General Terms and Conditions

General Terms and Conditions

June 2026 edition

1. Scope

These General Terms and Conditions apply to all offers, deliveries and services of DB Data Systems AG unless otherwise expressly agreed in writing.

Individual agreements in an offer, order confirmation or contract take precedence over these General Terms and Conditions.

The Supplementary Terms for DBDS Datacenter and Data Processing in the final part of this page also apply to DBDS Datacenter, data and platform services. In the event of a conflict, those supplementary terms take precedence for the services concerned.

2. Conclusion of contract and scope of services

Offers from DB Data Systems AG are non-binding unless expressly designated as binding.

The scope of services is defined by the offer, order confirmation, contract, order or service description.

Technical information, plans, concepts, runtime specifications, measured values, evaluations and documentation are binding only where they have been expressly guaranteed in writing.

3. Services of DB Data Systems AG

DB Data Systems AG provides its services with due care and in accordance with customary industry standards.

Changes to installations, sensors, interfaces, networks, power supply, cellular reception, environmental conditions or configurations may affect function, measurement quality, data transmission, availability and runtime.

DB Data Systems AG is entitled to provide services through its own employees, engaged third parties or technical service providers.

4. Customer cooperation obligations

The customer provides the required information, access, interfaces, power supply, networks, permits, locations and environmental conditions in good time.

The customer informs DB Data Systems AG without delay of changes, faults, security risks or special requirements that may affect the provision of services.

Additional work or delays resulting from missing, incorrect or late cooperation may be charged separately.

5. Measurement data, regulation and control

Measured values, data, alarms, reports, evaluations and control commands are based on technical systems, sensors, transmission paths, software, cellular connections, third-party components and conditions on the customer’s side.

DB Data Systems AG does not guarantee that measurement data, alarms, evaluations, control commands or reports will at all times be complete, correct, current, plausible, available or suitable for a particular purpose.

The customer remains responsible for checking the data supplied and for decisions, interventions, subsequent work or measures taken on the basis of that data.

6. DBDS Datacenter

When the DBDS Datacenter is ordered, activated or used, the current Supplementary Terms for DBDS Datacenter and Data Processing also apply.

The DBDS Datacenter is operated as a best-effort service. DB Data Systems AG does not guarantee any particular availability, accessibility, response time, data currency, data completeness or uninterrupted use.

Maintenance, faults, cyberattacks, failures of cloud, internet, cellular, energy or third-party providers, and technical changes may restrict or temporarily prevent use.

7. Cellular connections and SIM cards

A cellular connection is required to use many devices and services of DB Data Systems AG. Where DB Data Systems AG provides a SIM card, eSIM or cellular connection, it does so exclusively as a technical component of the supplied devices, systems, Datacenter services or other services.

Unless expressly agreed otherwise, the cellular connection is included in the agreed usage, service or operating fee. DB Data Systems AG does not offer SIM cards or cellular connections as a standalone telecommunications service.

There is no entitlement to particular network coverage, availability, bandwidth, latency, data rate, data volume, provider choice, technology, roaming capability or an uninterrupted connection. Cellular connections are provided on a best-effort basis.

The SIM card may be used only in the device supplied or approved by DB Data Systems AG and only for the agreed purpose. The customer may not remove, transfer or modify the SIM card, use it in other devices, provide it to third parties or use it for other purposes.

Unless expressly agreed otherwise, use is restricted to Switzerland and the Principality of Liechtenstein. Use abroad, roaming, or the use of an alternative international tariff or provider requires a separate agreement.

DB Data Systems AG may block, suspend, replace, deactivate or restrict SIM cards or cellular connections where this is necessary for technical, operational, security, legal, regulatory or economic reasons.

Costs that are not included or are extraordinary, particularly those resulting from use in breach of contract, manipulation, use abroad, roaming, excess use, replacement, blocking, reactivation, a provider change or official orders, may be charged to the customer separately.

8. Battery and rechargeable battery operating times

Information on battery or rechargeable battery operating times is indicative.

Actual runtime depends in particular on the measurement interval, transmission frequency, temperature, network coverage, signal quality, configuration, ageing, storage and the components used.

A specific battery or rechargeable battery operating time is owed only where it has been expressly guaranteed in writing.

9. Third-party components

DB Data Systems AG may use hardware, software, sensors, cellular services, internet connections, cloud services, platforms or other services from third parties.

DB Data Systems AG is liable for the availability, function, security, changes, prices or faults of such third-party services only to the extent that DB Data Systems AG is directly responsible for them.

10. Acceptance and defects

The customer examines deliveries and services within a reasonable period and reports identifiable defects immediately in writing.

At its discretion, DB Data Systems AG may remedy defects by rectification, replacement delivery or renewed performance.

11. Prices and payment

The agreed prices apply plus value added tax, expenses, disbursements, material costs, third-party services and fees.

Recurring usage, service, operating or Datacenter fees are charged in accordance with the offer or contract.

Invoices are payable without deduction within 30 days of the invoice date unless otherwise agreed.

In the event of late payment, DB Data Systems AG may suspend services until the outstanding amounts have been paid.

12. Liability

DB Data Systems AG is liable for direct damage caused by intent or gross negligence in accordance with the statutory provisions.

To the extent permitted by law, all further liability is excluded. In particular, DB Data Systems AG is not liable for indirect damage, consequential damage, loss of profit, loss of production, business interruption, data loss, damage resulting from incorrect or delayed measurement data, damage resulting from unavailable data, damage resulting from defective subsequent work, or damage resulting from third-party services.

Liability for slight negligence is excluded to the extent permitted by law. Alternatively, it is limited to the amount paid by the customer for the affected order or the affected annual service.

13. Ownership and rights of use

Concepts, software, configurations, documentation, drawings, models, evaluations and other work results of DB Data Systems AG remain the property or intellectual property of DB Data Systems AG unless otherwise agreed in writing.

The customer receives a non-exclusive, non-transferable right of use for the agreed purpose.

14. Confidentiality and data protection

Both parties treat the other party’s confidential information as confidential and use it only for the performance of the contract.

DB Data Systems AG processes personal, contact, operating, installation, measurement, usage and diagnostic data insofar as this is necessary for concluding the contract, providing services, operation, support, security, maintenance, billing, error analysis and the further development of services.

The customer is responsible for being authorised to provide the data and for informing affected persons where necessary.

15. Termination of recurring services

Recurring services, including operation, support, maintenance, usage fees or Datacenter services, may be terminated in accordance with the contract.

If the contract contains no provision, a notice period of 30 days to the end of a month applies.

Recurring fees, subscriptions, usage fees, service charges or Datacenter services that have already been paid or invoiced will not be refunded or credited in the event of termination, suspension, non-use or early cessation unless otherwise agreed in writing.

DB Data Systems AG may suspend or terminate services if the customer breaches its obligations, fails to make payments, causes security risks or if the continued provision of services can no longer reasonably be expected.

16. Final provisions

If a provision of these General Terms and Conditions is invalid, the remaining provisions remain valid. The invalid provision will be replaced by a permissible provision that is as economically equivalent as possible.

Swiss law applies.

The exclusive place of jurisdiction is Biel/Bienne to the extent permitted by law.

Appendix: Supplementary Terms for DBDS Datacenter and Data Processing

February 2026 edition

This appendix applies exclusively to DBDS Datacenter, data and platform services.

1. Scope

These supplementary terms apply in addition to the General Terms and Conditions of DB Data Systems AG as soon as the customer orders, uses or is granted access to the DBDS Datacenter.

In the event of a conflict, these supplementary terms take precedence over the general provisions for Datacenter, data and platform services.

2. Purpose of the DBDS Datacenter

The DBDS Datacenter is used to capture, transmit, store, display, evaluate and manage measurement, operating, installation, diagnostic and usage data.

The data provided in the DBDS Datacenter serves as a technical basis for decisions. It does not replace the customer’s own checks or any safety-critical control, monitoring or approval processes.

3. Best-effort operation

The DBDS Datacenter is operated as a best-effort service.

DB Data Systems AG endeavours to provide stable, secure and appropriate operation, but does not guarantee any particular availability, accessibility, response time, data currency, data completeness, storage duration, recoverability or uninterrupted use.

Maintenance, updates, faults, cyberattacks, misconfigurations, cellular problems, internet faults, cloud failures, power failures, provider faults or official measures may restrict or prevent use.

4. Data quality and customer responsibility

Measurement data, alarms, reports, dashboards, control commands and evaluations may be incomplete, delayed, incorrect or unavailable.

The customer remains responsible for checking the plausibility of the data and for its review, interpretation and use.

Measures, interventions, subsequent work or decisions based on data from the DBDS Datacenter are the customer’s responsibility.

5. Access and user accounts

The customer is responsible for the secure management of its user accounts, passwords, access rights and internal approvals.

Access may be granted only to authorised persons. The customer informs DB Data Systems AG without delay of misuse, lost access credentials, employees leaving the organisation or other security risks.

DB Data Systems AG may block or restrict access where this is necessary for technical, security, legal or operational reasons.

6. Cellular services and data transmission

Where devices are connected to the DBDS Datacenter by cellular services, SIM cards, eSIM, internet, gateways or other transmission paths, these connections are considered a technical ancillary service of the overall solution.

There is no entitlement to a permanent connection, particular network coverage, particular providers, roaming, bandwidth, latency, transmission speed or data volume.

Use abroad is permitted only where expressly agreed.

7. Types of data

In connection with the DBDS Datacenter, DB Data Systems AG may process the following data in particular:

• Customer and contact details
• User and access data
• Location, installation and device data
• Measurement, operating and status data
• Alarm, event and diagnostic data
• Usage, log and support data
• Billing and contract data

8. Data processing and roles

The customer remains responsible for the data it provides, the lawfulness of that data and its use.

Where DB Data Systems AG processes personal data on behalf of the customer, processing takes place in accordance with the customer’s instructions and only insofar as necessary for contract performance, operation, support, security, maintenance, billing, error analysis or legal obligations.

The customer is responsible for ensuring that affected persons have been informed where necessary and that the data is lawfully transferred to DB Data Systems AG.

9. Disclosure to third parties

DB Data Systems AG may disclose data to engaged service providers, cellular providers, cloud providers, technical operators, support partners, authorities or authorised third parties insofar as necessary for operation, support, security, troubleshooting, contract performance, prevention of misuse or legal obligations.

When selecting engaged service providers, DB Data Systems AG takes appropriate technical and organisational security into account.

10. Security

DB Data Systems AG takes appropriate technical and organisational measures to protect the data.

Absolute protection against data loss, unauthorised access, cyberattacks, system failures or technical faults cannot be guaranteed.

The customer is responsible for its own backups, internal controls and additional protective measures insofar as these are required for its operations.

11. Support and maintenance

Support and troubleshooting are provided on a best-effort basis.

DB Data Systems AG may carry out maintenance, updates, system changes or security measures. Where possible, planned maintenance is performed with appropriate consideration for the customer’s operations.

There is an entitlement to particular response, resolution or recovery times only where expressly agreed in writing.

12. Export, deletion and end of contract

After the contract ends, DB Data Systems AG may block access and discontinue the Datacenter services.

The customer is responsible for exporting required data in good time or arranging a separate data transfer.

DB Data Systems AG may delete data after the contract ends unless statutory retention obligations, legitimate interests or agreements to the contrary apply.

Work required for data export, migration, recovery or special evaluations may be charged separately.

13. Restrictions on use

The customer may not use the DBDS Datacenter improperly, unlawfully, in a manner that jeopardises security, or for purposes other than those agreed.

Prohibited activities include in particular manipulation, unauthorised access, excessive system load, circumvention of security mechanisms, disclosure of access credentials, or use outside the agreed purpose.

DB Data Systems AG may block, restrict or terminate services where such use is identified or where there are specific indications of it.

14. Liability

The liability limitations in the General Terms and Conditions of DB Data Systems AG apply to the DBDS Datacenter.

In particular, DB Data Systems AG is not liable for damage resulting from unavailable, incomplete, delayed, incorrect or incorrectly interpreted data to the extent permitted by law.

15. Final provisions

These supplementary terms apply together with the General Terms and Conditions of DB Data Systems AG.

Changes to these supplementary terms may be communicated to the customer in an appropriate form. If the customer continues to use the DBDS Datacenter after the changes take effect, the changes are deemed accepted to the extent permitted by law.

Swiss law applies. The exclusive place of jurisdiction is Biel/Bienne to the extent permitted by law.