General Terms of Use

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Revision of 9 September 2026: arrears repayment plans and restoration of eligibility. CGU-2026-09-09

Use of hype SWISS platforms, digital services and telecommunications services
hype SWISS Sàrl - 12, rue des Gares - CH-1201 Geneva - Switzerland - UID: CHE-432.029.501 - hype@hype.swiss - +41 22 404 05 55 - hype.swiss
Telecommunications operator / service provider registered with OFCOM (BAKOM) - FST 2002157
Consolidated version - 9 September 2026 - Version identifier: CGU-2026-09-09. For contracts concluded in Switzerland, the French version is the reference version, subject to any mandatory law or specific contractual provision to the contrary.

01. PURPOSE OF THESE TERMS OF USE

These General Terms of Use (the “Terms of Use” or “GTU”) define the conditions under which any individual or legal entity may access the websites, platforms, applications, interfaces, customer areas, digital services, networks, telecommunications services, equipment, infrastructure, content and features offered directly or indirectly under the hype SWISS brand.

They are intended in particular to define:

• conditions of access to the platforms and Services
• Users’ obligations
• rules governing accounts and credentials
• permitted and prohibited uses
• security rules
• specific conditions relating to Mobile, Data, Internet, Wi-Fi, Fixed-line and VoIP services
• rules governing SIM cards, eSIMs and numbering/addressing resources
• the respective responsibilities of the parties
• rules governing content, software, data and intellectual property
• measures that may be taken in the event of abuse, fraud or a security incident
• conditions for suspending or terminating access
• the main regulatory rules applicable to use of the Services

These GTU apply whether or not the User has made a purchase. Where a commercial contract is entered into, they supplement the General Terms and Conditions of Sale, the order confirmation and any applicable Special Terms.

02. SCOPE

These GTU apply in particular to use of the hype.swiss websites and their language or technical versions, Customer accounts and areas, and the Services and infrastructure offered under the hype SWISS brand.

• Mobile and Data services
• SIM cards and eSIMs
• Internet and Wi-Fi
• fixed-line telephony and VoIP
• SIP, vPBX, Business Trunk, Microsoft Teams Trunk or similar services
• TV and audiovisual services
• bundles and combined offers
• POS, inventory and payment solutions
• software and digital platforms
• support and helpdesk services
• automated support tools and artificial-intelligence-based tools
• APIs and technical interfaces
• IoT or M2M services that may be offered
• cloud or cybersecurity Services that may be offered
• the hype SWISS Center and booking systems
• Ambassador, recommendation, affiliate or referral programmes
• events, competitions and promotional campaigns
• products, devices and equipment connected to the Services
• any new technology or feature subsequently marketed under the hype SWISS brand

Specific Services, technologies or uses may be subject to Special Terms supplementing these GTU.

03. DEFINITIONS

For the purposes of these GTU:

User : any person accessing a Platform or using a hype SWISS Service.

Customer : any person who has entered into a contract with hype SWISS.

Consumer : an individual acting mainly for purposes outside his or her trade, business or profession.

Business Customer / B2B : any person using the Services in connection with a commercial, professional, associative, administrative or institutional activity.

Platform : including hype SWISS websites, applications, customer areas, interfaces, portals, APIs and digital solutions.

Service : any service or feature offered by hype SWISS.

Partner : a network operator, wholesale provider, MVNO/MVNE, infrastructure provider, publisher, manufacturer, payment provider, carrier, integrator, hosting provider or other supplier involved in providing a Service.

Equipment : including a smartphone, router, modem, computer, tablet, Smart TV, TV stick, POS terminal, telephone, network equipment, SIM or other hardware.

04. CONTRACTUAL HIERARCHY

Where the User is also a Customer, the applicable documents are interpreted in the following order of precedence, unless a specific provision or mandatory law provides otherwise:

• 1. individual contract, order form or order confirmation
• 2. Special Terms or SLA
• 3. expressly applicable promotional terms
• 4. contractual fact sheet or offer description
• 5. applicable tariff catalogue
• 6. General Terms and Conditions of Sale
• 7. these General Terms of Use
• 8. Privacy Policy
• 9. shipping, return, refund, cookie and other supplementary policies
• 10. technical instructions

A higher-ranking document prevails only with respect to the specific matter it governs. Mandatory legal provisions always prevail over contractual documents.

05. ACCEPTANCE OF THE GTU

Accessing or using a Platform or Service requires the User to comply with these GTU.

Where express acceptance is required, it may be obtained by means of a tick box, handwritten or electronic signature, validation of an order, account activation, electronic confirmation or any other process capable of evidencing acceptance.

The User must read the GTU before using features that are subject to them.

06. LEGAL CAPACITY AND MINORS

A hype SWISS contract may be entered into only by persons having the required legal capacity or acting through a duly authorised representative.

A minor may use a Service made available by his or her legal representative within the limits authorised by that representative and by law.

Where youth-protection rules apply, in particular to value-added services or adult content, hype SWISS may apply the blocking and protective measures required by the applicable regulations.

07. ACCOUNT CREATION AND USE

Certain features require an account. The User must provide accurate, current and complete information.

In particular, the User must not:

• create an account under a false identity
• impersonate another person
• artificially create multiple accounts in order to circumvent a rule
• use another person’s account without authorisation
• circumvent a suspension or exclusion
• manipulate a promotion, referral, competition or commission system

hype SWISS may request any verification reasonably necessary to protect Users, the Services and its legitimate interests.

08. CUSTOMER IDENTIFICATION AND VERIFICATION

For Services requiring identification, hype SWISS may request the evidence required by the contract, applicable regulation, a Partner or fraud-prevention rules.

• official identity document
• electronic identity verification
• address or proof of residence
• commercial-register extract
• power of attorney
• information relating to the holder of a telephone number
• porting documentation
• any other information required for a regulatory or contractual obligation

Activation may be deferred until the required checks have been completed. The Customer must keep identification and contact details up to date.

09. CREDENTIALS, PASSWORDS AND ACCOUNT SECURITY

The User must keep secure and confidential all passwords, PIN and PUK codes, eSIM QR codes, SIP credentials, authentication codes, API keys, Wi-Fi keys, validation codes, recovery information and other access credentials.

The User must use sufficiently strong passwords and, where available, enhanced or multi-factor authentication. Any suspected compromise must be reported to hype SWISS immediately.

hype SWISS may require credentials to be changed, reset access or temporarily suspend an account where reasonably necessary for security.

10. RESPONSIBILITY FOR ACCESS

Use made with the Customer’s credentials is presumed to have been authorised where there is no indication to the contrary.

That presumption may be rebutted, in particular in the event of proven fraud, compromise that could not reasonably have been prevented by the Customer, a failure attributable to hype SWISS, or any other ground provided by mandatory law.

The User must notify hype SWISS without delay of any abnormal or unauthorised use.

11. LAWFUL AND FAIR USE

The User must use the Services in accordance with the law, the contract, these GTU, any Special Terms, their normal purpose, technical instructions and third-party rights.

Use must remain reasonable, fair and compatible with the normal operation of the infrastructure used.

12. PROHIBITED USES

Unless expressly authorised, the following are prohibited in particular:

• fraud, phishing or identity theft
• number impersonation or unlawful spoofing
• spam and unsolicited mass SMS or calls
• harassment, threats or unlawful conduct
• distribution of malware, viruses or ransomware
• DDoS attacks, intrusion, malicious scanning or probing
• account hijacking or data falsification
• manipulation of billing systems
• artificial traffic generation, call pumping or artificially remunerated traffic
• traffic arbitrage
• abusive use of GSM gateways/SIM boxes or SIM farms
• unauthorised resale of the Services
• provision of telecommunications services to third parties using an end-user subscription
• circumvention of technical restrictions
• abusive automated use
• unauthorised commercial sharing of credentials
• distribution of manifestly unlawful content
• infringement of intellectual-property rights
• any activity liable to damage infrastructure or disrupt other users

13. ANTI-FRAUD AND ANTI-ABUSE MEASURES

Where a serious risk is detected, hype SWISS may take proportionate measures to protect Users, its Services, its Partners and the networks.

• additional authentication
• request for supporting documents
• temporary restriction
• blocking of certain destinations
• usage limitation
• suspension of a SIM or eSIM
• suspension of an account or API
• change of credentials
• restriction of a payment method
• restriction of an international service
• termination for cause

Where circumstances permit, the User is informed and given an opportunity to remedy the situation. Immediate action may nevertheless be taken in an emergency, in the event of fraud or security risk, where required by law, or where there is a serious risk to a network or third parties.

14. ANTI-SPOOFING AND COMMUNICATION PROTECTION

hype SWISS and its Partners may implement measures required or permitted by regulation to detect calls or communications showing signs of number impersonation, falsified origin or fraudulent use.

Such measures may include technical indicators, suppression of caller-number display, filtering or, where permitted by applicable law and technically possible, blocking of a communication.

15. TELECOMMUNICATIONS SERVICES

Mobile, Data, Internet, Fixed-line, VoIP and similar Services are provided in accordance with the contract, the relevant catalogues, available technical characteristics, Special Terms, these GTU and applicable regulation.

Certain services rely on infrastructure or services supplied by technical Partners. Where the Customer subscribes directly with hype SWISS, the Customer’s contract remains with hype SWISS unless expressly stated otherwise.

16. REGULATORY STATUS OF hype SWISS

hype SWISS Sàrl is a telecommunications operator / service provider registered with the Swiss Federal Office of Communications (OFCOM/BAKOM) under reference FST 2002157.

hype SWISS complies with the obligations applicable to it according to the nature of the resources, networks and Services used and with the Swiss statutory and regulatory requirements in force.

17. COVERAGE AND AVAILABILITY

Coverage maps, estimates, eligibility tests and availability indications are indicative unless an express commitment provides otherwise.

A theoretically covered area may experience degraded conditions due, among other things, to terrain, buildings, distance, materials, vegetation, interference, number of users, works, faults, weather in certain environments, equipment or circumstances affecting a Partner network.

Permanent availability at every location cannot therefore be guaranteed, subject to any specific SLA or express guarantee.

18. SPEEDS AND “BEST EFFORT”

Unless an SLA expressly provides otherwise, electronic communications services are supplied on a “Best Effort” basis.

Advertised speeds may be theoretical, maximum, nominal or technically achievable under defined conditions. Actual speed depends in particular on the network, available technology, congestion, cabling, Wi-Fi, terminal and equipment.

No minimum or permanent speed is guaranteed unless expressly stated in the contract or an SLA.

19. WI-FI

A functioning Internet connection does not guarantee uniform Wi-Fi coverage throughout a home, building or business premises.

Wi-Fi performance may be affected by the layout of the premises, walls, materials, interference, frequencies, distance, equipment and the number of connected devices.

Additional solutions such as repeaters, access points or optimisation services may be required and may be supplied as a separate service.

20. OPEN INTERNET AND TRAFFIC MANAGEMENT

hype SWISS applies open-Internet principles in accordance with applicable law. It does not arbitrarily block, slow down or discriminate between content or applications.

Reasonable, transparent, proportionate and temporary measures may nevertheless be adopted to comply with a legal obligation, protect network integrity, prevent or combat an attack, protect users, manage exceptional or temporary congestion, prevent fraud or apply a contractually agreed speed limitation.

21. FAIR USE POLICY

The term “unlimited” does not mean that no usage rules apply. An unlimited offer remains intended for normal use consistent with the purpose of the product.

Any specific thresholds applying to an offer are stated in its fact sheet, catalogue or Special Terms.

Regularly or manifestly excessive, automated, commercial or artificial use, or use intended to circumvent the purpose of a Service, may result, depending on the contract, in notice, speed or service restriction, charging for excess usage, suspension or termination for cause.

22. SIM CARDS AND eSIMs

SIM cards and eSIM profiles are intended for use with the Service to which they are linked. The User must protect the SIM, eSIM QR code and PIN/PUK codes.

Copying, duplicating, tampering with, cloning or fraudulently using a SIM or eSIM is prohibited. In the event of loss or theft, the User must request blocking without delay.

Replacement of a SIM or eSIM, re-issuance of a profile or an additional activation may be charged in accordance with the applicable tariff.

23. EQUIPMENT COMPATIBILITY

The User must have equipment compatible with the technologies used. Compatibility may depend on the manufacturer, model, firmware, frequency bands, operator lock, SIM/eSIM technology, operating system or manufacturer policies.

hype SWISS does not guarantee compatibility with third-party hardware, software or services unless such compatibility has been expressly confirmed in writing.

24. TELEPHONE NUMBERS

Allocation of a number grants the Customer a right to use that number for the duration of the Service; it does not confer an absolute proprietary right.

A number may be changed where required for legal, regulatory, administrative or technical reasons. At the end of the contract, a number that has not been ported may be returned or reallocated in accordance with applicable rules.

25. NUMBER PORTABILITY

A Customer requesting porting warrants that he or she is the holder of the number or is duly authorised to act for the holder. The Customer must provide information corresponding to the data held by the previous provider.

Porting may be delayed or rejected, in particular where information is incorrect, a power of attorney is missing, the donor provider refuses the request, a regulatory restriction applies or a technical difficulty arises. A temporary interruption may occur during the transfer.

Porting a number does not automatically terminate other Services held with the previous provider. The Customer remains responsible for taking the necessary steps in relation to services not covered by the porting process.

26. EMERGENCY CALLS

Emergency calls are handled in accordance with the statutory and technical requirements applicable to the Service. The Customer must not regard a Best Effort service as an absolute guarantee that emergency calling will always be available.

For certain VoIP Services, location may depend on the registered address. The Customer must keep the primary service address up to date.

27. SPECIFIC VoIP LIMITATIONS

VoIP depends in particular on electricity, Internet access, the router, the terminal and network configuration. If power or Internet access is interrupted, VoIP telephony may become unavailable.

When used nomadically from a different address, the location associated with an emergency call may be inaccurate or unavailable.

Where continuity of communications is important, the Customer must retain a suitable alternative means of communication, such as an operational mobile telephone.

28. ROAMING

Roaming allows certain Services to be used abroad through Partner networks. Availability, technologies, speeds and accessible Services depend on the country and the visited operator.

The applicable prices, allowances and zones are those stated in the relevant offer or catalogue. Usage information received from a foreign network may be delayed.

29. PROTECTION AGAINST ROAMING CHARGES

Where Swiss regulation applies, hype SWISS implements the required protection mechanisms, including applicable cost limits, information requirements and regulatory blocking.

Subject to the applicable rules, the Customer may modify certain cost limits and separately activate particular types of use. Mobile networks on board aircraft or ships may be blocked by default in accordance with the applicable requirements.

The Customer remains responsible for monitoring use and settings, disabling mobile data where desired, and taking account of information messages received.

30. EU / EEA ROAMING

A Swiss SIM does not automatically benefit from the European “Roam Like at Home” regime. hype SWISS terms are determined by the zones, allowances and services described in each offer.

A commercial designation such as “Europe”, “EU” or “Zone 1” must not be understood as a legal or institutional definition of the European Union. The effective tariff list of countries and territories prevails.

31. VALUE-ADDED SERVICES

Calls or communications to 090x numbers, short numbers, Premium SMS/MMS, satellite numbers, specific services or external platforms may generate additional charges.

Such services are included in a flat rate only where expressly stated. Applicable prices and confirmation mechanisms are subject to the statutory requirements in force.

32. BLOCKING OF VALUE-ADDED SERVICES

Where required by applicable law, hype SWISS or its Partner provides free blocking of regulated categories of value-added services in accordance with the requirements in force.

Special rules protecting minors and restrictions on access to adult content are also applied where required.

33. CRITICAL EQUIPMENT AND APPLICATIONS

Unless expressly agreed in writing and supported by an appropriate SLA, hype SWISS does not guarantee the compatibility or availability required for critical systems such as medical devices, security alarms, fire systems, lifts, critical payment terminals, industrial machinery, life-safety devices, control systems or applications requiring continuous availability.

A Customer with a critical requirement must provide a suitable backup solution, redundancy, backup power and an SLA appropriate to its needs.

34. MAINTENANCE AND UPDATES

hype SWISS and its Partners may carry out maintenance, patches, migrations, network changes, security updates, software upgrades, infrastructure changes and platform replacements.

Such operations may cause temporary interruptions or reduced performance. Significant planned work is announced where reasonably possible.

35. SUPPLIERS AND PARTNER NETWORKS

hype SWISS may use one or more technical Partners. It may change, replace, add or diversify Partners where justified by technical, commercial, regulatory, operational, security, availability or technological considerations.

Where reasonably possible, a change of Partner should not substantially reduce the essential services agreed with the Customer. Any right to information or termination arising from a material adverse change remains reserved.

36. THIRD-PARTY SERVICES AND CONTENT

Certain features may provide access to content or Services supplied by third parties. Unless otherwise stated, those Services may be subject to the third party’s own terms.

hype SWISS does not become responsible for the third party’s content or contractual performance merely because it facilitates access to the Service. Where hype SWISS acts as a payment or technical access intermediary, its responsibility is limited to its own role, subject to mandatory law.

37. EXTERNAL LINKS

The Platforms may contain links to external websites. hype SWISS does not necessarily control those websites and does not guarantee their availability, security, content, privacy policy, prices or services.

The User accesses external services at his or her own responsibility and should review the applicable third- party terms.

38. SOFTWARE AND LICENCES

Any software supplied as part of a Service remains the property of hype SWISS, the supplier or the relevant rights holder.

Unless otherwise provided, the Customer receives a limited, non-exclusive, non-transferable and non-sublicensable right to use the software solely for normal use of the Service during the authorised period.

39. SOFTWARE RESTRICTIONS

Except where mandatory law permits otherwise, the User may not decompile, disassemble, circumvent security measures, modify software, extract data on a large scale, reproduce the Platform, automate access abusively, conduct unauthorised scraping, replicate APIs, resell a licence or use software for unlawful purposes.

40. APIs AND INTEGRATIONS

Where an API or interface is made available, its use is subject to the applicable Special Technical Terms.

hype SWISS may impose quotas, authentication mechanisms, request limits, usage restrictions, security requirements and technical standards. API access may be revoked or suspended in the event of abuse, a security risk or a breach of the applicable terms.

41. ARTIFICIAL INTELLIGENCE AND AUTOMATED ASSISTANTS

hype SWISS may offer chatbots, virtual assistants or features based on automated systems or artificial intelligence.

Unless subsequently confirmed contractually, responses supplied by an automated assistant are provided for information or assistance purposes and do not constitute an amendment to the contract or an independent commercial warranty.

The definitive contractual information is that contained in the order confirmation, contract, Special Terms, applicable catalogue or an express confirmation issued by hype SWISS.

The User must not unnecessarily provide passwords, PIN codes, access keys or other authentication secrets to an assistant.

42. USER-PUBLISHED CONTENT

Where a Platform allows comments, reviews, images, files or other content to be published, the User warrants that he or she has all necessary rights and authorisations.

The User must not publish unlawful, defamatory or threatening content, content infringing personality rights, third-party personal data without a lawful basis, infringing or fraudulent content, or content containing malware.

hype SWISS may remove or disable access to content that is manifestly unlawful or contrary to these GTU, without prejudice to the rights of the persons concerned.

43. hype SWISS INTELLECTUAL PROPERTY

Protected elements include, in particular, the hype SWISS brand, logos, Fruit-Hype names and universe, mascot, illustrations, graphics, slogans, texts, videos, databases, software, catalogues, photographs, designs and interfaces.

No commercial use, reproduction, adaptation, distribution or exploitation is permitted without the prior consent of the relevant rights holder, except where otherwise permitted by law.

44. AMBASSADOR PROGRAMME

Access to and use of the Ambassador Programme are subject to separate Special Terms. The Programme may include a personal code, link, QR code, dashboard, referral tracking, commissions and multiple levels.

Percentages, tiers, eligibility conditions and payment arrangements are not guaranteed by these GTU. Only the Special Terms of the Programme applicable to the relevant period determine the amounts that are actually earned.

Unless otherwise agreed in writing, an Ambassador remains independent of hype SWISS and is not authorised to legally bind hype SWISS.

45. RESTRICTIONS APPLICABLE TO AMBASSADORS

The following are prohibited in connection with the Ambassador Programme:

• false accounts or fictitious orders
• self-referral where not permitted
• artificial traffic
• misleading advertising
• spam
• unauthorised commercial promises
• presenting oneself as an employee, representative or agent of hype SWISS without authorisation
• unauthorised modification of prices or offers
• brand impersonation
• manipulation of the commission system

hype SWISS may cancel any commission linked to fraud, a cancelled transaction or a breach of the Programme’s Special Terms.

46. COMPETITIONS AND PROMOTIONS

Competitions, prize draws and promotions are governed by their own rules or terms. In the event of a conflict concerning a particular campaign, the specific rules of that campaign prevail with respect to participation, eligibility, draws, prizes and award conditions.

Fraud, prohibited automation, manipulation or multiple participation contrary to the applicable rules may result in exclusion and cancellation of the corresponding benefits.

47. hype SWISS CENTER

Use of the premises, infrastructure, equipment or Services of the hype SWISS Center is subject to the applicable specific rules.

Users must respect the premises, other persons present, safety rules and opening hours, and must use equipment for its intended purpose. Booking, event and service rules may be specified separately.

48. CYBERSECURITY

hype SWISS implements technical and organisational measures proportionate to the relevant risks. No system connected to the Internet can, however, be guaranteed to be entirely free from vulnerabilities, intrusions, malicious software, attacks or interruptions.

The Customer must contribute to security by installing updates, protecting credentials, securing Wi-Fi, using appropriate safeguards, limiting access rights and regularly backing up data.

hype SWISS may isolate, restrict or temporarily deactivate equipment or a Service that poses a serious risk to the security or integrity of the network.

49. DATA PROTECTION

Processing of personal data is governed primarily by the hype SWISS Privacy Policy and applicable data-protection law, including the Swiss Federal Act on Data Protection and, where the relevant criteria are met, the GDPR.

Depending on the Services used, data processed may include identity and contact data, contractual data, billing and payment information, equipment data, connection and traffic data, technical data, location data necessary for the Service, support data, porting information and security/fraud-prevention data.

Processing is carried out on an appropriate legal basis and for specified, transparent and proportionate purposes.

50. SECRECY OF TELECOMMUNICATIONS

hype SWISS respects the secrecy of telecommunications in accordance with applicable law.

Telecommunications information may nevertheless be processed where a lawful basis permits it, in particular to establish a communication, provide the Service, invoice, secure the network, combat fraud, manage an incident or comply with a legal obligation.

51. COOPERATION WITH AUTHORITIES

hype SWISS and its Partners may be required to cooperate with competent authorities. Where legally required, certain data may be retained, secured or disclosed to authorised authorities.

A legal obligation may also prevent or restrict hype SWISS from informing the Customer about certain official requests or measures.

52. DATA RETENTION AND BACKUPS

The User remains responsible for backing up important data stored on his or her equipment or platforms, unless hype SWISS has expressly undertaken to provide a backup service.

A backup must be made before repair, replacement, migration, reset, intervention or a major update. hype SWISS does not guarantee recovery of data that has not been backed up.

53. AVAILABILITY OF DIGITAL PLATFORMS

hype SWISS endeavours to keep its Platforms available but does not guarantee completely uninterrupted, error-free or continuously accessible operation.

Unavailability may result in particular from maintenance, a technical incident, cyberattack, update, supplier issue, Internet outage or force-majeure event.

54. SUSPENSION OF AN ACCOUNT OR SERVICE

hype SWISS may suspend access in whole or in part, in particular in the event of fraud, reasonable suspicion of fraud, prohibited use, a security threat, network disruption, unpaid amounts justifying the measure, an authority decision, a serious contractual breach, account compromise or a technical emergency.

In an emergency, in the event of fraud or where there is an immediate risk, suspension may take effect without prior notice. In other situations, notice or a reasonable period to remedy the issue is provided where circumstances permit.

Where the reason for suspension is attributable to the Customer, contractual recurring charges may continue to accrue to the extent permitted by law.

55. REACTIVATION

Reactivation may be conditional upon removal of the cause of the block, identity verification, implementation of a security measure, settlement of an amount due, provision of security or payment of reasonable fees where the blocking is attributable to the Customer and the applicable tariff so provides.

55bis. ARREARS REPAYMENT PLAN, FINANCIAL RESTRICTION AND RESTORATION OF ELIGIBILITY

55bis.1 Arrears repayment plan

Where a Customer falls behind on one or more overdue claims, hype SWISS may, without being obliged to do so, accept an agreement allowing the Customer to settle those amounts in several instalments, referred to as the “Arrears Repayment Plan”. The Arrears Repayment Plan is an exceptional arrangement for settling overdue debt and must be distinguished from an instalment payment or financing agreed from the outset for the normal purchase of a Product or Service.

55bis.2 Temporary restriction on new commitments

Throughout an Arrears Repayment Plan, hype SWISS may temporarily restrict transactions likely to increase its financial exposure to the Customer. Subject to the Customer’s mandatory rights, this restriction may include taking out a new subscription, adding a new line or recurring Service, making a change or upgrade that increases the Customer’s financial commitment, acquiring a Product through a new deferred or instalment payment, accessing a new financing solution or a promotional offer involving a new financial commitment. In principle, this restriction does not prevent the Customer from using existing Services that remain active, paying invoices, consulting the account, buying a Product with immediate payment in full, or making a change that reduces the financial commitment where contractually permitted. An Arrears Repayment Plan does not release the Customer from paying new invoices issued during it on time.

55bis.3 Full settlement

Settlement is complete when all overdue amounts under the Arrears Repayment Plan and all other due invoices have been definitively received by hype SWISS and no other due amount remains unpaid.

55bis.4 Three-month recovery period

After full settlement, hype SWISS may maintain restrictions on new financial commitments for three calendar months. This period is intended to restore a regular payment relationship and reasonably limit new financial exposure immediately after a payment incident requiring an Arrears Repayment Plan. During this period, the Customer must continue to pay new invoices when due. If a new payment incident occurs during this period, a new three-month period may begin from full settlement of the new overdue amount.

55bis.5 Restoration of eligibility

After three complete calendar months without a new payment incident, the restrictions under this article are in principle lifted. The Customer again becomes eligible to request new Services, subscriptions, options, Products or payment solutions under the conditions normally applicable at the time of the request. Restoration of eligibility does not, however, guarantee acceptance. Any new request may remain subject to the usual checks, including identity, creditworthiness, fraud prevention, credit limits, technical or contractual eligibility and Partner criteria. Where deferred or instalment payment is offered by HeyLight or another financing partner, the financing decision remains subject in particular to the criteria and acceptance of that partner.

55bis.6 Review

hype SWISS may undertake a manual review where a restriction results, in particular, from an error, an incorrectly allocated payment, a substantiated dispute or particular circumstances reasonably justifying a reassessment. The restrictions under this article must be applied using objective criteria, proportionately and in compliance with applicable law.

56. ACCOUNT CLOSURE

An account may be closed at the holder’s request, after the related contracts have ended, following a period of inactivity where no obligation requires continued retention, in the event of a serious breach or fraud, or where required by law.

Legal obligations to retain certain data, documents, logs or billing records remain reserved after closure of the account.

57. LIABILITY OF hype SWISS

hype SWISS is liable for proven direct loss resulting from a contractual breach attributable to it, within the limits of applicable law.

No limitation or exclusion applies where prohibited by law, including in cases of wilful misconduct, gross negligence or any other liability that cannot legally be excluded.

Nothing in these GTU is intended to deprive a Consumer of mandatory rights or to create, to the Consumer’s detriment, a significant and unjustified imbalance between the parties’ contractual rights and obligations.

58. INDIRECT AND CONSEQUENTIAL LOSS

To the extent permitted by law, hype SWISS is not liable for indirect or consequential loss such as loss of profit, revenue, opportunity, customers, reputation, business interruption or loss of data that has not been backed up.

Mandatory Consumer rights and cases in which an exclusion is prohibited remain reserved.

59. THIRD-PARTY SERVICES AND LIABILITY

In the absence of fault on its part, hype SWISS is not liable for loss attributable exclusively to a third-party network, supplier, external platform, third-party server, Customer equipment, carrier, manufacturer, external power outage or an unforeseeable and unavoidable external attack.

hype SWISS remains responsible for its own obligations and takes reasonable steps to select its Partners and restore Services within its sphere of influence.

60. CUSTOMER LIABILITY

The Customer is responsible for breaches of these GTU attributable to the Customer. To the extent permitted by law, the Customer may also be responsible for persons to whom the Customer voluntarily grants access to accounts, equipment or Services.

A Business Customer is responsible for the acts of its employees, agents and authorised users where they act within the scope of its organisation.

61. INDEMNIFICATION OF THIRD-PARTY CLAIMS - B2B

In B2B relationships and to the extent permitted by law, the Business Customer shall indemnify hype SWISS against reasonable consequences of a third-party claim arising directly from unlawful use of the Services attributable to the Customer.

This obligation does not cover any fault or breach attributable to hype SWISS itself.

62. FORCE MAJEURE

A party is not in breach where non-performance or delay is directly caused by an event reasonably beyond its control, including a natural disaster, major fire, war, terrorism, pandemic, exceptional cyberattack, widespread outage, major cable break, exceptional failure of a third-party network, widespread power outage, critical shortage, general strike, authority decision, sanction or embargo.

Obligations directly affected are suspended for the duration of the impediment. Services already supplied remain payable. If the impediment becomes lasting, the affected Service may be terminated in accordance with applicable law.

63. CHANGES TO PLATFORMS AND FEATURES

hype SWISS may improve, adapt, replace or remove certain features to reflect technological developments, security requirements, regulation, Partners, usage patterns or the organisation of the Services.

Where a change materially affects a paid contractual service, the rules governing contractual changes, prior information and any Customer termination rights remain reserved.

64. CHANGES TO THESE GTU

hype SWISS may amend these GTU where reasonably justified, including as a result of legal or regulatory developments, changes to its Services, a new technology or feature, cybersecurity requirements or organisational changes.

A material amendment affecting an existing contract is communicated in accordance with applicable contractual and legal rules. Any mandatory right to terminate or object remains reserved.

65. EUROPEAN LAW - CONDITIONAL APPLICATION

hype SWISS is a Swiss company. European Union law therefore does not automatically apply to Services offered from Switzerland.

Certain EU or foreign national provisions may nevertheless become mandatory where a contract meets their territorial and substantive criteria. This may include consumer protection, distance contracts, data protection, accessibility, electronic communications, portability, pre-contractual information, withdrawal rights and unfair terms.

66. EU / EEA CONSUMERS

Where a Consumer is mandatorily protected by the law of an EU/EEA State, nothing in these GTU removes rights which the Consumer cannot legally waive.

Depending on the circumstances, this may include provisions concerning withdrawal rights, statutory warranties, pre-contractual information, digital services, data protection, jurisdiction or contract duration.

67. ACCESSIBILITY

hype SWISS seeks to make its Platforms accessible to as many people as possible and, where reasonably applicable, to follow recognised principles of digital accessibility.

A User experiencing an accessibility issue may contact hype SWISS to report the difficulty and, where reasonably possible, obtain an alternative solution.

68. COMPLAINTS

Any complaint should first be addressed to hype SWISS Sàrl, 12, rue des Gares, CH-1201 Geneva, Switzerland, by email at hype@hype.swiss or by telephone at +41 22 404 05 55.

The request should ideally include the Customer’s name, Customer number, the relevant connection number or Service, the date, a sufficiently detailed description of the issue and, where applicable, the relevant invoices or supporting documents.

69. OMBUDSCOM

Where a dispute concerning telecommunications or value-added services has not been resolved directly, the end customer may, if the statutory conditions are met, refer the matter to ombudscom, the Swiss telecommunications conciliation body.

hype SWISS participates in the procedure where required by regulation and informs its Customers of the existence of the conciliation body in the form required by law, including on invoices where that obligation applies.

Recourse to ombudscom does not remove the parties’ right to seek judicial remedies.

70. APPLICABLE LAW

These GTU are governed by Swiss law. Mandatory provisions of private international law, consumer protection law or any foreign law that is mandatorily applicable remain reserved.

71. JURISDICTION

For Business Customers, subject to any mandatory jurisdiction to the contrary, the courts at the registered office of hype SWISS in Geneva, Switzerland, have jurisdiction.

For Consumers, mandatory jurisdiction rules, including those that may apply in a cross-border context, remain fully reserved.

72. SEVERABILITY

If any provision of these GTU is held to be void, invalid, unlawful or unenforceable, the remaining provisions remain in force.

To the extent permitted by law, the relevant provision shall be interpreted or replaced so as to come as close as possible to its original legal and economic purpose without adversely affecting the Customer’s mandatory rights.

73. NO WAIVER

Failure by hype SWISS to exercise a right immediately does not constitute a waiver of that right. Tolerance granted in a particular situation does not create an acquired right for the future.

74. ASSIGNMENT AND SUBCONTRACTING

hype SWISS may entrust the performance of certain services to qualified suppliers, subcontractors or Partners in Switzerland or abroad, subject to applicable rules.

It may transfer a contract or business activity to an affiliated company, successor or purchaser of the business, subject to the Customer’s mandatory rights.

The Customer may not transfer an account, licence or Service without authorisation where such assignment is prohibited by the applicable terms. The statutory right to port a telephone number remains reserved.

75. ELECTRONIC COMMUNICATIONS

Service-related communications may be sent by email, SMS, customer area, application, notification, invoice or post.

The Customer must keep contact details up to date. Where a communication is legally required to follow a particular form, that form prevails.

76. ELECTRONIC EVIDENCE

To the extent legally admissible, data recorded by the systems of hype SWISS and its Partners may constitute evidence relating in particular to connections, orders, confirmations, activations, communications, usage, account transactions and security logs.

The Customer retains the right to challenge the accuracy of such data using any admissible evidence.

77. LANGUAGES

These GTU may be made available in French, English, German, Italian, Spanish and Portuguese.

For contracts concluded in Switzerland, the French version is the reference version, subject to mandatory provisions or a specific term in the individual contract.

78. SUPPLEMENTARY DOCUMENTS

Depending on the Service concerned, these GTU should be read together with:

• General Terms and Conditions of Sale
• Privacy Policy
• Cookie Policy
• Cancellation, Return and Refund Policy
• Shipping and Delivery Policy
• Accessibility Statement
• Legal Notice
• Mobile & Data Terms
• Internet / Connectivity / Fixed-line / VoIP Terms
• Business-specific terms / SLA
• Ambassador Programme Terms
• instalment-payment terms where applicable
• hype SWISS Center Terms
• competition and promotion rules
• Special Terms of each offer

79. PRIMACY OF MANDATORY RIGHTS

These GTU must be interpreted in accordance with all applicable mandatory rules.

No provision is intended unlawfully to exclude or restrict mandatory Consumer rights, liability for wilful misconduct or gross negligence, mandatory data-protection rules, obligations of a telecommunications service provider, emergency-call obligations, number portability, regulatory blocking, conciliation rights or any other right that a party cannot validly waive.

80. ENTRY INTO FORCE

Version: 9 September 2026.

These GTU apply to new Users from the date of publication. For Users or Customers already bound by a contract, their application to existing contractual relationships remains subject to the rules governing changes to ongoing terms and any mandatory Customer rights.

Earlier versions remain applicable where required by law or by the contract.

This English version is a courtesy translation. In case of discrepancy, the French version prevails.