Legal Notices and Policies

TRUSTe European Safe Harbor certification

Updated: November 19, 2014

Enphase’s Commitment to Data Privacy Protection

Protecting the security and privacy of your personal data is important to Enphase Energy, Inc. (also referred to here as “Enphase”). This Privacy Policy applies to all of Enphase’s activities, in all countries, including our following websites:

  1. our primary website Enphase.com;
  2. our remote monitoring website Enlighten.EnphaseEnergy.com;
  3. our application programming interface (API) developer website Developer.Enphase.com; and
  4. our community website Community.EnphaseEnergy.com,
(the “Websites” or “Sites”), all owned and operated by Enphase.

In order for you to understand our data privacy policies, we have outlined below what data we collect, how we use that data, security measures we employ, and with whom we may share the data. In this Privacy Policy, references to a 'Customer' are references to anyone who has purchased Enphase equipment, registered for remote monitoring services, or visits Enphase’s Websites.

Enphase has been awarded TRUSTe’s Privacy Seal signifying that this Privacy Policy and our privacy practices have been reviewed by TRUSTe for compliance withTRUSTe’s program requirements and TRUSTed Cloud Program Requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe certification covers only our collection, use and disclosure of information we collect through our Websites and does not cover information that may be collected through our mobile applications. For a list of TRUSTe certified sites, please click on the TRUSTe seal located above. TRUSTe’s mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions.

Our privacy practices comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Enphase has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification, please visithttp://www.export.gov/safeharbor/.

Inquiries and Complaints

For any privacy inquiries, issues or concerns regarding our Privacy Policy or our privacy practices, including making a complaint about our privacy practices, please contact us atSupport@EnphaseEnergy.com or at the contact information at the end of this Privacy Policy. We may request that you make any complaint in writing. Enphase will investigate any complaint and will notify you of the making of a decision in relation to your complaint as soon as is practicable after it has been made.

If you are not satisfied with our response you can contact TRUSTe here. You may also contact your local governmental agency that regulates privacy policy regulation (for example, in Australia, you may contact the Office of the Australian Information Commissioner at oaic.gov.au).

Information Collected

When you initially purchase Enphase equipment, you consent to Enphase obtaining information about you, including your name, address, telephone number, email address, and technical information about your solar energy system and its installation from your equipment installer or distributor. When Enphase equipment is installed, the equipment installer provides us with the equipment site address and a solar array map of your solar energy system.

Information Collected via our Remote Monitoring Service

The use of information collected through our remote monitoring service shall be limited to the purpose of providing the service for which the Customer has engaged Enphase Energy. For more information, see the section on our remote monitoring website below.

Information Collected via our Websites

We have outlined below, for each of our Websites, what data we collect on the Website, how we use that data, and with whom we may share the data. You should also read the 'Information Sharing (Including for Credit Card Payments)' section for more information on with whom we may share your data.

Our Primary Website (Enphase.com)

TRUSTe European Safe Harbor certification

When you visit Enphase.com you may be asked to provide personal information including your name, address, telephone number, email address, and type of customer. This type of information is used to improve user experience, respond to inquiries or support requests, and allow us to follow-up after your Site visit.

To receive regular updates regarding Enphase news, products and promotions, you must provide your first name, last name and email address. This information will only be used to send you notifications about our company and its products and services, or to contact you if necessary. You may unsubscribe to this service at any time by following the unsubscribe instructions included in our notification emails or by contacting us at Support@EnphaseEnergy.com.

Our Remote Monitoring Website (Enlighten.EnphaseEnergy.com)

TRUSTe European Safe Harbor certification

Enlighten.EnphaseEnergy.com is a separate remote monitoring website (also referred to here as “Enlighten”) which can be accessed from Enphase.com. Website visitors’ requests for information about Enlighten and our products which originate on Enlighten.EnphaseEnergy.com are directed back to Enphase.com. Information is collected in the same way all information requests are collected from Enphase.com (see the section above).

We obtain information from you when you inquire about Enlighten and when you register for the service. Our responses to requests for information about Enlighten are internet-based.

When initially registering for Enlighten, we obtain your first name, last name, password, a valid email address (used for log-in) and a phone number. This information is used to establish your Enlighten account, provide you with updates regarding Enphase news, products and promotions, and to contact you about your Enphase system when necessary. If you purchase additional products, we also obtain your credit card and billing information to process the order.

Certain functions of the Enlighten system require the use of geo-location coordinates. In order to perform these functions we supplement your address with geo-location coordinates. You may opt out of this use of your geo-location information by contacting us at Support@EnphaseEnergy.com; however, if you do opt out, we will be unable to provide you with certain Enlighten services.

In certain regions, we offer Enphase system owners the opportunity to sign up for a third party service that reports solar energy production data to other third parties for purposes of enrolling you in incentive programs. If you wish to sign up with this third party provider, you must give Enphase permission to submit certain personal information to the third party service provider, including your name, email address, system location information (street address, city and postal code), meter identifier information (make, model and serial number) and the augmented revenue grade meter data (such as cumulative counter ending value as of the end of the month). We will ask you for this permission when you enter your information on the Enlighten Manager page. The third party service provider may be located in the Unites States or overseas.

The Enlighten monitoring service uses an automated, internet-based technology called the Envoy/Energy Management Unit (“Envoy”). The Envoy is the networking hub connecting every module and microinverter of an Enphase system to Enlighten monitoring and management software. Once the Envoy is connected to the internet it immediately begins reporting your solar equipment information to Enphase and will continue to do so as long as it is online. By having your Envoy connected to the internet, you consent to this automatic information reporting. The information Enphase receives includes the system’s approximate location based on IP address, its output, efficiency, and other technical variables. This information is recorded and preserved by Enphase on third party data storage facilities which are located in the United States, and is accessible to Enphase at all times. We retain this information on behalf of our Customers for as long as needed to provide necessary services. We may also use it to improve our products and services, including for quality assurance and engineering performance comparisons.

Under certain circumstances, we may share Enlighten monitoring data with companies that we co-market, partner and collaborate with for their analysis and internal use to provide Customers with additional services. These companies may be located overseas. You can view and control who has access to your Enlighten data when you log on to Enlighten. If you restrict access from certain parties, the Enlighten service may become unavailable.

If you are an Enlighten Customer, we may ask you to complete surveys or answer questions regarding your satisfaction with any Enphase products you have purchased or services you have received from us. We use this information to improve our remote monitoring services. We may also ask to use information about your experience with our products and services in our company’s marketing materials. We will ask for your express consent to use such information. The information used will not identify you by full name or address. We will only use the general geographic location (city and state), comments from you, the physical performance data from your solar equipment installation (which is stored on our data storage facilities) and other site-specific information as approved by you.

Our API Developer Website (Developer.Enphase.com)

Enphase’s API Developer Website is a JSON-based API that gives users access to system performance data and alerts on the Enlighten accounts they have access to. When initially registering, you are required to provide your first name, last name, organization or group name, a username, e-mail address, and a password. Providing a physical address is optional. This information is used to establish your Enlighten Systems API account, provide you with updates regarding Enphase news, products and promotions, and to contact you about your account when necessary. You may unsubscribe to this service at any time by following the unsubscribe instructions included in our notification emails or by contacting us at Support@EnphaseEnergy.com.

The Developer Website has a forum that can be accessed only by those who have a valid Enlighten Systems API account. Any information you provide in these forums may be read, collected, and used by others who access them. To request removal of your personal information from the forum, contact us at developeraccounts@enphase.com. In some cases, we may not be able to remove your personal information; if such a situation arises you will be notified of the reasons why.

Our Community Website (Community.EnphaseEnergy.com)

Enphase’s Community Website offers a publicly accessible community forum that can be viewed by the public. Only installers with registered Enlighten accounts (and other Enphase Customers who became active members of the Community before January 15, 2014) have the ability to log on to and post in Enphase’s Community Website. This Website uses the same log-in information used for Enlighten accounts and does not collect any additional personal information from users (other than any personal information posted on the forum by a user). Any information you provide in these forums may be read, collected, and used by others who access them. To request removal of your personal information from our community forum, contact us at Support@EnphaseEnergy.com. In some cases, we may not be able to remove your personal information; if such a situation arises you will be notified of the reasons why.

Storage and Security

The information that Enphase and other permitted third parties collects from you is stored on servers that are located in the United States. We take all reasonable steps to ensure this information is protected from misuse, interference and loss, and from unauthorized access, modification or disclosure.

The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using Secure Socket Layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it; however, no method of internet transmission or electronic storage is 100% secure.

Information Sharing (Including for Credit Card Payments)

We will share your personal information with third parties only in the ways that are described in this Privacy Policy, in a privacy collection notice provided to you, or to the extent that you have authorized us to share your personal information with third parties. We do not sell your personal information to third parties. The sections above relating to our Websites also contain details about information sharing specific to each Website. We may use and disclose de-identified data transmitted automatically by your Envoy (used for the Enlighten monitoring service) for any purpose. Any and all of this information may be aggregated with information from other Customers or provided individually as an example of customer experience with our products. We may also share with third parties, aggregate, de-identified data (identified only by zip code of installation), including your usage of and the operation of the equipment and services we provide you. Enphase may disclose your personal information to other Enphase companies and to third party service providers who assist us in providing our products and services, who may be located in the United States and overseas. We contract with other companies and individuals to perform certain functions on our behalf, or to provide you with certain services. This includes processing credit card payments, sending postal mail and email, analyzing data, and providing marketing assistance. Credit card numbers are not retained by Enphase; they are sent to third parties for payment processing. These third parties only have access to personal information necessary to perform their intended functions, may not use it for other purposes, and must process the information in strict compliance with applicable law. Transfers to subsequent third parties are covered by the provisions in this Privacy Policy regarding notice and choice and the service agreements with our Customers. We may also disclose your personal information:

  • As required by law, such as to comply with a subpoena, or similar legal process;
  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; or
  • If Enphase is involved in a merger, acquisition, or sale of all or a portion of its assets. You will be notified of this via a prominent notice on our Websites (such as a press release) of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Access to and Modification of Account Information

Enphase seeks to ensure that all personal information collected and stored in its files and database systems is correct and accurate. Individuals may at any time request access to, or correction of, the personal information Enphase holds about them by contacting us on the details set out at the end of this Privacy Policy. For Enlighten users, once logged on to Enlighten, you can modify account information, including name, address, email address, telephone number and other requested information. If you delete information, we might not be able to provide certain monitoring services to you. If you would like to permanently delete your account or withdraw consent to further contact, please contact Customer Support at Support@EnphaseEnergy.com. We will respond to your request within 30 days.

Cookies

When you access our Websites, we may automatically (i.e., not by registration) collect non-personal data through the use of cookies. This is a quick and convenient method of keeping our Website’s content fresh and relevant to the Website visitor. A “cookie” is a text-only string of characters that is temporarily stored on your device when you access certain websites. Enphase uses cookies to track the pages users visit on our Websites so that information can be customized and enhanced for future sessions. We collect information about the type of internet browser and operating system used, domain name of the website that directed you to our page, number of visits, average time spent on the page, and pages viewed. Our cookies are time-sensitive and automatically expire and deactivate when you close your browser. If the expiration of a cookie is set to be longer than the time you spend on a site, then a text-only string is saved in a cookie on your computer’s hard drive for future reference. The cookies we use cannot retrieve information from your computer’s hard drive, cannot destroy files, and cannot send viruses to your computer. When a cookie is placed on your computer’s hard drive, it does not give Enphase access to your personal information, but it may be used to identify your computer. We may use your Internet address (“Internet Protocol address” or “IP address”) and other information collected automatically to help diagnose problems with our server, and to administer our Websites.

Most web browsers allow you to adjust cookie settings. You can still view our Websites if your browser is set to refuse all cookies, but you must enable cookies to log onto Enlighten and make purchases.

Third Party Tracking Technologies

We allow third parties with whom we have a separate agreement to use cookies and other technologies to collect information about the use of our Websites. These third parties include business partners, who collect information when you view or interact with one of their advertisements on our Websites, and advertising networks, which collect information about your interests when you view or interact with one of their advertisements. The information gathered by these third parties is used to make predictions about your interests or preferences so that they can display advertisements or promotional material on the Websites tailored to your apparent interests.

We also contract with selected marketing specialist companies to help us track the effectiveness of our Websites. In conjunction with cookies, we use web beacons to monitor website traffic. A “web beacon” is a graphic on a webpage designed to track pages viewed and messages opened. Web beacons are often invisible, because they are generally only one pixel by one pixel in size. When a user requests an Enphase webpage, the web beacon is retrieved and activated. Once activated, the web beacon can send information to our contracted marketing specialist companies. The information sent includes the IP address of the computer that requested the page, the time the page containing the web beacon was viewed and for how long, and the type of browser that retrieved the page. This information is compiled by our marketing specialist companies and made available to us.

We do not do not share with these third parties any information that would identify you (such as email address); however, these third parties may have access to information about your device (such as IP or MAC address). We do not have access to, or control over, the technologies that these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy.

Cookies, together with web beacons, enable us to enhance user experience on our Websites and improve the effectiveness of our advertising. Our contracted marketing specialist companies are not permitted to use this information for any purpose other than the functions which they perform for us.

Links to Other Sites

Our Websites contain links to other sites that are not owned or controlled by Enphase. Please be aware that Enphase is not responsible for the privacy practices of such other sites.

Social Media Widgets

A widget is a stand-alone application that we include on our Websites to display information or invite users to interact in a variety of ways. Our Websites contain various social media widgets including the “Facebook Like” button and the Twitter “Tweet” button, as well as the “Share This” button which allows users to share Enphase content on a number of social media websites. The Websites also run interactive mini-programs. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Websites. Your interactions with these features are governed by the privacy policy of the company providing it.

Data Retention

We will retain your information for as long as your account is active, as needed to provide you services, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may retain aggregate, de-identified data indefinitely or to the extent allowed by applicable law. If you wish to cancel or delete your account, or no longer want Enphase to use your information to provide you services, please contact us using the information below. We will respond to your request within 30 days.

Changes to Privacy Policy

We may update this Privacy Policy from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Websites prior to the change becoming effective. We encourage you to review this page periodically for the latest information on our privacy practices.

Questions or Concerns

If you have any questions or comments regarding Enphase’s Privacy Policy, please contact us at Support@EnphaseEnergy.com, or by phone or mail at:

Enphase Energy, Inc.
1420 North McDowell Blvd.
Petaluma, CA 94954
(877) 797-4743

ENPHASE ENERGY TERMS OF SERVICE

Updated: November 6, 2014

THESE TERMS OF SERVICE AND USE APPLY TO ALL ENPHASE ENERGY, INC. ("ENPHASE," "WE," "US," OR "OUR") AND ASSOCIATED WEBSITES INCLUDING http://www.enphase.com (THE "CORPORATE WEBSITE"), http://enlighten.enphaseenergy.com (THE "ENLIGHTEN WEBSITE"), http://community.enphaseenergy.com (THE “COMMUNITY WEBSITE”), AND https://developer.enphase.com (THE “DEVELOPER 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" OR "TERMS"). BY USING ANY WEBSITE, SERVICE, PRODUCT (AS DEFINED BELOW), 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 ENPHASE PRODUCTS) YOU NAME AS A USER OF ANY OF THE WEBSITES OR SERVICES (“YOU”). 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 ENLIGHTEN, MYENLIGHTEN OR API).

1. ADDITIONAL TERMS. Your conduct on these Websites is governed by Enphase’s Privacy Policy and the API License Agreement, both of which are part of these Terms and are incorporated in these Terms by this reference.

To access and use certain Services, you may be required to agree to certain additional terms and conditions. For example, the Community Website requires agreement to the third party Get Satisfaction Terms of Service and those terms will become a part of these Terms on the date you register for the Community Website.

Capitalized terms used in these Terms but not defined in these Terms have the meanings given to them in the Privacy Policy or other additional terms.

2.WEBSITE AND WEBSITE CONTENT. The Websites are copyrighted works belonging to, and are owned and operated by Enphase. Although the Community Website is hosted by Get Satisfaction, all content is owned by Enphase. 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 Enphase products, or current or potential investor of Enphase. 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. Enphase and its licensors reserve all rights not granted in these Terms. There are no implied licenses.

The trademarks, service marks and logos ("Marks") displayed on the Websites are the property of Enphase or the property of other third parties. You are expressly prohibited from using these Marks for any purpose, including use as metatags on other pages or websites, without our prior written consent or the consent of the third party that owns that Mark. Any permitted use of Enphase Marks is governed by the Trademark Usage Guidelines.

3. EMBEDDED SOFTWARE. Enphase products (“Products”) include any part of a photovoltaic system (“PV System”) designed, marketed, sold, installed and supported as a system by one of Enphase’s Customers (defined as installers, authorized distributors and solar system original equipment manufacturers) and comprising, at a minimum, of photovoltaic modules and Products, and is sold as such by Customers to System Owners (defined as any person or entity that acquires a Product as part of a PV System not for further resale, redistribution, or transfer).

Enphase retains ownership of all Intellectual Property Rights (defined as any and all now known or hereafter existing (a) rights associated with works of authorship throughout the universe, including exclusive exploitation rights, copyrights, moral rights, and mask works; (b) trademark and trade name rights; (c) trade secret rights; (d) patents, designs, algorithms, and other industrial property rights; (e) other intellectual property and proprietary rights of every kind and nature throughout the universe, whether arising by operation of law, by contract or license, or otherwise; and (f) all registrations, applications, renewals, extensions, combinations, divisions, or reissues of the foregoing) in the Products, including the Embedded Software (defined as firmware and software embedded in the Products, and any modified, updated, or enhanced versions of such firmware or software provided by Enphase). The Products are offered for sale and sold on the condition in every case that, except as expressly set forth herein, such sale does not convey any license, express or implied, under any Intellectual Property Right of Enphase, and all such rights are reserved. Enphase grants no implied licenses. Embedded Software is provided under license and is not sold. Subject to these Terms, Enphase grants to Customers a non-exclusive and non-transferable license, to sublicense on a non-exclusive and non-transferable basis to (a) execute and use the Embedded Software solely on the applicable Product in accordance with the applicable Enphase Documentation (defined as user documentation for certain Products furnished by Enphase for distribution along with the PV Systems for the Products) for the purpose of installing and configuring the Product on its PV System and (b) sublicense to System Owners the right to execute and use the Embedded Software solely on the applicable Product in accordance with the applicable Enphase Documentation, for the System Owner’s own internal purposes. Customers and System Owners shall not, and shall use all reasonable endeavors to ensure that no third party shall, reverse engineer, decompile, disassemble the Products, or otherwise attempt to derive the source code for the Embedded Software.

4. YOUR ACCOUNT. In order to use certain Services, you may be required to create an account with Enphase by registering on the applicable Website (“Account”). By creating an Account and/or using the associated Service, you represent and warrant that (i) you are at least eighteen (18) years of age, (ii) all required registration or other information you submit is truthful and accurate; (iii) you will update and maintain the accuracy of such information; and (iv) your use of the Service will not violate any applicable law, rule or regulation or the terms of these Terms. When you sign up for an Account, you may be asked to choose a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You agree not to (a) use the Account, username or password of any other user at any time; (b) allow or enable any third party to use your Account, username or password (provided that if you are the owner of an Enphase product, the Enphase authorized installer for your Enphase product may assist you in setting up your Account); or (c) sell, rent, borrow, or otherwise transfer your Account, temporarily or permanently, to any third party. You are solely responsible for any and all use of your Account. We reserve the right to suspend or terminate your Account for any (including due to inactivity) or no reason in our sole discretion.

5. ACCEPTABLE USE. You are solely responsible for any and all of your activities and use of Enphase Websites and Services. You represent and warrant that your activities and use of any Website and/or Service will not:

(i) violate any law, rule or regulation (including any law regarding the export of data, software or technology to and from the United States and other countries) or these Terms;

(ii) access or attempt to access any Website or any web page thereof by any means other than the interface that is provided by Enphase (and specifically, you agree not to access or attempt to access any Website or any web page thereof through any automated means, such as, but not limited to, the use of scripts or web crawlers) and you agree, at all times, to comply with the instructions set out in any robots.txt file provided on any Website;

(iii) engage in any activity of any kind that may interfere with or disrupt the functioning of any Website or Service or the servers and networks used to provide any Website or Service;

(iv) involve the transmission of any unsolicited commercial or bulk email and you shall not use your Account or any Website as a return address for unsolicited commercial mail originating elsewhere;

(v) collect, harvest, mine or engage in any other activity to obtain personal information or any other information about others except with their express written consent and of which consent you shall maintain a written record for a period of three (3) years after any termination of this Agreement;

(vi) remove from any Website Content or falsely add to any Website Content, any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of such Website Content;

(vii) create a false identity for the purpose of misleading others (including, posing as an Enphase employee or agent);

(viii) violate the rights of Enphase or any third party (including other users’ rights) or abuse, defame, harass, stalk or threaten another; or

(ix) create liability for Enphase.

6. DESCRIPTIONS AND SPECIFICATIONS OF PRODUCTS AND SERVICES. The descriptions and specifications of Products and Services on the Websites are subject to change at any time, whether or not reflected in such descriptions or specifications. You agree that descriptions and specifications of Products and Services on the Websites do not create any obligations or liabilities for Enphase. We may modify, suspend or discontinue any or all of the Websites and/or Products or Services at any time, for any or no reason, in our sole discretion.

7. DISCLAIMERS. The Websites, Website Content, and Services are provided strictly on an "as is" and “as available” basis, and there are no warranties, express, implied or statutory, including warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement of Intellectual Property Rights, accuracy, system integration, timeliness or satisfactory quality. We do not warrant that use of any Website or Service will be uninterrupted or error-free, that defects in the Websites, Website Content or Services will be corrected, that our Websites, Services, or Website Content are free of viruses or other harmful components, or that our Website Content will be accurate, reliable, complete or current. We make no warranty that our Websites, Services, or Website Content will meet your requirements or expectations. If applicable law requires any warranties with respect to our Websites, Services, or Website Content, all such warranties are limited in duration to thirty (30) days from the date of your first use of the applicable Website or Service. You will be solely responsible for any damage to your computer system or network or loss of data that may result in the download or upload of any Website Content. Enphase does not provide any warranty, whether express, implied or statutory, including warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement of Intellectual Property Rights, accuracy, system integration, timeliness or satisfactory quality, regarding its Products in these Terms.

8. LIMITATION OF LIABILITY. You agree that, to the full extent permitted by applicable law, Enphase has no liability for indirect, incidental, exemplary, punitive or consequential damages with respect to these Terms or any of the Websites, Website Content, or Products and Services provided hereunder even if we have been advised of the possibility of such damages. We shall not be liable for any damages resulting from your access to or use of, or inability to access or use, the Websites, Website Content, Products or Services, or from your reliance on any of the Websites, Website Content, or Products or Services. In no event shall our aggregate cumulative liability with respect to these Terms or any of the Websites, Website Content, or Products and Services provided hereunder exceed one hundred U.S. Dollars (100 USD). The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the limitation or exclusion of liability, so the above limitations may not apply to you.

9. THIRD PARTY CONTENT. Website Content may include links to third party websites and other materials and content from third parties (including other users) (collectively, “Third Party Content”). Enphase does not investigate, monitor, or review any Third Party Content and is not in any way responsible for the accuracy, form, or content of, or any products or services advertised or promoted in, or your reliance upon, any Third Party Content. However, Enphase reserves the right, in its sole discretion, to delete any or all Third Party Content at any time for any or no reason and with or without notice, in our sole discretion. We do not approve or endorse any Third Party Content, including any product or service advertised or promoted in such Third Party Content and you agree that you access Third Party Content solely at your own risk, including the risk of infecting your computer or computer network with malware, viruses, worms or other computer problems. Third party websites accessed from links on any Website are subject to their own terms and policies, including privacy and data gathering practices.

10. AUTOMATED UPDATES OF SOFTWARE. The Enlighten Service, a web-based service in connection with certain Products to which you subscribe (“Enlighten”), may automatically download and install updates (including bug fixes) from time to time. These updates (including bug fixes) are intended to improve your experience in using Enlighten and the Enlighten Website. You agree to receive such updates (including bug fixes) from Enphase as part of your use of Enlighten and the Enlighten Website.

11. RESTRICTED USE BY UNITED STATES GOVERNMENT. Enphase’s information is provided with and subject to "Restricted Rights." Any use, disclosure or duplication by the U.S. Government is subject to restrictions in accordance with FAR 52.227-14 and DFAR 252.227-7013, et seq., or their successors. Use of Enphase's information by the U.S. Government constitutes acknowledgement of Enphase's sole proprietary rights in them.

12. SECURITY. Security is a high priority for Enphase, and we make reasonable efforts to protect your Account. However, no company, including Enphase, can fully eliminate security risks connected to handling data on the Internet and you acknowledge, understand and agree that we cannot and do not guarantee the security of your Content while it is transmitted over the Internet or stored on our Services.

13. INDEMNITY. You agree to indemnify and hold Enphase, our affiliates, officers, employees, agents, partners and other users, harmless from and against any and all loss, cost (including attorneys’ fees), liability, damage, and expense arising from or relating to any claim or demand made by any third party (including other users) arising out of or related to (i) your use of any of the Websites, Services, or Website Content, your violation of these Terms, or your violation of any rights of any third party or (ii) Your Content.

14. RELEASE. To the extent permitted under applicable law, you hereby release Enphase from any liability related to: (i) any incorrect or inaccurate Website Content, whether caused by any user of any Service or Website or by any of the equipment or programming associated with or utilized in the Services or in the provision of the Websites; (ii) the conduct, whether online or offline, of any user of any Service or Website; (iii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Website Content on account of technical problems or traffic congestion on the Internet or at any Website, or combination thereof, including injury or damage to any person’s computer related to or resulting from participating or downloading materials in connection with the Services or Websites; (iv) any loss or damage caused by or in reliance upon any Website Content or content transmitted by and to users, or any interactions between users of any Service or Website, whether online or offline; and (v) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Website, Service, or user communication.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

15. COPYRIGHT POLICY. It is Enphase’s policy to remove, or disable access to, material that infringes any copyright from the Websites or through the Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on any Website or through the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Websites or Services; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:

Attention: Enphase Copyright Agent
Enphase Energy, Inc.
1420 N. McDowell Blvd
Petaluma, CA 94954

16. CHANGES. These Terms are subject to occasional revision, and if Enphase makes any substantial changes to these Terms, we will notify you by prominently posting notice of the changes on the Websites or sending you an e-mail to the address that you provided for your Account. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on the Websites. These changes will be effective immediately for new users of the Websites or Services. If you do not agree to the changes, you must cease your use of the Websites and Services. By using any of the Websites or Services, you agree to be bound by any such changes and, therefore, you should periodically visit the Websites to examine the then-current Terms of Service. Please note that at all times you are responsible for updating any e-mail address that you have provided to us for your Account. If the e-mail address you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.

17. JURISDICTION. These Terms and any action related to these Terms are governed by the laws of the State of California, United States of America, without giving effect to any conflicts of laws principles that would require the application of the law of a different state or jurisdiction. Venue and jurisdiction for any claims arising from these Terms shall be in a federal court in the Northern District of California having jurisdiction or in the California state courts in Sonoma County, California. By using any of the Websites, Services, or Products you consent to the personal jurisdiction and venue of these courts.

18. MISCELLANEOUS. These Terms constitute the entire agreement between you and Enphase regarding your use of the Websites and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. As used in these Terms, the word “including” means “including but not limited to.” You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from us, in violation of United States export laws or regulations. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign this Agreement without restriction.

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding these Terms, please contact us at support@enphaseenergy.com. Copyright © 2010-2014 Enphase Energy. All rights reserved.

ACCEPTABLE USE. You are solely responsible for any and all of your activities and use of Enphase Websites and Services. You represent and warrant that your activities and use of any Website and/or Service will not:

(i) violate any law, rule or regulation (including any law regarding the export of data, software or technology to and from the United States and other countries) or these Terms;

(ii) access or attempt to access any Website or any web page thereof by any means other than the interface that is provided by Enphase (and specifically, you agree not to access or attempt to access any Website or any web page thereof through any automated means, such as, but not limited to, the use of scripts or web crawlers) and you agree, at all times, to comply with the instructions set out in any robots.txt file provided on any Website;

(iii) engage in any activity of any kind that may interfere with or disrupt the functioning of any Website or Service or the servers and networks used to provide any Website or Service;

(iv) involve the transmission of any unsolicited commercial or bulk email and you shall not use your Account or any Website as a return address for unsolicited commercial mail originating elsewhere;

(v) collect, harvest, mine or engage in any other activity to obtain personal information or any other information about others except with their express written consent and of which consent you shall maintain a written record for a period of three (3) years after any termination of this Agreement;

(vi) remove from any Website Content or falsely add to any Website Content, any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of such Website Content;

(vii) create a false identity for the purpose of misleading others (including, posing as an Enphase employee or agent);

(viii) violate the rights of Enphase or any third party (including other users’ rights) or abuse, defame, harass, stalk or threaten another; or

(ix) create liability for Enphase.

Enphase Energy, Inc. Trademark Usage Guidelines

Introduction

Enphase Energy, Inc. (“Enphase”) trademarks, otherwise known as brands, are used worldwide in connection with products and services, are Enphase intellectual property, and are important and valuable assets of Enphase. Adherence to the following Guidelines for using Enphase’s Trademarks properly in all communications, documents and electronic messages will help to maintain the integrity of our brands and preserve their value.

What is a trademark?

A trademark is a word, name, symbol, device, design or phrase adopted and used by Enphase to identify its goods and services and to distinguish them from the goods and services of others. Trademarks are usually marked with either a ™ or an ® symbol (a ™ designates an unregistered trademark and an ® designates a registered trademark). View the Enphase Trademarks List attached. While this list generally refers to trademarks used in the United States, some trademarks may also be used and registered internationally.

Who do these Guidelines apply to?

These Guidelines apply to Enphase employees, customers, licensees, consultants, outside vendors, and other third parties.

If you have entered into a specific agreement with respect to the license of Enphase Trademarks, the license agreement that you signed with Enphase may have special trademark and logo usage guidelines different than these Guidelines. If so, please follow the special guidelines provided to you pursuant to your license agreement. If you are a licensee, but have been provided no special guidelines, then follow these Guidelines.

Are there limitations to the use of Enphase Trademarks?

Yes. Subject to your compliance with these Guidelines, the right to use Enphase Trademarks granted pursuant to this policy are non-exclusive, non-transferable, revocable, royalty-free license, and without the right to grant sublicenses. Your right to use and reproduce the Enphase Trademarks are limited to use solely in connection with marketing the Enphase Products and the Enlighten Service.

Enphase grants no rights in the Enphase Trademarks other than those expressly granted herein. You acknowledge Enphase’s exclusive ownership of the Enphase Trademarks. You agree not to take any action inconsistent with such ownership and to cooperate, at Enphase’s request and expense, in any action (including the conduct of legal proceedings), which Enphase deems necessary or desirable to establish or preserve Enphase’s exclusive rights in and to the Enphase Trademarks. You will not adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the Enphase Trademarks or in such a way as to create combination marks with the Enphase Trademarks.

You will provide Enphase with samples of all products and materials that contain the Enphase Trademarks prior to their public use, distribution, or display for Enphase’s quality assurance purposes and will obtain Enphase’s written approval before such use, distribution, or display.

At Enphase’s request, you will modify or discontinue any use of the Enphase Trademarks.

Referential Trademark usage

You may refer to Enphase products and services by their associated Enphase trademarks and service marks in marketing and promotional literature, print materials and other media provided that:

  • Your references are truthful, fair, and not misleading
  • You adhere to these trademark usage Guidelines, which may be modified by Enphase from time to time in Enphase’s sole discretion
  • You do not disparage Enphase or Enphase products and services
  • You do not imply a relationship or association with Enphase that does not exist
  • You use appropriate trademark symbol on all trademarks and a footnote trademark
  • acknowledgment indicating that the mark(s) and/or logos is/are owned by Enphase Energy, Inc.

General Trademark Usage Guidelines

  • 1. Use appropriate markings. Always designate the trademark with the appropriate ™, SM, ®, or other symbol. Also, the first usage or most prominent usage of a Enphase product name should be preceded by the Enphase brand in the same typesize, font and color and used on the same line.
  • Correct: Enphase® M215 Microinverter™
  • 2. Attribute ownership of Enphase trademarks to Enphase. When you refer to an Enphase trademark, please include a notice of trademark attribution where appropriate on all labeling, print collateral or other media:
  • Correct: Enphase and Enphase Logo are trademarks of Enphase Energy, Inc.
  • 3. Logos. You may not use any Enphase logos without a trademark license or written permission from Enphase. All usage of trademark logos shall be pursuant to these guidelines and any other guidelines applicable to that particular logo. If you are interested in a license to use an Enphase logo or you require further guidance on proper trademark usage, please contact your Enphase marketing or sales representative. Include your contact information, what content you seek to use and how it will be used. If you are requesting photo permission, please send all copy and captions that will accompany the photo with your request.

 

Enphase Trademarks List


The list of Enphase Energy, Inc.’s trademarks comes with specific Trademark Usage Guidelines

  • [E] Design ™/® (Unregistered in US; Registered in NZ)
  • Enphase®
  • Enphase Energy®
  • Enphase® Metering and Management Solution™
  • Enphase® Microinverter
  • Enphase® Microinverter System™ (refers to a multiple product solution)
  • Enlighten®
  • Environ®
  • Environ Smart Thermostat™
  • Envoy®
  • Envoy Communications Gateway™
  • M190 Microinverter™
  • M215 Microinverter™

 

Enphase Trademarks Information


The Enphase logo ™, Enphase®, Enphase Energy®, Enphase® Metering and Management Solution™, Enphase® Microinverter, Enphase® Microinverter System™, Enlighten®, Environ®, Environ Smart Thermostat™, Envoy®, Envoy Communications Gateway™, M190 Microinverter™, and M215 Microinverter™ are trademarks of Enphase Energy, Inc. in the U.S. and/or other countries.

Copyright © 2006-2013 Enphase Energy, Inc. All rights reserved.
Enphase Energy, Inc., 1420 North McDowell Blvd., Petaluma, CA 94954, USA.

 

Enphase Trademarks Guidelines on Symbols and Acknowledgements


The following are guidelines for the use of trademark symbols and acknowledgments for Enphase's trademarks.

Trademark symbols

  • In letters, memos, press releases, white papers, advertising, slides, foils, video, clickable web page and other multimedia presentations:
    • Properly designate (with ®, ™ or SM) all of Enphase's trademarks at the most prominent use and again on the first occurrence in copy.
    • In the case of presentation graphics, trademarks should be designated with the proper trademark symbol on each page, slide, and foil.
  • In newsletters, magazines, and publications containing multiple articles:
    • Properly designate (with ®, ™ or SM) all of Enphase's trademarks on the first occurrence in the Table of Contents, in headlines and on the first occurrence in every article in which they are used.
  • In brochures, annual/quarterly reports, books, technical documentation, and other bound documents:
    • Properly designate (with ®, ™ or SM) all of Enphase's trademarks on the first occurrence in the Table of Contents, in headlines, and on the first occurrence in text.
  • In all charts or graphs, properly designate trademarks (with ®, ™ or SM), as they could be copied or pulled and used independently.
  • In all tag lines incorporating a trademark slogan, always use the trademark symbol in every reference.
  • Trademark symbols are not required in quoted material.

Trademark acknowledgments

  • Typically, all printed marketing collateral needs a legal line. Exceptions include letters and trade show signage.
  • The legal line on printed material must be large enough to be legible, at least 7-point type.
  • Properly footnote and acknowledge trademark ownership, preferably identifying Enphase marks as being owned by Enphase Energy, Inc., e.g., [Mark] is a trademark of Enphase Energy, Inc. in the U.S. and/or other countries.

Warranty

The confidence we have in our products is reflected in our comprehensive warranty coverage. Enphase Energy® offers the industry’s leading warranty and servicing packages.

North American Warranties
Our North American warranties cover products installed in the United States and United States Territories (including Puerto Rico, Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and Guam) and Canada. European Warranties Our European warranties cover products installed in Belgium, France, Germany, Italy, Luxembourg, Netherlands, and Switzerland. United Kingdom & the Republic of Ireland Warranties Our United Kingdom and The Republic of Ireland warranties cover products installed in England, Wales, Scotland and Northern Ireland (UK) and The Republic of Ireland. Australia and New Zealand Warranties Our Australia and New Zealand warranties cover products installed in the Commonwealth of Australia and in New Zealand. Global Warranties Our global warranties cover products installed in countries not listed above. The warranties below do not apply in countries restricted by the U.S. Treasury Office of Foreign Asset Control.

API License Agreement

Updated: April 29, 2014

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THIS “AGREEMENT”) FOR THE USE OF THE ACCOMPANYING APPLICATION PROGRAMMING INTERFACE AND ASSOCIATED ELECTRONIC DOCUMENTATION (COLLECTIVELY, “API”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERM “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. BY USING THE API, YOU FURTHER REPRESENT THAT YOU OR YOUR CUSTOMERS ARE, FOR THE ENTIRE DURATION THAT YOU USE THE API, USERS OF ENPHASE ENERGY, INC.’S (“ENPHASE ENERGY,” “WE,” “US” OR “OUR”) “ENLIGHTEN” SERVICE (“ENLIGHTEN SERVICE”) FOR THE SYSTEMS (AS DEFINED IN SECTION 1 BELOW). IF YOU DO NOT HAVE SUCH AUTHORITY, OR YOU OR YOUR CUSTOMERS ARE NOT USERS OF THE ENLIGHTEN SERVICE, OR YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK ON THE “CANCEL” BUTTON TO DISCONTINUE THE DOWNLOAD OF THE API.

1.BACKGROUND. You own, operate or manage solar installations that include microinverters that are manufactured by or for Enphase Energy or are approved in writing by Enphase Energy (such solar installations, “Systems”). You have an application or service for billing or other internal business purposes (“Your Application”) and wish to collect, using the API with the Enlighten Service, certain data (including personally identifiable information) output by or regarding such Systems (collectively, “Data”). Enphase Energy wishes to license the API to you, and you accept such license, for use with Your Application, subject to the terms and conditions of this Agreement.

2. LICENSE GRANT; RESTRICTIONS.

2.1 License Grant. Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, and non-transferable (except in conjunction with a permitted assignment by you of this Agreement under Section 11.5) license, during the term of this Agreement, to execute and use the API with Your Application but solely for your internal business purposes and in accordance with this Section. The foregoing license is limited to your use of the API with Your Application solely: (a) for the duration that you are a party to and bound by the terms set forth at http://www2.enphase.com/terms/ (“Terms”) and are not in material breach of any of the terms or conditions contained therein; (b) you do not owe Enphase Energy any monies pursuant to this Agreement, the Terms or any other agreement with Enphase Energy; and (c) for those specific Systems: (i) you have identified in writing to us and we have accepted in writing; and (ii) for which you continue to have all of the rights, you represent and warrant that you have accepted the Terms. You may sublicense the license granted in this Section to a third party contractor, provided that; (1) you enter into a binding written agreement with such third party contractor requiring such third party contractor to: (y) exercise such sublicense solely for the purpose of developing Your Application for your benefit as described above; and (z) comply with the terms of this Agreement (including the restrictions described in Section 2.2); and (2) any non-compliance by such third party contractor with the terms of this Agreement will be deemed a breach by you of this Agreement.

2.2 Restrictions. You acknowledge that the API is valuable proprietary intellectual property of Enphase Energy. Accordingly, you agree not to: (a) license, sell, rent, assign or transfer (except in conjunction with a permitted assignment by you of this Agreement under Section 11.5), or make the API available to any third party (except to any third party contractor pursuant to a permitted sublicense grant by you under Section 2.1 or to any third party assignee pursuant to a permitted assignment by you of this Agreement under Section 11.5), or otherwise commercially exploit the API; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the API; (c) use the API in order to build a product or service that replicates or attempts to replace the customer’s user experience of the Enlighten Service; (d) use the API in a manner that adversely impacts the stability of our servers or adversely impacts the behavior of other applications using the API; (e) use the API for any illegal, unauthorized or otherwise improper purposes, or in any manner which would violate this Agreement; (f) use our name to endorse or promote any product, including Your Application, or (g) use the Data accessed through the API for any purpose other than in compliance with all applicable laws (including privacy laws). You will preserve all copyright and other proprietary rights notices in the API and all copies made thereof.

3. BRANDING; TRADEMARK LICENSE. As a condition of your license to use the API, you agree to include the Enphase Energy marks and branding specified in http://www2.enphase.com/legal-information/, “Enphase Energy, Inc. Trademark Usage Guidelines” (collectively, the “Enphase Energy Marks”) in the user interface of Your Application and the user documentation therefor, in compliance with the size, location and other specifications set forth in http://www2.enphase.com/legal-information/, “Enphase Energy, Inc. Trademark Usage Guidelines” (“Branding Specifications”). Subject to the terms and conditions of this Agreement, Enphase Energy grants you a non-exclusive, non-transferable (except in conjunction with a permitted assignment by you of this Agreement under Section 11.5), revocable, royalty-free license (without the right to grant sublicenses) to incorporate and display the Enphase Energy Marks, in accordance with the Branding Specifications, in the user interface of Your Application and the user documentation therefor. You agree to state in appropriate places in the user interface of Your Application that the Enphase Energy Marks are trademarks of Enphase Energy and to include the symbol ™ or ® as appropriate. Enphase Energy grants no rights in the Enphase Energy Marks other than those expressly granted in this Section. You acknowledge Enphase Energy’s exclusive ownership of the Enphase Energy Marks. You agree not to take any action inconsistent with such ownership and to cooperate, at our request and expense, in any action which we deem necessary or desirable to establish or preserve our exclusive rights in and to the Enphase Energy Marks. You will not adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the Enphase Energy Marks or in such a way as to create combination marks with the Enphase Energy Marks. You will provide us with samples of Your Application and any other materials that contain the Enphase Energy Marks prior to their public use, distribution, or display for our quality assurance purposes and will obtain our written approval before such use, distribution, or display. At our request, you will modify or discontinue any use of the Enphase Energy Marks.

4. OWNERSHIP. You own all rights, title and interest (including all intellectual property rights) in and to Your Application. Nothing in this Agreement is intended to restrict your rights to distribute, sell, or otherwise exploit Your Application. We own all rights, title, and interest (including all intellectual property rights) in and to the API and any and all modifications and derivative works thereof. Except for the licenses granted in Sections 2.1 and 3, we do not grant you any right, title or interest under this Agreement in any intellectual property owned or licensed by us, including the API and our trademarks. There are no implied licenses in this Agreement.

5. SUPPORT; UPTIME.

5.1 Support. Any update or upgrade to the API furnished by Enphase Energy will be subject to the terms of this Agreement, unless we expressly state otherwise. Nothing in this Agreement, however, obligates us to provide any services, updates or upgrades to the API or the Enlighten Service. We may terminate any provision for support or modifications, if at all provided, at any time without notice or liability to us.  We have a “developers’ forum” located at http://developer.enphase.com where you may, once you have registered or signed up for a particular API plan, access a community of other developers (the “Forum”). Your activity in the Forum is governed by Enphase Energy’s privacy policy, terms, acceptable use, license compliance and Enphase Energy, Inc. Trademark Usage Guidelines, which can all be accessed through http://www2.enphase.com/legal-information/.

5.2 Uptime. While Enphase Energy makes no promises to uptime performance, it will endeavor to have the API available for greater than 99.0% of the time during any particular calendar quarter (“Uptime”).  Uptime excludes time when:  (a) Enphase Energy has a planned site outage for any reason, including, outages for maintenance and upgrades; (b) a particular System is unavailable due to any reason, including, a non-functioning Envoy or reporting inverter, lack of internet connection or electrical power, or any other Force Majeure event that negatively impacts a System.

6. FEES; PAYMENT.

6.1 Fees. The license fees for the API will be set forth on http://developer.enphase.com, and may be changed from time to time.

6.2 Payment. We accept payment only via credit card. Please review the Enphase Energy Privacy Policy located at http://www2.enphase.com/legal-information/ to learn about the type of personal information that will be collected by the third party payment company. You will be charged the applicable fee (based on the plan you select) at the end of each calendar month. If you sign up for a plan at any time during a calendar month other than on the first of such month, the monthly amount will be pro-rated to cover the actual number of days that you have the API license. You will continued to be charged until you affirmatively cancel your plan on http://developer.enphase.com.

7. SUSPENSION; TERM AND TERMINATION.

7.1 Suspension of Use. You may suspend your use of the API at any time. We may suspend access to the API at any time for any reason. We may change, suspend or discontinue any aspect of your access to the API at any time without notice or liability to you. We may also impose limits on certain features and services or restrict your access to part or all of the API or our Website without notice or liability to you. We may release subsequent versions of the API and require you to use the most recent version. Your continued use of the API after such a release will be deemed your acceptance of such modifications.

7.2 Term and Termination. The term of this Agreement begins and the licenses granted hereunder are effective on the date you download the API and will continue unless and until this Agreement is terminated by either party pursuant to this Section. You may terminate this Agreement at any time, with or without cause, upon written notice to us by sending either an email to api@enphase.com with your name and the subject “TERMINATION OF API LICENSE” or a letter by United States mail to: Enphase Energy, Inc., 1420 N. McDowell Blvd., Petaluma CA 94954, Attention: Legal Counsel or to such other address as we may specify by posting the new address on our Website. We may terminate this Agreement at any time, with or without cause, upon written notice to you by sending you an e-mail to the address that you provided for your Enlighten Service account, provided that if the e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of such termination.

7.3 Effect of Termination. Upon any termination, the licenses granted hereunder will terminate and you will immediately destroy any copies of the API in your possession and all payment obligations (if any) will be immediately due and payable to us. The following terms of this Agreement will survive any termination of this Agreement: 2.2, 4, 6, 7.3, 8, 9, 10 and 11.

8. DISCLAIMER. THE API IS PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT OR MAKE ANY REPRESENTATION, WARRANTY OR CONDITION THAT THE API IS FREE OF INACCURACIES, ERRORS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, OR COMPLETE. YOUR USE OF THE API IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE API INCLUDING, FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE API, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF YOUR DOWNLOAD OF THE API.

9. LIMITATION OF LIABILITY. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR RELIANCE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST REVENUES AND LOST BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE API, WHETHER IN CONTRACT OR TORT OR OTHERWISE. IN ANY EVENT, OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND THE API WILL NOT EXCEED THE FEES PAID BY YOU UNDER THIS AGREEMENT.

10. INDEMNIFICATION. To the maximum extent permitted by applicable law, you agree to defend, hold harmless and indemnify Enphase Energy and its directors, officers, employees and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) brought by any third party arising from or in any way related to Your Application or your breach of this Agreement.

11. GENERAL TERMS.

11.1 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles that would require the application of the law of a different state. Any action or proceeding arising from or relating to this Agreement must be brought in a federal court in the Northern District of California or in state court in Santa Clara County, California and each party irrevocably submits to the jurisdiction and venue of any such court, except that Enphase Energy may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights.

11.2 Remedies; Injunctive Relief. All rights and remedies of Enphase Energy, under this Agreement, in law or at equity, are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be an election of that remedy to the exclusion of other remedies. You acknowledge that any actual or threatened breach of Section 2, 3 or 4 will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

11.3 Attorneys Fees. In the event of litigation between the parties arising out of or related to this Agreement, the prevailing party will be entitled to recover its attorneys’ fees and costs incurred.

11.4 Relationship Between the Parties. The parties are independent contractors and nothing in this Agreement will be construed as creating a partnership or joint venture of any kind and neither party will have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

11.5 Assignment. You may not assign this Agreement, in whole or in part, without our prior written consent. Any assignment in violation of this Section will be null and void. We may freely assign this Agreement.

11.6 Force Majeure. Except for any payment obligations, neither party will be liable to the other for failure to fulfill obligations hereunder if such failure is due to causes beyond its reasonable control, including acts of nature, earthquake, fire, flood, embargo, catastrophe, sabotage, utility or transmission failures, governmental prohibitions or regulations, national emergencies, insurrections, riots or wars, or viruses which did not result from the acts or omissions of such party, its employees or agents, strikes, work stoppages or other labor difficulties, or outages of any network.

11.7 Export Laws. You will comply with applicable export laws and regulations of the United States with respect to the API and any technical data received under this Agreement.

11.8 Changes. This Agreement is subject to occasional revision, and if Enphase Energy makes any substantial changes to this Agreement, we will notify you by prominently posting notice of the changes on our Website or sending you an e-mail to the address that you provided for your Enlighten Service account. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new licensees of the API. If you do not agree to the changes, you must cease your use of the API. By using the API, you agree to be bound by any such changes and, therefore, you should periodically visit our Website to examine the then-current Agreement. Please note that at all times you are responsible for updating any e-mail address that you have provided to us for your Enlighten Service account. If the e-mail address you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.

11.9 Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement cancels and supersedes any and all prior proposals (oral and written), understandings, representations, conditions, warranties, covenants and other communications between the parties, which relate to the subject matter of this Agreement. Except as otherwise provided in Section 11.8, this Agreement may only be amended by a written instrument signed by both parties. If this Agreement is translated into any other language, the English language version hereof will govern. The titles, headings and subheadings used throughout this Agreement are intended solely for convenience of reference and do not form a part of the terms of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void or unenforceable, such provision will be construed so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of this Agreement; and if such provision will be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof will not in any way be affected or impaired thereby. A party’s waiver of any breach of this Agreement by the other party will not constitute a waiver of any rights or any subsequent breach of the same or different provision thereof. To be enforceable, a waiver must be in writing signed by a duly authorized representative of the waiving party. Except as expressly set forth in this Agreement, nothing in this Agreement is intended or will be construed to confer upon or give to any third party any rights or remedies under or by reason of this Agreement. As used in this Agreement, the word “including” means “including but not limited to.”

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding this Agreement, please contact us at api@enphase.com. Copyright (c) 2014 Enphase Energy, Inc. All rights reserved.

Open Source License Compliance

Enphase Energy's gateway software uses open source components. For a complete list of open source components, sources and licenses, please choose a release:

California Transparency in Supply Chains Act Disclosure

Enphase Energy, Inc. and its subsidiaries (collectively, "Enphase") strive to achieve and maintain the highest possible standards of corporate integrity and ethical behavior. Enphase expects that its suppliers will conduct their businesses not only in a lawful manner but also in compliance with the same high standards of integrity and ethics.

In order to establish guidelines for such standards, Enphase has established a Supplier Code of Conduct. The Supplier Code of Conduct sets forth and highlights important legal, ethical, behavioral and other requirements for parties that wish to be Enphase suppliers. Specifically, the Supplier Code of Conduct states that suppliers must not support, promote or engage in the practice of slavery or human trafficking, and it requires suppliers to comply with all international standards and applicable laws regarding slavery and human trafficking. Enphase suppliers are further expected to take reasonable and necessary steps to help ensure that their sub-contractors and sub-suppliers also comply with all international standards and applicable laws regarding slavery and human trafficking.

At this point, Enphase does not engage in verification of product supply chains to evaluate or address the risks of human trafficking and slavery, audit suppliers to evaluate compliance with Enphase standards for human trafficking and slavery in supply chains, or require suppliers to certify that the materials incorporated into their products comply with laws regarding human trafficking and slavery. However, Enphase provides its suppliers with a Quality Assurance Manual that outlines our Supply Chain Expectations and requires suppliers and subcontractors to comply with all international standards and applicable laws and regulations regarding slavery and human trafficking. It is our expectation that they do not support, promote or engage in slavery and human trafficking and that slavery and human trafficking do not exist in their respective organizations and supply chains. Enphase suppliers also may be asked to cooperate with Enphase in an annual verification of the absence of human trafficking and slavery in its supply chain through audits of supplier practices and underlying management systems conducted by Enphase. Suppliers are expected to promptly take corrective action to address any deficiencies identified with respect to compliance with Enphase's Supplier Code of Conduct. If a supplier is found to be in violation of the Supplier Code of Conduct, Enphase will take prompt, remedial measures to address the violation.

Enphase also has established a Code of Conduct, which applies to all Enphase personnel, including employees and board members (collectively, "Employees"). Enphase expects its business partners and contractors to share the general principles stated in the Code of Conduct. The Code of Conduct requires Enphase Employees to comply with all applicable laws and regulations, including but not limited to those relating to human trafficking and slavery. While Enphase does not provide specific training on human trafficking and slavery, the Code of Conduct explains that if an Employee needs guidance on a legal or ethical question or has witnessed or has knowledge of an illegal or unethical activity, he or she should consult with or report the matter to his or her supervisor, Enphase’s Compliance Officer, the Compliance Hotline and/or the Audit Committee of Enphase's Board of Directors, depending on the specific circumstances. All reports of alleged violations will be investigated by Enphase. If the results of an investigation indicate that corrective action is required, the Company will decide the appropriate steps to take, including discipline, dismissal, and possible legal proceedings.

It is Enphase’s intention and policy to conduct its business with integrity and to rely on our employees and partners to follow appropriate ethical and legal business practices. Enphase takes the issues of slavery and human trafficking very seriously and will continue doing its part by responsibly managing its supply chains in an effort to eradicate human trafficking and slavery.

Enphase Energy, Inc. Conflict Minerals Policy

There has been increased awareness regarding the human rights violations in the mining of certain minerals from an area known as the “Conflict Region”: the Democratic Republic of the Congo (“DRC”) and the surrounding countries. Through the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), publically traded companies have been chartered to practice reasonable due diligence with their supply chain to determine if tin, tantalum, tungsten and gold (“Conflict Minerals”) used in their products are being sourced from mines controlled by non-government or unlawful military groups within the Conflict Region. Enphase Energy, Inc. (“Enphase”) is committed to taking all steps to comply with the legislation and is committed to sourcing components and materials from companies that share our values around human rights, ethics and environmental responsibility.

Tracing materials back to their mine of origin is a complex endeavor but an important aspect of responsible sourcing. Enphase Energy looks to industry guidelines to help establish its programs such as the Organization for Economic Co-operation and Development’s (“OECD”) Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High Risk Areas, the joint Electronic Industry Citizen Coalition and the Global e-Sustainability Initiative, which is taking action to address responsible sourcing through the development of the Conflict-Free Smelter program aiming to enable companies to source conflict-free minerals. Given the complexity of of Enphase’s and its suppliers’ respective supply chains, it will take time for many suppliers and sub-suppliers to verify the origin of conflict minerals. But using our supply chain due diligence process to drive accountability within the supply chain will further our goal of conflict-free sourcing.

We are in the process of developing and implementing a strategy to support the objectives of the U.S. regulations on the supply of Conflict Minerals. Our commitment includes:

  • Developing policies and processes toward preventing the use of Conflict Minerals or derivative metals necessary to the functionality or production of our product(s) that finance or benefit armed groups in the Conflict Region.
  • Not knowingly procuring specified minerals that originate from facilities in the Conflict Region that are not certified as conflict free.
  • Expecting our suppliers to: (i) provide Enphase with Conflict Mineral content and country of origin information on the products it supplies to Enphase; (ii) cooperate with Enphase (or an independent third party auditor) in any review of its supply chain and procurement process, Conflict Mineral audits, and due diligence on its suppliers as required for Enphase’s annual SEC disclosure in compliance with the Dodd-Frank Act; and (iii) collaborate with Enphase in developing a chain of custody for these Conflict Minerals in the supply chain and identifying and sourcing conflict-free sources for the minerals used in Enphase products.
  • Expecting suppliers whose products contain conflict minerals to establish policies, due diligence frameworks, and management systems consistent with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High Risk-Areas that are designed to accomplish this goal, and requiring their suppliers to do the same.

Enphase believes in establishing and maintaining long-term relationships with suppliers whenever possible. However, if we determine that any supplier is, or a reasonable risk exists that it may be, violating this Policy, then we will require the supplier to commit to devise and undertake suitable corrective action to move to a conflict free source. If suitable action is not taken, we will look to alternative sources for the product. Enphase’s efforts are not to ban procurement of minerals from the Conflict Region, but to assure procurement from responsible sources in the region. If we determine that any of the components of our products contain minerals from a mine or facility that is “non-conflict free,” we will work towards transitioning to products that are “conflict free.”