Term & Conditions
These terms of service and use apply to all Sigenergy Sigenergy Technology Co., Ltd. ("Sigenergy," "we," "us," or "our") and associated websites including www.sigenergy.com (the "Corporate Website"), www.sigenergy.com (the "Enlighten Website"), and www.sigenergy.com (the "Developer Website"), and www.sigenergy.com (the”Community Website”) collectively, the "Websites". Please review the following terms and conditions for the use of the Websites and the services provided through any of the Websites (such services, the "Services" and such terms and conditions, the "Terms of Service(s)" or "Terms"). By using any Website, Service, product ("Products"), or application programming interface ("API"), you agree to be bound by these Terms or you represent that you have the authority to bind the person (including any residential, enterprise or other owner of Sigenergy Products) you name as a user of any of the Websites or Services ("Customer"). If you do not have such authority or you do not agree with these Terms, please do not use any Website, Service or Product (including Sigen, mySigen or API).
Customers may have the ability to use the Services and monitor and control the Products. Customers may also have the ability to view information (including personal information) and content with respect to all of an Owner's Products and Services connected to the Owner's account.
Customers are responsible for their own actions in connection with the Products and Service, but the Owner also hereby agrees to be fully responsible for all actions taken by Customers relating to the Owner's Products and Service.
We may amend or change these Terms from time to time, at our sole discretion, by posting the updated terms on the sites that provide the Service (the 'Site'). Please access the Site regularly in order to review any such updates. If you find these Terms (including any amended provisions hereof) unacceptable to you at any time, you may discontinue your use of the Site and the Service. Your use of the Site or the Service after we have published such changes on the Site will be considered your agreement to the change. If we make material amendments or changes to these Terms, the amended Terms will be posted on the Site for your acceptance or confirmation, and you will be required to accept or confirm such changes prior to your continued use of the Site or the Services. In some instances, the Service may also enable you to remotely operate certain appliances that are connected to a home automation product. You are aware that certain configurations of home automation products may cause harm or damage to your home appliances or to the Products and that Sigenergy will not be responsible or liable in the event of any such damage.
Sigenergy and its licensors own the Site and the Services, including all worldwide intellectual property rights therein. We grant you, for your personal or internal business purposes only, a non-exclusive, limited, revocable and non-sub licensable right to access and use the Service in connection with your permitted use of the Products. In addition, and solely with respect to the Online Designer, we grant You the right to reproduce and distribute to Owner or prospective Owner, a reasonable number of copies of any Online Designer Output relating to such Owner. You agree not to use the Service for any other purpose, without limitation for commercial purposes, and in no event may you directly or indirectly engage in co-branding, framing, linking or reselling any portion of the Site or the Services without our prior written consent. Except as expressly permitted herein, you may not copy, further develop, create derivative works, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use the Site or the Services. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or Services.
(1) Access and Services
You may access the Service by using standard Internet browsing software. You acknowledge that we are not responsible for notifying you of any upgrades, fixes or enhancements to or for, providing technical or other support for any browser or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. We make no endorsement of any specific browser software. Your use of any browser may also be subject to the license agreements of the browser licensor, and you are solely responsible for complying with any such licensor's terms in addition to the provisions of these Terms. You are additionally responsible for obtaining Internet services via the Internet Service Provider (ISP) of your choice, for any and all fees imposed by such ISP and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the Internet, and you hereby expressly assume such risks (to the extent the law allows you to do so). You acknowledge that you have requested the Service for your convenience, have made your own independent assessment of the adequacy of the Internet as a delivery mechanism for accessing information and initiating instructions, and that you are satisfied with that assessment. We are not responsible for any Internet access services, or for any security, corruption, transmission error and access availability risks associated with use of the Internet.
(2) Installation and Operation of Equipment
You are responsible for obtaining, paying for, installing, maintaining and operating all communications equipment and services and computer equipment necessary for you to access the Service ('Equipment'), in accordance with such requirements as may be (i) provided by the Equipment manufacturers and (ii) any other documentation we provide to you in connection with the Products at any time. In addition, you acknowledge that you are solely responsible for all costs relating to the communication of the Products with the Services. We are not responsible for any errors or problems that arise from the malfunction or failure of your Equipment or any communications services obtained by you. As part of the terms and conditions herein, you acknowledge that Sigenergy or its agents keep resident certain system and network diagnosis and maintenance tools (the "Support Tools") to facilitate the performance of remote support and maintenance on your product ("Remote Support"). Support Tools are and remain the sole and exclusive property of Sigenergy. Additionally, you allow Sigenergy to use the Support Tools and Remote Support at its discretion for the remote installation of software and configuration patches, updates, and upgrades to your Product. Sigenergy may also use the Support Tools and Remote Support to transmit information to Sigenergy regarding the performance of your Product.
The networking of equipment is an important guarantee for safe use. If your device has not been used for a long time (for example, the device is offline or not connecting to the Sigen Clould for many days), the system will send out reminders via the app or email. If there is no confirmation feedback received, the device will shut down automatically for safety reasons.
The Websites are copyrighted works belonging to, and are owned and operated by Sigenergy. The statements, information, diagrams, trademarks, service marks, trade names or other content contained or referenced in the Websites or in any communications we send you (collectively, the "Website Content") are protected by copyright laws throughout the world. Subject to these Terms, we grant you a limited license to reproduce portions of the Website Content for the sole purpose of reviewing the Website Content as an applicant for employment, a current or potential customer, current or potential business partner, current authorized installer or distributor of Sigenergy products, or current or potential investor of Sigenergy. All copyright and other proprietary notices on any Website Content must be retained on all copies. Any unauthorized reproduction, modification, distribution, or performance of any Website Content is strictly prohibited. Sigenergy and its licensors reserve all rights not granted in these Terms. There are no implied licenses.
(4) Collection and Use of Information
Our Products and Services collect:
setup information you provide such as your home address, zip/postal code, size of the PV system you are installing and any Third Party Products connected to your account
environmental data from several sensors built in or connected to the Products or Third Party Products such as temperature, configuration of home automation products and appliances
energy produced and energy stored (if a battery is connected to your system)
energy consumed (if you have a meter, your energy consumption is automatically added to the features displayed for your monitoring platform).
Technical information from the products such as software or firmware version, system alerts
By using our monitoring portal and clicking to accept the terms herein, you agree to the collection, display and processing of the data collected herein, including the your energy consumption data.
You acknowledge, agree, and hereby expressly consent that you are aware that;
Sigenergy may provide access to information, including certain personally-identifiable information ("Personal Information”) within the Service, to Sigenergy's third party partners whose add-on products (such as a battery or home automation products) interface with Sigenergy products ("Third Party Partners"). Such Third Party Partners shall be obligated to confidentiality in a manner that is consistent with applicable privacy laws and may disclose such information in their discretion to other third parties, without the consent of Sigenergy or any other person. You acknowledge and agree that you expressly authorize Sigenergy to provide your Personal Information to Third Party Partners. Sigenergy makes no representation or warranty about the safety of any third-party products or services ('Third Party Products'). Accordingly, Sigenergy is not responsible for your use of any Third Party Product, results or Online Designer Output or any personal injury, death, property damage (including, without limitation, to your home or your customer's home), or other harm or losses arising from or relating to your use of any Third Party Products or the Online Designer Output. You should contact the Third Party Partners with any questions about their Third Party Products.
You may choose to receive certain reports and notifications regarding the Site, the Service, the Products and their performance. Such reports will be sent to you electronically to the email address that you provide when you register for the Service or another email address that you may specify. You agree that by using the Service, all notices or other communications which we may be required to give you arising from our obligations under these Terms or the Service may be sent to you via the email address that you provide when you register for the Service or another email address that you may specify. In addition, you consent to receiving electronic communications from us including, without limitation, promotional communications or other materials we believe may be of interest to you. If you do not desire to receive these communications, you may opt out from receiving these communications by notifying us by email at info@Sigenergy.com.
(6) New Features
We may from time to time introduce new features to the Service or modify or delete existing features under our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules concerning these features.
You consent to Sigenergy updating your devices and its software version through these remote upgrades from time to time, without further notice to you.
General access to the Service is currently provided to you at no cost, certain premium features within the Service may be provided at a fee. You acknowledge that Sigenergy reserves the right to charge for providing access to the Site and the Services, under its sole discretion. Fees payable for the Site and the Services (including any premium features), and the terms and conditions applicable thereto, shall be set forth in a separate agreement to be negotiated between Sigenergy and a specific Customer. The terms of such agreements may differ substantially between different Customers.
(8) No Warranties
Except as specifically set forth herein or where the law requires a different standard, Sigenergy shall not be responsible for any loss, damage, injury, or for any direct, indirect, special, incidental, exemplary or consequential damages, including (without limitation) lost profits or loss of energy arising from or related to the use or inability to use the Products or the Service or any malfunctions thereof, actions or omissions by third party partners including without limitation the third party content, access to or use of the Service, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, bugs, errors, viruses, Trojan horses, configuration problems or incompatibility of computer hardware or software, failure or unavailability of internet access, problems with internet service providers, problems or delays with intermediate computer or communications networks or facilities, problems with data transmission facilities or any other problems you experience due to causes beyond our control. Sigenergy shall not be liable for errors in the Site or the Services, including the inaccurate or missing measurement of data by the Services, or in the event the Services fail to detect, or detect incorrectly, any fault in the Products. Except as otherwise expressly provided in any applicable agreement, you understand and agree that your use of the Service is at your sole risk and that the Service and all information, products and other content (including third-party information, output, products and content) included in or accessible from the Sites, are provided on an "as is," "where-is," and "where available" basis. You acknowledge that we make no warranty that the Service will be uninterrupted, timely, secure or error-free unless otherwise stated on the Site or in any applicable agreement. To the fullest extent permitted by law, we disclaim all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including but not limited to, the warranties of merchantability and fitness for a particular purpose, title and non-infringement of proprietary rights) as to the Service and all information, products and other content (including third-party information, products and content) included in or accessible from the Sites. No license to you is implied in these disclaimers.
In addition to these Terms, you agree to be bound by and comply with such other written requirements as we may make available to you in connection with either the Service and/or Products, and with all applicable domestic and foreign laws and regulations. You are obligated to review and use the Products and the Service in accordance with the product documentation or other documentation we may provide or make available to you.
We may terminate or suspend these Terms, or terminate, suspend or limit your access privileges to the Services, in whole or part, at any time for any reason, with or without notice. Customers acknowledge that the Site and the Services may be suspended for reasons beyond the control of Sigenergy. We will provide you with 90 days written notice prior to any termination of the Service, except where termination of the Site or the Services relates to your cessation of use of the Products, your failure to meet payment or other obligations relating to the Products, breach of these Terms or other terms made available to you by us, or the party from whom you purchased a Product (including any agreement regarding payment), in which case no notice will be provided. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
You acknowledge and agree that you are personally responsible for your conduct while using the Site and the Services and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third-party claim or otherwise, in relation to your use of the Site and the Services, the use of the Site and the Services by any Customers on your behalf, or your violation of these Terms or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of these Terms.
(12) Records Communications
If any User ID or Password we provide to you is provided to you as a representative of the Customer registered with the Service, it may not be retained by you after any termination of your relationship with such Customer. You agree to inform us immediately if a person with access to a Password leaves the employ of the entity to which that Password has been assigned.
(13) Open Source Software
Certain items of independent code that are included with the software hereunder are subject to various open source or free software licenses (the "Open Source Software”). The Open Source Software may be updated from time to time by posting to Sigenergy's website or by notice to you, is licensed under the terms of their respective end-user licenses. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the applicable end-user license for such Open Source Software. The terms of this Agreement, other than the Disclaimer and the Limitation of Liability, will not apply to the Open Source Software. You also agree not to use any "FOSS" (Free and Open Source Software, as defined below) in such a way that would cause the non-FOSS portions of the Software to be subject to any open source software licensing terms or obligations. "FOSS" means any software that is subject to terms that, as a condition of use, copying, modification or redistribution, require such software and/or derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge, including without limitation software distributed under the GNU General Public License, Affero GPL, or Lesser/Library GPL.
(14) Site Links
(15) Severability & Waiver
These Terms and their enforcement shall be governed by the laws of the State of Netherlands, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation or otherwise. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site. We will not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. If any provision of these Terms conflicts with the law under which these Terms are to be construed or if any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of these Terms and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
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