General Terms of Service for the Enectiva Application

These Terms of Service govern the contractual relationship between Enerfis, s.r.o., with its registered office at Viktora Huga 359/6, 150 00 Prague 5, Czech Republic, Company ID No.: 241 60 202, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. C 184207 (the “Provider”), and a natural person or legal entity, or a trust fund or a similar entity (the “User”), using or otherwise having access to the Provider’s application named Enectiva, as defined in Article 1.2 of these Terms of Service.

The Service means the provision of access to an application (in any interface, including both a web interface and a mobile application) operated by the Provider, primarily intended for energy management, measurement, and facility management (the “Enectiva Application”), made available to the User through a User Account (the “User Account”), including related functionalities, support, and other services provided by the Provider within the scope of the selected tariff (the “Service”). The Service also includes the grant of a non-exclusive license to the Enectiva Application for the purpose of its use by the User.

For the purposes of these Terms of Service, the Agreement means the contractual relationship between the Provider and the User under which the User is granted access to the Enectiva Application. These Terms of Service form an integral part of every Agreement under which the User is granted access to the Enectiva Application. In this context, the Provider and the User are also jointly referred to as the “Parties”.

These Terms of Service apply to every User no later than the moment access to the Enectiva Application through the User Account is established.

In the event of any discrepancy between the Agreement and these Terms of Service, the Agreement shall prevail.

These Terms of Service also include the privacy policy, as an integral part (“Privacy Policy”).

The User shall use the Service in accordance with these Terms of Service and the Agreement.

The User shall not disclose any information to third parties that could harm the Provider’s interests or its copyright. The Service is intended exclusively for the User and for the User’s own needs.

The Provider shall provide the ordered Service to the User for the entire duration of the Agreement unless stipulated otherwise. The Provider shall also provide the User with a tax document (invoice).

The Provider guarantees that the quality of the Service provided will remain consistent throughout the period of use. This shall not affect the Provider’s right to carry out necessary maintenance, updates, and technical interventions in the Enectiva Application that may temporarily limit the availability of the Service.

The Provider shall not be liable for any unavailability of the Service in connection with planned outages or for unavailability caused by circumstances beyond the Provider’s control.

The Provider shall provide the Services with the level of skill and care customary in the relevant industry.

The Provider shall not be liable for damages, contractual penalties, or any similar obligations arising from unqualified or improper use of the Enectiva Application.

The Provider’s liability for any claim arising under these Terms of Service, including all warranties, shall be limited to the amount paid by the User for the use of the Services. The Provider shall in no event be liable for any losses or damages that could not reasonably have been foreseen.

The above provisions shall not affect any other limitations of the Provider’s liability under the Agreement and these Terms of Service.

Technical documentation and any other technical information concerning the Enectiva Application provided to the User for the purpose of delivering the Service shall remain the property of the Provider and may not be used for any purpose other than the proper use of the Enectiva Application. Such documentation and information may not be copied, reproduced, transmitted, or otherwise disclosed to any third party without the Provider’s consent.

The User and the Provider shall mutually respect each other’s know-how, patents, trademarks, copyrights, and any other similar rights.

The Provider grants the User a personal, non-exclusive license to use the Enectiva Application. The sole purpose of this license is to enable the User to use the Services and benefit from them in the manner permitted by these Terms of Service and the Agreement. The User may not copy, modify, distribute, sell, or lease any part of the Services or the Provider’s software included therein (in particular the Enectiva Application), nor may the User reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law or the User has obtained written permission from the Provider.

The Enectiva Application is governed by Czech law. The Enectiva Application constitutes a copyrighted work of the Provider and is protected under Act No. 121/2000 Coll., the Copyright Act, as amended.

The User may not use the Enectiva Application in any manner other than as provided in these Terms of Service and the Agreement. The User shall not disclose any information about the Enectiva Application to third parties.

The User undertakes not to copy the Enectiva Application or any part thereof, nor to use specific principles employed in the Enectiva Application for the development or implementation of its own energy management solutions, nor to provide such information to third parties.

The User acknowledges that the granting of a license to the Enectiva Application or the provision of any performance by the Provider does not confer upon the User any rights to use the Provider’s registered trademarks, trade names, company logos, patents, or any other intangible assets or copyrights of the Provider.

The obligations set out in this Article 3 and other obligations relating to the prohibition of interference with the Provider’s rights shall apply from the moment access to the User Account in the Enectiva Application is established and shall remain binding even after termination of the Agreement.

The User undertakes to pay the price for the license granted to the Enectiva Application and any other performance under the Agreement as part of the Service.

Payments may be made by bank transfer to the Provider’s account.

The User may pay the agreed price for the license to the Enectiva Application either monthly or annually (in advance). In the case of annual payment, the User shall be entitled to a 10% discount.

The invoice for performance delivered under the Agreement shall be due 10 days from delivery.

In the event of delay in payment of the price for the license to the Enectiva Application, the User’s access to the Enectiva Application (i.e., the User Account) may be suspended at any time. If the User remains in default with payment of any outstanding amount for more than 30 days, the Provider shall have the right, in accordance with the provisions below, to withdraw from the Agreement with ex nunc effect, which will result in the cancellation of the User Account.

The Agreement may be terminated by written withdrawal or written notice of termination under the conditions stipulated in the Agreement, these Terms of Service, or applicable law (unless agreed otherwise).

In the event of withdrawal from the Agreement, the User shall be immediately disconnected from the energy information system service of the Enectiva Application and the User’s User Account shall be cancelled.

The relevant provisions concerning the protection of personal data are set out in the Agreement and in the Privacy Policy.

These Terms of Service (i.e. including the Privacy Policy) may be amended from time to time. The Provider shall inform the User of any amendments before they take effect. By continuing to use the Enectiva Application in any manner after such amendments take effect, the User expresses consent to the amendments and agrees to be bound by the updated version of the Terms of Service. If the User does not agree with the amendments, the User shall notify the Provider accordingly. In such a case, the Provider may decide that the respective amendment shall not apply to the User who has expressed disagreement. If the Provider does not make such a decision, the User shall be entitled to terminate the Agreement with three months’ notice.

If, following the User’s notification that they do not agree with the amendment to the Terms of Service, the Provider fails to deliver to the User within 30 days a decision stating that the amendment shall not apply to that User, it shall be deemed that the Provider has decided that the amendment shall not apply to the User.

The Agreement, i.e. including these Terms of Service, shall be governed by the laws of the Czech Republic.

If any provision of the Agreement, including these Terms of Service, is or becomes void, invalid, unenforceable, or ineffective, such voidness, invalidity, unenforceability, or ineffectiveness shall not affect the remaining provisions of the Agreement. The Parties undertake to replace any such void, invalid, unenforceable, or ineffective provision with a valid, enforceable, and effective provision having the same or a similar legal and commercial meaning, or to conclude a new agreement, within 5 business days from the delivery of a request by either Party. This provision shall apply mutatis mutandis also in the event of the voidness, invalidity, unenforceability, or ineffectiveness of the Agreement as a whole. The Parties expressly declare that it is their intention that this provision remain binding to the maximum extent possible, and that any voidness, invalidity, unenforceability, or ineffectiveness of the Agreement as a whole shall not affect the validity, effectiveness, or enforceability of this provision, as the provisions contained herein shall be deemed severable from the remainder of the Agreement to the maximum possible extent.

The right to require the other Party to replace a void, invalid, unenforceable, or ineffective provision or to conclude a new agreement under this provision shall not expire or become time-barred earlier than three (3) years from the moment when the relevant provision or the Agreement as a whole is designated, declared, or otherwise determined to be void, invalid, unenforceable, or ineffective by a final and binding court decision.

Any disputes arising between the User and the Provider shall be resolved by the competent courts of the Czech Republic.

The User agrees that the Provider may send the User notifications and offers relating to its products or services.

These Terms of Service shall become effective on February 1, 2026, and shall fully replace all previous versions of the Terms of Service.