Terms of Service — Franzl

Last updated: July 2026 Provider: franzdesign FlexCo, Pfeilgasse 7, 1080 Vienna, Austria (FN 664047s, Commercial Court Vienna, VAT ATU82599216) Email: hi@getfranzl.com

1. Scope

These Terms of Service ("Terms") govern the use of the Franzl-App ("App"), the Franzl Gateway (a software add-on for Home Assistant, "Gateway"), and all related services ("Services") provided by franzdesign FlexCo ("Provider").

The Gateway is software only and runs locally on the Home Assistant installation provided by the user (e.g. on a Raspberry Pi). The Provider does not currently sell a hardware box; should hardware products be offered in the future, separate terms will apply.

By registering and using the App, you agree to these Terms.

2. Description of Services

2.1 Basic Features (Free)

2.2 Pro Subscription (Paid)

The exact features of the Pro subscription are described in the current App listing.

2.3 Note on Measurement and Savings Figures

All energy, power, cost and savings figures shown in the App (kWh, %, €) are non-binding informational estimates for illustration. They are based on data supplied by your devices and on forecasts and are not calibration-law compliant (Maß- und Eichgesetz). They must not be used for binding billing towards third parties (e.g. tenant, company-car or charging billing). Only calibrated meters or your energy supplier's/grid operator's statement are authoritative for billing.

3. Contract Formation

3.1 Registration

The contract is formed upon completion of registration and email verification.

3.2 Pro Subscription

The Pro subscription is purchased through the respective App Store (Apple App Store / Google Play Store). The terms of the respective store operator apply additionally.

The Pro subscription applies to one household (one installation): all members of that household can use the Pro features. Only the household administrator can purchase the subscription. Transferring the subscription to another household is only possible via support.

4. Prices and Payment

4.1 Prices

Current prices for the Pro subscription are displayed in the App and the respective App Store. All prices include applicable VAT.

4.2 Payment

Payment is processed through the respective App Store (Apple / Google). The Provider has no access to your payment data.

4.3 Price Changes

Price changes will be announced at least 30 days in advance via email or in-app notification. For active subscriptions, the new price applies from the next renewal period.

5. Duration and Cancellation

5.1 Free Use

The contract for free use runs for an indefinite period and can be terminated at any time by deleting your account.

5.2 Pro Subscription

5.3 Termination by Provider

The Provider may terminate the contract for good cause, in particular in case of: - Violation of these Terms - Misuse of the Services - Tampering with Gateway software

6. Usage Rights and Obligations

6.1 License

The Provider grants you a non-exclusive, non-transferable, revocable right to use the App and Services for personal, non-commercial use.

6.2 Prohibited Use

It is prohibited to: - Decompile, modify, or redistribute the App or Gateway software - Use the Services for commercial purposes without written permission - Circumvent or manipulate security mechanisms - Use API interfaces for third-party applications without permission

6.3 Your Obligations

7. Availability

7.1 Local-First

Core functions (energy optimization, device control) run locally on your Home Assistant installation (Gateway) and are therefore available independently of cloud services.

7.2 Cloud Services

For cloud-based functions (auth, push, remote access), the Provider aims for 99.5% availability (annual average) but cannot guarantee it. Planned maintenance will be announced in advance.

7.3 No Guarantee

The Provider does not guarantee uninterrupted or error-free operation of the Services.

8. Liability

8.1 Limitation of Liability

The Provider's liability is limited to intent and gross negligence. In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations), limited to foreseeable, contract-typical damages.

8.2 Mandatory Liability (Reservation)

The limitations in 8.1 and 8.3 do not apply to: - damages resulting from injury to life, body or health, - damages caused intentionally or by gross negligence, - liability under the Product Liability Act (PHG) / Product Liability Directive (EU) 2024/2853, - and any other claims that may not be excluded or limited under mandatory law (in particular § 6 KSchG).

This statutory liability remains fully unaffected.

8.3 Exclusion of Liability (within the scope of 8.2)

To the extent permitted under 8.2, the Provider is NOT liable for: - Damages from faulty device integration (control is via Home Assistant or documented manufacturer interfaces; device safety mechanisms such as BMS, inverter limits, etc. always remain active) - Damages from improper installation or configuration by the user or third parties - Data loss on the local installation (the user is responsible for backups) - Outages of third-party services (Firebase, Cloudflare, App Stores) - Lost energy savings or revenue

8.4 Device and System Safety

The App controls devices via Home Assistant or documented manufacturer interfaces. All devices have their own safety mechanisms (BMS for batteries, inverter limits, EV charger protections). App control cannot bypass these hardware safety layers. In addition, the Gateway enforces safety-relevant minimum values (e.g. legionella protection for hot water, frost protection for heating) at the highest command priority.

9. Data Protection

Personal data is processed in accordance with our Privacy Policy, available at getfranzl.com/datenschutz.

10. Warranty

10.1 Software

Statutory warranty rights under Austrian law apply to the App software and the Gateway, in particular the Consumer Warranty Act (VGG) for digital content and services, and the ABGB. The Provider delivers regular updates to fix bugs and ensure security.

10.2 Update Obligation

In accordance with §§ 7 et seq. VGG (Austrian implementation of the Digital Content Directive (EU) 2019/770), the Provider provides those updates — including security updates — necessary to maintain conformity. For continuous supply (subscription) this applies for the duration of supply; for a single supply, for the period the consumer may reasonably expect (at least 2 years). This obligation is complemented by the Cyber Resilience Act and the Product Liability Directive (EU) 2024/2853.

11. Right of Withdrawal (FAGG)

11.1 Consumer Right of Withdrawal

Under the Austrian Distance and Off-Premises Transactions Act (FAGG), consumers have the right to withdraw from this contract within 14 days without giving any reason. The period is 14 days from contract formation.

11.2 Exercising Withdrawal

To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g., email to hi@getfranzl.com). You may use the model withdrawal form but are not obliged to.

11.3 Early Expiry for Digital Content

For the supply of digital content/services not delivered on a tangible medium (e.g. immediate activation of Pro features), the right of withdrawal expires if (1) you have expressly consented to performance beginning before the withdrawal period ends, (2) you have acknowledged that you thereby lose your right of withdrawal, and (3) the Provider has supplied you with confirmation of that consent (§ 18 (1) no. 11 FAGG). Paid features are currently acquired exclusively through the respective App Store (see 11.4); for those purchases the store's withdrawal/refund rules apply in addition. Should the Provider in future supply paid digital services directly, the App will obtain the above consent and confirmation expressly before activation.

11.4 In-App Purchases

For purchases made through the App Store, the withdrawal/refund policies of the respective store operator (Apple / Google) apply in addition.

12. Changes to Terms

The Provider may modify these Terms where there is objective justification (e.g. changes in the law, case law, or adaptation to new or changed features) and the change does not unreasonably disadvantage the user. Essential main services and fees will not be changed to your detriment by this route.

Changes will be announced at least 30 days in advance via email or in-app notification; the announcement separately highlights the changed clauses, your right to object, and the deadline. If you do not object within 30 days, the new Terms are deemed accepted. If you object, the contract continues on the previous terms; either party may terminate it under Section 5. This simplified amendment procedure does not apply, vis-à-vis consumers, to clauses for which mandatory law requires express consent.

13. Final Provisions

13.1 Applicable Law

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers in other EU member states, the mandatory consumer protection provisions of their country of residence apply additionally.

13.2 Jurisdiction

The place of jurisdiction for disputes arising from this contract is the Provider's registered office, insofar as the customer is a business entity. Statutory jurisdictions apply for consumers.

13.3 Severability

If any provision of these Terms is invalid, the validity of the remaining provisions shall not be affected.

13.4 Dispute Resolution

The former EU platform for online dispute resolution (ODR platform) was discontinued by Regulation (EU) 2024/3228 (shut down 20 July 2025). The European Commission provides a list of consumer dispute resolution bodies in the Member States at consumer-redress.ec.europa.eu/dispute-resolution-bodies. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Last updated: July 2026 (ODR platform discontinued → dispute resolution bodies note; previously June 2026: Austrian law VGG/FAGG/KSchG, liability reservation, PLD 2024/2853, metrology note)