Terms

Digital Storm GmbH, Sägestrasse 50, 5600 Lenzburg, Switzerland

1. Subject Matter of the General Terms and Conditions

1.1 These General Terms and Conditions (hereinafter: “GTC”) govern the mutual rights and obligations between Digital Storm GmbH, Sägestrasse 50, 5600 Lenzburg, Switzerland (hereinafter: “Digital Storm”) and its customers (hereinafter: “Customer”).

The services of Digital Storm are intended exclusively for companies and natural persons who enter into the agreement in the course of their commercial or independent professional activities. Agreements with consumers for private or family purposes are excluded.

1.2 By entering into the agreement, the Customer confirms the applicability of the GTC in force at the time the agreement is concluded.

Any terms and conditions of business, purchasing terms or other general terms and conditions of the Customer are expressly excluded and shall not apply even if Digital Storm does not expressly object to them.

Any deviating or supplementary agreements, representations or warranties shall only be binding if Digital Storm has expressly agreed to them in writing.

1.3 These GTC, together with the order form or accepted quotation or agreement, the service descriptions, any applicable Service Level Agreement (“SLA”) and, where applicable, the Data Processing Agreement (“DPA”), form the respective service agreement.

In the event of contradictions between the documents, the following order of precedence shall apply:

1. Order form / accepted quotation / individual agreement

2. GTC

3. Service Level Agreement, exclusively with regard to expressly agreed service levels

4. Service descriptions

The DPA shall take precedence over these provisions exclusively with regard to specific data protection processing obligations. However, the warranty exclusions, liability exclusions and limitations of liability pursuant to Sections 9 and 10 of these GTC shall also apply to claims arising from or in connection with the DPA, unless mandatory law provides otherwise.

2. Commencement, Term and Termination of the Service Agreement

2.1 The agreement with Digital Storm for the use of its services is concluded upon submission of the online order form, by other electronic means, or upon signature of a written order form or agreement.

2.2 The service agreement is concluded for a period of 12 months unless otherwise agreed.

2.3 Unless notice is given, the service agreement is automatically renewed three months before expiry for the same agreed term. Termination of the agreement is in any case possible for the first time at the end of the minimum contractual term agreed between the parties in the service agreement.

2.4 Digital Storm is entitled to terminate the service agreement in whole or in part with immediate effect for good cause or to discontinue services. Good cause shall exist in particular if the Customer or one of its users uses the services or third-party services obtained through them unlawfully, in breach of contract or for an improper purpose, makes them accessible to unauthorised third parties, breaches these GTC, jeopardises the security or stability of the services, or if Digital Storm can no longer reasonably be expected to continue the contractual relationship for legal, regulatory, security-related or comparably significant reasons.

Any mandatory statutory right of the Customer to terminate the contractual relationship for cause remains reserved.

2.5 Upon termination of the service agreement, the Customer’s right to use the affected services shall end upon expiry of the paid contractual term or, in the case of extraordinary termination, when such termination takes effect.

The Customer is responsible for securing all data it wishes to retain before the end of the agreement using the export or access options provided by HOMER. After termination of the agreement, Digital Storm is not obliged to continue making Customer Data available for use, retrieval or export.

Digital Storm is entitled to delete Customer Data from production systems following termination of the agreement. Data contained in backups, logs or technically required copies may remain until the applicable backup, retention and deletion cycles have expired and shall be deleted or overwritten as part of those processes.

Statutory retention obligations and any deviating provisions of the DPA remain reserved. Internal backups maintained by Digital Storm do not give the Customer any right to restoration of individual data.

3. Services of Digital Storm

3.1 Digital Storm provides its services within the scope of the service agreement with the Customer and using the operational resources available to it.

3.2 Digital Storm’s specific performance obligations are determined by Digital Storm’s service descriptions and any other contractual components agreed with the Customer, if applicable.

3.3 Digital Storm generally makes HOMER available for use via the Internet. However, a specific, uninterrupted or error-free level of availability is only owed if and to the extent that this is expressly guaranteed in an agreed Service Level Agreement (“SLA”). Without an express SLA, there is in particular no entitlement to a specific minimum availability, specific response or recovery times, or continuous availability of individual functions.

3.4 Digital Storm generally provides support during its usual business hours from Monday to Friday, 09:00–17:00, excluding Swiss federal public holidays and cantonal public holidays at Digital Storm’s registered office.

The type, scope, prioritisation and timing of the handling of support requests are at the reasonable discretion of Digital Storm. Specific response, processing, resolution or recovery times are only owed if expressly agreed in an SLA.

Outside business hours, there is no entitlement to support unless expressly agreed otherwise.

3.5 Digital Storm is entitled to carry out maintenance, security, update, migration and other technical work that may temporarily restrict the availability of HOMER. In the event of urgent security, stability or operational issues, work and interruptions may take place without prior notice. Such interruptions, as well as restrictions resulting from circumstances outside Digital Storm’s control, shall not constitute a breach of contract and shall not be taken into account in any availability calculations unless otherwise provided in an SLA.

3.6 HOMER may integrate or communicate with functions, data, services, interfaces, APIs, software or infrastructure provided by third parties. Digital Storm has no control over the continued availability, functionality, quality, security, data quality, interfaces, terms and conditions or pricing of such third parties.

Digital Storm does not warrant that third parties or their interfaces will remain permanently available, continue unchanged or remain compatible with HOMER. Changes, restrictions, errors, delays, suspensions or discontinuation of third-party services or interfaces may result in restrictions to or the loss of corresponding HOMER functions.

Digital Storm is entitled to adapt, replace, restrict or discontinue integrations or third-party services at any time, in particular where this becomes necessary due to changes, requirements, technical conditions, costs, security requirements or decisions of a third party, or where continued provision is no longer commercially or technically reasonable for Digital Storm.

Digital Storm shall only be liable in accordance with Section 10 for disruptions, errors, data loss, incorrect or delayed data or other damage whose cause lies within the area of responsibility of a third party.

3.7 Information provided on websites, in presentations, demonstrations, roadmaps, documentation, marketing materials, sales discussions or other general information from Digital Storm serves as a general description of HOMER and does not constitute any warranty, representation or obligation regarding specific characteristics, functions, results, deadlines or future developments.

An entitlement to specific functions, characteristics or services only exists insofar as these have been expressly agreed as binding in an individual agreement with the Customer.

In particular, there is no entitlement to the implementation of announced, planned, tested or demonstrated functions or to the unchanged or permanent continuation of existing functions.

4. Obligations of the Customer

4.1 Digital Storm is available during business hours to the Customer’s IT manager / primary system administrator. Unless otherwise agreed, other users shall contact support indirectly via that person. Instructions are available to users and the primary system administrator and should be consulted as the first point of reference.

4.2 By entering into the agreement, the Customer undertakes to accept and pay for the services/products covered by the agreement. The Customer may increase the scope of services at any time by switching to larger packages. A reduction to a lower-priced package is possible at the end of the current contractual period, subject to the applicable notice period.

4.3 The Customer shall refrain from distributing information and visual material with unlawful content. The Customer shall not use Digital Storm’s services illegally or for improper purposes. In particular, but without limitation, it is prohibited to:

• misuse messaging functions, in particular SMS;

• misuse artificial intelligence functions;

• incite violence within the meaning of Art. 259 of the Swiss Criminal Code;

• engage in racial discrimination within the meaning of Art. 261 of the Swiss Criminal Code;

• provide instructions for or incite criminal conduct;

• make defamatory statements about third parties or publish content that infringes personal rights;

• provide information that infringes copyrights, related rights or other intellectual property rights of third parties;

• use Digital Storm services to harm or harass third parties, in particular by gaining unauthorised access to third-party systems (hacking), distributing viruses of any kind or sending unsolicited emails (spam, junk mail and similar);

• provide copyrighted content unless the operator holds valid licences permitting distribution in Switzerland. Such licences must be presented to Digital Storm upon request;

• falsify email or news headers or IP addresses;

• operate download pages or pages generating high traffic;

• operate download / synchronisation folders or folders generating high traffic.

4.4 HOMER may execute automated processes and, in particular, import, consolidate, calculate, evaluate or otherwise process data, as well as generate invoices, quotations, licence quantities, consumption data, prices, services, time records, reports or other business-relevant information or transmit such information to third-party systems.

The Customer remains responsible for the professional and commercial review and for the accuracy and approval of such results. In particular, the Customer is required to appropriately verify invoices, billing bases, licence quantities, consumption data, prices, taxes and other business-relevant information before their legally binding use or transmission.

If the Customer activates functions through which processes are executed automatically or transmitted to third parties without prior manual approval, this is done at the Customer’s responsibility.

Digital Storm does not warrant that data provided by Customers or third parties or obtained automatically is complete, current or error-free. Section 10 applies to damage arising from automated processes.

4.5 HOMER may provide functions based on artificial intelligence (“AI”). AI-generated content and results are generated automatically and may in particular be incorrect, incomplete, inaccurate, misleading, outdated or unsuitable for the intended purpose.

Digital Storm does not warrant the accuracy, completeness, uniqueness, legality or suitability of AI-generated results.

The Customer is required to appropriately review AI-generated content before using it and remains solely responsible for all decisions, actions, publications and other uses based on such results. In particular, AI-generated results may not be used without review as the sole basis for legally binding, security-critical, financial or other material decisions.

Where third parties are used for AI functions, Section 3.6 shall additionally apply and, with respect to the processing of personal data, the DPA shall apply.

4.6 The Customer is solely responsible for the administration and appropriate protection of its user accounts, user roles, permissions, access credentials, passwords, authentication methods, API keys, tokens, integrations and connected user or third-party accounts.

The Customer is required to make access available only to authorised persons, to use appropriate security measures and to review permissions regularly.

Actions performed using access assigned to the Customer or its users shall be attributed to the Customer.

Suspected or actual compromise of access, credentials or authentication methods must be reported to Digital Storm without delay. Where possible, the Customer is required to immediately suspend affected access, change credentials or take other reasonable security measures.

Digital Storm shall only be liable in accordance with Section 10 for damage related to compromised credentials, incorrect or excessive permissions, misconfigurations or actions of the Customer’s users.

5. Prices, Fees, Payment Terms and Retention of Title

5.1 All agreed prices for Digital Storm services are denominated in Swiss francs and are exclusive of statutory value-added tax and other public charges.

5.2 Invoices are payable within 14 days unless otherwise agreed in writing. Upon expiry of the payment period, the Customer shall automatically be in default without any reminder being required. Any objections to an invoice must be raised by the Customer in writing within the payment period; otherwise, the invoice shall be deemed approved.

5.3 The prices for Digital Storm services are based on the currently applicable price list. Price changes will be communicated to the Customer as early as possible. Digital Storm may adjust prices at any time during the contractual term if cost factors have changed. Digital Storm shall have the same right in the event of unusually intensive use of Digital Storm services by the Customer or use that causes particular costs.

5.4 Goods supplied shall remain the property of Digital Storm until payment has been made in full. Digital Storm may register a retention of title in the competent register. The Customer may not pledge the goods or transfer them by way of security. Intellectual property rights shall not pass to the Customer prior to full payment. Any processing or transformation shall always be carried out for Digital Storm as owner or rights holder, without creating any obligation for Digital Storm. If Digital Storm’s ownership ceases as a result of combination or sale, it shall be deemed agreed that the resulting claims of the Customer shall pass to Digital Storm, proportionately by value in the case of combination.

5.5 Services offered as unlimited, including but not limited to storage, traffic, computing capacity, support, SMS messages, AI queries and similar services, are subject to the Fair Use Policy. Fair Use means that a Customer may not exceed twice the usage of the average of comparable customers. If this threshold is nevertheless exceeded, additional charges may apply.

6. Default

6.1 Digital Storm is entitled to temporarily suspend access to HOMER for the Customer or individual users, in whole or in part, or to restrict functions if:

a) due amounts have not been paid on time;

b) the Customer or a user breaches the agreement, these GTC or applicable law;

c) there is reasonable suspicion of misuse, unauthorised use, compromised credentials or a threat to the security or stability of the systems;

d) the Customer’s use causes an exceptional technical load or threatens the systems;

e) suspension becomes necessary due to requirements, restrictions or measures imposed by a third party; or

f) Digital Storm considers suspension necessary for security, compliance or legal reasons.

Where circumstances permit, Digital Storm shall inform the Customer of the suspension and its reason. In urgent cases, suspension may occur without prior notice.

A justified suspension does not release the Customer from its payment obligations and does not give rise to any entitlement to reimbursement or damages. For reactivation following a suspension caused by the Customer, Digital Storm may charge the costs incurred as well as an administrative fee of at least CHF 50.00.

6.2 In the event of payment default, Digital Storm shall charge default interest at a rate of 12%.

6.3 If the Customer defaults on payment of fees or any part thereof, Digital Storm may terminate the contractual relationship without notice 60 days after the invoice date.

6.4 The Customer shall reimburse Digital Storm for debt collection costs as well as legal and court costs.

Digital Storm reserves the right to assert further claims arising from payment default. Digital Storm may charge reminder fees of at least CHF 20.00 per reminder.

7. Set-Off and Rights of Retention, Assignment and Transfer

7.1 Digital Storm may set off its claims against counterclaims of the Customer. The Customer is not entitled to set off any counterclaims against claims of Digital Storm.

7.2 The Customer undertakes not to assert any rights of retention against Digital Storm.

7.3 The Customer may not assign or transfer the agreement or any individual rights, claims or obligations arising from it, in whole or in part, to any third party without the prior written consent of Digital Storm.

Digital Storm is entitled to assign or transfer the agreement and any or all rights, claims and obligations arising from it, without the Customer’s consent, to affiliated companies, legal successors, purchasers of HOMER or the relevant business division, or other third parties. By entering into the agreement, the Customer gives its advance consent to such assignment or transfer.

8. Intellectual Property Rights

8.1 For the duration of the respective contractual relationship, Digital Storm grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to use HOMER within the agreed scope exclusively for the Customer’s own business purposes. The right of use automatically ends upon termination of the relevant contractual relationship.

All rights in HOMER, in particular in the software, source code, database structures, designs, user interfaces, documentation, trademarks, concepts, methods and further developments, remain with Digital Storm or the respective rights holders. No further rights are granted to the Customer.

8.2 To the extent permitted by law, the Customer is in particular prohibited from copying, reproducing, modifying, reverse engineering, decompiling or disassembling HOMER or any part thereof, circumventing technical protection measures, deriving source code, extracting data by automated means, or making HOMER available to third parties, except where expressly provided for the contractual use.

The rental, resale or provision of HOMER as the Customer’s own service to third parties is likewise prohibited without the written consent of Digital Storm.

8.3 If third parties assert claims against the Customer based on an alleged infringement of intellectual property rights by HOMER, the Customer must inform Digital Storm in writing without delay and provide all information required to assess and defend against the claims.

Without Digital Storm’s prior written consent, the Customer may not acknowledge claims, enter into settlements or assume any other obligations that could affect or burden Digital Storm.

8.4 In the event of an alleged or actual infringement of intellectual property rights, Digital Storm is entitled, at its own discretion, to modify, replace, restrict or discontinue the affected function or service, obtain an appropriate right of use, or terminate the affected contractual relationship in whole or in part. Digital Storm is not obliged to take any particular one of these measures.

8.5 To the extent permitted by law, Digital Storm does not warrant that HOMER or its use in every combination, configuration, jurisdiction or manner of use envisaged by the Customer is free from third-party rights.

In particular, Digital Storm shall not be liable for claims based on Customer Data, specifications or instructions provided by the Customer, modifications made by the Customer or third parties, use contrary to the agreement, or the combination of HOMER with products, systems, data or services not provided by Digital Storm.

All claims relating to intellectual property rights shall otherwise be governed exclusively by Section 10.

9. Warranty

9.1 Digital Storm implements appropriate and risk-based technical and organisational measures to protect the systems it operates and the data processed therein. However, Digital Storm does not warrant absolute security or complete protection of the services or data against cyberattacks, malware, ransomware, DDoS attacks, unauthorised access, security vulnerabilities, compromised credentials or other interference by third parties.

The occurrence of such an event shall not, in itself, constitute a defect in the service or give rise to liability on the part of Digital Storm.

9.2 If Digital Storm sells third-party products, in particular hardware and software, to the Customer, the Customer shall be entitled to the same manufacturer warranties as Digital Storm. Costs incurred by Digital Storm as a result of consequential damage caused by defective hardware or software are not covered by the manufacturer warranty.

Likewise, services provided by Digital Storm to the Customer following delivery of third-party hardware or software are not covered by the manufacturer warranty. This includes, in particular, reinstallation of programs, configuration of hardware components and other work connected with the delivery of the hardware or software. The Customer shall reimburse Digital Storm for such work in accordance with the current price list.

9.3 Warranty services are generally provided during normal business hours at Digital Storm’s premises by appropriately trained personnel. Any necessary transport and/or travel costs incurred by Digital Storm in providing warranty services shall be borne by the Customer.

9.4 Errors, malfunctions or limitations of HOMER shall not, to the extent permitted by law, entitle the Customer to a price reduction, reimbursement, substitute performance, rescission, termination or damages.

Digital Storm is entitled, at its own discretion, to remedy a material defect for which it is responsible and which can be reproduced by means of a correction, workaround, update, replacement, restriction or modification of the affected function.

If Digital Storm is unable or unwilling to remedy a material defect, Digital Storm is entitled to restrict or discontinue the affected function or service or terminate the affected contractual relationship. Payment claims that have already arisen shall remain due. Fees already paid shall only be reimbursed to the extent required by mandatory law. Any further claims shall be governed exclusively by Section 10.

9.5 To the extent permitted by law, Digital Storm does not warrant the permanent integrity, completeness, availability or recoverability of Customer Data or against its accidental disclosure, alteration, corruption or deletion.

HOMER is not a backup, archiving or records management system. The Customer is responsible for backing up and archiving any data it requires outside HOMER to an extent appropriate to its own requirements.

Any internal backups maintained by Digital Storm serve exclusively operational purposes, in particular restoration of the platform following technical disruptions, and do not give the Customer any right to restoration of individual data. Section 10 shall apply exclusively to any resulting damage.

9.6 The Customer must raise any complaints within 30 days; otherwise, its warranty rights shall be deemed forfeited.

9.7 Any warranty exceeding the scope of this Section 9 is excluded.

10. Liability of Digital Storm

10.1 Digital Storm shall only have unlimited liability to the extent that a limitation or exclusion of liability is prohibited by mandatory law, in particular for damage caused by unlawful intent or gross negligence on the part of Digital Storm.

10.2 To the extent permitted by law, Digital Storm’s liability for slight negligence is excluded in full.

10.3 To the extent that Digital Storm remains liable despite the exclusions of liability contained in these GTC and such liability may legally be limited, Digital Storm’s total cumulative liability arising from or in connection with the contractual relationship, irrespective of the number, timing or legal basis of the claims, shall in aggregate be limited to the average monthly amount of the subscription fees owed by the Customer for the affected HOMER services during the twelve months preceding the event giving rise to the claim.

If the contractual relationship has existed for less than twelve months, the average of the monthly subscription fees owed up to that point shall apply.

10.4 To the extent permitted by law, Digital Storm shall in particular not be liable for indirect or consequential damage, consequential loss arising from defects, loss of profit, loss of revenue or income, business interruption, production downtime, loss of business opportunities, reputational damage, third-party claims, costs of data recovery or the loss, corruption, alteration or disclosure of data.

10.5 The foregoing exclusions and limitations of liability shall apply in particular to damage associated with cyberattacks, data security breaches, data loss, communication or transmission errors, malfunctions or failures of third-party providers, cloud infrastructures, interfaces, APIs, integrations, artificial intelligence, automated processes or incorrect or incomplete third-party data, unless the cause is attributable to conduct by Digital Storm for which liability cannot be excluded or limited under mandatory law.

10.6 To the extent permitted by law, Digital Storm’s liability for acts and omissions of its corporate bodies, employees, auxiliary persons, agents, subcontractors and other third parties engaged in the performance of the agreement is excluded.

To the extent that such liability cannot be fully excluded under applicable law, the exclusions and limitations of liability in this Section 10 shall apply.

To the extent permitted by law, all exclusions and limitations of liability contained in these GTC shall also apply directly for the benefit of Digital Storm’s corporate bodies, employees, auxiliary persons, agents and subcontractors.

10.7 The provisions of this Section 10 shall apply regardless of the legal basis asserted to all claims arising from or in connection with the contractual relationship and all related contractual documents.

They shall apply in particular to claims arising from or in connection with order forms, accepted quotations or agreements, service descriptions, Service Level Agreements (“SLA”), Data Processing Agreements (“DPA”), data protection, data security, confidentiality, integrations, third-party services and other ancillary or supplementary agreements.

Deviating or further-reaching liability provisions shall only apply if Digital Storm has expressly agreed to them in writing. Mandatory statutory liability provisions remain reserved.

10.8 Digital Storm is the Customer’s sole contractual counterparty and the sole obligor of all contractual obligations. Digital Storm’s shareholders, managing directors, corporate bodies, employees, agents and auxiliary persons do not assume any personal guarantee, surety or other personal obligation towards the Customer.

To the extent permitted by law, claims by the Customer arising from or in connection with the contractual relationship may only be asserted against Digital Storm. Mandatory statutory claims against natural persons remain reserved.

11. Liability of the Customer

11.1 The Customer is solely responsible for all data and content entered, transmitted, imported, generated or otherwise made available for processing in HOMER by the Customer, its users or systems connected by the Customer (“Customer Data”).

This responsibility includes, in particular, the legality, accuracy, completeness and currency of such Customer Data as well as the Customer’s authorisation to collect, use, process and transmit it.

11.2 The Customer warrants that it has all legal bases, consents, approvals and authorisations required for the processing of Customer Data, fulfils its information obligations towards data subjects and does not infringe any statutory, regulatory, contractual or other rights of third parties through the use of HOMER.

In particular, the Customer is responsible for informing its employees, customers and other affected persons about the processing of data to the extent required.

11.3 To the extent permitted by law, the Customer shall indemnify and hold harmless Digital Storm and its corporate bodies, employees and agents from and against third-party claims and any associated reasonable costs and expenses arising from unlawful use or use in breach of contract of the services by the Customer or its users.

This applies in particular to claims relating to data and content provided or processed by the Customer, missing consents or authorisations, infringements of data protection, personality, intellectual property or confidentiality rights, unlawful communications or improper use of third-party services.

The indemnity shall not apply to the extent that the relevant claim was demonstrably caused by conduct of Digital Storm for which Digital Storm is liable under mandatory law.

The Customer shall reasonably assist Digital Storm in defending against such claims and shall provide the necessary information without delay.

12. Force Majeure

12.1 Digital Storm shall not be liable for delays, disruptions or damage resulting from events for which Digital Storm is not responsible or which materially hinder or make performance impossible and which cannot reasonably be prevented, including natural disasters of any kind, civil unrest, blockades, fire, civil war, embargoes, earthquakes, hostage-taking, war, revolution, sabotage, strikes, terrorism, traffic accidents or production disruptions, including failures of communication networks and gateways operated by other providers.

13. Data Protection and Information Security

13.1 Digital Storm processes personal data in accordance with applicable data protection law, in particular the Swiss Federal Act on Data Protection (“FADP”) and, where applicable, the European Union General Data Protection Regulation (“GDPR”).

To the extent that Digital Storm processes personal data for its own purposes, such processing shall additionally be governed by Digital Storm’s current Privacy Policy.

13.2 To the extent that Digital Storm processes personal data on behalf of the Customer in connection with the HOMER services, Digital Storm acts as processor and the Customer as controller, unless a different allocation of roles results from applicable data protection law in the specific case.

The applicable Data Processing Agreement (“DPA”) shall govern such processing. In the event of contradictions between these GTC and the DPA, the provisions of the DPA shall take precedence with respect to specific data protection processing obligations. Sections 9 and 10 remain reserved.

13.3 If Digital Storm becomes aware of a breach of data security affecting personal data processed by Digital Storm on behalf of the Customer, Digital Storm shall inform the Customer as soon as possible in accordance with applicable statutory requirements and the DPA.

The assessment of whether and to what extent notification to authorities or communication to affected persons is required shall be the responsibility of the Customer as controller, unless applicable law provides otherwise.

Digital Storm shall assist the Customer to the extent required by law or by the DPA. The exclusions and limitations of liability pursuant to Section 10 remain reserved.

14. Confidentiality

14.1 The parties undertake to keep confidential all information designated as confidential by the other party and, in particular, not to make such information accessible to unauthorised third parties. The contents of agreements, including their appendices, shall in particular be regarded as confidential.

14.2 Digital Storm is entitled to disclose or make available information and data relating to the Customer to authorities, courts or other third parties to the extent that Digital Storm is required or permitted to do so under applicable law or to the extent that this is necessary and legally permissible for the protection of Digital Storm’s legitimate interests, the enforcement of its own claims or the defence against third-party claims.

14.3 To the extent permitted by law, Digital Storm is not obliged to appeal against administrative or judicial requests for information, production, securing or surrender, to seek judicial review of their legality or to take any other measures to prevent them.

Digital Storm is likewise not obliged to inform the Customer of such requests or disclosures before or after they occur to the extent that such information is prohibited by law or Digital Storm is not legally required to provide it.

Digital Storm shall only be liable for the consequences of lawful disclosure of information or data in accordance with Section 10.

All expenses incurred by Digital Storm in connection with administrative, judicial or comparable requests may be charged to the Customer to the extent that the request or underlying proceedings concern the Customer, its data or its use of the services and such charges are legally permissible.

15. Final Provisions

15.1 The place of performance is CH-5600 Lenzburg, Switzerland.

15.2 Should any provision of these GTC be void or legally ineffective, the remaining provisions shall remain in full force and effect. In such case, the void or ineffective provision shall be replaced by a legally valid provision that comes as close as legally possible to the economic effect of the invalid provision.

15.3 Digital Storm is entitled at any time to further develop, adapt, expand, restrict, replace or discontinue HOMER and its functions, user interfaces, technical architecture, APIs, integrations, processes and scope of services.

This applies in particular due to technical developments, security requirements, regulatory requirements, changes by third parties, changing market conditions or for operational or commercial reasons.

Digital Storm does not owe the unchanged continuation of individual functions, integrations, user interfaces, processes or technical implementations unless expressly agreed otherwise in writing.

Changes may be made without prior or subsequent individual notification to the Customer. In particular, Digital Storm is not obliged to inform the Customer about changes to individual functions, integrations or technical components.

Digital Storm is also entitled to amend these GTC at any time due to legal, regulatory, security-related, technical, economic or operational developments. The current version shall be published on the Digital Storm or HOMER website. Individual notification to the Customer is not required.

Amendments shall apply to newly concluded agreements upon publication and to existing contractual relationships no later than from the beginning of the next contractual period.

Amendments required due to mandatory legal or regulatory requirements, for security reasons or to maintain or further develop the services may, to the extent permitted by law, apply from an earlier date determined by Digital Storm.

The Customer is responsible for reviewing the current version of the GTC.

15.4 The exclusive place of jurisdiction for all disputes, disagreements and claims arising from or in connection with these GTC, the service agreement or other contractual documents shall, to the extent permitted by law, be Digital Storm’s registered office.

15.5 All contractual and non-contractual legal relationships between the parties shall be governed exclusively by substantive Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

V 1.8 (26 August 2026)