Monitoring Portal Terms and Conditions

These Terms and Conditions (the “Terms”) set forth the terms and conditions that govern your use of the SolarEdge Monitoring Portal, a remote web-based management service (the “Service”), which enables the presentation of inverter and panel performance data collected from SolarEdge power optimizers and inverters (the “Units”).  As used herein, the terms “us,” “we,” or “our” means SolarEdge Technologies Ltd., affiliated entities or division thereof (“SolarEdge”), and any agent, independent contractor, designee, or assignee that SolarEdge may, at our sole discretion, involve in the provision of the Service; and the terms “you” or “your” means the person or entity which has purchased or licensed the Services (the “Customer”) or the individual accessing or using the Service.

Agreement; Service

This is a legal agreement.  When you use or access, or permit any other persons or entities to use or access the Service, you agree to the terms and conditions of these Terms, personally or on the Customer’s behalf, as applicable.  By using or accessing the Service, you represent and warrant that you are the Customer, or an employee, contractor or agent of Customer who is authorized to use the Service on Customer’s behalf.
We may amend or change these Terms (including by imposing applicable fees or service charges) from time to time, in our sole discretion, by posting the updated terms on the sites that provide the Service (the “Site”).  Please access and review these Terms regularly.  If you find these Terms (including any amended provisions hereof) unacceptable to you at any time, you may discontinue your use of the Site and the Service.  Your use of the Site or the Service after we have made such changes available will be considered your agreement to the change. If we make material amendments or changes to these Terms, the amended Terms will be posted on the Site for your acceptance or confirmation, and you will be required to accept or confirm such changes prior to your continued use of the Site or the Services. 
The Service is an online resource that enables you to access and manage the presentation of inverter and panel performance data collected by the Units. Additional data provided by third parties may also be provided to you by the Service. SolarEdge and its licensors own the Site and the Services, including all worldwide intellectual property rights therein. We grant to you, for your personal or internal business purposes only, a non-exclusive, limited, revocable and non-sublicenseable right to access and use the Service in connection with your permitted use of the SolarEdge Units.  You agree not to use the Service for any other purpose, including without limitation, commercial purposes, and in no event may you, directly or indirectly, engage in co-branding, framing, linking, or reselling any portion of the Site or the Services without our prior written consent. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site or the Services.  You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or Services.

Installation, Maintenance and Operation of Equipment

You are responsible for obtaining, paying for, installing, maintaining, and operating all communications equipment and services and computer equipment necessary for you to access the Service, in accordance with such requirements as may be (i) provided by the equipment manufacturers and (ii) any other documentation we provide to you in connection with Units at any time.  In addition, you acknowledge that you are solely responsible for all costs relating to the communication of the Units with the Services. We are not responsible for any errors or problems that arise from the malfunction or failure of your equipment or any communications services obtained by you.

Browser Access and Internet Services

You may access the Service by using standard internet browsing software. You acknowledge that we are not responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for, any browser or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. We make no endorsement of any specific browser software.  Your use of any browser may also be subject to the license agreements of the browser licensor, and you are solely responsible for complying with any such licensor’s terms in addition to the provisions of these Terms.
You are additionally responsible for obtaining Internet services via the Internet Service Provider (ISP) of your choice, for any and all fees imposed by such ISP and any associated communications service provider charges.  You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks (to the extent the law allows you to do so).  You acknowledge that you have requested the Service for your convenience, have made your own independent assessment of the adequacy of the Internet as a delivery mechanism for accessing information and initiating instructions, and that you are satisfied with that assessment.  We are not responsible for any Internet access services, or for any security, corruption, transmission error, and access availability risks associated with use of the Internet.

Content

The Services contain graphical works, applications and other materials of SolarEdge (the “SolarEdge Content”).  The SolarEdge Content is protected by copyright, trademark, patent, trade secret and other laws, and SolarEdge owns and retains all of its rights in the SolarEdge Content, the Site and the Services.  Except as expressly permitted herein or by applicable law, you may not, directly or indirectly, copy, further develop, reverse engineer, reproduce, republish, download, post, broadcast, transmit or otherwise use the SolarEdge Content.
You may submit certain content to the Site for display upon viewing the panel and inverter data, including a site photo and certain administrative details. You represent and warrant that: (i) you own the content posted by you on or through the Site or Services or otherwise have the unlimited right to grant licenses as such, without the need to obtain any consent, and for no consideration, and (ii) the posting of your content on or through the Site or Services does not and will not violate any applicable laws or the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to indemnify us for any claims brought by third parties as a result of your violation of the these representations and warranties.
Certain third party data or other information may be provided by the Site (“Third Party Content”). SolarEdge is not responsible for any incorrect or inaccurate Third Party Content posted on or made available through the Site or in connection with the Services. Third Party Content may contain links to other websites. SolarEdge is not responsible for the content, accuracy or opinions expressed on by the Third Party Content or through such linked websites, and such Third Party Content and linked websites are in no way investigated, monitored or checked for accuracy or completeness by SolarEdge.

Passwords

To prevent unauthorized access to your data and to prevent unauthorized use of the Service, you agree to protect and keep confidential your User ID, password used to access the Service (“Password”), or other means of accessing data or information via the Service.  The loss, theft, or unauthorized use of your User IDs and Passwords could result in corruption or loss of your Unit data.  You may not provide your User ID and Password to any other individual.  If you disclose your User IDs or Passwords to any persons or entity, you assume all risks and losses associated with such disclosure.  If you permit any other person or entity to use the Service or to access or use your User IDs, Passwords, or other means to access your data, you are responsible for any activities performed and for any use of such data by such persons or entities.  We may at our option change the parameters for the Password without prior notice to you, and if we do so, you will be required to change your password.

Notices

You may choose to receive certain reports and notifications regarding panel and inverter performance data, as well as other data and information related to the Site, the Service, the Units and their performance. Such reports will be sent to you electronically to the email address that you provide when you register for the Service or another email address that you may specify. You agree that by using the Service, all notices or other communications which we may be required to give you arising from our obligations under these Terms or the Service may be sent to you via the email address that you provide when you register for the Service or another email address that you may specify.  In addition, you consent to receiving electronic communications from us including, without limitation, promotional communications or other materials we believe may be of interest to you.  If you do not desire to receive these communications, you may opt out from receiving these communications by notifying us by email at support@solaredge.com.

New Features

We may, from time to time, introduce new features to the Service or modify or delete existing features in our sole discretion.  We shall notify you of any of these changes to features if we are legally required to do so.  By using any new or modified features when they become available, you agree to be bound by the rules concerning these features.

Service Fees

General access to the Service is currently provided to you at no additional cost. You acknowledge that SolarEdge reserves the right to charge for providing access to the Site and the Services, and may change its fee schedule from time to time in its sole discretion. Fees payable for the Site and the Services, and the terms and conditions applicable thereto, shall be set forth in a separate agreement to be negotiated between SolarEdge and an specific Customer. The terms of such agreements may differ substantially between different Customers.

Limitation of Liability; No Warranties

EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, SOLAREDGE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO UNITS OR UNIT MALFUNCTIONS, THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO OR USE OF THE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, VIRUSES, TROJAN HORSES, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. SOLAREDGE SHALL NOT BE LIABLE FOR ERRORS IN THE SITE OR THE SERVICES, INCLUDING THE INACCURATE OR MISSING MEASUREMENT OF DATA BY THE SERVICES, OR IN THE EVENT THE SERVICES FAIL TO DETECT, OR DETECT INCORRECTLY, ANY FAULT IN THE UNITS. 
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND ALL DATA, INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS.
YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES.  NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. 

Other Agreements and Obligations

In addition to these Terms, you agree to be bound by and comply with such other written requirements as we may furnish to you in connection with either the Service and/or Units, and with all applicable domestic and foreign laws and regulations.  You are obligated to review and use Units and the Service in accordance with the product documentation or other documentation we may provide or make available to you.
Termination; Availability 
We may terminate or suspend these Terms, or terminate, suspend or limit your access privileges to the Services, in whole or part, at any time for any reason, with or without notice. Customers acknowledge that the Site and the Services may be suspended for reasons beyond the control of SolarEdge. SolarEdge shall have no liability for any temporary suspension of the Site and the Services lasting less than thirty (30) days, and SolarEdge shall have no responsibility to provide Customers with advance notice of such suspension. We will provide you with 90 days written notice prior to any termination of the Service, except where termination of the Site or the Services relates to your cessation of use Units, your failure to meet payment or other obligations to us or breach of these Terms or other agreement between you and us (including any agreement regarding payment), in which case no notice will be provided. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

Indemnity

You acknowledge and agree that you are personally responsible for your conduct while using the Site and the Services and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Site and the Services or the use of the Site and the Services by anyone using your User ID or Password or your violation of these Terms or the rights of any third party (including, but not limited to, privacy rights).  Your obligations under this paragraph shall survive termination of these Terms. 
Records; Communications
Our Privacy Policy is available at http://solaredge.com/privacy-policy. As further set out therein, we will keep confidential all commercial data and records related to your account with us, including all information collected by the Units and all information presented on the Site and through the Services. Any other communication or material you transmit to us via the Site or electronic mail (including any comments and suggestions regarding the Site and the Services) shall be considered non-confidential, except as prohibited by law, and we may use such communication or material for any purpose consistent with our Privacy Policy, including reproduction, publication, broadcast and posting.
If any User ID or Password we provide to you is provided to you as a representative of the Customer registered with the Service, it may not be retained by you after any termination of your relationship with such Customer. You agree to inform us immediately if a person with access to a Password leaves the employ of the entity to which that Password has been assigned.

Site links 

The Sites may contain links to other third party web sites.  We are not responsible for, nor do we control, the content, products, or services provided by linked sites.  We do not endorse or guarantee the products, information or recommendations provided by linked sites, and are not liable for any failure of products or services advertised on those sites.  In addition, each third party site may provide less security than we do and have a privacy policy different than ours.  Your access, use and reliance upon such content, products or services is at your own risk and subject to any applicable terms of use of such sites. 
Choice of Law/Successors; Waiver; Severability 
These Terms and their enforcement shall be governed by the laws of the State of Israel, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise.  If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site.  We will not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by us.  No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.  A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.  If any provision of these Terms conflicts with the law under which these Terms are to be construed or if any provision of these Terms held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law.  The remaining provisions of these Terms and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law. 

Last revised: January 2010