General Terms and Conditions for the Testo Account, testo Smart Connect und testo Saveris Food Solution 

0.1 "Testo Account"

The "Testo Account" is the central system provided by Testo SE & Co. KGaA for the registration, authentication and administration of users, which enables access to certain digital services of the Testo Group. The Testo Account includes the synchronization of all compatible Testo measuring devices with the Testo Smart App. Users can view these devices online via Testo Smart Connect; no paid subscription/license is required for this. There is no entitlement to registration.

0.2 "Digital services"

"Digital Services" are digital products and services provided by a company of the Testo Group, in particular cloud-based software, platform services, mobile applications and web-based portals including associated functions, user interfaces, interfaces and documentation, in each case in the version released by Testo. The specific scope of services and functions results from the respective agreed subscription/license. Digital services and products are in particular, but not exclusively, testo Smart Connect, testo Smart App and testo Saveris Food Solution.

0.3 "testo Smart Connect"

"Testo Smart Connect" refers to a cloud-based platform of the Testo Group for the storage, management, online display, evaluation and provision of data from compatible Testo products as well as for user and device management in connection with the digital services used in each case.

0.4 "Subscription" / "License"

"Subscription" or "License" means the fee-based, time-limited right of use to certain digital products and services and/or modules. The scope, term, prices, billing method and, if applicable, country-specific terms and conditions of purchase result from the offer, order confirmation, order confirmation, subscription booking or invoice.

0.5 "testo Saveris Food Solution"

"Testo Saveris Food Solution" is a modular FoodSafety solution for the food industry, consisting of software components and – depending on the design – stationary monitoring (e.g. wireless sensors), hand-held measuring devices (e.g. with interchangeable probes) and a control unit. The use of the digital functions usually requires a separate subscription/license, unless expressly agreed otherwise.

1.1 These General Terms and Conditions ("GTC") govern the provision and use of (i) the Testo Account ("Account") and (ii) the digital services of the Testo Group accessible via it, in particular Testo Smart Connect ("Cloud") as well as – to the extent expressly agreed – other digital services (e.g. Testo Saveris Food Solution and/or optional additional modules).

1.2 These GTC apply exclusively to users who are entrepreneurs within the meaning of § 14 BGB, legal entities under public law or special funds under public law.

1.3 The contractual partner of the user is exclusively the company of the Testo Group that is expressly named as the provider in the respective offer, order confirmation, subscription booking or invoice. The central provision of the Testo Account by Testo SE & Co. KGaA does not constitute an independent contractual relationship for individual services. Contracts for individual services are concluded exclusively with the respective named provider.

1.4 Conflicting or deviating terms and conditions of the user shall not become part of the contract unless their validity has been expressly agreed to in writing. A lack of express objection to such terms does not constitute consent.

2.1 Access to the Account and Cloud requires registration by the User, the creation of a User Account and acceptance of these General Terms and Conditions.

2.2 After successful registration, Testo will provide the User with access to the Testo Account. Access to the cloud is provided to the user if and to the extent that he or she has a valid Testo account. The provision of hardware, software and other services is carried out in accordance with the terms and conditions specified in the offer and in the contract documents.

2.3 The user is not entitled to register an account. Testo can refuse registration without giving reasons.

2.4 Each user is only allowed to register once with a user account. User accounts and their contents are not transferable to other user accounts.

2.5 The User is obliged to handle his/her access data with care, not to disclose them to third parties and/or not to allow any unauthorized third parties to access the User Account by circumventing the access data. The user is liable for all activities that take place under the use of his user account and for which the user is responsible. The User shall immediately change his/her password for his/her User Account if he/she has reason to believe that the access data may have become known to unauthorized persons.

2.6 Subject to a separate agreement, the use of the Account and the Cloud does not include support and other services such as installation, customization, programming, consulting or training services, unless such service is necessary to remedy a defect in the Account and the Cloud.

2.7 The following also applies to testo Smart Connect: When registering for the account, the user must confirm his or her registration by clicking on an activation link, which will be sent to the e-mail address provided during registration. The user account remains blocked until successful verification. If the verification is not carried out within 72 hours of registration, Testo reserves the right to delete the incompletely registered user account. The user will be informed by e-mail before deletion

3.1 The subject of the user agreement is the use of the account provided and the cloud and, if applicable, the management, evaluation and other use of data collected by Testo devices and transferred by the user to the cloud. This includes, for example, user data, measurement location and time, device information as well as future usage and function enhancements provided by Testo. The scope of services expressly does not include the Internet connection via a device and/or the connection of measuring devices of the respective user to the account and/or cloud.

3.2 The application under No. 3.1 serves only as a description of services and contains neither quality agreements nor guarantees.

4.1 During the term of the Cloud provided by Testo, including the Subscription Term and all Change Periods (hereinafter Subscription Term), Testo grants the User a non-exclusive right of use, non-transferable and worldwide right to use the Cloud and the Cloud Content.

4.2 The User may allow authorized persons to use the Cloud. "Authorized Persons" are defined as persons at the User or its affiliates to whom the User grants their own access authorization to use the Cloud.

4.3 Testo enables the user to upload, store, create, send or display their own data in compliance with the following rules. The measurement data brought into the cloud by the user is the sole responsibility of the user. Testo does not undertake to check the user content for completeness, correctness, legality, timeliness, quality and suitability for a specific purpose. The User is otherwise not permitted (except in accordance with 4.2) to sublicense, license, sell, rent, lease or otherwise make available to third parties the use of the Account or the Cloud.

4.4 When using the Cloud, the User may not:

a) copy, translate, disassemble, reverse engineer or otherwise modify or create derivative works of the Cloud, in whole or in part (except to the extent permitted by law); however, the documentation provided for the use of the cloud may be copied to the extent necessary for internal purposes;

b) use the Cloud in violation of applicable law, in particular the User may not transmit any content or data that is illegal or has been obtained illegally or infringes the intellectual property rights of third parties;

c) circumvent or jeopardize the operation or security of the Cloud.

4.5 The storage of the data for a specific purpose or for a specific period of time (outside the respective system requirements) is not or cannot be guaranteed or otherwise ensured by Testo for technical and factual reasons. In particular, the cloud is therefore not suitable for complying with retention periods under commercial or tax law. Testo is not liable for data loss in the account or in the cloud, unless there is intent or gross negligence on the part of Testo.

4.6 Testo is to be used in particular in the event of violations of No. 4.4., is entitled to refuse to post User Content and/or to edit, block or remove User Content that has already been posted without prior notice. If the posting of the User Content by the User or the posted User Content itself violates these Terms of Use, Rules of Conduct or legal regulations, or if the User has otherwise culpably violated contractual obligations, access may be blocked. In doing so, Testo will take into account the legitimate interests of the user and choose the mildest means to avert a violation. Testo will inform the user about this measure by e-mail.

4.7 The User undertakes not to transmit any content that violates these General Terms and Conditions, applicable law or morality through content, form, design or in any other way.

4.8 Testo or Testo's affiliates may create analyses that partly use technical user data and information derived from the user's use of the cloud, as described below (hereinafter referred to as analyses). The analyses anonymize and aggregate information and are treated as cloud content. Unless otherwise agreed, the personal data contained in the User Data will only be used to provide the Cloud to the User. In particular, the analyses can be used for the following purposes:

a) Product improvement (in particular product features and functions, workflows and user interfaces) and development of new Testo products and services)

(b) Improving the allocation of funds

c) Internal requirements planning

d) Training and development of machine learning (AI) algorithms

e) Improvement of production performance

f) Verification of security and data integrity

g) Identification of industry trends and developments, creation of indices and anonymous benchmarking

4.9 Testo may specify further rules for the transmission of User Content.

5.1 The user data legally remains with the user or the respective rights holder. "User Data" means all data that the User uploads to the Cloud, stores, creates, sends or displays there, including measurement data, metadata (e.g. measurement location, time stamp), devices and operating information collected by Testo devices, insofar as these are assigned to the User. There is no transfer of ownership or exclusive rights to user data to Testo.

5.2 For the term of the User Agreement, the User grants Testo a simple, non-exclusive, worldwide right to process User Data insofar as this is necessary to:

(i) provide the cloud in accordance with the contract,

(ii) ensure operation, IT security, error analysis and troubleshooting,

(iii) provide support services, and

(iv) comply with legal obligations.

Testo is entitled to use subcontractors and hosting providers to fulfil these purposes. Insofar as analyses are based on user data, the provisions on user data in No. 4.8

5.3 The User warrants that he or she has the rights and/or licenses to the User Data required for contractual use and the transfer of rights in accordance with Clause 5.2 and that the processing of User Data by Testo under these Terms and Conditions does not infringe any rights of third parties.

All rights to the account, the platform and the cloud are exclusively owned by Testo and are protected by copyright or other intellectual property rights.

7.1 The User may use the Account as long as he/she has valid licenses to the appropriate extent and/or a corresponding User Account. Access to the cloud is generally possible during the term of the subscription.

In the event of a different number of licences (in particular sub-licensing of data loggers), Testo is entitled to limit access to the data until the user has acquired sufficient licences. Only then will full functionality be available again.

7.2 In accordance with the following provisions, Testo reserves the right to amend the terms and conditions, provided that this change is reasonable for the user, taking into account the interests involved. This is particularly the case if the respective change does not represent a significant legal or economic disadvantage for the user. In addition, the User will be informed by e-mail before any change to these Terms and Conditions with reasonable notice, no later than four (4) weeks before they take effect. The User may object to the changes in writing with a notice period of two (2) weeks from receipt of the notification of the change. The changes will be an integral part of the contract without objection. In the event of a timely objection, Testo is entitled to terminate the user agreement or the subscription in question at the time the change takes effect; until then, the previous conditions will continue to apply. In the notification of change, Testo will point out the consequences of the objection.

7.3 Testo is entitled at any time to further develop, change or supplement the Cloud in whole or in part. This may also lead to function reductions or shutdowns as well as service discontinuations or the relocation or removal of features (from packages or bundles), so that features that were previously included in the respective scope of services can only be available in the future for additional remuneration and/or only within the framework of another package/bundle. Testo shall inform the User of any significant changes relevant to the contract by e-mail at least four (4) weeks before they take effect. The User may object to the changes with a notice period of two (2) weeks from receipt of the notification of the change.

in writing or by e-mail. Insofar as the change represents a significant change that not only significantly impairs the use of the cloud or eliminates an essential core function, the user is also entitled to terminate the contract extraordinarily with effect from the time the change takes effect. The changes will be an integral part of the contract without objection. In the notification of change, Testo will point out the consequences of the objection.

7.4 Testo always provides solutions that are as technically up-to-date as possible. For reasons of technical progress, security, technical availability, as well as for reasons of the stable operation of the platform and the integrity of our systems, Testo reserves the right to switch off or change individual functions, applications and programs in the cloud, provided that the contractual purpose underlying the use of the cloud is not impaired and the user can reasonably be expected to make the change. If possible, Testo will offer the User improved alternatives in each such case, insofar as it is within Testo's sphere of influence. Changes to existing functions or the provision of new functions are integrated by Testo in so-called software releases.

7.5 The User must comply with appropriate security standards for the use of the Cloud by the Users authorized by him. The User will not carry out or approve any penetration tests of the

Cloud without the prior consent of Testo. User is solely responsible for determining the suitability of the Cloud for its business processes or those of its Authorized Users and for complying with all applicable legal requirements relating to User Data and its use in the Cloud. The User must provide the necessary cooperation in connection with the provision of the Cloud Services by Testo at his own expense, such as infrastructure and telecommunications facilities for access to the cloud. The cooperation of the user is a necessary prerequisite for the proper fulfilment of Testo's obligations. The User shall bear all consequences and costs resulting from the breach of his obligations.

7.6 After a termination or other termination of the subscription takes effect, Testo is entitled to block access to the user data and delete the user data, provided that there are no statutory retention obligations or other legal authorizations for further storage.

8.1 Testo strives for a high level of availability of the Platform. A specific availability or continuous accessibility is not owed, unless expressly agreed otherwise. Times of planned and duly announced maintenance work (at least 24 hours in advance), as well as all maintenance work that is urgently necessary through no fault of Testo and carried out without proper notice, shall not be taken into account for the determination of the availability time.

8.2 Testo shall take and maintain appropriate technical and organisational measures in accordance with the state of the art to protect the data processed by Testo in the context of cloud use against unauthorised access, loss or destruction.

9.1 The prices announced from time to time apply. Testo reserves the right to change the prices with a notice period of four weeks to the end of the month. The customer receives a special right of termination with a notice period of 14 days after notification. Irrespective of this, Testo is entitled to adjust the prices for each contract extension.

9.2 The User may make payments of the purchase price via the payment methods specified by Testo. Payment methods may be changed, restricted or expanded from time to time. The customer is not entitled to payment using a specific payment method.

9.3 Payments can be processed by payment service provider Adyen, a service of Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, The Netherlands (hereinafter referred to as "Adyen"). The use of Adyen serves to optimize and efficiently implement payment processing. Adyen enables Testo to accept a variety of payment methods through a single, integrated platform. In the event of non-execution of the payment or default of payment, the customer will be again requested and/or reminded by Testo to pay.

10.4 When using the payment service provider PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at:

ww.paypal.com/de/legalhub/paypal/home.

The use of PayPal requires, among other things, that the user opens a PayPal account or already has such an account. In the event of non-execution of the payment or default of payment, PayPal will again request and/or remind the user to pay.

9.5 In the event of default of payment and reasonable doubts as to the user's solvency or creditworthiness, Testo is entitled – without prejudice to other rights – to demand securities or advance payments for outstanding deliveries and services or to make deliveries and services only against cash on delivery or advance payment, and to make all claims arising from the business relationship immediately due.

9.6 If a set payment deadline is exceeded, Testo will charge interest at the rate of 9% above the base interest rate, subject to the assertion of further damages.

9.7 In the event of rejection of the credit card charge, the User undertakes to pay the price plus any costs incurred within 10 days of receipt of the service. These costs include, but are not limited to, the costs incurred due to the revocation of the credit card debit.

9.8 Only undisputed or legally established claims entitle the user to offset or withhold. He may not assign claims against Testo.

10.1 The User will be informed of critical events (e.g. the loss of the appropriate cooling temperature for the storage of food) by means of an alarm function via a mobile app or by SMS or by e-mail (must be set up).

10.2 According to the current state of the art, the constant availability of alarm functions via the Internet or mobile networks cannot be guaranteed. The proper delivery of messages by SMS or e-mail may be affected by various factors beyond Testo's control (e.g. failure of transmission lines, failure of web servers or spam filter rules of the receiving servers, failure of the mobile network).

10.3 Testo provides the alarm function as a service that the user can use at his own risk, without Testo being able to assume any liability or warranty for the proper functioning of the alarm functions. Testo is not liable for damage resulting from late or non-delivery of an alarm.

10.4 Special feature for Saveris Food Solution: The alarm functions are used to detect process and system errors that should not occur in normal operation and usually lead to remedial action by the user. In the event of a disproportionately high number of alarms (more than 100 alarms per month and location), Testo assumes that the product has been misconfigured or used improperly. In such cases, Testo reserves the right to restrict the alarm functions, limit the transmission of alarm messages or charge the user additional costs. If Testo determines that higher costs are incurred by forwarding alarms to numbers in third countries and informs the user of this, the user is obliged to make changes to the system immediately. Otherwise, Testo is entitled to restrict the alarm functions, limit the transmission of alarm messages and/or charge the user additional costs.

10.5 Special feature for testo Smart Connect: The following additional regulations apply to the use of "SMS Alarming":

The user optionally purchases "SMS Alarming" as part of the configuration of the subscription (or subscription). This will be done either directly or at a later date. The "SMS Alarming" includes an SMS package corresponding to the number of SMS offered. These are consumed/sent depending on the alarm settings of the user. To ensure that the user is continuously alerted, a new package (with the same number) is automatically booked again when the SMS are used up. Before Testo makes a rebooking, the user is informed that he only has a remaining stock of 25 SMS and that a new package will be purchased shortly. During

this time, the user has the option of deactivating the automatism in the Subscription Portal. Once deactivated, the user will continue to receive SMS alerts until their remaining SMS package is completely used up. Unused SMS will expire upon termination of Subscription Data Monitoring and will not be refunded.

11.1 Testo analyses and rectifies errors in the cloud in accordance with recognised standards. "Error" for the purposes of these Terms is any disruption of a function of the Cloud reported by the User, insofar as the disruption

· significantly limits the usability of the cloud, or

· causes corruption or loss of data within the platform.

11.2 In the event of serious errors, Testo will endeavour to remedy them within a reasonable period of time.

11.3 Liability for defects in relation to the Account and/or the Cloud requires compliance with specified technical system requirements. The user's network must be protected from unauthorised access by means of appropriate security measures in accordance with the current state of science and technology.

11.4 If, at the request of the User, Testo has adapted its service with regard to software, components of third parties or the User, or has integrated it into or connected to Testo products, the responsibility for the technical and legal characteristics lies with the User.

and consequences of these adaptations or third-party components for the user. This also excludes Testo from liability.

11.5 Warranty claims for defects shall only exist on the basis of defects that are reproducible or can be described in a comprehensible manner by the contractual partner.

11.6 Functional impairments resulting from the Contractual Partner's area of responsibility, e.g. due to improper operation or attempts to repair the Software by the User or third parties, a change of system or operating system, natural wear and tear, negligent handling, weather conditions or unsuitable chemical, physical, electromechanical or electrical influences, or due to other circumstances, shall not constitute a defect.

11.7 Software is subject to constant improvement efforts during use and therefore an update may have to be made at certain intervals. This does not represent a defect, but is a system-immanent property of software.

12.1 The use of the Account and the Cloud is at the User's own risk. Testo would like to draw attention to the fact that the absolutely error-free creation of software, in particular complex software systems, is not possible or not possible with reasonable expenditure according to the current state of the art.

12.2 If the User wishes to assert defect rights, he must immediately report discovered defects in writing in a comprehensible form. To this end, he must carry out all reasonable necessary

measures to identify, limit and document deficiencies. These generally consist in the provision of appropriate information, e.g. defect reports, system logs, memory extracts, affected input and output data, intermediate and test results. If a claim exists due to a defect at the time of transfer of risk, the remedy of the defect may include that Testo first provides the user with reasonable options for avoiding or circumventing the effects of the defect ("workaround"). The request for subsequent performance can be made at Testo's discretion by means of a rectification or, in the case of subsequent delivery, also by updates or punctures.

12.3 After refusal or final failure of subsequent performance (at least two subsequent performance attempts per defect), the user has the right to withdraw from the contract or to reduce the remuneration. The right to remedy the defect itself and to demand reimbursement of the necessary expenses is excluded.

12.4 If services are provided by Testo during the search for or elimination of defects that it is not obliged to provide (e.g. by searching for an undetectable defect or a defect that does not originate from Testo's area of responsibility), additional remuneration may be charged for this, depending on the effort. The entitlement to remuneration does not apply if it was not apparent to the user that there was no defect.

12.5 The User's claims for defects shall become time-barred after one year from the date of the User's knowledge of the defect, unless the defect was fraudulently concealed or is based on gross negligence on the part of Testo. Claims by the User for defective rectification by Testo shall become statute-barred after one year from the date of acceptance by the User. Improvements by Testo do not cause the limitation period to start again.

12.6 If the user receives updates or new versions of software outside of charge free of charge, this shall be done without any warranty of the user's own. However, new software versions free of charge do not affect any liability claims for defects and their limitation periods with regard to the originally acquired software version.

13.1 Testo is liable in accordance with the statutory provisions

· in the event of intent and gross negligence,

· in accordance with the provisions of the applicable product liability laws,

· in the event of injury to the life, body or health of a person.

13.2 Testo shall not be liable for indirect, incidental or consequential damages, regardless of the legal grounds, including loss of profit or goodwill, loss of work or claims attributable to a malfunction of the cloud.

13.3 In the event of negligent property damage and financial losses, Testo shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damages foreseeable and typical of the contract at the time of conclusion of the contract; essential contractual obligations are those whose fulfilment characterises the contract and on which the user may rely.

13.4 Testo's liability in the event of negligent breach of a material contractual obligation proven by the commercial user for all cases of damage occurring in the same contract year shall be limited as follows:

· The maximum liability amount per contract year is a maximum of 5,000 euros.

· If the maximum liability amount is not reached in a contract year, the maximum liability amount shall not increase in the following contract year. A contract year in the above sense is the first period of twelve months from the date of provision in accordance with the contract and each subsequent twelve-month period.

13.5 In all other respects, liability is excluded.

13.6 Statutory limitations of liability that deviate from the above liability provisions for the benefit of Testo remain unaffected.

13.7. The above limitations of liability shall also apply in the event of the fault of a vicarious agent of Testo as well as for the personal liability of Testo's employees, representatives and organs as well as for claims for reimbursement of expenses.

13.8 All claims against Testo arising from contract, tort or other loss of confidence shall become statute-barred after one year, unless there is intent on Testo's part. The regular limitation period begins at the end of the year in which (i) the claim arose and (ii) the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence, unless otherwise stipulated.

14.1 The Parties shall treat all Confidential Information as confidential to the same extent as their own Information and shall not comply with less than an appropriate standard of care. The parties will take all necessary measures to protect information that has become known to them from misuse, unauthorized access by third parties, duplication, use, unauthorized access and use, and to control access to any impersonations, copies or other reproductions. Confidential Information of the other party may only be disclosed or disclosed to third parties who are subject to confidentiality obligations as set forth herein and only to the extent necessary to enable the receiving party to exercise its rights or perform its obligations (need-to-know principle).

14.2 Confidential information within the meaning of this Agreement means, regardless of the storage medium and the manner in which knowledge is obtained, all business, commercial, financial, technical or other facts, documents, documents (also in the technical sense), plans, films, templates, production and process processes, workflows, lists, organizational charts, data flow plans, evaluations, internal regulations, or other processes of any kind that are relevant to the respective Contracting parties of business interest are known within the framework of the service. Confidential Information also includes all copies made thereof, materials and data created by the Confidential Information, and all extracts and summaries thereof.

14.3 Excluded from the duty of secrecy are information that:

· were public knowledge or common knowledge at the time of receipt,

· have become apparent after receipt through no fault of the receiving party,

· were already known to the receiving party at the time of receipt, and/or

· become known after receipt of the receiving party by an authorized third party, and/or

· independently developed by an employee of the other contractual partner who did not have access to the confidential information communicated.

14.4 Insofar as Testo or the User invokes the existence of one of the above exceptions, the User shall have the burden of proving that one of the above exceptions has been met.

14.5 A transfer to third parties is only permissible in individual cases with the prior written consent of the other contracting party. In this case, the third party is obliged to confirm the non-disclosure agreement as binding for itself by signing. Any opening, processing or use of data and information for other purposes is prohibited.

14.6 The User and Testo may not use the name of the other party in public without the prior written consent of the other party. However, Testo is entitled to use the User's name in user lists (reference lists) or in quarterly discussions with its investors or at the times mutually agreed by the parties as part of its marketing efforts (including reference meetings and success stories as well as press reports). Testo can provide information about the

Share users with its affiliates for marketing and other business purposes. To the extent that this includes the provision and use of contact information of the User's contact persons, the User will obtain the appropriate permissions, if applicable.

Testo processes the user's personal data. Further information on the legal basis and the principles of data processing can be found in our privacy policy at:

a) https://www.smartconnect.testo.com/privacy-policy

b) https://www.saveris.testo.com/privacy-policy

To host the platform, Testo works with certified IT service providers. In addition, Testo makes sure that it only works with subcontractors who meet the state of the art and who are bound by the same rules of confidentiality and data protection as Testo has towards the user.

17.1 Should any provision of these General Terms and Conditions be or become invalid in whole or in part, the remaining provisions shall not be affected.

17.2 Changes or additions to the above General Terms and Conditions must be made in writing. The amendment or cancellation of the written form requirement must also be in writing.

17.3 German law shall be deemed to have been agreed upon to the exclusion of UN law. The place of jurisdiction is Freiburg im Breisgau.