General Terms and Conditions for Digital Republic Mobile Services

As of: February 2025

Only the German version of the General Terms and Conditions for Digital Republic Mobile Services is legally binding. The translated versions are provided for information purposes only and have no legal validity. The Customer accepts the German version of the document. For the sake of readability, the masculine form is used in the text; however, the information naturally refers to members of all genders.

These General Terms and Conditions for Mobile Services of Digital Republic (“GTC”), together with the corresponding order/registration and the other contractual components, form the contract between Digital Republic AG, Suurstoffi 22, 6343 Rotkreuz, Switzerland (“Digital Republic”) and you (“Customer”) for the provision and use of mobile services and associated services (collectively “Service”) of Digital Republic. The nature and scope of the Service are set out in the contract.

Natural persons domiciled in Switzerland or companies domiciled in Switzerland are authorised to enter into a Contract. For natural persons under the age of 18, the consent of the legal representative is required.

The following documents form integrated components of the Contract in descending order of precedence:

The contract components apply in their respective current version.

By completing the order/registration, the customer confirms that he/she has read and accepted the contract, including all its components, without any changes, and that the information provided is correct. The customer is liable to Digital Republic for the correctness and completeness of the information provided and for any damages resulting from incorrect or insufficient information. The contract, including all its components, is considered accepted at the latest when the service is used for the first time. If the customer objects to all or some of the terms and conditions, the contract will be terminated and any tariffs, data packages and options already purchased and paid for will expire without compensation.

The Service is constituted by included and/or optional mobile communication services (data, voice, SMS/MMS) via the mobile networks of the respective network operator of Digital Republic (“Network Operator”) in Switzerland as well as its roaming partners abroad by means of a SIM card or an eSIM profile incl. an associated phone number (“Connection”).

The service also includes associated services, in particular access to the Digital Republic customer portal, access to the Digital Republic support portal and an AI assistant for consultation purposes.

The SIM card or eSIM profile is intended for use in approved end devices (e.g. smartphones or tablets) for private and/or business use as well as for use in connected devices (Internet of Things – IoT) . The customer portal is available for the initial registration as well as for the management of tariffs, data packages and options.

Wi-Fi is not part of the Service.

The availability of the individual service elements, as well as their scope and duration, can be viewed at digitalrepublic.ch. The activated service elements are listed in the customer portal.

Digital Republic does not guarantee the continuous availability of the individual service elements. Furthermore, Digital Republic reserves the right to expand, restrict, discontinue or otherwise adapt the service elements at any time. If the Customer makes use of affected service elements, he will be informed of such changes in an appropriate manner (e.g. via e-mail). The restriction or discontinuation of a service element does not affect the existence of the Contract or Connection to which the service element is assigned.

The Service is provided with the support of the Network Operator and its foreign roaming partners. Digital Republic may at any time engage other third parties in Switzerland and abroad to provide the Service.

A knowledge database (FAQ) with frequently asked questions and answers, a contact form and a telephone support line are available to customers at support.digitalrepublic.ch. Digital Republic endeavors to answer support requests as quickly as possible.

In addition, an AI chat assistant is available to customers to provide advice on general questions and to help them find their way around the FAQ knowledge database. Digital Republic does not guarantee the accuracy of the AI chat assistant’s statements and is not liable for false information provided by the AI chat assistant. Digital Republic reserves the right to monitor conversations with the AI chat assistant for quality assurance and usage optimization purposes. The AI chat assistant is not a contact channel and its use is subject to Digital Republic’s privacy policy and the terms of use of our integration partner ConnectAI.

The mobile network coverage indicated by Digital Republic is not binding. Gaps in mobile coverage may occur even in well-served areas and especially indoors. Existing mobile coverage in a particular location may deteriorate or disappear altogether due to technical, statutory or other reasons.

Digital Republic, or the Network Operator, reserves the right to temporarily restrict or interrupt the Service or individual service elements, e.g. due to maintenance and technical operations, the introduction of new technologies, to remedy defects or due to capacity overload. The oc-currence of such an event does not entitle the Customer to any extraordinary termination of the Contract, of an individual Connection or individual service elements. Digital Republic shall endeavour, together with the Network Operator, to remedy defects and failures within its sphere of influence during the respective operating hours, within a reasonable period of time, in a manner customary in the industry, using the resources at its disposal, and without giving any guarantee in this respect.

The customer can use mobile communication services abroad (roaming) provided that these are included in the agreed services and that the network operator and its foreign roaming partners have the appropriate roaming contracts. Digital Republic reserves the right to expand, reduce or otherwise adjust the number of available countries at any time. The currently available countries can be found at digitalrepublic.ch.

The scope of roaming services depends on the offer of the respective roaming partner. Mobile coverage abroad depends on the network of the respective roaming partner and its technical and operational possibilities. In countries with several possible mobile network providers, Digital Republic or the Network Operator determines the respective roaming partner.

Data roaming services are available as packages in the form of additional options via the customer portal or the roaming cockpit (only accessible abroad). The roaming packages are valid for 365 days from the date of activation. A roaming package must be activated within 365 days of the purchase date. A roaming package becomes active as soon as the first data is transmitted via the package. Certain tariffs, such as the Digital Republic mobile subscription, may include roaming packages that renew monthly and whose remaining credit expires upon renewal. For tariffs with monthly included roaming packages, the roaming package is activated when the tariff is activated.

If the credit of a data package is completely used up (credit “zero”), the service in question cannot be used any further. In this case, the Customer is responsible for timely obtaining a new data package. The meter reading of the Digital Republic billing system is decisive for the determination of the respective credit balance. Credit balances can neither be refunded nor transferred to other mobile providers.

Roaming calls are generally charged per minute.

The applicable minute rates by country can be found at digitalrepublic.ch. Certain rates, such as the Digital Republic mobile subscription Flat Mobile, may include call minutes in certain zones. Phone calls that exceed the included call minutes will not be disconnected, and the customer will be charged for the additional minutes used at the applicable minute rate. Calls to or within countries outside the included zone are also not suppressed and are billed to the customer at the applicable minute rate.

Due to a delay in the billing of roaming services with our partner providers abroad, notifications or usage warnings cannot be provided in real time. The customer is responsible for their own usage.

Roaming telephony can only be used by customers who have a Swiss address and a valid Swiss identity document (ID card, passport, B permit or C permit) stored in their customer account.

Special case of outgoing international calls: Calls from Switzerland to the following countries are not included in the Flat Mobile (EU/USA zone) services:

The Watch SIM Option is a multi-SIM option for use with an Apple or Samsung Galaxy Watch. With the Watch SIM Option, the tariff of a cell phone subscription from Digital Republic is shared with the corresponding smartwatch for an additional monthly charge. The Watch SIM uses the same phone number as the linked main cell phone subscription. To use the Watch SIM option, you need a compatible smartwatch and an active data plan with the voice option activated (or a mobile subscription like Flat Mobile). The customer is responsible for ensuring that the Watch SIM option is compatible and activated. If it is not activated within the term of the main plan, the option will be canceled without a refund to avoid further costs.

The website offers devices such as routers together with annual data tariffs. The availability of the devices may vary. The guidelines on the right of return and section 6.5 “Customer devices” of the terms and conditions apply.

There are no assurances regarding bandwidths or transmission speeds for data traffic over the mobile network. Bandwidths and transmission speeds quoted by Digital Republic are best effort values and cannot be guaranteed. The actual bandwidth or transmission speed depends on, among other things, mobile network coverage, location, network usability, network quality, network expansion, the end device used and other factors and may be lower than the maximum value stated. The uninterrupted transition between different technologies cannot be guaranteed. Digital Republic or the Network Operator are entitled to discontinue older technologies and standards after prior notification. Accordingly, the Customer has no claim to a specific technology or standard.

The service can only be used if the SIM card or eSIM profile is activated. The fees for SIM cards and eSIM profiles can be found in the rate overview.

The SIM card remains the property of Digital Republic at all times. Upon termination of the Contract, the SIM card does not have to be returned. However, the Customer must destroy it.

There is no entitlement to the allocation or retention of a particular phone number or other addressing element. Digital Republic makes the phone number and the other addressing ele-ments available to the Customer only for the use of the Service. They do not become the property of the customer and cannot be sold, pledged, inherited, or otherwise transferred to third parties without the express consent of Digital Republic.

Digital Republic is authorized to withdraw or change the telephone number or other addressing resources at any time without compensation if official, operational, legal or technical reasons require it, as well as in the event of telephone number disputes.

Passing on SIM cards and eSIM profiles to third parties is not allowed and requires a partner agreement (MSP) in all cases. This service is reserved exclusively for commercial customers registered in the commercial register and includes its own terms and conditions, which will be made known to partners when the contract is concluded. In the event of an unauthorized transfer of the SIM card or a device with an activated eSIM profile by the customer, the name, address and other information of the customer will be disclosed to the relevant authorities upon their request. If the forwarded SIM card or terminal device with an activated eSIM profile is used to commit a criminal offense, the customer may be criminally prosecuted for aiding and abetting, complicity or favoritism.

Digital Republic may block or restrict individual services (e.g. the connection or the Customer account) in whole or in part without prior notice and without any compensation being due if

The Customer will be informed of the blocking or restriction in an appropriate manner (e.g. via e-mail).

The blocking or restriction may be maintained until the reason for the blocking or restriction no longer applies. If the Customer is responsible for the reason for the blocking or restriction, a reimbursement of tariffs, data packages and options acquired and paid before or during the time of the blocking or restriction is excluded. In addition, Digital Republic may charge the Customer a fee for the blocking and unblocking of the affected service, as well as the cost of a replacement SIM card or the re-download of an eSIM profile, if applicable, to the extent permitted by the provisions of telecommunications law. Such fees or costs will be notified separately to the Customer.

In the case of outgoing calls, the Customer’s phone number is displayed by default to the recipient, if technically possible, regardless of whether it is entered in a directory or not. The Customer can suppress the display of the caller number permanently or per call free of charge. For technical reasons, neither caller ID nor caller ID suppression can be guaranteed, especially for calls to an external mobile network and for SMS.

If the customer purchases services or goods from third parties via the service, such as value-added services (in particular short numbers and special numbers such as 084x and 090x numbers as well as SMS short numbers, see tariff overview) (“third-party services”), the customer enters into the relevant contract for these third-party services directly with the relevant third party, unless otherwise agreed, and the corresponding terms and conditions and contractual terms of the third party shall apply. With respect to Third Party Services, Digital Republic is not a party to the contract with the Customer, either with respect to the Third Party Services purchased or with respect to the payment thereof. Accordingly, Digital Republic does not assume any liability or warranty for the third-party services and cannot be held liable for them or provide any infor-mation. Digital Republic’s service is limited to the provision of technical access to the relevant third party and its Third-Party Services.

However, Digital Republic can, depending on the design of the respective offer, take over the billing of the Third-Party Services for the third party concerned, i.e. claim the corresponding remuneration or fees of the third party (e.g. by means of billing from Digital Republic) and carry out the debt collection. The purchase of such Third-Party Services billed by Digital Republic is subject to turnover limits set by Digital Republic. If these limits are reached, the purchase of further Third-Party Services can be blocked for a certain period of time.

The Customer can activate and block chargeable Third-Party Services (value-added services) through the Customer portal. The blocking can include all Third-Party Services (value-added services) or only those for adult entertainment. Digital Republic can link the activation of chargeable Third-Party Services (value-added services) to conditions (e.g. residence in Switzerland, valid means of payment, etc.) and also block them without giving reasons.

For the duration of the Contract, the Customer receives a non-transferable, time-limited and non-exclusive right to use the Service of Digital Republic in accordance with the Contract. The content and scope of this right are defined in the Contract. The Customer is not entitled to any further rights. All rights to existing or emerging intellectual property regarding services of Digital Republic remain with Digital Republic or the respective authorised third parties. If the Customer infringes the intellectual property rights of third parties and Digital Republic is held liable for this, the Customer undertakes to fully indemnify Digital Republic.

Digital Republic guarantees the diligent provision of the agreed services, in particular Digital Republic strives for a high availability.

However, there are no representations or warranties as to availability, quality, security, operation or support. In particular, there are no representations or warranties with respect to continuous uninterrupted and trouble-free operation of the Service, mobile network coverage, specific bandwidths and transmission speeds, specific quality with respect to data and voice traffic, availability of specific technologies and standards, maintenance of roaming countries, protection of the Customer and the Customer’s end device and data from malicious software, viruses, spamming, Trojans, hackers, spyware, phishing attacks and other criminal acts of third parties and the prevention of data loss. The Customer’s warranty claims in this regard are excluded to the extent permitted by law.

Furthermore, Digital Republic does not accept any responsibility for content that the customer has transmitted or processed by Digital Republic or that the customer has made accessible to third parties, for content that the customer receives via the service, or for the accuracy, completeness, timeliness, legality, expediency, availability, or timely delivery of information that is created by third parties, available from third parties, or made accessible via the Digital Republic service.

The customer is responsible for ensuring that their devices are compatible with Digital Republic services, unless these devices are provided as part of the Digital Republic service. In particular, there is no right to a refund if an eSIM is ordered for a device that is not eSIM-capable or if a device is used that is not compatible with GSMA-compliant SIM cards.

The Contract is concluded through the Customer’s application and acceptance by Digital Republic. The order/registration is deemed to be an application by the Customer. Digital Republic decides at its own discretion whether to accept the Customer’s application and thus conclude the Contract with the Customer. The prerequisite for the conclusion and entry into force of the Contract is, among other things, the legally compliant registration of the Customer (including identification by providing an identity document). Digital Republic can also reject the Customer’s application without giving reasons. If Digital Republic is not willing to enter into a contractual relationship with the Customer, the Customer will be informed by e-mail. The activation of the SIM card or the eSIM profile is deemed to be the acceptance of the Customer’s application, whereby the Contract comes into force.

The contract is for an indefinite period. The duration of the individual tariffs, data packages and options can be found in the tariff overview. The duration of an option depends on the duration of the associated tariff.

If, after completion of the registration, it appears that the Customer has provided incorrect or incomplete information or uploaded insufficient identification documents, Digital Republic may demand that the information or identification documents are corrected or completed, or may deactivate or terminate the SIM cards or eSIM profiles that have already been activated. Tariffs, data packages and options that have already been obtained and paid will terminate without any compensation being due.

Digital Republic reserves the right to refuse the registration of multiple SIM cards or eSIM profiles to the same person in the event of suspected misuse.

If a number porting from the previous mobile provider is necessary for the conclusion of the Contract and the porting process cannot be carried out (e.g. due to lack of approval by the previous mobile provider), Digital Republic cannot be held liable for any expenses and costs incurred.

By deactivating automatic renewal in the customer portal, the customer can indicate that they do not want to renew the contract. At the end of the corresponding term, the data package will effectively be canceled. The customer will continue to be billed for the additional services used and must pay for the services (e.g. value-added services) and waive a refund. The customer can continue to use and book additional services such as roaming packages. The customer can book a new tariff for an inactive SIM card at any time for a period of 12 months via the customer portal.

The customer can also terminate the contract by sending an e-mail to [email protected]. In the case of a termination that involves number porting, a written termination notice will be accepted provided that it is submitted completely and correctly by the new mobile provider on behalf of the customer as part of the porting process. The customer can suspend their connection with the activated options by going to the customer portal, which is the same as canceling it, provided that the remaining term of the active tariff is observed.

If the Customer purchases several services from Digital Republic, then the Customer must specify in the termination notice those services that are to be terminated (e.g. a specific option).

If the termination refers to the Contract as such, the Connection in question and all service elements assigned to this Connection will be terminated at the same time. However, the termination of a Contract or a service element does not affect any other contracts (for other Connections) and any other service elements that have not been terminated.

Digital Republic may terminate the Contract at any time, subject to the remaining term of the active tariff. The Customer will be informed of the termination in an appropriate manner (e.g. via e-mail).

After twelve months of non-use of the service, Digital Republic will terminate the contract with immediate effect and without compensation. As a rule, the customer will be notified automatically in advance. Furthermore, Digital Republic may terminate the Contract or individual service elements without notice and without any compensation being due if there is a legitimate cause. The Customer will be informed of the termination in an appropriate manner (e.g. via e-mail). A legitimate cause exists in particular if

The possible resumption of a terminated Contract or service element has cost consequences for the Customer, which will be separately notified to the Customer by Digital Republic.

The Customer may terminate the Contract or individual service elements without notice if there is good cause. A legitimate cause exists in particular if

Upon termination of the Contract, for whatever reason, the corresponding SIM card or eSIM profile will be deactivated or terminated, activated tariffs, data packages and options will terminate without any compensation being due and, subject to number porting to another mobile provider, the number and other addressing elements will revert to Digital Republic without any compensation being due and can be allocated to other customers. A refund of tariffs, data packages and options already acquired and paid is excluded in the event of contract termination, regardless of the reason.

The currently valid rates and other prices and fees, as well as information on how to pay for them, can be found in the customer portal and in the rate overview, with the information displayed in the customer portal taking precedence. Digital Republic reserves the right to change the rates and other prices and fees and may also announce such changes immediately prior to the use of a particular service.

For campaigns such as free trials or recurring discounts, specific terms and conditions apply, about which the customer is informed via the available communication channels. Digital Republic reserves the right to revoke or cancel these campaigns for the customer if the set conditions are not met. Changes to the prices or conditions of such campaigns can be made at any time, in which case the customer will be informed in good time via the available channels.

The customer’s payment obligation begins with the purchase of a product or when the respective service element is activated. When tariffs, data packages and options are purchased, their prices and their respective terms or validity periods are displayed in the customer portal.

If the Customer has not selected automatic renewal of the respective tariff, the respective data package or the respective option, the service in question cannot be used further after expiry of the applicable term or validity period and any remaining credit expires. The automatic renewal of tariffs, data packages and options can be activated or deactivated at any time via the customer portal.

You can upgrade to a higher tariff at any time. The upgrade will take effect immediately. The amount paid for the previous tariff will be credited pro rata. A downgrade to a lower tariff (incl. adjustment of the speed profile) takes place at the end of the respective tariff term.

Digital Republic prepares its statements based on its technical records and makes them available to the Customer on the customer portal. Digital Republic may aggregate different statements of the Customer and claim minor amounts together with a subsequent statement.

Partial billing units are billed as full units.

The respective statement of the Customer contains only those services for which corresponding billing data is available. Claims relating to subsequently provided billing data (e.g. for the use of roaming services) can be asserted with later statements or debited to the deposited means of payment.

Digital Republic may bill amounts owed by the Customer in connection with the purchase of chargeable Third-Party Services (in particular value-added services) together with the billing of its own services.

The Customer shall send any objections to a statement via e-mail to [email protected] within 30 days of its provision, including the reasons for the objections. For this purpose, the Customer has the right to request evidence on the connections made provided that he is the owner of the relevant Connection. Otherwise, the statement shall be deemed to have been accepted by the Customer. If the objections only concern a partial amount of the statement, the Customer shall pay the undisputed amount on time.

If there is any doubt about the Customer’s willingness or capacity to pay or if there is any suspicion of misuse, Digital Republic may immediately block all or individual parts of the Service.

The provisions of this clause 5 are also applicable if Digital Republic handles the billing and debt collection for third parties.

The fees for the tariffs, data packages and options purchased as part of the Service (e.g. the fee for monthly or annual tariffs) cannot be refunded.

Similarly, refunds cannot be claimed for limited time promotions, special offers and the like. A refund can only be made if the Service has neither been activated nor used, and the SIM card is returned to Digital Republic in its unopened packaging.

Refund claims of the Customer due to overpaid amounts will be credited to the Customer’s billing account and offset against the amount of the next statement.

The Customer undertakes to pay the amount stated in the statement by deposited valid credit card. Only the credit card providers announced in the customer portal are accepted. Other forms of incoming payments are not accepted. The credit card is billed or charged immediately when a tariff, a data package or an option is purchased (prepaid). Voice and SMS roaming tariffs, third-party services (in particular value-added services) and other services are billed monthly in arrears (post-paid).

If the Customer fails to meet his payment obligation, in particular because the debiting of the credit card cannot be carried out properly due to restrictions imposed by the Customer, the Customer shall be in default immediately and without further formality. Default shall also occur if the Customer objects to a partial amount of the statement but does not pay the undisputed amount on time.

Digital Republic reserves the right to charge default interest at a rate of 5%. In addition, the customer shall bear all costs incurred by Digital Republic in connection with the default in payment. The applicable reminder fees can be found in the fee schedule¹¹. Digital Republic may at any time engage third parties for the collection of debts. The customer shall pay minimum fees for this and shall pay these directly to the third party engaged. In addition to the minimum fees, the customer shall pay the individual costs and expenses of the third party involved that are necessary for the collection.

If the Customer is in default, Digital Republic may, to the extent permitted by law, immediately block all or individual service elements, take further measures to mitigate damages and/or terminate the Contract without notice or any compensation being due.

The Customer shall pay for the Service received in due time.

The Service is intended for private and/or business use to the usual and average extent (fair use).

Mobile phone subscriptions are intended solely for use in smartphones and may not be used by the customer in mobile routers or other devices. For use in a router, only the flat-rate data tariffs Flat 0.4 up to and including Flat 2000 are permitted.

The Customer is responsible for the use of the Service in accordance with the law and the Contract. Furthermore, the Service may not be misused. In particular, the following shall be deemed to be a use of the Service in breach of the law or the Contract, and/or misuse of the Service

If the use of the Service by the Customer deviates significantly from the usual and average private and/or business use (fair use) or if there is a use by the Customer or by persons under his responsibility which is contrary to law or to the Contract and/or which is abusive, Digi-tal Republic is entitled to require the Customer to use the Service in accordance with the law and the Contract, to take appropriate measures without prior notice (e.g. blocking or restricting services, in particular limiting transmission speed), to terminate the Contract, the Connection concerned or individual service elements without notice or any compensation being due, and, if necessary, to demand compensation for damages as well as indemnification against claims by third parties. The same applies in the event of incorrect or insufficient information provided by the Customer when ordering/registering.

The Customer is free to obtain several Connections from Digital Republic. As the Contract and Connection holder, the Customer is at all times fully responsible for the payment of all amounts resulting from the use of the Connections registered to him in the customer portal, as well as for the use of these connections free from misbuse and in compliance with the law and the Contract, regardless of whether he uses them himself or allows third parties to use them. The obligation to pay billed amounts also applies to Third-Party Services which were obtained or ordered via the Customer’s Connections (in particular value-added services). If the Cus-tomer allows minors to use Connections, he is responsible for compliance with the relevant provisions for the protection of minors.

In the event of excessive, unlawful or abusive use of individual connections or in the event of payment arrears or defaults, Digital Republic is entitled to take the measures mentioned in section 6.2 for all of the customer’s connections.

The Customer is responsible for the content of the information (in any form: voice, SMS/ MMS or data) which he transmits or has processed within the scope of Digital Republic Service or which he makes accessible to third parties.

The use of the Service requires the use of suitable and compatible end devices (e.g. smartphones, tablets or Internet of Things (IoT) devices, incl. associated software and any eSIM) by the Customer. The Customer is responsible for the acquisition, installation, functionality and legal conformity of these end devices. If the Customer uses an end device with a permanently installed SIM chip (eSIM) for the use of the Service, the SIM chip is part of the Customer’s end device. Digital Republic does not grant the Customer any investment protection.

Digital Republic and the Network Operator are entitled at any time to access the end devices used by the Customer for the purpose of configuration, maintenance, optimisation or expansion of their services through remote maintenance via the mobile network, and to view, change, update or delete existing technical data or software. This applies in particular to updates in the settings of the SIM card or the eSIM profile (e.g. security certificates). In the context of remote maintenance, Digital Republic or the Network Operator gain insight into those data of the Customer that are directly related to the configuration of the end device as well as the Service. The liability of Digital Republic and the Network Operator for any damage to the Customer’s end devices and related equipment occurring in connection with the remote maintenance is excluded.

The electromagnetic fields caused by the Customer’s end devices can interfere with the functioning of other devices (e.g. hearing aids, pacemakers or household appliances). To prevent interference, the safety and usage conditions specified by the manufacturers must be observed and a sufficiently large distance must be maintained. The Customer must inform himself about prohibitions and restrictions of use (e.g. in road and air traffic) and comply with them.

The Customer shall protect his end devices and data from unauthorised access by third par-ties. He shall take measures in accordance with the current state of the art to prevent his end devices from being used for the dissemination of illegal or otherwise harmful content, in partic-ular mass advertising (spam), fraudulent messages (phishing e-mails/SMS) and harmful soft-ware (viruses, trojans, etc.).

The Customer acknowledges and accepts that, in the event of cross-border use of the Service, the automated notification of roaming prices (tariff notification) to his end device cannot be guaranteed and activation or deactivation of this notification may not be possible depending on the SIM card or eSIM profile.

The Customer must follow the security instructions communicated or otherwise made known by Digital Republic. In particular, the customer must regularly back up his data and carefully store access data (login), passwords, two-factor authentication methods, PIN and PUK numbers and not pass these on to unauthorized third parties. PIN and PUK numbers must also be kept separately from the Customer’s end devices or SIM card.

The customer must report the loss of access data (login), passwords, two-factor authentication methods, PIN and PUK numbers, a SIM card or a device with an activated eSIM profile immediately by emailing [email protected]. Until the connection is blocked, the customer is in any case obliged to pay for the services obtained via the corresponding connection (e.g. in the event of the connection being used by unauthorized third parties in the meantime).

When ordering/registering, the Customer must prove his identity by means of a passport, an identity card or a foreigner’s identity card within the meaning of Articles 71 and 71a of the Ordinance of 24 October 2007 on Admission, Residence and Gainful Employment (VZAE).

Digital Republic may request the proof of identity again if this is necessary for security reasons, in particular to ensure that recovery codes for two-factor authentication do not fall into the hands of third parties.

Furthermore, the Customer is obliged to keep his contract, billing and e-mail addresses up-to-date at all times in the customer portal.

The e-mail address provided by the Customer and stored in the customer portal is considered the primary delivery address of the Customer. Accordingly, Digital Republic generally sends information relevant to the Contract (e.g. statements, reminders, changes to services and/or contractual terms, operational information such as maintenance work, etc.) to this e-mail address or makes this information known to the Customer in another suitable manner (e.g. by making it available in the customer portal). Information transmitted or made known in this way shall be deemed to have been validly delivered.

The responsible and legally compliant handling of data is important to Digital Republic. Digital Republic complies with the applicable laws at all times, in particular the Swiss data protection and telecommunications law. Digital Republic primarily collects and processes the data required for the provision and further development of the service (in particular, ensuring a high quality of service and the security of operations and infrastructure), the execution of the contract, the processing and maintenance of the customer relationship, invoicing and compliance with legal requirements.

For information on how Digital Republic handles customers’ personal data, please refer to the privacy policy, which is a separate part of these terms and conditions.

The parties undertake to treat as confidential all information which is not generally known and which they learn in connection with the provision and use of the Service within the framework of the contractual relationship or about the customers and business relationships of the other party.

Digital Republic is entitled to pass on information and data about the Customer to companies of the Digital Republic group as well as to involved third parties in Switzerland and abroad (in particular to the Network Operator), if and to the extent that this is done by the involved third parties in order to fulfil their contractual obligations.

In the event of a breach of contract, Digital Republic is liable, unless it proves that it is not at fault, for proven direct material and financial damage, per damaging event, up to the equivalent value of the services obtained during the last contractual year of the Connection concerned, in no case higher than a maximum of CHF 50,000. Liability for indirect or consequential damage, in particular loss of profit and loss of data, is excluded to the extent permitted by law. Furthermore, Digital Republic is not liable for damages resulting from use of the Service in violation of the law or the Contract or misuse of the Service by the Customer or persons under his responsibility.

Digital Republic accepts no liability in cases of force majeure or for damages for which Digital Republic, the Network Operator or other third parties involved are not responsible or which have arisen as a result of the blocking or termination of services by Digital Republic. All unforeseeable events are considered as force majeure, including in particular power failure and the occurrence of harmful software (e.g. viruses or trojans). In cases of force majeure, Digital Republic is also released from its obligation to perform.

Digital Republic reserves the right to change the Service and/or the contractual conditions (incl. tariffs, prices and fees as well as these GTC) at any time or to discontinue individual services. The Customer will be informed about changes in an appropriate manner (e.g. via e-mail or in the customer portal). Digital Republic will notify the Customer in good time in advance of any changes that are associated with a significant disadvantage for the Customer (e.g. significantly higher prices, the discontinuation or significant restriction of a service). In such cases, the Customer may terminate the Contract at the time the change comes into effect. If the change relates to a specific service (e.g. an option), the right of termination applies exclusively to this service. If the Customer fails to give notice of termination, the changes shall be deemed accepted. Price adjustments as a result of a change in legal requirements (e.g. an increase in the VAT rate) as well as price adjustments by third-party providers (e.g. of value-added services) do not entitle the Customer to terminate the Contract. Digital Republic may, at its discretion, submit one of the following alternative offers to the Customer after receipt of the termination notice:

Any changes or customer-specific ancillary agreements, amendments or supplements requested by the Customer require the written consent of Digital Republic.

The Customer may not transfer or assign the Contract or any individual rights and obligations thereunder without the prior written consent of Digital Republic. Digital Republic is entitled to assign or transfer the Contract or any individual rights and obligations thereunder to a third party at any time with discharging effect. In particular, Digital Republic is entitled to assign or transfer claims resulting from the Contract to third parties for the purposes of debt collection.

The Customer waives his right of set-off with regard to all claims against Digital Republic.

The contract is subject to Swiss law. The place of jurisdiction is Zug, Switzerland. Mandatory places of jurisdiction remain reserved.