BENTI ENERGY Software License Terms and Conditions
These Terms and Conditions (the ‘Terms’) govern your use of the BENTI ENERGY Software available at https://www.bentienergy.com/, a remote web-based suite of software services which includes the Monitoring Portal, a management service, which enables you to (i) view performance data of the BENTI ENERGY products and Third Party Products (as defined below), as applicable (jointly the “Products”); and (ii) access and manage the Products, where applicable. The terms “us”, “we” or “our” refer to Shenzhen BENTI Energy Ltd., and its affiliated entities (‘BENTI ENERGY’), and any agent, independent contractor, designee or assignee that BENTI ENERGY may, at our sole discretion, involve in the provision of the Service. The terms “you” or “your” means the person or entity that has purchased, accessed, licensed or is using the Services and accepts these Terms, including owners of the Products (‘Owner’) and/or any individuals or entities who are authorized to access and manage an Owner’s Products and Service on the Owner’s behalf (‘Authorized User/s’) (the Owner and the Authorized Users shall each be referred to as the ‘Customer’).
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 these Terms, personally or on the Owner’s behalf, as applicable. By using or accessing the Service, you represent and warrant that you are the Owner or an employee, contractor or agent of the Owner who is legally and expressly authorized to use the Service on the Owner’s behalf. You also acknowledge that your distributor, installer, or BENTI ENERGY shall have access to your Products for purposes of providing technical support services and that any such or other Authorized Users added to the account have been so authorized by the Owner.
Authorized Users may have the ability to use the Services and monitor and control the Products. Authorized Users may also have the ability to view information (including personal information) and content with respect to all of an Owner’s Products and Services connected to the Owner’s account.
Authorized Users are responsible for their own actions in connection with the Products and Service, but the Owner also hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products and Service.
We may amend or change these Terms from time to time, at our sole discretion, by posting the updated terms on the sites that provide the Service (the ‘Site’). Please access the Site regularly in order to review any such updates. If you find these Terms (including any amended provisions hereof) unacceptable to you at any time, you may discontinue your use of the Site and the Service. Your use of the Site or the Service after we have published such changes on the Site will be considered your agreement to the change. If we make material amendments or changes to these Terms, the amended Terms will be posted on the Site for your acceptance or confirmation, and you will be required to accept or confirm such changes prior to your continued use of the Site or the Services. In some instances, the Service may also enable you to remotely operate certain appliances that are connected to a home automation product. You are aware that certain configurations of home automation products may cause harm or damage to your home appliances or to the Products and that BENTI ENERGY will not be responsible or liable in the event of any such damage.
BENTI ENERGY and its licensors own the Site and the Services, including all worldwide intellectual property rights therein. We grant you, for your personal or internal business purposes only, a non-exclusive, limited, revocable and non-sub licensable right to access and use the Service in connection with your permitted use of the Products. In addition, and solely with respect to the Online Designer, we grant you the right to reproduce and distribute to Owner or prospective Owner, a reasonable number of copies of any Online Designer Output relating to such Owner. You agree not to use the Service for any other purpose, without limitation for commercial purposes, and in no event may you directly or indirectly engage in co-branding, framing, linking or reselling any portion of the Site or the Services without our prior written consent. Except as expressly permitted herein, you may not copy, further develop, create derivative works, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use the Site or the Services. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or Services.
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 (‘Equipment’), in accordance with such requirements as may be (i) provided by the Equipment manufacturers and (ii) any other documentation we provide to you in connection with the Products at any time. In addition, you acknowledge that you are solely responsible for all costs relating to the communication of the Products with the Services. We are not responsible for any errors or problems that arise from the malfunction or failure of your Equipment or any communications services obtained by you.
As part of the terms and conditions herein, you acknowledge that BENTI ENERGY or its agents keep resident certain system and network diagnosis and maintenance tools (the “Support Tools”) to facilitate the performance of remote support and maintenance on your product (“Remote Support”). Support Tools are and remain the sole and exclusive property of BENTI ENERGY. Additionally, you allow BENTI ENERGY to use the Support Tools and Remote Support at its discretion for the remote installation of software and configuration patches, updates, and upgrades to your Product. BENTI ENERGY may also use the Support Tools and Remote Support to transmit information to BENTI ENERGY regarding the performance of your Product.
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.
The Services contain graphical works, applications and other materials of BENTI ENERGY (the ‘BENTI ENERGY Content’) or Third Party Content (as defined below). The BENTI ENERGY Content is protected by copyright, trademark, patent, trade secret and other laws, and BENTI ENERGY owns and retains all of its rights in the BENTI ENERGY 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 BENTI ENERGY Content.
content to the Site for display 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 these representations and warranties.
Collection and Use of Information
Our Products and Services collect:
• setup information you provide such as your home address, zip/postal code, size of the PV system you are installing and any Third Party Products connected to your account
• environmental data from several sensors built-in or connected to the Products or Third Party Products such as temperature, configuration of home automation products and appliances
• energy produced and energy stored (if a battery is connected to your system)
• Technical information from the products such as software or firmware version, system alerts The Service additionally collects and stores, among others:
• closest weather station and electricity grid voltage and properties
• customer (home owner) first and last name
• setup information including address, location coordinates and satellite image captured from Maps.
You acknowledge, agree, and hereby expressly consent that you are aware that;
BENTI ENERGY may provide access to information, including certain personally-identifiable information (“Personal Information”) within the Service, to BENTIENERGY’s third-party partners whose add-on products (such as a battery or home automation products) interface with BENTI ENERGY products (“Third Party Partners”). Such Third Party Partners shall be obligated to confidentiality in a manner that is consistent with applicable privacy laws and may disclose such information in their discretion to other third parties, without the consent of BENTI ENERGY or any other person. You acknowledge and agree that you expressly authorize BENTI ENERGY to provide your Personal Information to Third Party Partners. BENTI ENERGY makes no representation or warranty about the safety of any third-party products or services (‘Third Party Products’). Accordingly, BENTI ENERGY is not responsible for your use of any Third Party Product, results or Online Designer Output or any personal injury, death, property damage (including, without limitation, to your home or your customer’s home), or other harm or losses arising from or relating to your use of any Third Party Products or the Online Designer Output. You should contact the Third Party Partners with any questions about their Third Party Products.
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 and 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 Product data or function. You may not provide your User ID and Password to any other individual. BENTI ENERGY is not liable for any loss or damage arising from your failure to comply with the above requirements. 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.
You may choose to receive certain reports and notifications regarding the Site, the Service, the Products and their performance. Such reports will be sent to you electronically to the email address that you provide when you register for the Service or another email address that you may specify. You agree that by using the Service, all notices or other communications which we may be required to give you arising from our obligations under these Terms or the Service may be sent to you via the email address that you provide when you register for the Service or another email address that you may specify. In addition, you consent to receive 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 [email protected].
Report to Third Parties
The Service may include a feature that enables the reporting of data collected from the Products to be transmitted directly to third-party governmental entities or to such other recipients to whom users may have an interest in reporting such data (the “Report”). This feature may be available to users only in certain designated locations, You are authorized to use the Service to report such data in such manner if this feature is enabled. This feature is offered to you as a convenience, and, without limiting the effect of the terms set forth in the Limitation of Liability – No Warranties section below, BENTI ENERGY disclaims all responsibility for any inaccuracy in the data or any failure of this feature of the Service to report accurate data (or any data). BENTI ENERGY will in no event be liable to you, any customer or any third party in connection with information conveyed or not conveyed to government entities or the list of recipients you have chosen to share information from the Products or through the Service, and you agree to indemnify and hold BENTI ENERGY harmless from the same or any loss, claim, damage, or liability arising out of the same. The use of the report of data collected is limited to your personal, business or marketing use. Except for such use expressly permitted in this paragraph, you may not modify, alter download, the Report. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Report.
We may from time to time introduce new features to the Service or modify or delete existing features under our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules concerning these features.
General access to the Service is currently provided to you at no cost. You acknowledge that BENTI ENERGY reserves the right to charge for providing access to the Site and the Services, under its sole discretion.
Limitation of Liability – No Warranties
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, BENTI ENERGY SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, INJURY, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS OR LOSS OF ENERGY ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE PRODUCTS OR THE SERVICE OR ANY MALFUNCTIONS, THEREOF, ACTIONS OR OMISSIONS BY THIRD-PARTY PARTNERS INCLUDING WITHOUT LIMITATION THE THIRD PARTY CONTENT, ACCESS TO OR USE OF THE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, VIRUSES, TROJAN HORSES, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. BENTI ENERGY SHALL NOT BE LIABLE FOR ERRORS IN THE SITE OR THE SERVICES, INCLUDING THE INACCURATE OR MISSING MEASUREMENT OF DATA BY THE SERVICES, OR IN THE EVENT THE SERVICES FAIL TO DETECT OR DETECT INCORRECTLY, ANY FAULT IN THE PRODUCTS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, OUTPUT, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN AS IS, WHERE-IS AND WHERE AVAILABLE BASIS. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
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 make available to you in connection with either the Service and/or Products, and with all applicable domestic and foreign laws and regulations. You are obligated to review and use the Products and the Service in accordance with the product documentation or other documentation we may provide or make available to you.
We may terminate or suspend these Terms, or terminate, suspend or limit your access privileges to the Services, in whole or part, at any time for any reason, with or without notice. Customers acknowledge that the Site and the Services may be suspended for reasons beyond the control of BENTI ENERGY. We will provide you with 90 days written notice prior to any termination of the Service, except where termination of the Site or the Services relates to your cessation of use of the Products, your failure to meet payment or other obligations relating to the Products, breach of these Terms or other terms made available to you by us, or the party from whom you purchased a Product (including any agreement regarding payment), in which case no notice will be provided. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
You acknowledge and agree that you are personally responsible for your conduct while using the Site and the Services and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys’ fees) that we may incur in connection with a third-party claim or otherwise, in relation to your use of the Site and the Services, the use of the Site and the Services by any Authorized Users on your behalf, or your violation of these Terms or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of these Terms.
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.
Choice of Law/Successors – Waiver – Severability
These Terms and their enforcement shall be governed by the laws of the People’s Republic of China, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation or otherwise. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site. We will not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. If any provision of these Terms conflicts with the law under which these Terms are to be construed or if any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of these Terms and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
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