordinary courts of Zurich.

B 12. Miscellaneous

• Severability: If any provision is invalid, the validity of the remaining provisions is unaffected.
• Force Majeure: We are not liable for failures due to circumstances beyond our control.
• Third-Party Services: Integrated services (e.g., payment providers) are subject to their own terms.
• Assignment: You may not transfer these ToS without our consent; Flappie may transfer them in connection with a merger, sale, or similar transaction. Headings are for convenience only.
• Export Compliance: You agree to comply with all applicable export control regulations.

Questions? Contact us at info@flappie.ch.

C 1. Scope and Interpretation

These common provisions supplement the provisions of Parts A and B.

In case of conflict, the following order of precedence applies:

• Mandatory statutory provisions (especially Swiss Code of Obligations, EU/EEA consumer protection)
• Individually agreed clauses (confirmed in writing)
• Part A (Hardware) or Part B (Digital Services) – depending on the service concerned
• Part C – Common Provisions

Terms defined in Part A or B have the same meaning in Part C.

C 2. Limitation of Liability (Cumulative Rule)

• Unless a stricter limit is set in Part A or B, Flappie Technologies AG, its officers, employees, and agents are liable only for damages caused by intentional or grossly negligent conduct.
• Liability for indirect damages, consequential damages, lost profits, data loss, or reputational damage is excluded.
• Total liability from all contractual relationships with a single party shall in no event exceed: for hardware transactions, the purchase price actually paid for the relevant goods; for purely digital services (free), CHF 100.
• Mandatory product liability claims remain unaffected.

C 3. Force Majeure

Neither party is liable for failure to perform its obligations if and to the extent such failure is attributable to force majeure (e.g., natural disasters, war, terrorism, pandemics, government orders, strikes, failure of communication networks or energy supply). The affected party shall immediately inform the other party of the reason for and expected duration of the delay.

C 4. Amendment of Terms

• Flappie Technologies AG reserves the right to amend Part A, Part B, and/or Part C to the extent necessary to adapt to changed legal or technical conditions or to address new services.
• Material changes will be announced at least 30 days in advance by email. If the customer does not object in writing by the effective date or continues to use the Service/goods, the changes are deemed accepted.
• Price changes for Premium subscriptions are governed by Part B, Section 6.

C 5. Electronic Communication

Notices under these Terms may be sent electronically (email, in-app message, push notification). Electronic communications are deemed delivered upon sending, unless a delivery failure notice is received.

C 6. Assignment and Transfer

• The customer may not assign or transfer rights and obligations under these Terms without prior written consent of Flappie Technologies AG.
• Flappie Technologies AG may transfer its rights and obligations at any time in connection with a merger, acquisition, sale of business, or other transaction.

C 7. Export and Sanctions Provisions

The customer agrees to comply with all applicable export, re-export, and sanctions regulations (particularly Swiss, EU, and US law). Products, software, or technical data may not be delivered or used, directly or indirectly, to sanctioned persons, organizations, or countries.

C 8. Severability Clause

If any provision of these Terms is invalid or unenforceable, the validity of the remaining provisions is unaffected. The parties shall replace the invalid provision with a valid one that most closely approximates the economic purpose.

C 9. Language and Translations

For Part A (Hardware Sale), the German version shall prevail in case of conflict.

For Part B (Digital Services), the English version shall prevail in case of conflict.

Mandatory law remains unaffected.

C 10. Entire Agreement

Part A, Part B, and Part C together constitute the complete agreement between the customer and Flappie Technologies AG; previous oral or written agreements are superseded.

C 11. Applicable Law and Jurisdiction

• Swiss substantive law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
• The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is, to the extent legally permissible, Zurich, Switzerland (ordinary courts of the Canton of Zurich).
• Mandatory jurisdictions for consumers remain unaffected.

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— End of Terms and Conditions —