App Terms of Use

These Terms of Use (“Terms”) are an agreement between you and Mycrogrid, Incorporated (“Mycrogrid,” “we,” “us”) for your use of the Mycrogrid mobile application and the customer portal at portal.mycrogrid.com (together, the “App”). By signing in to or using the App, you agree to these Terms. If you do not agree, do not use the App.

How we handle your information is described in the App Privacy Policy, which is part of these Terms.

Your installation agreement comes first

The App is a companion to the solar, battery, and energy equipment Mycrogrid installed at your property. Your installation agreement and proposal, and the manufacturer warranties for your equipment (together, your “Installation Agreement”), govern the equipment, its installation, any performance commitments, and its warranty. These Terms govern only the App.

If these Terms conflict with your Installation Agreement, the Installation Agreement controls. Nothing in these Terms reduces any warranty or right you have under it.

Who can use the App

The App is for Mycrogrid customers, and people they authorize, who are at least 18 years old. Anyone may explore the demo home, which shows invented data and is not connected to any real system.

Your account

You sign in with a one-time code sent to the email address Mycrogrid has on file for your installation. Keep access to that email account secure: anyone who can read it can sign in as you. Tell us right away at [email protected] if you believe someone has used your account without your permission.

Keep your name and email address current in the App so we can reach you and match you to your system.

What the App shows you

The App shows production, consumption, battery, grid, and equipment information for your system. Much of it comes from your equipment manufacturer’s platform, such as FranklinWH. You authorize Mycrogrid to retrieve that information from the manufacturer for the system installed at your property, and to keep the records described in the App Privacy Policy.

Readings can be delayed, incomplete, estimated, or temporarily unavailable, for example when your system loses its internet connection or a manufacturer’s service is interrupted.

Figures such as energy costs, savings, and battery health are estimates based on the data available and on the utility and rate plan in our records. They are not guarantees. Your utility bill and your equipment’s own records control. Forecasts and weather alerts come from the National Weather Service and are for information only.

The App does not change your equipment’s settings or operate your equipment. Changes to your equipment are made by Mycrogrid or the equipment manufacturer through their own tools.

Not for emergencies

The App is not a safety or alarm system, and its notifications may arrive late or not at all. Do not rely on it to warn you of a fire, an electrical hazard, a power outage, or severe weather.

In an emergency, call 911. For a power outage, contact your utility. For a problem with your equipment, call Mycrogrid at 760-568-3413.

Acceptable use

When you use the App, you agree not to:

• Access, or try to access, another customer’s account or data
• Share your sign-in codes, or use the App on someone else’s behalf without their permission
• Copy, scrape, or collect data from the App by automated means
• Reverse engineer, decompile, or tamper with the App, except where the law allows it despite this restriction
• Interfere with the App or the services it relies on, or try to get around their security
• Use the App in any way that breaks the law

Our content and your license

Mycrogrid owns the App, including its software, design, and drawings, and the Mycrogrid name and logos. We give you a personal, non-exclusive, non-transferable, revocable license to use the App for your own home or property while these Terms apply.

Equipment manufacturers’ names and logos belong to their owners and appear in the App only to identify your equipment.

Services we do not operate

The App relies on services Mycrogrid does not control, including equipment manufacturers’ platforms, the National Weather Service, Apple’s and Google’s app stores and notification services, email delivery providers, and Microsoft Bookings for consultations. Their availability and terms are their own. We are not responsible for an outage or error in a service we do not operate, though we will help you work around it where we can.

Changes to the App and to these Terms

We may add, change, or remove features, and may suspend the App for maintenance or security.

We may update these Terms. When we do, we will change the “Last updated” date above, and for a material change we will tell you in the App or by email before it takes effect. If you keep using the App after a change takes effect, you accept the updated Terms.

Ending your use

You may stop using the App at any time, and you may delete your account as described in the App Privacy Policy or at mycrogrid.com/app/delete-account.

We may suspend or end your access if you break these Terms, if it is needed to protect the App or other customers, or when Mycrogrid no longer services your system. Ending your access to the App does not end or change your Installation Agreement or your equipment warranties.

Disclaimers

To the fullest extent permitted by law, the App is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the App will be uninterrupted or error-free, or that its data will always be accurate or complete.

This section does not affect the warranties in your Installation Agreement, or any warranty that cannot be excluded by law.

Limitation of liability

To the fullest extent permitted by law, Mycrogrid will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, savings, or data, arising from your use of, or inability to use, the App. Mycrogrid’s total liability for any claim arising from the App is limited to one hundred U.S. dollars (US$100).

These limits do not apply to liability that cannot be limited by law, and they do not limit Mycrogrid’s obligations under your Installation Agreement.

Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules.

Before filing a claim, please contact us at [email protected] so we can try to resolve it informally. A dispute about the App that is not resolved informally will be heard in the state or federal courts located in Riverside County, California. If your Installation Agreement sets out a different process for disputes, that process applies instead.

App store terms

If you downloaded the App from Apple’s App Store or Google Play, you also agree to that store’s terms.

For the iOS version of the App: these Terms are between you and Mycrogrid only, not Apple. Mycrogrid, not Apple, is responsible for the App, its maintenance and support, and any claim relating to it, including product liability claims, claims that it fails to meet a legal or regulatory requirement, and intellectual property claims. Apple has no warranty obligation for the App beyond refunding any purchase price, and the App is free. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

You confirm that you are not located in a country subject to a U.S. government embargo, and that you are not on a U.S. government list of prohibited or restricted parties.

General

If any part of these Terms is found unenforceable, the rest remains in effect. If we do not enforce a provision, that is not a waiver of it. You may not transfer these Terms. We may transfer them in connection with a merger, acquisition, or sale of assets.

These Terms, the App Privacy Policy, and your Installation Agreement are the entire agreement between you and Mycrogrid about the App.

Contact

Mycrogrid, Incorporated 41555 Cook St, Palm Desert, CA 92211 Phone: 760-568-3413 Email: [email protected]