App Terms & Conditions

ARTICLE 1 – DEFINITIONS:

1.1. Company, us, we: , DiGEN Labs a limited company incorporated under the laws of Austria, with its registered office at Salurner Straße 22, 6330 Kufstein, as the creator, operator, and publisher of Combinder, makes Combinder and certain Services on it available to its Users. Combinder, Company, us, we, our, ours, and other first-person pronouns will refer to the DiGEN Labs, as well as all employees and affiliates of the Combinder Ecosystem.

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1.2. You, the User: You, as a User of Combinder or any of the Combinder Services, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User.

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1.3. Parties: Collectively, the parties to this Agreement (the Company and you) will be referred to as “Parties.”

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1.4. Devices: “Devices” refer to distributed energy resources (DERs), such as electric vehicle (EV) chargers, smart home appliances, smart sockets, heating systems, and other energy-consuming or generating appliances, that are tagged with energy data submissions through the Combinder Services. Devices may not be Users of the Combinder Services; they refer to physical equipment associated with Users.

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1.5. Mobile App: The "Mobile App" refers to, and is not limited to, the software application developed and provided by the Company, Combinder, for use on mobile devices such as smartphones and tablets. The Mobile App allows Users to access and utilize the Combinder Services.

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1.6 Campaign Addenda: “Campaign Addenda” refers to supplemental terms published in connection with limited-time Combinder promotions, raffles, or device sales. These Addenda form part of the overall Agreement and apply only to those Users participating in the relevant campaign.

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ARTICLE 2 – ASSENT & ACCEPTANCE:

By using the Combinder Services, you warrant that you have read and reviewed this Agreement and agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the Combinder mobile application and cease any use of the Combinder Services. The Company only agrees to provide use of Combinder and the Services to you if you assent to this Agreement. BY USING COMBINDER, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BE BINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION. Further information can be found in ARTICLE 36.3 below.

From time to time, Combinder may publish Campaign Addenda that supplement these Terms. By participating in such campaigns, you agree to be bound by those supplemental terms in addition to this Agreement.

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ARTICLE 3 – AGE RESTRICTION & CRIMINAL REGISTRATION:

You must be at least 18 years of age to use Combinder or any Services contained herein. By using Combinder, you represent and warrant that you are at least 18 years of age and may legally enter into a binding contract with Combinder. We disclaim any liability for any misrepresentation of your or any other User’s age. You further represent and warrant that you are not currently on, and have never been on, any sex offender registry in any local, state, or federal jurisdiction, are not a convicted felon, and are not prohibited from using Combinder under the laws of any applicable jurisdiction. Specifically, you represent and warrant that you are not on the U.S. Treasury Department’s list of Specially Designated Nationals. The Company assumes no responsibility or liability for any misrepresentation of your age.

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ARTICLE 4 – DESCRIPTION OF SERVICES:

The Combinder Service allows Users to measure and share data related to energy consumption and/or generation from Devices using Combinder. Users submit information such as energy consumption, generation patterns, Device type, and location data. These metrics may be displayed alongside User inputs on Device status or consumption patterns. This data, collectively referred to as the “Energy Submission Data,” provides a resource for Users and Energy Service Providers (ESPs) interested in the aggregation and use of Distributed Energy Resources (DERs) through Combinder.

You are responsible for the accuracy of the Energy Submission Data, and it is your obligation to ensure the data is correctly submitted. Combinder may delete any Energy Submission Data in its sole and exclusive discretion, specifically retaining the right to delete submissions deemed inaccurate, fake, or fraudulent.

When sharing measurement data with any third party, all data will be anonymized to exclude User-identifiable information, but may include Device type, geographic coordinates, energy-related metrics, and other metadata relevant to Combinder’s goals of enhancing smart energy systems.

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ARTICLE 5 – MEASUREMENT DISCLAIMER:

Our Service uses smart meters and other integration tools to approximate energy consumption or generation levels of connected Devices. This is not a replacement for professional, calibrated measuring equipment, and we make no assurances as to the accuracy of the measurements displayed. We hereby disclaim any liability for inaccuracies in the data. Many factors affect the measurement and may vary, including Device condition, placement, environmental factors, time of day, and other variables. As such, energy consumption and generation data shown on Combinder are based on historical averages, but we make no guarantee of future accuracy.

By using Combinder, you affirm and acknowledge the above. We take no responsibility and assume no liability for the accuracy of the Energy Submission Data.

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ARTICLE 6 – EARNING BIND POINTS:

“Bind Points”, are called “$BIND” in the mobile app and are units of exchange that users of the App may generate through verified energy data measurement and uploads. BIND Points may be used to access certain features or benefits that are offered via the App, such as premium analytics or device optimization insights. BIND Points cannot be redeemed for cash from Combinder or any of its affiliates.

We reserve the right to destroy BIND Points that we have reason to believe have not been created through verified energy data uploads and to suspend or disable any Combinder Account used in such a way.

We reserve the right to destroy or redistribute BIND Points that we have reason to believe have been obtained through fraud, for instance, by defrauding another Combinder user, and to suspend or disable any Combinder Account used in such a way.

We reserve the right and retain the absolute discretion to determine and alter, from time to time, the verification algorithms and volumes of verified uploads required to generate BIND Points using the App.
Combinder may also offer limited-time campaigns where users can earn BIND Points, digital rewards, or raffle entries by connecting eligible devices, participating in referral programs, or completing other predefined actions. These rewards are discretionary, non-transferable, and subject to verification and fraud checks.

We may cap the maximum amount of BIND Points that users of the App may generate each day using the App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we choose to apply, and we may increase or decrease such caps from time to time.

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ARTICLE 7 – DIGITAL BADGES

From time to time, Combinder may offer digital badges, which are planned to be made redeemable for exclusive perks through the app in the future. These badges hold no monetary value, and future perks are subject to change.
Badges may be used to access certain features or benefits that are offered via the App, such as premium education material. Badges cannot be redeemed for cash from Combinder or any of its affiliates.

We reserve the right to destroy or redistribute badges that we have reason to believe have been obtained through fraud, for instance, by defrauding another Combinder user, and to suspend or disable any Combinder Account used in such a way.

We reserve the right and retain the absolute discretion to determine and alter, from time to time, the activities required to generate badges.

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ARTICLE 8 – REWARDS, REFERALS & PRIZE DRAWS

Prize Draws

From time to time, Combinder may offer you the chance to enter into prize draws sponsored by Combinder, or one of our third-party partners. The name of the third-party partner will be identified when you enter the prize draw, along with any specific terms relating to the prize draw. Each prize draw will be subject to Combinder’s general prize draw terms.

• Participation: Participation in Combinder’s rewards or prize draws is entirely voluntary and may require ownership of BIND Points, gained through verified measurements.
• No Obligation: Combinder is under no obligation to conduct a monthly or other regular prize draw. The Company reserves the right to cancel, postpone, or modify the terms of any prize draw at its sole discretion, without prior notice to participants.
• No Guarantee of Winning: Participation in a prize draw does not guarantee a prize. The selection of winners is random, and the outcome is final.
• Prize Fulfillment: If prizes are awarded, Combinder will make reasonable efforts to fulfill delivery to the winners. However, Combinder is not liable for delays, failures, or complications in the prize fulfillment process due to factors beyond its control.
• Legal Compliance: The prize draws are subject to all applicable laws and regulations. It is the responsibility of participants to ensure that they are legally permitted to take part in the prize draw under their local laws.

Community Video Challenge

From time to time, Combinder may host creative community campaigns such as our “Combinder In Action”. This campaign invites users to create and share short videos that reflect their personal experience with Combinder. The most engaging entries will be rewarded with prizes.

• Participation & Eligibility
  Participation is voluntary and open to individuals aged 18 or older. To enter, participants must submit an original video from their perspective as a Combinder user. Entries must comply with all submission guidelines published in the campaign announcement.‍
• Submission Guidelines
  Participants are required to upload their video to a public platform (such as X, Instagram, or TikTok), tag the official Combinder account, and/or use the designated campaign hashtag. By submitting, users confirm they are the rightful creator and grant Combinder permission to use their video content.‍
• Use of Submitted Content
  By entering, you grant Combinder and its partners a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, and display your video in connection with Combinder’s promotional and community activities. No further approval or compensation will be required.‍
• Prizes
  The campaign may include rewards such as:
  • 1x Main Prize: 100 USDC
  • 3x Runner-up Prizes: Shelly Smart Plugs or similar items. Prizes are non-transferable and cannot be exchanged for cash equivalents. Combinder reserves the right to replace any item with a similar or higher-value reward if needed.‍
• Winner Selection
  Winners will be selected by Combinder based on creativity, quality, and relevance. Combinder’s decisions are final and binding. Winners will be notified via email or direct message on the platform used for submission.‍
• Legal Notice
  By entering the challenge, you confirm compliance with local laws. The campaign is void where prohibited. Combinder is not responsible for any technical difficulties, ineligible entries, or delivery issues.‍
• Disqualification & Content Standards
  Combinder reserves the right to disqualify submissions that are offensive, misleading, plagiarized, or violate campaign rules.

Campaign-Based Prize Draws
From time to time, Combinder may organize promotional prize draws as part of specific campaigns. Entry may be conditioned on actions such as device activation, referrals, or other defined user behavior.

Participants agree that:

• Entry does not require a purchase
• Odds of winning depend on the number of eligible entries
• Entry may be limited to certain geographic regions
• Combinder may disqualify users suspected of manipulation, fraud, or automated behavior

Prizes will be communicated in the relevant campaign documentation and are not redeemable for cash unless otherwise stated.

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Referral Program Terms
Combinder may offer referral programs where Users are given a unique code to invite others to the platform. These programs may provide raffle entries, reward points, or other benefits based on the number of successful referrals.

Combinder reserves the right to:

• Limit the number of rewards per user
• Disqualify self-referrals or duplicate accounts
• Audit referral activity for suspicious behavior
  Referral-based rewards are not guaranteed and are subject to campaign-specific limits.

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ARTICLE 9 – DATA SAMPLES

Combinder may display or communicate “Data Samples,” which may include aggregated data related to energy usage patterns, device status, and consumption or generation trends. These Samples are the sole and exclusive property of Combinder. You may not distribute, modify, transmit, reuse, download, repost, copy, or use these Data Samples, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Combinder.

Additionally, Combinder makes no guarantees as to the accuracy or reliability of any of the information contained in these Data Samples, as they are compiled from information submitted by Users. You represent and warrant that any reliance on the Sample Data is done at your own risk. We disclaim any liability or responsibility for any inaccuracy found in the data.

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ARTICLE 10 – USER RECOMMENDATIONS:

Combinder permits Users to provide recommendations on energy usage practices, device performance, and general energy-saving tips through the Combinder Services. Combinder expressly disclaims any responsibility or liability for inaccuracies or errors in information provided by Users about particular devices or practices. We do not warrant or affirm any User recommendations, and each User is ultimately responsible for determining the appropriateness of any specific recommendation or practice for their needs. Combinder is not liable for any damage, loss, inefficiencies, or other problems that may arise from the use or misuse of our Services or User recommendations.

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ARTICLE 11 – ACCOUNT INFORMATION:

If you choose to register with Combinder, you can do so via supported registration methods, such as providing your name, email address, or through an external service like Google or Apple ID. These registration methods may be linked to your Energy Submission Data, but will always be anonymized and never shared with third parties without your explicit consent (please refer to our Privacy Policy for more information).

You are responsible for ensuring the continued accuracy of your account information, which allows you to use Combinder Services on a regular basis. You agree not to share any identifying information with third parties, and if you discover that your information has been compromised, you will notify us immediately via email at support@combinder.io. You are responsible for any and all activities or actions that occur under your account and/or password.

Providing false or inaccurate information, or using Combinder or the Services to further fraud or unlawful activity, is grounds for the immediate termination of your account and this Agreement.

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ARTICLE 12 – REMOVAL REQUESTS:

Any entity tagged within the Combinder network (such as an energy service provider or other third-party entity) has the right to request the removal of information tagged to their profile. While Combinder does not guarantee that a request will result in removal from the Combinder database, we will review every request, especially as such requests relate to internal policies and protocols of the requesting entity.

Combinder may delete data it deems inaccurate, out-of-date, or otherwise inappropriate at its sole discretion. Requests for removal can be submitted by emailing support@combinder.io. Please note that, if we delete the data associated with your request, additional submissions tagged to your profile may occur in the future. In that case, another removal request would need to be submitted.

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ARTICLE 13 – ENTITY-SPECIFIC DISCLAIMER:

Combinder operates as a platform to facilitate the sharing of energy-related data and does not independently confirm, verify, or otherwise guarantee the accuracy or validity of any data submissions. Therefore, Combinder disclaims all responsibility for the submissions, postings, conduct, communications, or any actions or inactions of any User. Combinder shall not be liable to any entity for any claims of loss, damage, fees, or other expenses associated with our Services or the use or misuse of our Services by any User.

Combinder shall specifically not be liable for:

• Claims by any entity regarding regulatory compliance with Combinder’s Services;
• Claims by any individual or group related to any energy or utility company referenced within Combinder’s Services;
• Claims from associations or representative groups on behalf of energy providers, or from any legal entity referencing Combinder, the data, or our Services;
• Any other claims relating to Combinder data or its usage by third parties.

The exclusive recourse for any entity regarding Combinder data is a removal request as outlined in Article 13.

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ARTICLE 14 – LICENSE TO USE MOBILE APPLICATION:

Combinder grants you a personal, non-exclusive, limited, non-transferable, and revocable, worldwide license to use the Combinder mobile application (“Mobile App”) and related services solely in connection with the purpose of submitting and accessing energy data within the Combinder network.

The Mobile App and all materials related to it are the sole property of Combinder. You may not modify, distribute, download, copy, or reuse any aspect of the Mobile App, nor use it for any commercial purpose, without express written permission from Combinder. Violation of these terms will result in the termination of your license to use the Mobile App.

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ARTICLE 15 – INTELLECTUAL PROPERTY:

You acknowledge that Combinder and all services provided within it are the exclusive property of Combinder, including but not limited to all copyrights, trademarks, trade secrets, patents, and other intellectual property, as well as all designs, logos, software, and features within the mobile application or website (“Combinder IP”). You agree not to use or reproduce any Combinder IP in any way other than what is allowed under this Agreement. Unauthorized use of any Combinder IP without express permission may lead to legal action.

If you believe any of your intellectual property rights have been infringed through the use of Combinder, please contact us for resolution.

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ARTICLE 16 – DMCA POLICY:

Combinder allows users to post, submit, and share energy data and device-related information. We do not pre-screen content uploaded by users. Combinder takes claims of copyright infringement seriously and will respond to notices of alleged infringement that comply with applicable laws. If you believe content accessible through Combinder infringes upon your copyright, you may request its removal by contacting us.

For proper handling, DMCA takedown requests should include:

• Identification of the copyrighted material claimed to be infringed.
• Identification of the material on Combinder claimed to be infringing.
• Contact information for the requesting party.

ARTICLE 17 – ACCEPTABLE USE POLICY:

You agree to use Combinder and its services responsibly and in compliance with all local and federal laws. You further agree not to:

• Harass, threaten, or abuse others;
• Violate the intellectual property rights of Combinder or any third party;
• Upload viruses, malicious code, or any harmful software;
• Engage in fraudulent or deceptive practices;
• Use the platform to send spam or unsolicited messages;
• Misrepresent your affiliation or identity;
• Attempt unauthorized access to Combinder’s systems;
• Use bots, web crawlers, or any automated methods to access Combinder data.

Violation of these terms may result in the suspension or termination of your account.

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ARTICLE 18 – EXPORT CONTROLS:

Combinder’s services are subject to export control laws in the United States and potentially other countries. By using Combinder, you agree to comply with all applicable export and import laws. This includes restrictions related to downloading software or data, which may not be allowed in some countries. You agree not to violate these regulations by exporting or re-exporting Combinder’s services to restricted countries or entities.

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ARTICLE 19 – SERVICE CHANGES:

Combinder reserves the right to update, modify, or discontinue any part of its services at its sole discretion. If such changes occur, this Agreement will continue to govern your use of Combinder, and you agree to accept these modifications. If you do not agree with the modifications, you must cease using the services immediately. Your continued use of Combinder following a change constitutes your acceptance of the modified terms.

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ARTICLE 20 – REVERSE ENGINEERING & SECURITY:

You agree not to undertake any actions that could compromise Combinder’s security or integrity. Specifically, you agree not to:

• Reverse engineer, disassemble, or attempt to access Combinder’s source code.
• Scan, probe, or test the security or vulnerability of Combinder without authorization.
• Use bots, web crawlers, or automated tools to extract data from Combinder.
• Interfere with the functionality of Combinder or its services.
• Upload any viruses, malware, or harmful code.

Violating these security provisions may result in termination of your account and possible legal action.

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ARTICLE 21 – DATA LOSS:

While Combinder implements reasonable security measures to protect user data, no data transmission over the internet is entirely secure. Therefore, you acknowledge and agree that your use of Combinder is at your own risk. Combinder is not liable for any data loss or security breaches resulting from unauthorized access or other factors beyond our control.

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ARTICLE 22 – INDEMNIFICATION:

You agree to indemnify and hold Combinder and its affiliates harmless from any claims, losses, damages, liabilities, including legal fees, arising out of your use or misuse of Combinder, breach of this Agreement, or violation of applicable laws. Combinder reserves the right to select its legal counsel and to participate in any defense at its discretion.

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ARTICLE 23 – SPAM POLICY:

Combinder prohibits any use of its services for spamming activities. This includes, but is not limited to, sending unsolicited messages, creating fake accounts, or attempting to gather personal information through deceptive practices. Accounts found violating this policy may be suspended or terminated immediately.

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ARTICLE 24 – THIRD-PARTY LINKS & CONTENT:

Combinder may contain links to third-party websites or services for user convenience. Combinder is not responsible for any third-party content or actions and makes no warranties regarding third-party sites. Your access to third-party links and services is entirely at your own risk, and Combinder recommends reviewing any third-party terms and conditions.

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ARTICLE 25 – MODIFICATION & VARIATION:

Combinder reserves the right to modify or update this Agreement at any time. Modifications will be effective immediately upon posting on the Combinder app or website. You agree to regularly review this Agreement and your continued use of Combinder constitutes your acceptance of any modifications. If you do not agree to the revised terms, you must cease use of Combinder immediately.

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ARTICLE 26 – GEOGRAPHIC RESTRICTIONS:

Combinder is accessible globally, but its services and functionalities may be restricted in certain regions due to local laws and regulations. By using Combinder, you agree to comply with all applicable local laws. Combinder is not liable for any issues arising from usage in restricted regions.

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ARTICLE 27 – SERVICE INTERRUPTIONS:

Combinder may periodically schedule maintenance or updates that could result in temporary service interruptions. Additionally, unexpected downtime may occur. Combinder is not liable for any inconvenience, loss of data, or inability to access services during such interruptions.

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ARTICLE 28 – TERM, TERMINATION & SUSPENSION:

Combinder reserves the right to terminate or suspend your account and access to services at any time, with or without cause. Reasons for termination include, but are not limited to, breach of this Agreement or misuse of Combinder’s services. Termination will not affect any rights or obligations accrued prior to termination, and certain provisions of this Agreement will continue post-termination.

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ARTICLE 29 – NO WARRANTIES:

Combinder and its services are provided “as is” and without any warranty, express or implied. Combinder disclaims all warranties related to the accuracy, reliability, or availability of its services. You assume all responsibility for any risk or damage resulting from using Combinder, and Combinder is not liable for any such issues.

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ARTICLE 30 – LIMITATION ON LIABILITY:

To the maximum extent permitted by law, Combinder and its affiliates, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Combinder app or services. In no event shall Combinder’s total liability exceed the greater of $100 or the amount you paid to Combinder in the previous three months.

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ARTICLE 31 – CLAIM LIMITATION:

Any claim or cause of action you may have arising from or relating to your use of Combinder or this Agreement must be initiated within one (1) year after the claim or cause of action accrues. After this period, such claims are permanently barred.

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ARTICLE 32 – CUSTOMER SERVICE:

For any questions, technical support, or customer service inquiries, you may contact Combinder’s customer support team at support@combinder.io . Combinder aims to provide timely responses but does not guarantee response times or resolutions for all inquiries.

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ARTICLE 33 – AFFILIATE MARKETING NOTICE:

Combinder may feature affiliate marketing partnerships within the app. This means that certain links, services, or promotions may generate affiliate commissions for Combinder. Combinder makes no representations about the accuracy, quality, or reliability of any affiliate products or services and encourages users to independently verify any third-party offers.

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ARTICLE 34 – APPLE APPLICATION TERMS:

If you are accessing Combinder via an Apple device, the following terms apply: Apple is not a party to this Agreement and does not bear responsibility for Combinder’s content, operations, or customer support. In case of issues, you may contact Apple solely for refund requests. Combinder is responsible for all other app-related support and warranties.
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ARTICLE 35 – DEVICE COMPATIBILITY:

During the beta test phase, Combinder supports a limited range of devices for technical testing purposes. Currently, only the Shelly Plus Plug S (including its regional variants) is compatible with the network.

Important Note: Combinder is not affiliated with, endorsed by, or in partnership with Shelly or its parent company. The recommendation of this device is based solely on its technical compatibility with the network during the beta test phase. Compatibility with additional devices is planned for future releases.

Users acknowledge that participation in the beta test does not require the purchase of a specific device and that ownership of the Shelly Plus Plug S is solely for the purpose of testing Combinder’s services.

From time to time, Combinder may run promotional campaigns in collaboration with hardware manufacturers (e.g., Shelly) to promote technically compatible devices. These campaigns may include discount codes, raffles, or referral incentives.

However, Combinder does not sell or fulfill these products. All device purchases are conducted directly through third-party suppliers, and Combinder is not responsible for:

• Delivery or product issues
• Device warranties or customer service
• Import duties, taxes, or regional compatibility
  Participants are responsible for confirming compatibility and delivery availability before purchasing through third-party websites.

ARTICLE 36 – GENERAL PROVISIONS:

1. Language: All communications and notices under this Agreement shall be in English.
2. Jurisdiction & Governing Law: This Agreement shall be governed by the laws of Singapore, excluding its conflicts of law rules. Any legal actions arising from this Agreement will be handled in Singapore courts.
3. Arbitration: In the event of disputes that cannot be resolved informally, the Parties agree to binding arbitration. The arbitration shall be conducted in Singapore, and both Parties waive the right to a jury trial.
4. Assignment: Users may not assign their rights under this Agreement. Combinder reserves the right to assign or transfer any of its rights or obligations to third parties.
5. Severability: If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain effective.
6. No Waiver: A failure by Combinder to enforce any part of this Agreement does not waive the right to enforce any other provision.
7. Headings: The section headings in this Agreement are for reference only and do not affect interpretation.
8. No Agency: This Agreement does not create an agency, partnership, or joint venture between the Parties.
9. Force Majeure: Combinder shall not be liable for any delay or failure due to causes beyond its control, including natural disasters, government actions, or other unforeseen events.
10. Electronic Communications: You consent to receive communications electronically. Combinder may reach you via email or other electronic methods.

Article 37 – PROMOTIONS DISCLAIMER

Combinder promotional campaigns, including but not limited to device discounts, airdrops, or raffles, are offered on an “as-is” basis without warranties or obligations. We may modify, pause, or cancel such promotions at any time and for any reason, including fraud prevention, technical issues, or legal constraints.

Participation in any promotional campaign does not entitle a User to any financial or legal claim against Combinder or its partners.

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ENTIRE AGREEMENT:

This Agreement represents the entire understanding between you and Combinder and supersedes any prior agreements, written or oral, related to the Combinder App.

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