End User Licence Agreement (EULA)

End User Licence Agreement (EULA) for Punkt Devices Powered by AphyOS

Version 17/11/2025

IMPORTANT – READ CAREFULLY

This End User Licence Agreement (“EULA”) is a legal agreement between you and Punkt Tronics AG, Via Losanna 4, 6900 Lugano, Switzerland (“Punkt”, “we” or “us”). It governs your use of the software pre‑installed on, or delivered for installation on, Punkt devices, including the operating system developed and supplied by Apostrophy AG (“AphyOS”), related Punkt software, and any associated media, content, data, printed materials, or electronic documentation (collectively, the “Software”). By using the device, you agree to be bound by this EULA. If you do not accept these terms, do not buy or use this device. Instead, you may return it to your place of purchase for a refund, in accordance with the seller’s return policy and your statutory consumer rights.

1. Scope of Licence

Subject to your compliance with this EULA, Punkt grants you a limited, non‑exclusive, non‑transferable licence to use the Software solely on the Punkt device on which it is preinstalled, or on its lawful replacement. If you lawfully resell the device, this licence transfers with the device. The Software is licensed, not sold.

2. Licence Restrictions

Except as permitted by law or by applicable open‑source licences, you must not:

rent, lease, lend, sell, redistribute, or sublicense the Software;
copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software;
remove, alter, or obscure any proprietary notices;
transfer your rights under this EULA except together with the lawful sale of the device.

Nothing in this EULA restricts your rights under mandatory law or under the open‑source licences.

3. User Obligations

You agree to use AphyOS and the Services only in accordance with applicable law and this EULA.

Without limitation, you must:

create and maintain any required Aphy account with accurate, current information and keep your login credentials secure;
not use the Software or Services for unlawful, harmful, or deceptive purposes, including the transmission of spam, malware, or infringing or otherwise illegal content;
not attempt to gain unauthorised access to, interfere with, or disrupt any servers, networks, or systems used by the Software or Services;
not impersonate others or misrepresent your affiliation; and
comply with any applicable third‑party terms when using their applications or services.

Violation of these obligations may result in suspension or termination of your access and, where applicable, legal action.

4. Intellectual Property

Punkt reserves all rights not expressly granted to you in this EULA. Punkt devices and AphyOS are protected by copyright and international copyright treaties, as well as other intellectual property laws and treaties.

Without limitation, all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the sole and exclusive property of Punkt or its suppliers and licensors, including Apostrophy AG. The Software is licensed, not sold.

Punkt shall not be obligated to indemnify or defend you with respect to any third-party claim arising out of or relating to the Software. To the extent Punkt is required to provide indemnification by applicable law, Punkt — and not Apostrophy or the Software itself — shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Software or your use of it infringes any third-party intellectual property rights.

5. Subscription and Associated Services

AphyOS and certain related services (including updates, app store access, and data synchronization features) are subscription‑based. Your Punkt device may include an initial subscription period. Continued use of AphyOS and related services requires an active subscription with Apostrophy AG, governed by the Apostrophy Subscription Terms of Service available at www.apostrophy.ch/terms-of-service. Those terms form a separate agreement between you and Apostrophy AG.

If your subscription or prepaid period expires without renewal or wallet top-up, certain features of AphyOS or related Services may be gradually limited or disabled. Core device functions that are technically independent of AphyOS and related Services may continue to operate, but features requiring authentication or online access (such as synchronisation, updates, app store access, or secure communications) may be degraded or suspended. You can restore full functionality at any time by renewing your subscription or adding wallet credit.

6. Software Updates

Punkt. may from time to time provide enhancements or improvements to the features or functionality of the Software, which may include service upgrades, bug fixes, updates, upgrades, and other modifications.

Updates may modify or delete certain features and/or functionalities of the Software. You agree that Punkt. has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Software, except as required by applicable law or your active subscription.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Software, and (ii) subject to the terms and conditions of this EULA.

If the automatic check for Software updates function is enabled, your device may check for updates automatically from time to time through the network connection.

If you have chosen to disable the automatic check, you may check manually the availability of new updates. The settings of software updates may vary between specific devices.

For certain devices or critical components, we may reserve the right to deliver or notify updates without user configuration options, where required to maintain legal compliance, or essential functionality.

We recommend that you install available updates promptly for optimal use of your device and to maintain security.

7. Security Updates & Support Window

Punkt will use reasonable efforts to provide periodic updates, including security patches and bug fixes, for supported devices during their update support window. Updates will be made available at least on a quarterly cadence, but frequency may vary depending on device model, platform, testing requirements, and regional constraints.

Updates may be delivered automatically (if automatic update settings are enabled) or may require you to check and install manually (if automatic update settings are disabled). Update settings may vary between device models.

We reserve the right to deploy such updates automatically or to issue mandatory notifications, regardless of user settings, when this is necessary to protect users, the platform, or third parties.

Failure to install available updates may increase security risks and reduce device functionality. Punkt is not responsible for issues resulting from your failure to install updates, provided that updates were made available in accordance with this EULA and applicable law.

The security update policies are subject to modification and will undergo regular reviews.

It is your responsibility to install offered updates in a timely manner to maintain the security and functionality of your device. Punkt is not responsible for issues that arise because you failed to install an available update, provided that the update was properly made available to you. If you encounter problems during the update process, you must report them through the official support channels provided by Punkt so that corrective action can be taken.

Punkt may discontinue updates for older or obsolete device models. Advance notice of discontinuation of updates will be provided through the device update mechanism or on the Punkt website. Nothing in this clause affects your statutory rights to receive updates for conformity under applicable consumer protection laws, or your rights under an active Apostrophy subscription.

8. Connectivity and Data for Updates

Some Software features require internet access and may be subject to your network provider’s charges. To deliver updates and verify eligibility, the device may transmit technical information (e.g., device and software identifiers, version, IP address). Such processing is necessary for performance of the contract and for security. Optional analytics or diagnostics data (if any) will only be processed with your consent, which you may withdraw at any time without affecting delivery of security updates, in accordance with the Punkt. Data Protection Policy available at www.punkt.ch/pages/data-protection-policy/.

9. Third‑Party Services and Content

Certain applications and services may be included with, or downloaded to, your device. The Software may enable access to Apostrophy apps store, other Punkt. services and third-party services and websites (collectively and individually, "Services").

Certain Services and applications may not be available in all languages or in all countries. Certain Services and applications may require your agreement to separate terms and conditions before you can access or use them. You expressly acknowledge and agree that your use of such applications and services will be subject to the applicable third-party terms.

The Software may display, include or make available third-party content (including data, information, applications and other products or services) or provide links to third-party websites or services.

You acknowledge and agree that Punkt. is not the author or publisher of third-party applications, and that Apostrophy merely provides the distribution platform or technical infrastructure through which such applications and services may be made available.

You acknowledge and agree that Punkt. is not responsible for any third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. To the maximum extent permitted by law, Punkt. disclaims all liability or responsibility for third-party Services. Nothing in this clause excludes liability for Punkt’s willful misconduct or gross negligence.

We reserve the right to remove, suspend, or disable access to any third-party application or service where necessary for legal, technical, or security reasons, or where required by law or by the relevant third-party provider.

You must comply with all applicable third-party terms of agreement when using their applications or services. Third-party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third-party terms and conditions.

Any personal data you choose to share with a third-party application or service is subject to that third party’s privacy policy. We do not sell or share your data with developers except where technically required to provide or maintain functionality.

If a third-party application is distributed through the Aphy App Store, the developer is required to make its own license terms and privacy policy available to you within the app listing.

10. Digital Certificates

You are responsible for your decision to rely on digital certificates issued by Punkt or third parties.

Punkt makes no express or implied warranties or representations as to merchantability or fitness for a particular purpose, accuracy, security, or non-infringement of third-party rights with respect to digital certificates. To the maximum extent permitted by law, you assume all risks associated with the use of digital certificates.

Nothing in this clause excludes or limits Punkt’s liability for its own willful misconduct or gross negligence, or your mandatory rights under applicable consumer protection laws.

11. Export Control

You must comply with all applicable export control laws, including those of Switzerland (SECO regulations), the European Union, the United States, and your own jurisdiction. Use of the Software in violation of applicable law is prohibited.

12. Termination

Punkt may terminate this Agreement if you materially breach its terms, subject to 30 days’ notice, unless immediate termination is required to protect security or comply with law. Upon termination, you must stop using the Software. You retain the right to export your personal data from Apostrophy services, in accordance with Apostrophy’s Terms of Service. Termination of your subscription by Apostrophy AG will limit or prevent continued use of AphyOS features and services.

13. Warranty

The Software is provided to you ‘AS IS’ and ‘AS AVAILABLE’ and with all faults and defects without warranty of any kind. Any use of the Software is at your own risk.

To the maximum extent permitted under applicable law, Punkt, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers (including Apostrophy AG), expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, Punkt. provides no warranty or representation that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Punkt. nor any of its suppliers or service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included within it; (ii) that the Software and the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Apostrophy; or (iv) that the Software, its servers, the content, or e-mails sent from or on behalf of Punkt. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, Punkt shall be solely responsible for such warranty.

14. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Punkt and any of its suppliers, affiliates, licensors, and service providers under any provision of this EULA, and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the device.

To the maximum extent permitted by applicable law, in no event shall Punkt or its licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of profits, loss of data, business interruption, loss of business information, or any other pecuniary loss) arising out of relating to the use of, or inability to use, the Software, even if Punkt has been advised of the possibility of such damages.

You expressly understand and agree that Punkt, its subsidiaries and affiliates, and its licensors shall not be liable to you under any theory of liability (including contract, tort, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages that may be incurred by you, including any loss of data, whether or not Punkt or its representatives have been advised of or should have been advised of or should have been aware of the possibility of such losses.

IN NO CASE WILL PUNKT'S AND ITS LICENSORS’ TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE PUNKT. DEVICE, APHYOS, THE SOFTWARE OR THE SERVICES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you. Nothing in this clause excludes or limits liability for death or personal injury, willful misconduct, or gross negligence, or restricts your mandatory rights as a consumer.

15. Indemnification

You agree to indemnify and hold Punkt, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from and against any claim, demand, liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Software; (b) your violation of this Agreement or of any applicable law or regulation; or (c) your violation of any rights of a third party.

This indemnity does not apply to the extent that the claim arises from Punkt’s own willful misconduct or gross negligence, or where such indemnification is prohibited by applicable consumer protection law.

16. Open-Source Components

The Software may include or be distributed with open-source software components that are licensed under separate license terms. Your use of such open-source components is subject to the applicable license terms of the relevant open-source projects. To the extent of any conflict between such open-source license terms and this EULA, the open-source license terms shall prevail with respect to those components. Copies of the relevant open-source licenses, and information on how to obtain the corresponding source code where required, are available upon request. Such open-source components are provided “as is” and without any warranty of any kind, unless required otherwise by their applicable licenses. Punkt makes no warranty and assumes no liability with respect to open-source components beyond what is required by applicable law.

17. Force Majeure

Punkt is not liable for any delay or failure to perform obligations under this EULA due to events beyond its reasonable control, including natural disasters, strikes, government actions, or network outages.

18. Assignment

You may not assign or transfer this EULA or the Software licence except with the lawful sale of the device. Any attempted assignment in violation of this clause is void.

19. Governing Law and Jurisdiction

This Agreement is governed by Swiss law, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers domiciled in Switzerland, mandatory jurisdiction rules apply. Otherwise, Lugano courts have exclusive jurisdiction. Nothing in this Agreement limits your mandatory consumer rights under the laws of your place of residence.

20. Language and Translations

This Agreement is provided in English. Translations may be provided for convenience. In case of discrepancies, the English version prevails, unless mandatory local law requires otherwise.

21. Entire Agreement

This EULA constitutes the entire agreement between you and Punkt regarding the Software and supersedes all prior representations or understandings. AphyOS, certain Apostrophy services, including subscription, updates, account-based features, and related connected services, may be subject to separate Apostrophy Terms of Service, which will be presented to you at the time of activation of such services. Acceptance of those terms is a condition of using AphyOS and the Apostrophy services.

22. Severability

If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

23. Changes to this Agreement

Punkt may update or amend this Agreement from time to time, for example to reflect changes in law, regulatory requirements, or improvements to the Software. The most current version will always be available on the Punkt website.

Where changes are material, Punkt will take reasonable steps to notify you, for example by notice on the website, by device notification, or by email if you have provided your email address for contractual communications. Your continued use of the Software after changes take effect constitutes your acceptance of the updated EULA.

If you do not agree to the updated EULA, you should stop using the Software.