English version

Terms of Use for the Omniwatt Partner Portal

As of 29 September 2026

1. Provider, scope, eligible users

1.1 These terms of use (the “Terms”) govern the use of the Omniwatt Partner Portal (the “Portal”) by commercial users. The Portal is provided and operated by Enpal Energy GmbH, Bödikerstraße 25, 10245 Berlin, Germany (the “Company”).

1.2 The Portal is available exclusively to entrepreneurs within the meaning of sec. 14 German Civil Code (BGB), in particular installation businesses in the field of photovoltaics and building technology (the “Partner”). Use by consumers is excluded.

1.3 By registering, the Partner accepts these Terms. Deviating or conflicting terms of the Partner do not become part of the agreement, even if the Company does not expressly object to them.

1.4 These Terms do not create any commercial agency, brokerage, intermediary, distribution or partnership relationship and no exclusivity. There is no claim to commission, reimbursement of expenses or any other remuneration, and none is created; use of the Portal is free of charge and serves the Partner’s own business interest.

2. Subject matter and functions of the Portal

2.1 The Portal enables the Partner in particular to (i) register its company and manage team members, (ii) record customer data and (iii), on that basis, trigger an offer by the Company or its affiliates regarding energy products (electricity supply and marketing agreement) and smart metering systems for end customers, and to view the subsequent process status.

2.2 Offers to end customers are made exclusively by the Company or the respective contracting entity. The end customer receives the offer directly from that entity and enters into the contract exclusively with that entity. The Partner does not become a party to the end customer contracts.

2.3 The Partner is not authorised to make declarations on behalf of the Company or its affiliates, to conclude contracts, to make commitments regarding prices, availability, deadlines, subsidies, tax effects or product features, or to collect payments.

2.4 No legally binding declarations are exchanged between the Company and the Partner via the Portal unless expressly marked as such. Information displayed in the Portal (e.g. status indicators, feasibility or offer data) is non-binding and may change in the further process.

2.5 The Company may change, extend or discontinue functions of the Portal at any time. There is no entitlement to the continued existence of individual functions or to access to the Portal.

3. Registration, access, screening

3.1 Use requires registration of the company and the creation of a user account. The data provided upon registration must be complete and accurate and must be kept up to date.

3.2 Before granting access, the Company may screen the Partner (including identity, trade/commercial register entry, qualifications, sanctions list screening, reputation). Access is granted at the Company’s reasonable discretion; there is no entitlement to access.

3.3 Access credentials must be kept confidential and must not be disclosed to third parties. The Partner shall set up user accounts only for its own employees, is responsible for all actions taken under its accounts and shall report any suspected misuse without undue delay.

4. Partner obligations

4.1 The Partner may only record customer data if the relevant customer has given prior, voluntary and demonstrable consent to the transfer of the data to the Company and to being contacted by the Company. The Partner confirms this in the Portal, documents the consent (content, time, form) and provides it to the Company upon request.

4.2 The Partner ensures that the data entered is accurate, up to date and limited to what is necessary. Entering special categories of personal data (Art. 9 GDPR) is prohibited.

4.3 When approaching its customers, the Partner complies with applicable law, in particular the German Act against Unfair Competition (UWG, including sec. 7 UWG on unacceptable nuisance), the TDDDG and the GDPR. Unsolicited advertising without consent, misleading statements about the products and advertising in the Company’s name are prohibited.

4.4 The Partner shall use exclusively product and price information and marketing materials approved by the Company and shall not make any commitments going beyond them.

4.5 The following are prohibited in particular: automated extraction (scraping) or bulk import without consent, creating test records containing real personal data outside the demo function, circumventing security measures, reverse engineering, granting access to competitors, and any use for purposes other than initiating end customer contracts with the Company.

4.6 The Partner is solely responsible for its own services (in particular installation services). The Company assumes no responsibility for them.

5. Data protection

5.1 With regard to personal data processed via the Portal, the Company and the Partner each act as separate controllers within the meaning of Art. 4 no. 7 GDPR. Neither joint controllership (Art. 26 GDPR) nor processing on behalf (Art. 28 GDPR) is established.

5.2 The Partner is responsible for the lawfulness of the collection and transfer of customer data to the Company, including providing the information required under Art. 13 GDPR to the data subjects.

5.3 Information on the processing of personal data by the Company is available in the privacy notice at www.omniwatt.de/datenschutz

5.4 The parties shall support each other without undue delay and to a reasonable extent in respect of data subject requests and personal data breaches relating to Portal data.

6. Rights in content, trademarks

6.1 All rights in the Portal, its content, software, databases and design elements belong to the Company or its licensors.

6.2 For the duration of the approved access, the Company grants the Partner a non-exclusive, non-transferable, revocable right to use the Portal for the purposes set out in section 2.

6.3 Use of the signs “Omniwatt”, “Wattly”, “Enpal” or any other trademarks of the Company and its affiliates is permitted only with prior written consent and within the scope of approved materials.

6.4 The Partner grants the Company the right to use the data entered by it for the purposes of offer and contract handling and, in anonymised or aggregated form, to improve the services.

7. Availability

The Company provides the Portal without warranting any particular level of availability. Maintenance, further development and malfunctions may lead to restrictions. No service levels are agreed.

8. Liability

8.1 The Company is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantees given.

8.2 In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), the Company’s liability is limited to the foreseeable damage typical for this type of agreement. Otherwise, liability for slight negligence is excluded.

8.3 Within the limits of section 8.1, liability is excluded for loss of profit, contracts not concluded, loss of data (beyond the effort required to restore properly backed-up data) and for damage arising from the provision of the Portal free of charge.

8.4 The Partner shall indemnify the Company against third-party claims, in particular by end customers and supervisory authorities, which are based on the Partner’s breach of its obligations under sections 4 or 5, in particular where customer consent is missing or invalid. This does not apply to the extent the Partner is not responsible for the breach.

9. Confidentiality

Non-public information from the Portal (in particular price, product, process and customer data) must be kept confidential, used only for the purposes set out in section 2 and, upon termination of access, deleted or returned unless statutory retention obligations apply. This obligation continues for three years after termination of access.

10. Term, suspension, termination

10.1 The usage relationship is concluded for an indefinite period. Either party may terminate it at any time without cause, giving 14 days’ notice in text form (including by email); the Partner may have its account deleted at any time.

10.2 The Company may block access immediately and terminate the usage relationship for cause where there is reasonable suspicion of a breach of these Terms or of applicable law, or where the security of the Portal is at risk.

10.3 Contracts already validly concluded between end customers and the Company remain unaffected by any termination.

11. Changes to these Terms

The Company may amend these Terms with effect for the future. Amendments will be notified to the Partner at least 14 days before they take effect, in text form or in the Portal. They are deemed accepted if the Partner continues to use the Portal after they take effect or does not object before that date; in the event of an objection, the usage relationship ends when the amendment takes effect.

12. Final provisions

12.1 These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.

12.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Berlin, provided the Partner is a merchant, a legal entity under public law or a special fund under public law.

12.3 The Partner may assign rights and obligations under this usage relationship only with the Company’s prior written consent. The Company may transfer its rights and obligations to affiliated companies.

12.4 Should any provision be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected.

12.5 There are no oral side agreements. These Terms are available in German and English; the German version prevails.