Terms of use for the BLACKROLL® CLIMATE FLOW TOPPER app

(hereinafter referred to as the ‘Terms of Use’)

1. These Terms of Use govern how you use the BLACKROLL Climate Flow Topper app (hereinafter the ‘App’) , which you can download from the Apple and Google app stores and which we , BLACKROLL AG, Hauptstraße 17, CH-8598 Bottighofen, Switzerland, (hereinafter ‘BLACKROLL’) and available for download from the Apple and Google app stores, by you as the user (hereinafter ‘User’). Through the App you can control the ‘Climate-Flow-Topper’ offered by BLACKROLL (available at Climate Flow Topper; hereinafter ‘Product’) and customise its functions (hereinafter ‘App functions’). The use of the App and the utilisation of the App functions are governed exclusively by these Terms of Use in their currently valid version.

2. By installing and using the App, as well as utilising the App functions, you accept the validity of these Terms of Use in their current version.

3. Any deviating, supplementary or conflicting terms and conditions of yours won't be recognised unless we expressly agree to their validity in writing.

4. Use the app features only in their current version. Download and install new versions when prompted. We’ll supply the updates needed to keep the app features compliant and support the intended use of the product for at least two years from the delivery date.

1. Once you’ve connected the product through the app, we give you the tools to control, monitor and configure it. The app’s functions include, in particular:

   • Control the heating zones and temperature settings

   • Check the air quality display

   • Receive firmware updates for the product.

2. We may amend, add or remove functions during the provision period, provided that the features essential to using the product remain intact. We’ll only make changes for valid reasons (such as improving security or stability, reflecting technical developments or complying with legal requirements) and we won’t put you at an unreasonable disadvantage. If a significant change does disadvantage you, you may terminate the user agreement in accordance with Clause 7. Your statutory rights in respect of defects remain unaffected.

1. You must be at least 16 to use the App’s functions; if you’re younger, you’ll need appropriate consent from your legal guardian.

2. We don’t charge a separate fee for the App’s features beyond the product price, but you might incur data-transfer charges from your network operator so please check your tariff.

3. Unless we state otherwise, you're granted a non-exclusive, non-sublicensable right, limited in duration to the term of our contractual relationship, to install and use the app in accordance with these terms of use to the extent we make it available. You may reproduce the app only to the extent necessary for its use in accordance with the contract. You may not modify the App, convert the programme code into other forms (decompilation) or undertake any form of reverse engineering of the software’s development stages. Mandatory legal rights remain unaffected.

4. Unless we say otherwise, you may access, view and use the app’s functions for your own, non-commercial purposes in line with these terms and control the product as intended. This permission doesn’t give you any rights to the content or other information provided in the app. If you plan to use the app commercially, please ask us for consent first.

5. We provide the app’s functions with the care customary in the state of the art and endeavour to keep them available as continuously as possible. However, uninterrupted availability can’t be guaranteed for technical reasons. Maintenance, security or capacity issues, as well as events beyond our control (such as disruptions to public communications networks, power cuts etc.) may lead to restrictions or the temporary suspension of the app’s functions. Where possible, we’ll give you timely notice of maintenance-related restrictions and keep them as brief as possible. Your statutory rights in respect of defects remain unaffected.

6. You grant us all necessary rights to use the operational (non-personal) data (‘operational data’) that you transmit and that we can access when you use the app’s functions. This operational data includes, in particular, machine data, telemetry data, measured values and comparable technical data generated by your products. We’re granted the right to store, transmit and process such operational data, in particular to improve the product.

1. The app and its functions contain content and other information (hereinafter ‘Content’) which is trademark protected , copyright protected and protected by other means in favour of BLACKROLL or third parties.

2. You may not edit, reproduce, distribute, publicly display, use for advertising purposes or utilise this content beyond the contractually agreed purpose unless we've given you express authorisation. You may only reproduce them for technical reasons to use the app as intended under these terms. Don’t alter, suppress or remove copyright notices or trade marks.

3. Don’t do anything that could jeopardise or disrupt the App’s functioning or the provision of its features. Don’t access data you’re not authorised to see.

4. Don’t upload the content to other databases, extract it automatically using robots or by any other means, publish it, reproduce it publicly or make it publicly available in any other way, notably via an app and/or on the internet, in any form, unless this is expressly provided for within the scope of the App’s functions, for example through the provision of a ‘share’ function. Don’t do this on behalf of third parties or other users of the App.

5. Don’t use the App for unlawful purposes and comply with all applicable laws, in particular copyright law, competition law, data protection law and criminal law. Any breach may lead to the immediate suspension or withdrawal of app functions, and the same applies to breaches of these terms. When we take such measures, we’ll consider your legitimate interests, and we expressly reserve all further rights.

We process your personal data in accordance with applicable data-protection law. For further information, please referto the app’sprivacy notice.

1. We may terminate the contractual relationship between us and you regarding the use of the app without giving reasons in writing (e.g. by email) with ten (10) days’ notice, but no earlier than the expiry of the period for which we’re required to provide the app functions in accordance with clause 1.4. You may endthe agreement at any time without notice by sending a written message (for example, an email to [email protected]).

2. The right to terminate the contract for cause remains unaffected by this. Cause shall be deemed to exist, in particular, if you breach material obligations under these Terms of Use or completely remove the information objectively required for the operation of the app functions or prohibit its further use, and it's consequently no longer reasonably possible for us to provide the app functions.

3. Upon termination of this user relationship — for whatever reason — we're entitled to block you with immediate effect.

1. We’ll notify you of any changes to these terms in writing (for example, via a notice within the app) and they’ll become part of our agreement unless you object in writing within one month of receiving the notice. We'll also explain the implications of your silence when we notify you of the revised version. If you don't agree to the revised version, you won't be able to continue using the app.

2. All legal relationships between BLACKROLL and you arising in connection with the use of the App shall be governed by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

3. If you're a consumer, this choice of law won't apply if it would deprive you of the protection afforded by mandatory provisions of the law of the country where you habitually reside.

4. The place of performance is our registered office. The place of jurisdiction for all disputes arising from or in connection with these Terms of Use and the legal relationships arising therefrom is our registered office. The same applies if you don’t have a general place of jurisdiction within the country. We may, at our discretion, bring proceedings against you at any other permissible place of jurisdiction.

6. The language of the contract is German. Translations of these Terms of Use into other languages are provided for your information only. In the event of any inconsistencies between the German version and a translation, the German version shall prevail.

Date: 08/10/2026

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