ANNEX 8 - APPENDIX I 
GENERAC EV CHARGING END USER LICENSE AGREEMENT

Last Updated April 30, 2024

 

PLEASE READ THIS END USER LICENSE AGREEMENT (this "EULA") CAREFULLY BEFORE PROCEEDING. BY REGISTERING, ACCESSING, OR USING THE GENERAC EV CHARGING APPLICATION (THE "APP"), OR BY CLICKING "I AGREE" WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND AGREE TO ITS TERMS. PLEASE UNDERSTAND THAT GENERAC POWER SYSTEMS, INC. (THE "COMPANY") RESERVES THE RIGHT TO MODIFY THE TERMS OF THIS EULA IN ITS SOLE DISCRETION AT ANYTIME.

The App empowers the Company's electronic vehicle charger owners (hereinafter generally referred to as "Customers") to remotely control, monitor, and support their electronic vehicle chargers registered through the App (the "Chargers").

This EULA shall govern the use of the App and any emails, texts, or information generated by the Charger (the "Data"). The Data shall only be for the personal use of the individual entering into this EULA ("You" or "Your," as may be applicable). This usage contemplates You sharing or permitting access to the Data to those limited individuals You select and authorize to receive or access the Data to help control, monitor, and support Your Charger.

  1. Acknowledgements

Your use of the App and access to the Data is subject to this EULA and all applicable laws. By using the App and accessing the Data, you accept, without limitation or qualification, this EULA. If You do not accept or agree with the terms of this EULA, You may not use the App to control, monitor, and support Your Charger or use the associated Data. If You do agree, please be advised that doing so does not limit or constrain any right or protection afforded to the Company through any previously granted consent(s) provided by You to the Company.

You agree that any failure by the App to perform as expected shall be excused in all cases, including but not limited to a failure of a third party wireless or telecommunications provider serving a particular area, power failure, national emergency, interference by any governmental agency, acts of God, strikes, other labor disturbance, severe weather conditions, fire, terrorism, riots, war, earthquakes, or any other causes beyond the affected party's reasonable control.

  1. License

The technology that operates Your Charger and the App, and the Data through its use, including without limitation any content, graphics, processes and code, and all upgrades, updates, corrections, and enhancements thereto and all copyrights and other intellectual property related thereto are the sole property of the Company and/or its licensors or suppliers. The Company and/or its licensors or suppliers, if applicable, retain all right, title, and interest in and to such technology and intellectual property. The Company grants You a personal, non-commercial, non-exclusive, non-transferable, non-sublicenseable, terminable, and limited license to download, install, and use the App for Your personal, non-commercial use on a single device owned or otherwise controlled by You, and to usthe technology and wireless services embedded in Your Charger, the App, and the Data, subject to all of the conditions and limitations set forth in this EULA. The limited grant of license detailed above is also subject to all of the laws and regulations applicable to the use of the technology and wireless services embedded in Your Charger, the App, and the Data.

  1. Protecting Your Access

You shall be solely responsible for maintaining the confidentiality of Your login information, and protecting from damage, theft, hacking, or unauthorized use of any device to which Data is being sent to update You regarding Your Charger or from which You are accessing the App.

  1. Allowable Uses 

You may only use the App and the Data as set forth and authorized in this EULA. You are strictly prohibited from using the App or the Data in any manner not authorized by this EULA. Such prohibited activity includes but is not limited to: modification or distribution of the technology embedded in the Charger, the App, or the Data, or copying or distributing any of the same except for the express purpose of controlling and monitoring Your Charger or obtaining service for the same. You are strictly prohibited from (a) accessing the technology and code embedded in the Charger, the App, or the Data; (b) copying, reproducing, distributing, or in any manner duplicating any part or technology supporting the Charger, the App, or the Data, in whole or in part; (c) selling leasing, renting, licensing, sublicensing, distributing, assigning, transferring or otherwise granting any rights in the App or the Data; (d) modifying, porting, translating, or creating derivative works of the technology supporting the Charger, the App, or the Data; (e) decompiling, disassembling, reverse engineering or otherwise attempting to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms associated with the App or the Data; (f) removing any proprietary notices, labels, or marks from the App, the Data, or the messages relayed to You through the App or the Data; (g) using the App or the Data for purposes of comparison with or benchmarking against third parties' services; or (h) knowingly taking any action that would put the technology associated with the Charger or the App or the Data generated by the Charger into the public domain. Furthermore, by entering into this EULA, You are hereby prohibited from using the technology embedded in the Charger or the App or using the Data in any manner that could be construed as (a) harassing, abusing, threatening, intimidating, stalking, defaming, or in any way infringing or violating the rights of any other person, party, group of people, or group of parties; (b) being an unlawful, fraudulent or deceptive use of the same; (c) attempting to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer, application, hardware or telecommunications equipment; (d) attempting to gain unauthorized access to Company's computer network or any of Company's user accounts; or (e) encouraging conduct that would constitute a criminal offense, or that would give rise to civil liability through Your use, misuse, or abuse of the Charger, the App, the Data, and any related technology or wireless service. The Company may terminate Your access to the App, effective immediately (except where it is restricted or prohibited by law), for any reason, including, but not limited to, Company's conclusion that You have violated this EULA. 

  1.  Intellectual Property

The App and the Data generated through the App shall be considered the Company's or its licensor's or supplier's intellectual property and is protected unless otherwise noted and may not be used except as provided in this EULA without the express written permission of the Company. The Company names, logos, and all related product names, service names, design marks, and slogans displayed on the App are trademarks, service marks, or other intellectual property of the Company or its licensors and may not be used in any manner without the express written consent of the Company. Nothing on the App shall be construed as granting, by implication or otherwise, any license or right to use any intellectual property of the Company's or its licensors unless as expressly granted under this EULA. You do not acquire any ownership interest in the App under this EULA, or any other rights thereto, other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions set forth in this EULA. The Company and its licensors reserve and retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other related intellectual property rights, except as expressly granted to You in this EULA. Any failure to comply with the terms, conditions, and notices on this site shall result in automatic termination of any rights granted to You, without prior notice, and, upon such termination, You must immediately destroy all copies of downloaded materials in Your possession or control.

  1. Updates

The Company may, from time to time in its sole discretion, develop and provide updates to the App, which may include upgrades, improvements, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your device settings, when Your device is connected to the internet, either: (a) the App will automatically download and install all available Updates; or (b) You may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this EULA.

  1. Third-Party Materials

The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions. 

  1. Personal Identifiable Information

By using this App, you acknowledge and agree that the Company uses Wallbox USA, Inc ("Wallbox") as its licensor to provide the necessary hardware, software, networking, storage, and related technology required to operate the App. Additionally, you consent to Wallbox, as the manufacturer of the Charger, collecting and retaining certain personal data for the purpose of improving the Chargers and enhancing user experience, as well as general statistics about the use of the App.

This information may include not only usage data of the App, as well as technical information of any device linked to the user account, but also some identification data such as your registration email.

Any information collected and processed by Wallbox will be used only for the aforementioned purposes, and will not be shared or sold to any third party in any identifiable manner, unless it has a statutory and/or other regulatory obligation to provide information to Government Departments and Agencies.

  1. No Warranty

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE TIMELINESS OF THE DELIVERY OF THE APP OR THE DATA, OR THE ACCESSIBILITY OF THE APP OR THE DATA. THE APP AND THE DATA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ARISING FROM A COURSE OF DEALING, ACCURACY, USAGE OR TRADE PRACTICE. THE COMPANY SPECIFICALLY DOES NOT WARRANT AGAINST ANY INTERFERENCE THAT YOU MAY EXPERIENCE WITH YOUR USE AND ENJOYMENT OF THE CHARGER, THE APP, AND/OR ANY DATA ASSOCIATED WITH THE SAME. THE COMPANY DOES NOTWARRANTTHATTHE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE APP WILL MEET YOUR REQUIREMENTS; OR THAT THE SAME WILL BE ERROR-FREE; OR THAT THE COMPANY WILL CORRECT ANY DEFECTS IN THE APP OR DATA; OR THAT USE OF THE APP WILL NOT ADVERSELY AFFECT ANY DEVICE ON WHICH YOU USE THE APP; OR THAT IT WILL NOT MODIFY, CHANGE, OR RENDER YOUR CHARGER INACCESSIBLE OR UNUSABLE. YOU UTILIZE ANY DATA PROVIDED ON THE APP AND/OR ACCESS ANY SERVICES THROUGH THE APP AT YOUR SOLE RISK KNOWING THAT THE SAME MAY NOT BE ACCURATE. THE COMPANY HAS NO OBLIGATION TO PROVIDE ANY SUPPORT, INCLUDING CUSTOMER SUPPORT FOR THE APP, INCLUDING BUT NOT LIMITED TO TROUBLESHOOTING ANY NEGATIVE IMPACTS THE SAME MAY HAVE ON YOUR DEVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. No Insurance/Waiver of Subrogation

The Company is not providing to You or any of its Customers insurance of any kind. The risk of loss of Your real and personal property, as well as anyone else's property located in Your premises is born by You. Protecting against risk of loss with appropriate insurance coverage is always advisable. In the event of any loss, damage or injury, the Company shall have no liability. Your exclusive remedy for compensation is with Your insurer, and not the Company. You hereby release and waive for Yourself and Your insurer any and all subrogation and other rights to recover against the Company that might arise as a result of the payment of any claim for loss, damage, or injury by Your insurer. 

NEITHER THE COMPANY, WALLBOX, NOR COMPANY'S LICENSORS SHALL HAVE ANY LIABILITY FOR ANY CAUSES OF ACTION, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF (I) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, OR DEFECTS IN THE WIRELESS CARRIER FURNISHING WIRELESS SERVICE, (II) FAILURES OR DEFECTS IN THE WIRELESS NETWORK OR SYSTEMS,

(III) YOUR USE OF THE CHARGER, APP, OR DATA, OR (IV) YOUR DISABLING OF ANY EQUIPMENT.

NEITHER THE COMPANY, WALLBOX NOR COMPANY'S LICENSORS SHALL HAVE ANY LIABILITY FOR ANY INJURY TO PERSONS OR PROPERTY, LOSSES (INCLUDING ANY LOSS OF BUSINESS), DAMAGES, CLAIMS, OR DEMANDS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, USE OR INABILITY TO USE THE CHARGER, APP, OR DATA, RELIANCE BY ANY END USER OR CUSTOMER ON ANY DATA PROVIDED OR OBTAINED THROUGH USE OF THE APP, ANY INTERRUPTION, DEFECT, ERROR, VIRUS, OR DELAY IN OPERATION OR TRANSMISSION, ANY FAILURE TO TRANSMIT, OR ANY LOSS OF DATA ARISING OUT OF OR IN CONNECTION WITH THIS EULA.

NEITHER THE COMPANY, WALLBOX NOR COMPANY'S LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR DAMAGE TO DATA, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE YOUR CHARGER, THE APP, OR THE DATA.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, WALLBOX OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE CHARGER AND APP. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, Your computer equipment or other property on account of Your access to or use of Your Charger, the App, the Data or Your downloading of any materials, data, text, images, video, or audio from the App.

  1. Indemnification

You agree to indemnify, defend, and hold harmless the Company, Wallbox and Company's employees, agents, officers and directors, from and against any claims, damages, liabilities, costs, fines, penalties and expenses (including attorney and other professional fees and costs) arising out of or relating to (a) Your use or misuse of the Charger, App, or Data; (b) Your violation of this EULA or applicable law; (c) Your violation of any rights of a third party; or (d) any other negligent or intentional misconduct by You. The Company retains the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You are required to cooperate in asserting any available defenses.

  1. Termination

Either side may terminate this EULA. You may terminate this EULA by cancelling your subscription to the App. This EULA will automatically terminate without notice from the Company if You fail to comply with any terms of this EULA. Upon termination of the EULA, all rights granted to You under this EULA will terminate, and You shall cease all use of the App. You agree that the Company may terminate this EULA and cease to support the App at any time at the sole discretion of the Company. Termination will not affect rights for violation the EULA prior to termination or limit any of the Company's rights or remedies at law or in equity.

  1. Sale of Chargers

Please be advised that if You sell Your Charger, then the services provided through the App are not transferrable to the new owner of Your Charger.

  1. Contact Information

Should You need to contact the Company, the Company can be reached at 855-436-8439 (US) or 844- 843-9436 (Canada).

  1. Disconnecting/Removing Your Charger

To disconnect/remove Your Charger from the App, You can do so by logging on to your App, or You may contact us at 855-436-8439 (US) or 844-843-9436 (Canada).

  1. Consent to Electronic Communications

Although you are entitled to opt out of any advertising or marketing, You agree that the Company may contact You or provide You with any required notices, agreements, or other information concerning the status of Your Charger and the availability of the App or Data by email or other electronic means. You also agree that the Company may send automated emails with alerts regarding severe problems with the App that may impact the timeliness of notices provided regarding the status of Your Charger.

The Company may send push notifications regarding status changes for Your Charger.

  1. Privacy Statement

The Company respects Your privacy. You acknowledge that when You download, install, or use the App, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about Your device and Your use of the App. You also may be required to provide certain information about Yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with the App is subject to the Generac Power Systems, Inc. Privacy Statement, available in the App and online at https://www.generac.com/privacy-policy. By downloading, installing, using, and providing information to or through the App, You consent to all actions taken by us with respect to Your information in compliance with the Generac Power Systems, Inc. Privacy Statement.

  1. No Export

You shall not export, sell, or otherwise release or dispose of the Charger, the App, or Data to any country not approved for export or to any person or entity You know, or should know, will result, directly or indirectly, in disposition of the App or Data contrary to U.S. Export Administrative Regulations (15 CFR parts 730-774) and/or Office of Foreign Assets Control (31 CFR 500-597) implemented pursuant to the Trading with the Enemy Act, (SO USC 1-44) and the International Emergency Economic Powers Act (SO USC 1701-1706).

  1. Preventive and corrective Actions

Through the App, You can allow preventative and corrective assistance for Your Chargers, from the Company (and its partners and providers), by activating such option in the App with the following (together the "Actions"):

  • Reset: request that the Company remotely turn the Chargers on and
  • Restore: remote deconfiguration ofthe Chargers to the same state as the factory
  • Unlink: remotely remove all the linked users of a Charger to allow a new user to link and associate the Charger to its account.
  • Update SW: update the Charger to the last available
  • Lock /Unlock: Remotely lock or unlock the
  • Start/ Stop: Start a new charging session or stop the ongoing charging session.
  • Delete: Delete any of the schedules set by

You expressly accept, as long as it is activated in the App, preventative and corrective Actions may be carried out at any time by the Company (and its partners and providers), as long as, your Charger is considered to be affected by a known error or failure as determined at sole discretion of the Company. This shall apply, at any moment, during the period in which You have activated the allowance of Actions through the App and shall last until its deactivation.

The Company operates and services the Chargers, the App and/or any of their components and/or elements, with the assistance of its authorized partners, which shall have access to Your personal data when You share it with the Company and may perform some or all of the Actions, when such services have been subcontracted by the Company.

  1. Governing Law, Venue, and Jurisdiction

This EULA shall be governed and interpreted in accordance with the laws of the State of Wisconsin, without reference to its conflict of laws or other rules that would require the application of the laws of another jurisdiction. You hereby submit to personal jurisdiction exclusively in the state and federal courts of Wisconsin, and waive all objections to a Wisconsin venue.

  1. Entire Agreement 

This EULA constitutes the entire agreement and understanding between the Company and You regarding the matters set forth in this EULA. This EULA supersedes any previous written or oral agreements between us. You hereby agree that the Company has not made any inducements, commitments, conditions, representations or warranties of any kind to You whether direct, indirect, collateral, express or implied, oral or written other than what has been set forth in this EULA.

  1. No Waiver

Any forbearance or delay on the part of the Company in enforcing any rights under this EULA shall not be construed as a waiver of such rights. Any grant of a waiver in one instance shall not be construed as a continuing waiver in all similar instances. No provision of this EULA shall be considered waived unless expressly waived in writing, signed by the party against whom enforcement of such provision is sought.

  1. Severability

If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this EULA shall remain in full force and effect. Moreover, the parties agree that the invalid, illegal, or unenforceable provision shall be enforced to the maximum extent permitted by law in accordance with the intention of the parties as expressed by such provision.

  1. Miscellaneous

 The Company reserves the right to modify, terminate or otherwise amend this EULA without notice. The current version of the EULA will be available online at Generac.com. Changes to these EULA become effective on the date when the updated EULA is published, as shown above. Your continued use of the App or the Data hereby constitutes Your agreement to be bound by any revisions to the EULA. You further acknowledge that any breach or threatened breach of this EULA by You will cause irreparable harm to the Company for which damages would not be an adequate remedy. Therefore, in addition to all other rights and remedies available at law to the Company, the Company shall further be entitled to see immediate equitable relief which shall include but not be limited to injunctive relief as appropriate. Should the Company seek equitable remedies, it shall not be precluded or prevented from seeking all available remedies at law, nor shall the request of injunctive relief be deemed an election of remedies.