1, EnSmart Software License Terms and Conditions
 

These terms and conditions ("Terms") will govern your use of EnSmart AAP on a web-based remote software service suite, including (1)the monitoring portal, which allows you to view performance data and access and manage EnSmart ESS LTD products and applicable third-party products (collectively referred to as "Products"), and (2)the EnSmart APP (individually or collectively referred to as "Services"). In this document, "we," "us," or "our" refers to EnSmart ESS LTD and its affiliates, as well as any agents, independent contractors, designees, or assignees who are selected by EnSmart ESS LTD to participate in providing services. "You" or "your" refers to any individual or entity who has purchased, accessed, used, or will use the Services and accepts these Terms, including any individual or entity who owns the Products and/or is Authorised to access and manage the Products and Services on behalf of the owner ("Authorised User") (each owner and Authorised User referred to as a “Customer").
 

2、Service Agreement
 

This Agreement has legal effect. Your use or access, or allowing any other person or entity to use or access the Services, is deemed your personal agreement or agreement on behalf of the owner (if applicable) to these Terms. Your use or access of the Services is also deemed your declaration and warranty that you are an employee, contractor, or agent of the owner Authorised to use the Services on behalf of the owner. You should also be aware that your dealer, installer, or EnSmart ESS LTD may access your Products for technical support purposes, and acknowledge that any such Authorised User or other Authorised User added to your account has been authorised by the owner. Authorised Users can use the Services to monitor and control the Products. Authorised Users can also view information (including personal information) and content related to the owner's Products and Services associated with the owner's account. Authorised Users are responsible for any actions they take related to the Products and Services, but the owner agrees to assume full responsibility for any action taken by the Authorised User related to the owner's Products and Services. We have the right to decide to periodically modify or change these terms on our own, and we will publish the updated terms on the website that provides the service. Please visit the website regularly to check for such updates. If you find that you cannot accept these terms (including any amended articles), you may stop using this website and service. If you continue to use this website and service after we publish such changes on the website, it will be deemed that you have agreed to the changes. If we make substantial modifications or changes to these terms, the modified terms will be posted on the website for you to accept or confirm, and you will need to accept or confirm such changes in order to continue using this website or service. Sometimes, our service also allows you to remotely operate certain appliances associated with home automation products. You should be aware that the configuration of some home automation products may cause harm or damage to your household appliances or products, and EnSmart ESS LTD is not responsible for any such harm or damage. EnSmart ESS LTD and its authorised personnel own this website and service, including all global intellectual property rights within. For products that are granted permission for use, we grant you a right to access and use the service. This right is non-exclusive, restricted, revocable, non-transferable, and limited to personal or internal business purposes only. In addition, with respect to the online design tools, we grant you the right to copy or publish a reasonable number of output copies of online design tools to owners or prospective owners. You agree not to use this service for any other purpose (including but not limited to commercial purposes). Without our prior written consent, you may not directly or indirectly engage in brand association, construction, linking, or resale of any part of this website or service. Unless expressly permitted in these terms, you may not copy, reproduce, create derivative works, replicate, redistribute, modify, change, download, post, broadcast, transmit or use this website or service. You may not delete, modify or conceal any copyright, trademark, service mark, or other proprietary notice contained in this website or service.

3、Installation, Maintenance, and Operation of Equipment
 

You are responsible for acquiring, paying for, installing, maintaining, and operating all communication equipment and services as well as necessary computer equipment in order to use this service in accordance with the requirements of the equipment manufacturer and any other product-related documents provided by us. In addition, you should be aware that you are responsible for the communication costs associated with using this service. We shall not be responsible for any errors or issues arising from equipment failure or any communication service failure that you have obtained. Under the terms and conditions of this agreement, you should be aware that EnSmart ESS LTD or its agent may retain certain system and network diagnostic and maintenance tools ("support tools") in order to provide remote support and maintenance for your product. The support tools are and will always be the exclusive property of EnSmart ESS LTD. Furthermore, you authorise EnSmart Software to use support tools and remote support to remotely install software, configure patches, implement updates and upgrades for your product. EnSmart APP may also transmit product performance-related information to EnSmart ESS LTD through support tools and remote support.

4、Browser Access and Internet Services
 

You may use standard internet browsing software to access this service. You should be aware that we will not be responsible for notifying you if any upgrades, repairs or enhancements are necessary due to technical or other support provided to the browser or data transmitted in computer networks or telecommunications facilities (including but not limited to the internet) that are unsatisfactory. We do not endorse any particular browser software. Your use of the browser will also be subject to the license agreement authorised by the browser licensor, and in addition to the provisions of these Terms, you must comply with the terms of the licensor. Furthermore, you are responsible for obtaining internet services through your preferred internet service provider and paying for the fees charged by this internet service provider as well as the fees charged by any related communication service provider. You should be aware that using open networks such as the internet carries certain security, damage, transmission error and access availability risks, and you expressly agree to assume such risks to the extent permitted by law. You acknowledge that you are requesting this service for your own convenience and have independently evaluated the appropriateness of the internet as a transmission mechanism for accessing and initiating guidance, and are satisfied with the evaluation results. We shall not be responsible for any security, damage, transmission errors, and access availability risks related to internet access services or internet use.

5、Content
 

This service includes graphic works, applications, and other materials of EnSmart ESS LTD ("EnSmart ESS LTD Content") or third-party content (as defined below). EnSmart ESS LTD Content is protected by copyright law, trademark law, patent law, trade secret law, and other laws, and EnSmart ESS LTD owns and retains all rights to EnSmart ESS LTD Content, this website, and the service. Unless expressly permitted by this document or applicable law, you may not directly or indirectly copy, further produce, reverse engineer, replicate, republish, download, post, broadcast, transmit, or use EnSmart APP Content. After viewing panel and inverter data, including website photos and certain management details, you may submit some content to this website for display. You declare and guarantee that: (i)you own or have a limited license to grant the rights to the content you post on this website or service, without the need for any consent or consideration, and (ii) the content you post on or through this website or service does not violate, and will not violate, any applicable laws or any individual or entity's privacy rights, image rights, copyright, contractual rights, or any other rights. If you violate these declarations and guarantees and cause third-party claims, you agree to compensate us.

6、Collection and Use of Information
 

You acknowledge, and hereby expressly consent EnSmart ESS LTD may provide the means of collecting information, including certain personal identity information ("Personal Information") contained in this service, to third-party partners ("Third-Party Partners") that interact with EnSmart ESS LTD products as additional products (such as batteries or home automation products). Such third-party partners have an obligation to maintain the confidentiality of such information in accordance with applicable privacy laws and may disclose such information to other third parties without the consent of EnSmart ESS LTD or any other person. You acknowledge and agree that you explicitly authorise EnSmart ESS LTD to provide your personal information to third-party partners. EnSmart ESS LTD makes no representations or warranties as to the security of third-party products or services ("Third-Party Products"). Therefore, EnSmart ESS LTD shall not be liable for any personal injury, death, property damage (including but not limited to your home or your customers' homes), or any other injury or loss resulting from your use of third-party products, results, or online design output. If you have any questions about third-party products, please contact the third-party partner.

7、Password
 

To prevent unauthorised access to your data and unauthorised use of this service, you agree to keep confidential the user ID and password ("Password") required to access this service or any other means to access data or information through this service. The loss, theft, or illegal use of your user ID and password can cause damage or loss of product data or functionality. Do not disclose your user ID and password to anyone. EnSmart ESS LTD shall not be responsible for any loss or damage resulting from your violation of the above requirement. We may choose to change the password parameters without prior notice. If we change the password parameters, you will need to change your password accordingly.

8、Notices
 

You may choose to receive certain reports and notifications related to this website, service, product, and its performance. Such reports will be sent electronically to the email address you provided when registering for this service or to any other email address you specified. By using this service, you agree that all communications, including any notices or communications that we need to provide to you to fulfil our terms or service obligations, will be sent to the email address you provided when registering for this service or to any other email address you specified. In addition, you agree to receive electronic communications from us, including but not limited to promotional content or other materials that we believe may be of interest to you. If you do not wish to receive such communications, you may opt-out by notifying us at service.uk@ensmartpower.com.

9、Reporting to Third Parties
 

This service includes a feature that allows product data collected to be reported directly to third-party government agencies or other recipients who may benefit from such data ("Report"). This feature is only available to users in certain designated areas. If this feature is available, it means that you are authorised to use this service to report such data. This feature is provided for your convenience and does not limit the effectiveness of the disclaimer of warranties listed in the "No Warranty" section below. EnSmart ESS LTD is not responsible for the accuracy of the data or whether this feature can report accurate data (or any data). Under no circumstances shall EnSmart ESS LTD be responsible for any loss, claims, damages, or liabilities resulting from the transmission or failure to transmit any relevant messages to government entities or recipients of your choice for sharing product or service information with you, and you agree that EnSmart ESS LTD shall not be liable for any such circumstances or losses, claims, damages, or liabilities. The data collected in the report is for personal, corporate, or marketing use only. Unless explicitly permitted in this paragraph, this report may not be modified, altered, or downloaded. You may not delete, modify, or obscure any copyright, trademark, service mark, or other proprietary notice contained in this report.

10、New Features
 

We may periodically introduce new service features, make changes to, or remove existing features at our discretion. If required by law, we will inform you of any adjustments to the features. Your use of new or modified features constitutes your agreement to be bound by the relevant provisions.

11、Online Links to Other Websites
 

Through our website, users can link to third-party websites that provide useful information. Any information you provide on the linked pages is directly provided to the third party and is subject to the privacy policy of that third-party provider. EnSmart Software is not responsible for the content or privacy practices of the websites we link to. For your convenience, we provide links from our website to third-party or other websites. We encourage you to review the privacy practices of each website before providing them with any information.

12、Service Fees
 

General access to this service is currently free, but certain advanced features within the service require payment. You acknowledge that EnSmart ESS LTD reserves the right to decide whether to charge for access to this website and the service. Fees for this website and service (including any advanced features) and the applicable terms and conditions shall be listed in a separate agreement negotiated between EnSmart ESS LTD and the specific customer. The terms of such agreements vary by customer.

13、Limitation of Liability - No Warranty
 

Unless explicitly stated in the text or otherwise required by law, EnSmart ESS LTD shall not be liable for any loss, damage, injury, or any direct, indirect, special, incidental, punitive or consequential damages, including (but not limited to) loss of profits or loss of energy, or any malfunction caused by the use or inability to use this product or service, or any action or negligence of third-party partners, including but not limited to third-party content, access or use of this service, electronic or mechanical equipment malfunctions or communication line, telephone or other internet issues, defects, errors, viruses, Trojan horses, configuration issues or computer hardware or software incompatibility, internet access failures or inaccessibility, intranet service provider issues, intermediate computer or communication network or equipment problems or delays, data transmission equipment problems, or any other problems caused by reasons beyond our control. EnSmart ESS LTD shall not be liable for any errors in this website or service, including but not limited to inaccuracies or omissions in the measurement of service data, or for failure to detect or accurately detect any errors in the product. Unless explicitly stated in the applicable agreement, you understand and agree that you assume the risks associated with the use of this service alone, and that all information, products, and other content (including third-party information, output, products, and content) provided on the website are provided as-is. You acknowledge that we do not guarantee that the service will be uninterrupted, timely, secure, or error-free, unless otherwise stated on this website or in any applicable agreement. To the maximum extent permitted by law, we make no express, implied, statutory or other representations, warranties, or conditions regarding this service and all information, products, and other content (including third-party information, products, and content) contained on or accessible through the website (including but not limited to warranties of merchantability and fitness for a particular purpose, ownership of exclusive rights, and non-infringement). These disclaimers do not necessarily include all of your authorised rights.

14、Other Agreements and Obligations
 

In addition to these terms, you agree to comply with any other written requirements related to the service and/or product, as well as all applicable domestic and foreign laws and regulations, and be bound by them. You are obligated to study and use the product and service in accordance with the product documentation or other documents provided to you by us.

15、Termination Statement
 

We may terminate or suspend these terms for any reason, with or without prior notice, or terminate, suspend, or restrict your access to all or part of the service. Customers should be aware that this website and service may be suspended for reasons beyond the control of EnSmart ESS LTD. We will notify you in writing 90 days before the service is terminated, unless the termination of this website or service is due to your suspension of product use, failure to make product payments or other obligations, or violation of our or the product seller's terms (including any payment agreement), in which case no further notice will be given. Obligations and responsibilities incurred by the parties prior to the termination date will not be affected by the termination of these terms.

16、Compensation
 

You acknowledge and agree that you are responsible for your actions while using this website and service, and agree that if you use this website and service, any licensed user representing you uses this website and service, or you violate these terms or any third-party rights (including but not limited to privacy rights) and incur third-party claims, you will indemnify us and our executives, directors, employees, and agents and make them free from any form of loss, damage, debt, cost, or expense (including but not limited to reasonable attorney's fees). This obligation is not affected by the termination of these terms.

17、Communication Records
 

Unless otherwise specified, we will keep all personal information related to your account strictly confidential. Any other communication content or materials (including any comments and suggestions on this website and service) that you transmit to us through this website or email will be treated as non-confidential unless prohibited by law. We may use such communication content or materials for any purpose consistent with our privacy policy and terms, including copying, publishing, broadcasting, and posting. If you obtain a user ID or password as a customer representative registered for this service, you may not continue to retain this user ID or password after the termination of your relationship with the customer. You agree to notify us immediately if someone who knows the password leaves the unit that assigned the password.

18、Website Links
 

The website may contain certain third-party data or other information and links to other third-party websites ("Third-Party Content"). We are not responsible for the accuracy of the third-party content posted on this website or provided through this website, nor can we control the content, accuracy, or opinions expressed on such linked websites. We do not endorse or guarantee the products, information, or advice provided by third-party content or through such linked websites, and we are not responsible for any failure of products or services advertised on these websites. Additionally, the security of third-party websites may not be as robust as ours, and their privacy policies may differ. Your access, use, and reliance on such content, products, or services are at your own risk and subject to the terms of use applicable to such websites. EnSmart ESS LTD has not investigated, monitored, or verified the accuracy or completeness of third-party content and linked websites.