1. Scope

1.1 These General Terms and Conditions (“Terms”) apply to the use of enerjoy, a mobile app of IWB Industrielle Werke Basel (“IWB”), which supports the user (“User”) in reducing his or her personal carbon footprint in a targeted manner through tracking, data-based coaching, game-based challenges and carbon offsetting (“enerjoy” or the “App”).

1.2 By registering in enerjoy, the user agrees to the terms and conditions of use.

2. Conditions of use

2.1 Minimum age, place of residence, operating system

2.1.1 enerjoy is available for private use by individuals who are at least 18 years old and reside in Switzerland. Commercial use is not permitted.

2.1.2 The requirement for use is an iOS or Android operating system, in each case in the latest version. The functionality of enerjoy cannot be guaranteed for older versions (further information at https://www.enerjoy.ch/supportcenter/). A browser-based version is not available.

2.2 Download, registration and user account

2.2.1 enerjoy is available in the Apple and Google app stores (Apple App Store and Google Play Store) and can be downloaded there by the user free of charge.

2.2.2 Registration in the app with a valid e-mail address, password, and user name is required for use. The user name, which is visible to other users as part of challenges (section 3.1.1), can in principle be freely chosen. However, in order to exclude commercial use, domain names and/or web addresses (URL), also in combination with other characters, are not permitted as user names.

2.2.3 After registration and verification of the e-mail address provided, the user receives a user account with enerjoy, in which he can provide and individually edit further information about himself (such as gender, personal motivation, and goals) and about the areas of “nutrition”, “mobility”, “energy” and “consumption”. The information provided is the basis for the functionalities of enerjoy (section 3.1).

2.2.4 The user account may be temporarily or permanently blocked by IWB in case of suspected misuse or a violation of the terms of use (in particular clauses 2.1.1, 6.1, and 6.2); in such a case there is no claim for compensation. The user himself/herself can delete his/her user account at any time without giving reasons via the settings in the user account.

3 Functionalities and extend of use

3.1 Functionalities

3.2.1 Basic version

The basic version of enerjoy is free of charge for the user.

3.2.2 Premium version

The extended offer of the premium version is chargeable and has to be activated by the user. The user can choose between different subscriptions. The range of functionalities, costs, and duration of the subscriptions are based on the information in the app.

The durations stated in the app are understood to be minimum durations, i.e. the subscription is renewed for the agreed duration (“renewal period”) if it is not effectively terminated by the User or IWB at the end of the agreed duration or at the end of the corresponding renewal period.

The User shall terminate the subscription with the operator of the app store selected by the User (i.e. via iTunes if using the Apple app store and via the Google profile settings if using the Google Play store) in accordance with the terms and conditions applicable there; termination by IWB by e-mail to the User and with a notice period of two weeks to the end of the agreed (minimum) term or to the end of the corresponding renewal period.

3.2.3 CO2 Offset

The CO2 compensation is an additional offer in the basic as well as in the premium version of enerjoy. Different subscriptions are available to the user for the CO2 offset. The content, costs, and duration of the subscriptions are based on the information in the app.

The durations stated in the app are each understood as a minimum term, i.e. the subscription will be renewed again for the agreed duration (“renewal period”) in each case if it is not effectively terminated by the user or IWB at the end of the agreed duration or at the end of the corresponding renewal period.

Cancellation of the CO2 Offset subscription can be made by the User in the settings of the App no later than 48 hours before the end of the (minimum) duration or the corresponding extension period; cancellation of the subscription by IWB shall be made by e-mail to the User and with a notice period of two weeks to the end of the agreed duration or to the end of the corresponding extension period.

3.3 Customization of the functionalities/the scope of use

3.3.1 IWB reserves the right to adjust the functionalities and scope of use of enerjoy – both in the basic and premium versions. The right to make adjustments also applies to subscriptions as part of the CO2 offset. IWB shall inform the user of the adjustments appropriately in each case.

3.3.2 If the adjustments have a negative impact on an existing subscription, the User shall be entitled to terminate the subscription affected by the adjustment prematurely with effect from the date on which the changes come into force and to delete his user account or to continue without the corresponding subscription.

4. Prices and payment

4.1 The prices stated in the app are net prices plus VAT.

4.2 Subscription prices shall be paid by the User in advance in each case, i.e. immediately after purchase of the respective subscription for the agreed duration (minimum duration, clause 3.2.2 and clause 3.2.3) and then, in the event of a contract extension (clause 3.2.2 and 3.2.3), at the beginning of the respective extension period.

4.3 Payment of the prices for the Premium Subscription shall be made via the operator of the app store selected by the User (i.e. via iTunes if using the Apple app store and via the Google profile settings if using the Google Play store) in accordance with the conditions applicable there. If the payment fails for reasons for which the User is responsible and IWB incurs costs vis-à-vis the App Store operator as a result, the User shall reimburse IWB for these costs.

4.4 Payment for the CO2 Offset subscription shall be made by credit card. If the credit card payment fails for reasons for which the User is responsible and IWB incurs costs vis-à-vis the payment service provider as a result, the User shall reimburse IWB for these costs.

5. Newsletter

The user agrees to receive an e-mail newsletter from IWB. The newsletter is sent out monthly and informs the user about topics relating to enerjoy.

The user can revoke his consent to receive the newsletter at any time and unsubscribe via the link provided in the newsletter.

6. Duties of care and responsibility of the user

6.1 Der Nutzer verpflichtet sich zur sorgfältigen, rechts- und vertragskonformen Nutzung von enerjoy. Er verpflichtet sich insbesondere:

• to refrain from commercial use (such as advertising for commercial websites, own products or services) (see section 2.1.1);
• to follow the instructions provided by IWB when implementing the measures recommended as part of the coaching (section 3.1.1) in order to avoid any risks of injury or health risks;
• to respect the rights of third parties (such as, in particular, personal rights and intellectual property rights) when providing their own content.

6.2 The user bears sole responsibility for the content provided by him. IWB does not undertake to check user-generated content in advance. The provision of content of a pornographic, sexual, violent, racist, inciting, discriminatory, insulting, or defamatory nature is prohibited.

6.3 In the event of a breach of the obligations under clause 6, the User shall indemnify IWB against all related claims of third parties and bear all costs associated with any legal action. IWB reserves the right to assert further claims.

7. Start, duration, and termination of use

7.1 Membership begins with the registration of the user and is valid for an indefinite period of time.

7.2 In the basic version of enerjoy (clause 3.2.1) the user can terminate the membership by deleting his user account at any time without giving reasons. A termination by IWB may be effected by e-mail with a notice period of two weeks; IWB reserves the right to block the account (clause 2.2.4) and/or to terminate the contract immediately for good cause. Good cause shall be deemed to exist in particular if the user breaches his obligations under clause 6.1 or 6.2.

7.3 In the premium version of enerjoy (cipher 3.2.2) and/or during the term of a subscription for a CO2-offset (cipher 3.2.3) the user can terminate the user relationship by canceling his subscriptions (according to cipher 3.2.2 as well as 3.2.3) and deleting his user account at the end of the term of his subscriptions without giving reasons. Without deletion of the user account, the user relationship in the basic version remains in force. Termination of the user relationship in the premium version by IWB may be effected by notice of termination in accordance with Sections 3.2.2 and 3.2.3. The right of immediate termination for good cause is reserved for both the User and IWB. For IWB, good cause shall be deemed to exist in particular if the User breaches its obligations under Clauses 6.1 or 6.2.

7.4 If the user terminates the membership for good cause in accordance with section 3.3.2 (due to an adjustment to the functionalities/scope of use of enerjoy which is disadvantageous to him) or in accordance with section 10.2 (due to an adjustment to the terms of use which is disadvantageous to him), he shall be entitled to claim back from IWB the fees already paid in advance for the premium version of enerjoy or the CO2 offset. In all other cases of premature termination of the usage relationship, claims by the user for repayment of subscription fees already paid are excluded.

8. Liability of IWB

8.1 IWB is committed to ensuring the highest possible availability of enerjoy without interruptions. However, it does not guarantee that the functionalities of enerjoy can be used free of interruptions or malfunctions.

8.2 IWB shall only be liable for breaches of duty arising from the user relationship in the case of intent or gross negligence. Liability for slightly negligent breaches of duty is excluded. In particular, liability for loss of profit, indirect damage, and consequential damage is excluded.

9. Data privacy

9.1 The personal data provided by the user in the app will be processed by IWB exclusively for the purpose of providing the functionalities of enerjoy (section 3.1). IWB’s data protection policy applies to the processing of data.

9.2 The user may adjust and delete his personal data in the user account at any time. In the event of a deletion of the user account by the user or a final blocking of the user account by IWB, the personal data will be deleted after 30 calendar days at the latest, unless they are required as evidence for the assertion of claims in connection with the use of enerjoy beyond this period.

10. Changes to the terms of use

10.1 IWB reserves the right to amend the Terms of Use. IWB shall inform the user in advance of any adjustments in a suitable manner. If the user continues to use enerjoy after being informed of the amendment to the terms of use, the user declares that he agrees to the amended terms of use.

10.2 In the case of a change to the terms of use which is detrimental to the user with regard to the premium version of enerjoy, the user shall be entitled to terminate his subscription prematurely for good cause on the date on which the changes come into force and either delete his user account or continue to use the basic version.

11. Final provisions

11.1 Should individual provisions of the Terms of Use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by a provision that comes as close as possible to the original provision.

11.2 Swiss law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Basel.