Optivolt Terms of Use

Last Updated: September 30, 2025

1. Service Overview; Devices and Systems

1.1 Generally

The Service lets you connect to, monitor, manage, and/or control compatible solar and energy devices and systems (each, a "Device" or "System"), which may include: solar integration, grid-tied and backup power, energy storage/batteries, home energy management, and residential storage solutions. Compatible Devices/Systems and available features are listed on our sites/apps. Some Devices/Systems may be controlled by third parties and therefore not controllable by you through the Service.

1.2 Associating a Device/System

When you connect a Device/System, you associate it with your account (and any sub-accounts). You may only connect Devices/Systems you own or are authorized to manage, monitor, or control.

1.3 Disassociating a Device/System

If you disassociate a Device/System, neither you nor your sub-accounts can manage, monitor, or control it via the Device or System. If you sell or otherwise lose authorization over a Device/System, you must disassociate it.

1.4 High-Risk Activities

The Service is not designed for use where failure could lead to death, personal injury, or environmental damage ("High-Risk Activities"). Do not use the Service for High-Risk Activities. We disclaim liability for such use.

2. Eligibility

You must be 18+. By using the Service, you represent and warrant that you are at least 18, have not been suspended or removed, and your use complies with applicable laws. If you accept on behalf of an entity, you have the authority to bind that entity.

3. Accounts and Registration

You may need an account to use the Service and may be asked for accurate, current information (e.g., contact details; property/electrical configuration; energy usage; Device/System/location data). Keep your information up to date.

You are responsible for your credentials and all activity under your account. If permitted, you may authorize Sub-Accounts; each sub-user must accept these Terms. You are responsible for Sub-Account activity. Suspected compromise? Contact service@optivolt.com immediately.

4. Licenses

4.1 Limited License

Subject to your compliance, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object-code copy of any Optivolt mobile/downloadable application on a device you own or control; and (b) access and use the Service.

4.2 Restrictions

Except as allowed by law or with our written consent, you may not: (a) copy, publicly display, perform, or create derivative works of the Service (including submitting screenshots or Service content to generative AI tools); (b) modify the Service; or (c) bypass or interfere with security/access controls. If the law prohibits your use, you may not use the Service.

4.3 Feedback

If you provide suggestions, ideas, or feedback ("Feedback"), you grant Optivolt a perpetual, irrevocable, worldwide, royalty-free license to use and exploit the Feedback for any purpose without attribution.

5. Ownership; Proprietary Rights; Intellectual Property; Marks and Content

The Service and all related content, software, data, and materials ("Materials") are owned by Optivolt or our licensors and are protected by law. Except as expressly permitted, no licenses are granted by implication or otherwise.

The Service and all content made available through it—including without limitation the Optivolt name; logos, wordmarks, and trade dress; photographs, videos, graphics, text, software, interfaces, layouts, and compilations (collectively, "Optivolt Content")—are owned by Optivolt or its licensors and are protected by copyright, trademark, and other laws. Except for the limited right to access and use the Service for its intended functionality in accordance with these Terms, no license is granted to you, whether by implication, estoppel, or otherwise.

You may not, in whole or in part, copy, reproduce, modify, adapt, translate, publish, republish, upload, post, transmit, distribute, sell, license, rent, create derivative works from, perform, display, frame, scrape, harvest, or otherwise exploit any Optivolt Content, nor may you hotlink to, train AI models on, or compile datasets from Optivolt Content. You further may not use any Optivolt trademarks, logos, or other source identifiers—including in meta tags, keywords, or hidden text—without our prior written authorization, and you may not remove, alter, or obscure any copyright, trademark, or proprietary notices.

Any unauthorized use of Optivolt Content is strictly prohibited and may violate applicable laws. Optivolt reserves all rights not expressly granted.

6. Third-Party Terms

6.1 Third-Party Offerings & Links

The Service may enable you to import/export information to/from third-party offerings ("Third-Party Offerings") or link accounts. You authorize us to transfer information at your direction. Third-Party Offerings and linked sites are not controlled by Optivolt; review their terms and privacy policies. Information you import becomes Your Data (defined below).

6.2 Third-Party Software

The Service may include open-source or third-party components governed by their own licenses. Nothing in these Terms limits your rights under those licenses.

7. Your Data

7.1 Generally

The Service may collect data about your Device/System, usage, energy production/consumption, grid interactions, and your use of the Service ("Your Data"). You retain your rights in Your Data, but you grant Optivolt a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid license (with sublicensing rights) to Process Your Data to: (a) provide the Service/support; (b) comply with law; (c) as described in our Privacy Policy; and (d) for other lawful business purposes, including improving energy management technologies and services.

7.2 Your Responsibilities

You represent and warrant that you have all notices, consents, and permissions necessary for our Processing of Your Data, and that such Processing does not violate law or third-party rights. You are solely responsible for Your Data.

8. Communications

8.1 Push Notifications

You may receive push notifications; disable via device settings.

8.2 Email

We may send product/service and third-party emails; opt out via the email's unsubscribe link.

8.3 SMS

By providing a mobile number, you consent to receive account, alerts, and promotional texts. Message/data rates may apply. Reply STOP to opt out.

9. Prohibited Conduct

You agree not to:

• Use the Service unlawfully;
• Access/control any Device/System you do not own or lack authorization to manage;
• Infringe third-party rights;
• Use bots/scrapers or unauthorized tools;
• Submit any part of the Service (including screenshots) to generative AI tools;
• Disable or bypass security, reverse engineer (except as permitted by law);
• Upload malware, send unsolicited offers, harvest information, or disrupt networks;
• Impersonate others or access accounts without permission;
• Sell/transfer access rights or Materials;
• Overburden or impair the Service; or
• Attempt/assist others to do any of the above.

10. Changes to These Terms

We may update these Terms from time to time. Non-material changes are effective on posting; material changes take effect 30 days after posting or notice (unless stated otherwise). We may require acceptance of updated Terms to continue using the Service. If you disagree, discontinue use. Amendments otherwise require a signed writing.

11. Term; Termination; Modifications & Upgrades

11.1 Term

These Terms take effect when you accept or first use the Service and continue until terminated.

11.2 Termination

Your rights end automatically if you violate these Terms. We may suspend/terminate your account or access at any time for any or no reason. You may close your account via the Service or by emailing service@optivolt.com.

11.3 Effect

Upon termination, your license ends and access ceases. Sections 4.3, 5, 7, 11.3, 12–16 survive. Retain copies of Your Data; access may cease after termination. We may retain/use Your Data as permitted by law and our Privacy Policy. If terminated for breach, you may not create a new account/Sub-Account. If your main account terminates, associated Sub-Accounts terminate.

11.4 Modifications & Upgrades

We may modify or discontinue all or part of the Service at any time without liability. We may automatically push updates, patches, or changes (including to comply with the law). You consent to such updates.

12. Indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Optivolt and our affiliates, officers, directors, employees, and agents (the "Optivolt Entities") from any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (1) your unauthorized use or misuse of the Service; (2) your violation of these Terms or law; (3) your violation of third-party rights; or (4) disputes between you and a third party. We may assume exclusive defense at our expense; you will cooperate.

13. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS/CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." OPTIVOLT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE IS AT YOUR OWN RISK, INCLUDING ANY DAMAGE TO DEVICES/SYSTEMS OR LOSS OF DATA.

Some jurisdictions do not allow certain disclaimers; to that extent, they do not apply.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPTIVOLT ENTITIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS/GOODWILL) ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS. OUR AGGREGATE LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF: (A) US$100 OR (B) THE AMOUNT YOU PAID FOR ACCESS/USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

Each limitation is a fundamental allocation of risk and applies even if a remedy fails its essential purpose.

15. Dispute Resolution & Arbitration

15.1 Agreement to Arbitrate

Except as in 15.2 and 15.3, any dispute arising out of or related to these Terms or the Service will be resolved by binding arbitration before a neutral arbitrator, not a judge or jury. The arbitrator decides arbitrability.

15.2 Exceptions

Either party may: (a) bring an individual claim in small claims court; (b) seek relief from a government agency; (c) seek injunctive relief in court in aid of arbitration; or (d) bring an IP infringement action in court.

15.3 Opt-Out

You may opt out of arbitration within 30 days of accepting these Terms by sending written notice to: Optivolt Inc., 1501 Vermont St, San Francisco, CA 94107, Attn: Legal – Arbitration Opt-Out, including your full name, account email, and a statement opting out. If you opt out, Section 15 is void and Section 16.2 governs.

15.4 Rules

Arbitration is under the AAA Consumer Arbitration Rules as modified by these Terms and the Federal Arbitration Act. See www.adr.org.

15.5 Starting Arbitration

Before filing, send a Notice of Arbitration to the address above by certified mail or FedEx (signature required) describing the claim and relief sought. If unresolved after 30 days, either party may file. Fee rules follow AAA Rules; fee-shifting may apply if claims are frivolous.

15.6 Proceedings

Hearings occur in your county of residence unless otherwise agreed. For claims ≤ US$10,000 (no injunctive relief), you may choose documents-only, telephonic/video, or in-person. A reasoned written decision is required.

15.7 Relief

The arbitrator may award any relief a court could, except as limited by 15.8. If you obtain an award greater than our last written offer before arbitrator selection, Optivolt will pay the greater of the award or US$10,000.

15.8 No Class Actions

You and Optivolt may bring claims only on an individual basis, not as a class or representative action. The arbitrator may not consolidate claims without both parties' consent.

15.9 Changes to Arbitration Terms

If we make a substantive change to this Section, you may reject it within 30 days by written notice to the address above; we will terminate your account, and the prior version will govern.

15.10 Enforceability

If 15.8 or all of Section 15 is unenforceable, or you opt out, Section 16.2 controls forum and law.

16. Miscellaneous

16.1 Entire Agreement; Assignment; Waiver; Severability

These Terms (including the Privacy Policy and any Additional Terms) are the entire agreement. You may not assign without our consent; we may assign without notice. No waiver is implied by delay or omission. "Including" means "including without limitation." If any provision is invalid, the remainder remains in effect.

16.2 Governing Law; Venue

California law governs, without regard to conflict-of-laws rules. Subject to Section 15, the exclusive jurisdiction and venue for actions is the state or federal courts located in San Francisco, California.

16.3 Privacy Policy

See our Privacy Policy (incorporated by reference) for information on how we collect, use, store, and disclose personal information.

16.4 Additional Terms

Your use may be subject to additional terms, rules, or guidelines posted or linked within the Service; all are incorporated herein.

16.5 Electronic Communications

By using the Service, you consent to receive electronic communications as described in our Privacy Policy. Such communications satisfy the legal requirements that they be in writing.

16.6 Contact

Optivolt Inc., 1501 Vermont St, San Francisco, CA 94107; service@optivolt.com.

16.7 No Support

We are not obligated to provide support. If offered, support is subject to our published policies.