General Terms and Conditions

with customer information and annex: provisions on switching providers

Version: 3 October 2026

This English text is a convenience translation. The legally binding version is the German one at brandzaps.ai/agb/; in the event of any discrepancy, the German wording prevails. All contracts are governed by the law of the Federal Republic of Germany (clause A.19).

Table of contents

A. General Terms and Conditions with Customer Information

1. Scope of application
2. Services of the provider
3. Changes to services
4. Free trial period
5. Conclusion of contract
6. Right of withdrawal
7. Grant of rights of use by the provider
8. Grant of rights of use by the customer
9. Obligations of the customer
10. Moderation and restriction of content
11. Remuneration and terms of payment
12. Contract term and termination
13. Liability for defects
14. Liability
15. Indemnification
16. Confidentiality
17. Data processing on behalf of the customer
18. Amendments to the GTC
19. Applicable law, place of jurisdiction
20. Alternative dispute resolution

B. Annex: Provisions on switching providers

1. Scope of application
2. Definitions
3. Pre-contractual information
4. Switching and exit plan
5. Initiating the switching process
6. Transition period
7. Obligations of the provider during the switching process
8. Obligations of the customer
9. Retrieval and deletion of data
10. Remuneration for the switching process and exit charges
11. End of the switching process
12. Termination of the contract

A. General Terms and Conditions with Customer Information

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Cyber Sour UG (haftungsbeschränkt) (hereinafter "we") apply to all contracts for the provision of services in the field of software-as-a-service (hereinafter "SaaS") that you conclude with us as a consumer or entrepreneur (hereinafter "customer") in respect of the services described by us on our website brandzaps.ai. The subject matter of the contract is the provision, against payment and limited in time to the term of the contract, of the software BrandZaps (hereinafter "software") in digital form via the internet at app.brandzaps.ai, as well as the provision of storage space on our servers. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.

1.2 You are a consumer within the meaning of these GTC if you enter into a legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity.

1.3 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of your commercial or independent professional activity.

1.4 Our software may contain links to services of third-party providers. These GTC do not apply to services that are provided not by us but by a third-party provider. This also applies if the services are provided free of charge and/or if registration with us is required to use them. For these services, only the terms and conditions used by the third-party provider or the statutory provisions governing the relationship between you and the third-party provider apply. In this respect, we merely provide technical access to these services.

2) Services of the provider

2.1 We provide you with software in digital form via the internet for the duration of the agreed contract term. For this purpose, we give you access to the software, which remains on our server. The range of functions and the technical specifications of the software are described in more detail in the service description on our website. We owe only the provision of the software with the functionalities defined in more detail in the service description. In particular, we do not owe the establishment and maintenance of the data connection between your IT system and our server.

2.2 We update our software at irregular intervals. Accordingly, you only receive a right to use the software in its current version at any given time. You have no claim to the software being brought into a particular state.

2.3 We provide you with limited storage space on our servers for using the software. The extent of the storage space is described in more detail in the service description on our website.

2.4 The provider's services are offered subject to availability. 100 percent availability cannot be achieved technically and therefore cannot be guaranteed to the customer by the provider. The provider does, however, endeavour to keep the service available as consistently as possible. In particular, maintenance, security or capacity requirements as well as events beyond the provider's control (disruptions of public communication networks, power failures, etc.) may lead to disruptions or to the temporary shutdown of the service.

2.5 We take state-of-the-art measures to back up data. However, we have no duty of safekeeping or custody. You are yourself responsible for adequate data backup.

2.6 We provide you with operating instructions in electronic form.

2.7 We offer additional support services. The content and scope of the support services are set out in the service description on our website.

2.8 Insofar as we also provide you with AI-supported functions in our software, the following provisions apply in addition:

2.8.1 We do not owe success in the sense of a particular quality, factual accuracy, completeness or usability of the generated results, since these are based on probabilistic models and depend on the quality, completeness and timeliness of the data you provide and of the publicly accessible data sources used by our software. In particular, owing to the way probabilistic AI models work, different results may be generated at different times despite identical inputs.

2.8.2 Unless otherwise agreed between us, we do not owe exclusivity of the results. We expressly point out that overlaps between the results generated for different customers are possible, since the software works on the basis of publicly accessible data sources and several customers may define comparable parameters.

2.8.3 The results generated with the software are provided to you "as is". We give no guarantee as to the factual accuracy, completeness, suitability or usability of the generated results, unless expressly agreed otherwise between us. You are obliged to check the generated results on your own responsibility and to ensure their suitability for the intended purpose.

2.8.4 We are entitled to use AI models and systems of third-party providers in providing our services. We ensure that the third-party providers are contractually bound to comply with data protection requirements. Your personal data will only be transferred to third-party providers outside the EU/EEA in compliance with the statutory requirements.

3) Changes to services

3.1 We reserve the right to change the services we offer or to offer different services, unless this is unreasonable for you.

3.2 We further reserve the right to change the services we offer or to offer different services

• insofar as we are obliged to do so due to a change in the legal situation;
• insofar as we thereby comply with a court judgment or an official decision directed against us;
• insofar as the respective change is necessary to close existing security gaps;
• if the change is merely advantageous for you; or
• if the change is purely technical or procedural in nature without significant effects for you.

3.3 Changes with only an insignificant effect on our services do not constitute changes to services within the meaning of this clause. This applies in particular to changes of a purely graphical nature and to the mere rearrangement of functions.

4) Free trial period

4.1 On request, we grant new customers non-binding, free trial access to the software ("trial period"). The trial period begins when you activate the trial access and ends automatically after the period stated by us for this purpose in the service description, without any notice of termination being required from you.

4.2 No payment details (e.g. credit card or bank details) are required to use the trial period. You incur no costs during the trial period.

4.3 Your trial access ends automatically when the trial period expires. The trial period does not automatically turn into a paid subscription or any other paid contractual relationship. If you wish to use the software beyond the trial period, you must separately and actively conclude a paid usage contract.

4.4 When the trial period expires, your access to the software is blocked. Data entered during the trial period will be deleted unless you conclude a paid usage contract with us before the trial period expires and insofar as no statutory retention obligations prevent this.

4.5 The range of functions during the trial period may be restricted compared with our paid offering. You have no claim to any particular availability during the trial period.

4.6 Each customer may use the trial period only once. We are entitled to terminate your trial access early if there are signs of abusive multiple use.

5) Conclusion of contract

5.1 The services described on our website do not constitute binding offers on our part but serve to enable you to submit a binding offer.

5.2 You can submit the offer via the online order form provided on our website. In doing so, after entering your personal data and by clicking the button that completes the ordering process, you submit a legally binding contractual offer in respect of the selected services.

5.3 We can accept your offer within five days

• by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by you is decisive, or
• by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after you send the offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.

5.4 If an offer is submitted via the provider's online order form, the text of the contract is stored by the provider after conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent their order. The provider does not make the text of the contract accessible beyond this. If the customer has set up a user account on the provider's website before sending their order, the order data are archived on the provider's website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login details.

5.5 Before bindingly placing the order via our online order form, you can identify possible input errors by reading the information displayed on the screen carefully. An effective technical means of better identifying input errors may be your browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click the button that completes the ordering process.

5.6 The German language is available for concluding the contract.

5.7 Orders are generally processed automatically by e-mail. You must ensure that the e-mail address you provide for processing the order is correct so that you can receive the e-mails we send to that address.

6) Right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in our withdrawal policy.

7) Grant of rights of use by the provider

7.1 We hold all rights of use required to provide the software. Unless otherwise stated in the service description on our website, we grant you the non-exclusive, non-transferable right, limited in time to the term of the contract, to use the software for private and business purposes within the framework of these GTC. Any use of the software beyond this is not permitted.

7.2 Insofar as we provide AI-supported functions to fulfil our contractual obligations, we point out that, as a rule, no intellectual property rights, in particular no copyrights, arise in the results generated by using the software. Insofar as rights do nevertheless arise in the generated results, we grant you a simple right of use in the generated results in accordance with the above provisions on the grant of rights of use by us. You may also pass the generated results on to third parties.

8) Grant of rights of use by the customer

We are entitled to use content and information that you make available to us for the service within the scope of our contractual obligations and whose processing is necessary for the proper provision of the services. You grant us, free of charge, non-exclusively and limited to the term of the contract, the rights of use required for this, in particular the right to keep and store permanently, the right of reproduction and the right of adaptation, and you warrant that you are entitled to grant these rights of use.

9) Obligations of the customer

9.1 You ensure that the hardware and software you use, including workstation computers, routers, data communication equipment, etc., meets the minimum technical requirements for using the software version currently offered by us.

9.2 You are obliged to protect and keep the access data provided to you against access by third parties in accordance with the state of the art. You ensure that use takes place only to the contractually agreed extent. Unauthorised access by third parties must be reported to us without undue delay.

9.3 You may not store any data on the storage space we provide whose use violates applicable law, official requirements or orders, rights of third parties or agreements with third parties.

9.4 The content you store on the storage space intended for you may be protected under data protection law. You check on your own responsibility whether your use of personal data meets data protection requirements.

9.5 You must make appropriate data backups regularly on your own responsibility.

9.6 You are obliged to check your data and information for viruses or other harmful components before entering them and to use state-of-the-art measures for this purpose (e.g. anti-virus programs).

9.7 You ensure that programs, scripts or the like installed by you do not endanger the operation of our server or communication network or the security and integrity of other data stored on our servers.

9.8 If programs, scripts or the like installed by you endanger or impair the operation of our server or our communication network or the security and integrity of other data stored on our servers, we may deactivate or uninstall these programs, scripts, etc. If necessary to eliminate the danger or impairment, we are also entitled to interrupt the connection of the content stored on the server to the internet. We will inform you of this measure without undue delay.

9.9 Insofar as we also provide you with AI-supported functions in our software, the following provisions apply in addition:

9.9.1 Owing to automated data processing, the results generated for you may contain personal data even if you did not enter any. You are obliged, before using the generated results outside the software, to check them on your own responsibility for personal data or trade secrets of third parties and for the legal basis required for using such data. Furthermore, you are obliged not to enter any personal data or trade secrets of third parties into our software unless this is strictly necessary for the contractually agreed purpose of use and you are entitled to process such data.

9.9.2 You are obliged to comply with

• the applicable statutory labelling obligations for AI-generated content when further using the generated results,
• information obligations towards data subjects.

On request, we will provide you with the information required to fulfil these obligations.

9.9.3 You are aware that, in exceptional cases and owing to the way AI models work, our software may deliver incorrect or incomplete results (so-called "hallucinations"). You undertake to check the results generated by the software for plausibility and accuracy before further using them.

10) Moderation and restriction of content

10.1 We are in principle not obliged to proactively check the content you post for lawfulness or for compatibility with the rights of third parties or with these GTC. We nevertheless reserve the right, in individual cases and on our own initiative, to check your content for lawfulness and, where violations are found, to take measures in accordance with the following provisions.

10.2 Customers and affected third parties can report allegedly unlawful content to us using the contact information in the legal notice (e.g. by e-mail). We are free to forward the content of a report to you if you posted the reported content. The identity of the reporting person will only be disclosed to you if this is strictly necessary.

10.3 In the case of reports and any checks carried out on our own initiative, content is in principle reviewed by a human. In individual cases, automated technical review procedures may be used in addition.

10.4 If, following a report or a check carried out on our own initiative, content published by you is found to be unlawful, we are entitled, even without prior notice or contact and at our reasonable discretion, to take one or more of the following measures:

• warning you as the publishing customer,
• temporary blocking or permanent deletion of the content concerned,
• temporary or permanent suspension of the contractually assumed obligations,
• termination of the contractual relationship (ordinary or extraordinary for good cause).

10.5 When choosing the measures to be taken, we will observe the principle of proportionality and weigh your interests as the affected customer against our own interests in the unhindered, undisturbed and sound continuation of our business. Criteria taken into account when imposing a measure are:

• the meaning and significance of the specific content and its potential for infringement or harm,
• the frequency with which you publish inadmissible content,
• the ratio of your publication of inadmissible content to your other use of the services,
• where recognisable, the intentions you pursue by publishing inadmissible content,
• where recognisable, whether and to what degree you are at fault.

10.6 If you frequently submit manifestly unfounded reports or complaints, we will, after a prior warning, suspend the processing of your reports and complaints for a reasonable period.

11) Remuneration and terms of payment

11.1 Unless otherwise stated in our service description, the prices stated are net prices plus statutory VAT.

11.2 The payment options and payment terms are communicated to you on our website.

11.3 We invoice the remuneration in advance for the agreed service period, and you can pay it by bank transfer to the bank account we have specified. Unless otherwise stated in the invoice, the invoice amount is due for payment immediately.

11.4 If you select a payment method offered via the payment service "Stripe", payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). We inform you on our website of the individual payment methods offered via Stripe. To process payments, Stripe may use further payment services, for which special terms of payment may apply, to which you may be referred separately. Further information on Stripe is available on the internet at https://stripe.com/en-de.

12) Contract term and termination

12.1 The contract is concluded for an indefinite period, but at least for the duration of our first billing interval (minimum term). During the minimum term, you can terminate the contract at any time with effect from the end of the minimum term and, after the minimum term has expired, at any time with effect from the end of any further billing interval. The respective billing intervals are set out in the service description on our website.

12.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end or until the expiry of a notice period.

12.3 Notices of termination may be given in writing, in text form (e.g. by e-mail) or electronically via the cancellation facility (cancellation button) provided by the provider on its website.

12.4 After the end of the paid contract, you can continue to access certain free basic functions of your user account, as shown in our service description, until the contract is finally terminated. This does not apply if, according to its content, the termination has ended the contract completely from the outset. After complete termination of the contract, you lose access to your user account. Our obligation to store the data you have posted also ends upon termination of the contract.

13) Liability for defects

13.1 If you act as a consumer, the statutory provisions on liability for defects apply.

13.2 If you act as an entrepreneur, the statutory provisions on liability for defects apply subject to the following restrictions.

13.2.1 You must notify us without undue delay of any defects, disruptions or damage that occur.

13.2.2 We exclude warranty for merely insignificant reductions in the suitability of the service.

13.2.3 Our strict liability under section 536a (1) of the German Civil Code (BGB) for defects that already existed at the time the contract was concluded is excluded.

13.2.4 Termination by you on the grounds that contractual use has not been granted is only permissible once we have had sufficient opportunity to remedy the defect and this has failed. Remedy of the defect is only deemed to have failed if it is impossible, if it is refused by us or unreasonably delayed, if there are justified doubts as to its prospects of success, or if it is unreasonable for you as a customer for other reasons.

14) Liability

We are liable to you for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

14.1 We are liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a promise of guarantee, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

14.2 If you act as a consumer resident in Germany or as an entrepreneur, the following limitations of liability apply:

If we negligently breach an essential contractual obligation, our liability is limited to the damage typical for the contract and foreseeable, unless we are liable without limitation under the preceding clause. Essential contractual obligations are obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. Otherwise, any liability on our part is excluded, unless we are liable without limitation under the preceding clause.

14.3 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

15) Indemnification

You indemnify us against all claims asserted against us by other customers or other third parties on account of the infringement of their rights by content posted by you or by your other use. In this context, you also bear the necessary costs of legal defence, including all court and lawyers' fees at the statutory rate. This does not apply if you are not responsible for the infringement. In the event of a claim by third parties, you are obliged to provide us without undue delay, truthfully and completely, with all information required to examine the claims and to defend against them.

16) Confidentiality

We undertake to maintain secrecy about all confidential information of which we become aware in connection with this contract and its performance and not to disclose it to third parties. Confidential information is information that is marked as confidential or whose confidentiality follows from the circumstances, regardless of whether it was communicated in written, electronic, physical or oral form. The confidentiality obligation does not apply insofar as we are obliged to disclose the confidential information by law or on the basis of a final or legally binding official or court decision.

17) Data processing on behalf of the customer

17.1 Insofar as the provider processes personal data on behalf of the customer within the scope of the services, the data processing agreement (DPA), including its annexes, applies. The DPA forms part of these GTC and is concluded upon their acceptance at registration; no separate signature is required. After registration, the customer can access the currently valid version of the DPA as a PDF at any time in their account under "Documents"; before registration, they can obtain it on request from [email protected]. The provider notifies the customer in text form of changes to the DPA at least 30 days before they take effect. In the event of conflicts between these GTC and the DPA, the DPA takes precedence in matters of data protection.

17.2 The DPA also applies if the customer is itself a processor for a third party (for example as an agency for its clients); in this case, the provider is a sub-processor.

17.3 In their account, the customer can also generate a version of the DPA issued in its name, stating the company, the name of the issuing person and the date. This version serves as evidence towards third parties and does not change the content of the DPA.

17.4 The notification under clause 17.1 also applies to changes to the list of sub-processors. The customer may object to the use of a new sub-processor within this period. If no agreement is reached, the customer is entitled to extraordinary termination. In all other respects, the provisions of these GTC on amendments to the contract apply.

18) Amendments to the GTC

18.1 We reserve the right to amend these GTC at any time, provided that you consent to the amendment.

18.2 We further reserve the right to amend these GTC without your consent

• insofar as we are obliged to do so due to a change in the legal situation;
• insofar as we thereby comply with a court judgment or an official decision directed against us;
• insofar as we introduce additional, entirely new services, offerings or service elements that require a service description in the GTC, unless the existing usage relationship is thereby adversely changed;
• if the amendment is merely advantageous for you; or
• if the amendment is purely technical or procedural, unless it has significant effects for you.

18.3 We will inform you of material amendments to these GTC in good time and in an appropriate form. Material amendments are those that would shift the contractual relationship considerably to your disadvantage or would amount to the conclusion of an entirely new contract. These include, for example, provisions on the type and scope of the service or on the contract term and termination arrangements.

18.4 Your right of termination remains unaffected.

19) Applicable law, place of jurisdiction

19.1 All legal relationships between us are governed by the law of the Federal Republic of Germany. If you act as a consumer, this choice of law applies only insofar as it does not deprive you of the protection granted by mandatory provisions of the law of the state in which you have your habitual residence.

19.2 If you act as a merchant, a legal entity under public law or a special fund under public law with your registered office in the territory of the Federal Republic of Germany, our place of business is the exclusive place of jurisdiction for all disputes arising from this contract. If your registered office is outside the territory of the Federal Republic of Germany, our place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from it can be attributed to your professional or commercial activity. In the above cases, however, we are in any event entitled to bring an action before the court at your registered office.

20) Alternative dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

B. Annex: Provisions on switching providers

1) Scope of application

The following provisions apply in the event that you wish to switch to another provider or to on-premises ICT infrastructure.

2) Definitions

2.1 "Data processing service" within the meaning of these GTC is a digital service that is provided to you and that enables ubiquitous and on-demand network access to a shared pool of configurable, scalable and elastic computing resources of a centralised, distributed or highly distributed nature that can be rapidly provisioned and released with minimal management effort or minimal interaction on our part.

2.2 "Digital assets" within the meaning of these GTC are elements in digital form, including applications, for which you have a right of use, independently of the contractual relationship with the data processing service you wish to switch from.

2.3 "On-premises ICT infrastructure" within the meaning of these GTC means ICT infrastructure and computing resources that are owned, rented or leased by you, located in your own data centre and operated by you or by a third party.

2.4 "Switching" within the meaning of these GTC is a process involving us, you as the customer and, where applicable, a destination provider of data processing services, in which you change from using our data processing service to using another data processing service of the same service type, or another service offered by a different provider of data processing services or by on-premises ICT infrastructure, including through extracting, transforming and uploading the data.

2.5 "Exportable data" within the meaning of these GTC are input and output data, including metadata, directly or indirectly generated or co-generated by your use of the data processing service, excluding any assets or data of ours or of third parties that are protected by intellectual property rights or constitute a trade secret.

3) Pre-contractual information

3.1 Before you order the data processing services, we provide you with clear information on the following:

• our standard remuneration and, where applicable, penalties for early termination;
• the switching charges;
• services that require highly complex or costly switching, or for which switching is impossible without significant interference in the data, digital assets or service architecture, where relevant;
• specific services to which the obligations relating to switching and termination do not apply, where applicable;
• an exhaustive list of the categories of data and digital assets that can be transferred, including at least all exportable data;
• an exhaustive list of the categories of data that are specific to the internal functioning of our data processing service and are exempt from the data export obligation where there is a risk of breaching our trade secrets;
• clear information on known risks to the continuity of the provision of our functions or services.

3.2 Our online register of data structures and data formats, relevant standards and open interoperability specifications for data is available on our website.

4) Switching and exit plan

4.1 We agree with you on a switching and exit plan (hereinafter "plan"), which contains in particular the following:

• details of the switching and exit assistance, including the porting methods and formats and the steps required to carry out the switching process;
• the contact persons named by you and by us for implementing the plan;
• an estimate of the time required to export and transfer your data and digital assets from the environment of the original provider;
• restrictions and technical limitations, including those resulting from the storage of data outside the EU;
• a description of the sequence of operations proposed by us;
• a description of the testing method proposed by us, if tests are carried out.

4.2 At your request, we must provide the personnel named by you (or other third parties authorised by you) with information explaining the relevant procedures.

4.3 At your request, we undertake either to organise a test or to support you in your tests in order to verify whether the plan works in practice for exportable data and digital assets. If problems arise during the test, we will jointly analyse the causes in good faith and work towards solutions.

4.4 We and you undertake to update the plan where necessary and, at least at your request, to examine whether changes are required.

5) Initiating the switching process

5.1 You must send us a switching notice, observing a notice period of 2 months, stating that you are initiating the switch. If you only wish to transfer certain services, data or digital assets, you must state this in the notice.

5.2 In the switching notice, you must inform us whether you intend:

• to switch to another provider of data processing services, in which case you should provide the necessary details of the destination provider;
• to switch to your own on-premises ICT infrastructure; or
• not to switch, but only to delete your exportable data and digital assets.

5.3 We will confirm receipt of the switching notice to you within 3 working days at the latest, using the same means of communication that you used.

6) Transition period

6.1 The transition period is 30 calendar days and begins upon expiry of the notice period for initiating the switching process.

6.2 If we are unable to meet the agreed transition period for technical reasons, we undertake:

• to notify you in writing or in text form within 14 working days of receipt of your notice;
• to specify an alternative transition period, which may not exceed seven (7) months from the date of your notice; and
• to give adequate reasons for the technical unfeasibility.

You must confirm receipt of this extension notice in writing or in text form within 3 working days.

6.3 You may extend the transition period once by a period you consider appropriate for your purposes, but not by more than 3 months. For complex migrations, we may by mutual agreement agree on a longer period, but not exceeding 12 months. You must inform us in writing or in text form of your intention by the end of the original transition period and state the alternative transition period. We will confirm receipt of such an extension notice in writing or in text form within 3 working days.

7) Obligations of the provider during the switching process

We undertake to support you and third parties commissioned by you in an appropriate manner from the start and throughout the entire switching process, so that you can switch within the agreed transition period. For this purpose, we must in particular:

• provide capabilities, adequate information (including the documentation required to carry out the switch) and technical assistance. If problems are identified, we and you will analyse the causes in good faith and work towards solutions;
• act with due care to maintain business continuity and continue to provide the functions or services under the contract;
• maintain a high level of security throughout the switching process, in particular for the security of the data during their transfer.

8) Obligations of the customer

8.1 You undertake to take all reasonable measures to achieve an effective switch. You are responsible for importing and implementing data and digital assets into your own systems or into the systems of the destination provider.

8.2 You or third parties commissioned by you, including the destination provider, undertake to respect the intellectual property rights and trade secrets in the materials provided by us in the switching process. You further undertake to grant third parties or the destination provider access to these materials, and where applicable sublicences for their use, only to the extent necessary to carry out the switching process until the end of the agreed transition period, including the alternative transition period, and in doing so to respect the confidentiality obligations and the intellectual property rights granted by us.

9) Retrieval and deletion of data

9.1 You can retrieve or delete your data during the agreed data retrieval period. The data retrieval period is 90 calendar days and begins after the expiry of the agreed transition period. We may jointly agree on a longer period if this is appropriate taking into account our mutual interests.

9.2 After expiry of the agreed retrieval period and upon successful completion of the switching process, we undertake to delete all exportable data and digital assets generated by you or directly relating to you, and to confirm to you that we have done so. This does not apply to exportable data that we are required to retain under mandatory EU law or the law of the EU member states, provided that we inform you which exportable data we retain, for how long and for what reasons.

10) Remuneration for the switching process and exit charges

We do not charge any additional remuneration for the switching process.

11) End of the switching process

11.1 As soon as you inform us that the switching process has been successfully completed, we will inform you without undue delay of the termination of the contract. If you do not inform us of the successful switch or of its failure, although we have legitimate reason to assume that you have successfully completed the switch, we may request confirmation from you that the switch has been successfully completed. If you do not confirm the successful switch within 30 working days of this request, we will assume that the switch was not successful, and the contract will not be terminated but will continue on the existing terms.

11.2 If you do not wish to switch but wish to delete your exportable data and digital assets, we undertake to inform you of the termination of the contract at the end of the agreed notice period.

12) Termination of the contract

12.1 The contract is deemed terminated when one of the following events has fully occurred:

• upon successful completion of the switching process;
• after expiry of the notice period, if you do not wish to switch but wish to delete your exportable data and digital assets upon termination of the service.

12.2 If our contract or our GTC contain clauses on termination on the basis of statutory provisions or related cases, such as the following:

• a contracting party applies for a deferral or suspension of payments, or a contracting party has been declared insolvent;
• a contracting party still fails to fulfil in time an essential or other obligation under the contract which (either contractually or by law) leads or could lead to termination of the contract;
• you learn of a change in ownership or in the power of disposal which contractually or by law leads or could lead to termination of the agreement;
• the agreement is declared void owing to a breach of, or a change in, the applicable mandatory law; or
• similar or identical situations, or other situations which contractually or by law lead or could lead to termination of the agreement,

the agreement, together with the agreed services and functions, will not be terminated or expire before one of the events under the preceding clause has clearly occurred. This does not affect any other rights or remedies that we or you have against the respective other party.

You may agree with us on success criteria and milestones for the switch and report on the status of their achievement during the switching process. In any case, you must inform us of the successful switch.

12.3 If the switching process cannot be successfully completed, we and you must cooperate in good faith to improve the switching process and to achieve a successful completion, to enable timely data transfer and to maintain the continuity of the services. In doing so, at your request, we must support you in identifying the reasons for the unsuccessful switch and inform you how the identified obstacles can be removed or circumvented.

• You will engage the destination provider on your behalf at your own discretion.
• Without prejudice to other remedies available under applicable law, the agreement will not be terminated or expire before the successful completion of the switching process or before a corresponding decision of a competent court or of a forum chosen and agreed by us and you.
• In the event of conflicts or inconsistencies between these clauses and other agreements between us and you on the termination of the contract, these clauses take precedence.

12.4 The switching process is deemed to have been successfully completed when:

• the agreed notice period has expired,
• the transition period has begun after expiry of the notice period,
• the data retrieval period has begun after expiry of the transition period, and
• the deletion of data has been successfully completed after expiry of the data retrieval period or after expiry of an alternatively agreed period following successful completion of the switching process.

12.5 If, at the end of the transition period, you decide not to delete all your exportable data and digital assets at the end of the agreed data retrieval period and wish to ensure that they remain available for a certain additional time with restricted functionality, or if you have agreed with us to maintain the contract without the provision of certain services, unless you expressly instruct this, this can only take place after:

• the agreed notice period has expired,
• the transition period has expired, and
• an alternative period for data retrieval and other conditions for the service with restricted functionality or for maintaining the contract between you and us have been agreed (in particular permission for us to delete the data after the alternative data retrieval period and/or the determination of the remuneration for this additional period).

If the alternative data retrieval period and other conditions for the service during this time are proposed by us, the contract may not be terminated or expire before you, at your own discretion, accept the deletion and have clearly confirmed that the contract has ended.

12.6 Our mutual right to end the contractual relationship under an open-ended contract by ordinary termination remains unaffected, provided that the reason for termination lies neither in a switch of provider nor, on your side, in an intention to delete data.

12.7 If the contract was expressly concluded for a fixed term and the expiry date is reached before the switching process has been completed, and you have not requested the deletion of your exportable data and digital assets,

• the transition period begins on the expiry date of the contract and we provide reasonable assistance with the switch;
• the above provisions on a successful or unsuccessful completion of the switching process apply accordingly.

Version: 3 October 2026. Translation of the German original.

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