General Terms and Conditions of Podero GmbH for the use of the Podero software platform

§ 1 Subject matter of the Terms of Use These General Terms and Conditions ("GTC") govern the use of the energy management system ("Software") offered by Podero GmbH ("Podero"). Podero's offer is aimed at end customers who have been invited to use the Software by their energy supplier, provided that the energy supplier is an approved partner of Podero and the Software is used to optimize and control energy services. End customers within the meaning of these terms and conditions are consumers in accordance with Section 13 of the German Civil Code (BGB), i.e. natural persons who use the services offered for purposes that cannot be attributed primarily to their commercial or independent professional activity.

§ 2 Provision of the software The end customer concludes a binding contract for the use of the software by connecting their system to the software. Systems within the meaning of the Agreement include, but are not limited to, photovoltaic systems, battery storage systems, heat pumps and charging stations. Podero shall provide the Software free of charge during the term of the Agreement. The Software remains the property of Podero.

§ 3 Contract term The software is made available to the end customer free of charge for the contract term from connection. The contract term begins when the software is connected to the system by the end customer. The software is provided for self-installation. The contract may be terminated in writing by either party at any time without observing a notice period. Notice of termination must be given in writing. At the end of the contract, the end customer must disconnect the software from the system. The right of the parties to terminate the contract immediately for good cause remains unaffected. Good cause shall be deemed to exist in particular if (i) the end customer violates the provisions of these GTC and does not return to contractual behavior despite a reminder and a reasonable deadline; (ii) the Software is passed on to third parties or used at a location other than the agreed location; (iii) the Software is not used for the intended purpose or in accordance with the instructions for use provided; (iv) the Software has been tampered with; or (v) Podero discontinues offering the Software.

§ 4 Scope of use The end customer may use the software exclusively for energy management and control of the systems connected to the software. By using the Software, the End Customer does not enter into an electricity contract with Podero. The end customer may also use the Podero web portal and visualize the data generated by the connected systems via the web portal following a written invitation from their energy supplier. To do this, the end customer must register in the Podero customer portal and confirm the General Terms of Use for the web portal stored there. The use of the software without an electricity contract with a Podero partner company does not include the provision of energy services, the optimization of energy consumption or the generation of revenue through grid support functions. If the end customer wishes to use these services, it must conclude (i) an electricity contract with a Podero partner company in accordance with the applicable terms and conditions and (ii) a contract for the provision of energy services. The transfer of the Software to third parties or the use of the Software at another location is not permitted.

§ 5 Usage Guidelines for End Users Overview: These guidelines define the limits of acceptable behavior for end users when using the Podero services offered by our customers (energy suppliers). Violations of these standards may result in consequences, including restrictions on agreed software functionality, suspension or termination of service. The guidelines describe the requirements and expectations set by Podero that energy suppliers must include in their contractual agreements with end users.

Device integration and gateway connection - compatibility and connection: All devices to be integrated must be listed in the compatibility list provided by Podero. For API-enabled devices, the device must have a stable and active internet connection. End users should ensure that the device is set up according to the manufacturer's guidelines to enable seamless API integration. For devices that require a Podero gateway, the end user is required to carefully follow the detailed instructions provided by Podero for an effective gateway connection.

Device monitoring and control - connection and settings: To ensure optimal performance and monitoring, end users must ensure that the heat pump, electric car charger, photovoltaic inverter or gateway maintain a constantly active internet connection. Irregularities in the internet connection can result in messages being sent to the end user. Persistent interruptions in this communication may affect the quality of the service provided by Podero. Podero reserves the right to temporarily suspend services for devices that do not maintain the required Internet connection in order to ensure the stability and reliability of the overall system. All settings on the device, especially those that may affect the connection or Podero's control capabilities, should remain unchanged. If end users need to change device settings, they are asked to consult the Podero support team or the user manual to avoid unintended interruptions to the Podero service. In the event of anomalies or device performance issues, end users are advised to inform Podero immediately to ensure rapid diagnosis and resolution.

General care and maintenance of the appliance - Maintenance and reporting: End users are expected to use and maintain their appliances in accordance with the manufacturer's guidelines and ensure that they remain in good working order. Damage, malfunctions or potential problems should be reported immediately to both the energy supplier and Podero so that advice or possible repairs can be carried out. Regular software updates, if available for the device, should be installed promptly to ensure compatibility and improved functionality with Podero services.

General Terms of Use: End users are encouraged to regularly check the status of their user dashboard and promptly address any connectivity or device issues that may affect communications. In the event of planned maintenance or an event that could disrupt the signal, end users should proactively inform the energy provider or Podero to avoid unnecessary service disruptions or notifications.

§ 6 Warranty, liability Subject to the provision in § 6 paragraph 2, Podero shall not be liable to the end customer for damages or compensation, regardless of the legal basis (contract, tort, breach of duty, indemnification, etc.). This limitation of liability applies equally to damages caused by negligence on the part of Podero employees or agents who are not directors or officers. The limitation of liability pursuant to § 6 (1) shall not apply in the event of the assumption of a guarantee, liability under the Product Liability Act, in cases of intent, fraudulent intent or gross negligence, in the event of damage to life, limb or health and in the event of a breach of material contractual obligations. In the event of a slightly negligent breach of material contractual obligations, Podero's liability shall be limited to the foreseeable damage typical for the contract. The end customer is liable for damages caused by improper use or use outside the agreed parameters.

§ 7 Data protection Podero treats the personal data transmitted by the end customer in connection with the conclusion and execution of the contract (e.g. name, address, e-mail address, telephone number, user account data of the Podero web portal, marketplace and metering point ID) as well as the data retrieved from the devices connected to the software (e.g. energy consumption, electricity generation, charging processes) confidentially and in accordance with the applicable legal provisions. Podero processes the end customer's data for the performance of the contract or for pre-contractual obligations. The legal basis is Art. 6 para. 1 lit. b) GDPR. The controller is Podero GmbH, Argentinierstraße 53/1, 1040 Vienna, Austria, represented by the managing director Christoph Bernkopf. The data protection officer can be contacted at privacy@podero.com. The end customer is obliged to notify Podero immediately of any changes to the data transmitted in connection with the conclusion and execution of the contract. Podero uses subcontractors to provide the contractual services. If personal data is transferred to subcontractors, Podero has concluded data protection agreements with these companies in accordance with Art. 28 GDPR. The end customer can request information about their stored personal data at any time and has the right to request its correction or deletion, provided that the data is not required for the fulfillment of the contract.

§ 8 Electronic communication If the contract between the energy supplier and the end customer is concluded electronically, further communication shall also take place exclusively electronically to the extent permitted by law. The end customer shall receive all notifications and information relating to the execution of the contract at the e-mail address provided when the contract was concluded. The end customer is obliged to maintain the technical requirements for electronic communication during the term of the contract and to ensure accessibility. Podero expressly points out that a change from electronic communication to paper format is only possible with considerable additional effort and that the resulting costs may be charged to the end customer.

§ 9 Final provisions Amendments and additions to this contract must be made in writing. This also applies to the waiver of this written form requirement. These General Terms and Conditions are subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).