END USER LICENSE AGREEMENT

Last Revised: March 24, 2026

Welcome

Thank you for your interest in our services. We, Generac Power Systems, Inc. (together with its affiliates or its subsidiaries collectively, “Generac,” “Company,” “we”, “us,” or “our”), provide a variety of products, mobile apps and services, including those outlined in Section 3 below (“Services”), and this End User License Agreement (EULA) and the Terms and Service, as applicable, available at https://cdn.mbl.link/documents/ml-terms-and-conditions.html or https://www.ecobee.com/en-ca/privacy-policy/#Privacy-Notice-and-Legal or (collectively, the “Agreement”) will cover your use of the Services. (collectively, the “Agreement”) will cover your use of the Services.

Definitions. For the purpose of this EULA, the following terms shall have the meanings hereinafter provided:

Aggregated Statistics mean data and information related to use of the App that is used by Company in an aggregate or anonymized manner, including to compile statistical and performance information related to the provision and operation of the App.
Error means any program defect, error, bug or other failure of all or part of the Software that results in the Software not conforming to, or performing in accordance with, its published specifications. “Software” means ecobee’s computer software program, which enables data upload and download to and from the ecobee Remote Applications using an ecobee Product, including any Software Updates.
Products means any equipment provided by Generac or ecobee that is associated with the Services.
Purchased Products mean the Products you purchased associated with the Services.
Services mean your use of:

Mobile Link™ (“App”) device; to access and use of MobileLinkGen.com™ (“App Site”); access and use of any mobile the Company provides to interact with the Products; and any Data).
eco+ to optimize your homes energy efficiency (Humidity, Smart Home and Away, Schedule Assistant), the available Time of Use rate structure of your utility provider and any Community Energy Savings Programs (as defined in the Terms of Service located at https://www.ecobee.com/en-us/privacy-policy/ that your utility provider (“Utility”), Regional Transmission Organization, Independent System Operator, state agency, or third-party partners or implementors of such programs may issue (with your Utility, individually or collectively, “Program Administrators”).

Software means any proprietary software or technology embedded in the Services.
Updates means any updates, bug fixes, patches, or other error corrections to the App or Software, including updates intended to correct Errors and which may include graphical updates, enhancements and/or additional features to the Software, as may be provided or released by ecobee from time to time to all of its customers at no charge.
User Manual means, as applicable, any Company User Manual provided together with the Product and Software.

Accepting Our Terms

This EULA is a binding legal agreement between us and you.

BY CREATING AN ACCOUNT, ACCESSING OR USING THE APP, OR BY CLICKING THE “ACCEPT” BUTTON, YOU CONFIRM THAT YOU: (I) ACCEPT THE TERMS IN THIS EULA; (II) AGREE TO BE LEGALLY BOUND BY THIS EULA; AND (III) ARE RESPONSIBLE FOR ANY USE OF SERVICES BY INDIVIDUALS WHO YOU ALLOW TO USE THE SERVICES (“COVERED PARTIES”).

We may sometimes need to change this EULA, for example, to reflect changes in the law or changes to the Services themselves. We will let you know of any changes by posting the updated Terms on our website. If we think the changes are material, we may send a notification to the email address linked to your account or notify you appropriately through Services before the updated Terms become effective, except for changes addressing new Services or legally required changes which will be effective immediately. If you do not agree to the changes, you may stop using our Services and delete your account.

Scope of the Terms.This EULA govern the Services. If you do not agree with the terms in this EULA, you may not receive Data from the App or use the Services to monitor you’re the App or use the associated Data. If You do agree, and check “I Agree” at the end of this EULA, 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.
Overview of Services. The Company provides the “Services”. These Services allow you, as an owner of the Company Products, to remotely monitor and manage your generators using connected devices such as smartphones, tablets, or computers or optimize your homes energy efficiency (Humidity, Smart Home and Away, Schedule Assistant), the available Time of Use rate structure of your utility provider and any Community Energy Savings Programs (as defined in the Terms of Service located at https://www.ecobee.com/en-us/privacy-policy/ that your utility provider (“Utility”), Regional Transmission Organization, Independent System Operator, state agency, or third-party partners or implementors of such programs may issue (with your Utility, individually or collectively, “Program Administrators”).
Eligibility to Enter This EULA. The Services are not directed to children. Because privacy and consumerprotection laws impose different minimum ages for using digital services without parental involvement, the following rules apply:

United States. If you are under 13 (“Minor”), you may not use the Services. If you are 13-17, (each, a “Minor” collectively will be referred to as each “a Minor”) you may only use the Services if your parent or legal guardian:

reviews and agrees to this EULA on your behalf;
supervises the Minor's use of the Services;
assumes all risks associated with the Minor's use of the Services,
assumes any liability resulting from the Minor's use of the Services,
ensures the accuracy and truthfulness of all information submitted by the Minor; and
assumes responsibility and are bound by this EULA for the Minor's access and use of the Services.

Canada (including Quebec Law 25). If you are under 14 (“Minor”), you may only use the Services if your parent or legal guardian provides express consent for the collection and use of your personal information.For users
14–17 (each a “Minor”), consent may be provided by you or your parent/guardian. We may require confirmation from a parent/guardian if sensitive information is involved.

If you become aware that a Minor is using the App without the necessary permissions, please contact us immediately.

Ownership; Reservation of Rights

The technology or, as applicable, Software that operates the Apps, Services, Data, 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, and the Company and/or its licensors or suppliers, if applicable, retain all right, title and interest in and to any App(s) or applications accessing the same, Service and Data technology and intellectual property.

You do not acquire any ownership interest in the App under this EULA, or any other rights to the App other than to use the App in accordance with the license granted under this EULA, subject to all terms, conditions, and restrictions. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App and all intellectual property rights arising out of or relating to the App, subject to the licenses expressly granted. The App and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Any use of the App not expressly permitted by this EULA is a breach of this EULA and may violate copyright, trademark, and other laws. Company reserves all rights not expressly granted by this EULA. You shall safeguard all App (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access.

The trademarks, service marks, and logos of Company used and displayed on various parts of the App are registered and unregistered trademarks or service marks of Company. Other company, product, and service names located on our platforms may be trademarks or service marks owned by others (collectively with our trademarks or service marks, the “Trademarks”). Nothing in this EULA should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of our Trademarks inures to our benefit.

Limited License Grant

Company grants you a limited, personal, non-exclusive, non-commercial non-transferable, non-sublicensable, revocable license to use our App, App Site, Services, or any related embedded technology and wireless services as well as the Data, subject to all of the conditions and limitations set forth in this EULA. All references to our Services include all related content and any other materials used to implement and provide access to our Services, including updates, upgrades, enhancements, modifications, revisions, or additions to our Services we make available to you. The limited grant of license detailed above is also subject to all of the laws and regulations applicable to the use of the App, App Site, the technology and wireless services embedded in the App, App Site, and the Data.

You acknowledge and agree that our Services belong to us and our partners, and are protected under applicable copyright, trademark, trade secret, patent, and other intellectual property laws and treaties. This EULA does not grant you any ownership interest in or to our Services, but only a limited right of use that can be revoked according to this EULA. The availability and features of our Services may vary depending on where you live, which device you are using, or which software or operating system version you have.

The App and App Site are always evolving, and the form and nature of the App and App Site may change from time to time without prior notice to you. In addition, Company may stop (permanently or temporarily) providing the App and App Site, (or any features within the App or App Site) to you or to users generally and may not be able to provide you with prior notice. Generac also retains the right to create limits on use and storage at its sole discretion at any time without prior notice to you.

Account.You may need to access an existing account, or create an account after downloading the App. By creating an account, you expressly agree to:

provide accurate and complete information when you create your account.
safeguard your username, password, and other account or login information confidential.
supervise and be responsible for the use of your account.
contact Company and promptly change your login information if you believe that an unauthorized person has access to your account or login information. We encourage you to use strong passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account and with other accounts that you may connect to your Company account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
obtain and maintain all equipment and services needed for you to access and use the App.
Maintain the confidentiality of your App login information, and protecting from damage, theft or hacking any computer, laptop, tablet, cell phone or smartphone to which Data is being sent to update you regarding your generator and/or from which you are accessing Services.
comply with this EULA and the terms of any applicable ancillary agreement when you access and use the App, and you are responsible and liable for all uses of the App through access thereto provided by you, directly or indirectly.

You can delete your Company Account at any time by via the App, App Site, through the Contact Us methods below.

Unless expressly permitted in writing by Company, you may not sell, rent, lease, share, or provide access to your account to anyone else. Should you believe your login information or security for the App has been breached in any way, you must immediately notify Company.

Permitted Uses. You may only use (a) the App, App Site, Services, Data, or the Software embedded in the Product as outlined and authorized in this EULA for the purposes of using the Product only as intended and contemplated by any associated User Manual, provided that the App, App Site, Services, Data, or the Software may only be used for its personal and private use in connection with the use of the Product; and (b) use the User Manual, as applicable, provided by Company solely as is necessary to operate and use the App, App Site, Services, Data, or the Software and Company Product as and to the extent permitted thereunder and under this EULA.
Use Restrictions. You may only use the App, App Site, Software, Data, and Services for lawful purposes and in accordance with this EULA. You may not, directly or indirectly, do any of the following:

License Misuse.

Use the App beyond the scope of the license granted to you.
Share, sell, rent, lease, lend, sublicense, publish, or otherwise make the App available to another person or entity.
Use the App on behalf of, or for the benefit of, any third party unless we give written permission.

Modifications, Reverse Engineering & Derivative Works.

Modify, translate, adapt, or create derivative works or improvements based on the App.
Reverse engineer, decompile, disassemble, decode, copy, or try to access the source code, internal logic, models, or algorithms (including AI/ML models).
Combine or integrate the App with other software or systems unless we approve it in writing.

Intellectual Property Protection

Remove, obscure, or alter any copyright, trademark, patent, proprietary, or other rights notices.
Use the App or its Data in any way that infringes or violates the rights of others (including privacy, publicity, or intellectual property rights).
Attempt to place any part of the App or its technology in the public domain.

Security Violations & Unauthorized Access

Access, probe, scan, or test the App, Company systems, or provider systems in ways not intended for customer use.
Circumvent or disable security, encryption, copyprotection, authentication, ratelimits, or other technical safeguards.
Attempt to gain unauthorized access to accounts, systems, data, or networks.
Introduce malware, viruses, harmful code, or use the App to damage, overload, interfere with, or disrupt any system or network.

Automated Tools, Scraping & Data Harvesting

Use bots, spiders, scrapers, datamining tools, or automated systems to access the App.
Collect information about users or systems without lawful consent.
Access the App through any means other than the interfaces we provide.

Competitive Use & Harmful Conduct

Use the App for benchmarking, competitive analysis, or to build or improve a competing product or service.
Interfere with or disrupt the App, other users, or related systems.
Use the App in any way that harms or could reasonably be expected to harm the Company or our users.

Unlawful, Abusive, or Inappropriate Content. Upload, send, or share any content that is

unlawful, harmful, harassing, threatening, obscene, defamatory, or deceptive;
violent, hateful, discriminatory, or extremist;
pornographic or sexually explicit;
harmful to minors; or
intended to mislead, scam, impersonate, or defraud.
You may not:
forge headers or sourceidentifying information,
send unsolicited advertising, spam, chain letters, or similar communications, or
impersonate the Company, our employees, another user, or any third party.

Privacy & Data Protection Violations

Access data not intended for you.
Intercept communications not addressed to you.
Collect personal information about others without lawful consent.
Violate privacy, dataprotection, cybersecurity, exportcontrol, or other applicable laws.

AI Output Usage Restrictions.If the App includes features that generate automated or AIassisted insights, alerts, summaries, or other information (“AI Output”),

Treat AI Output as legal, medical, safety, engineering, or emergency advice. Always verify important information before acting on it.
Substitute AI Output for your own judgment.
Use the App, its Data, or AI Output to build, train, test, or improve another AI system or model.
Use AI Output to create or enhance competing products or services or to reverseengineer how our systems’ or models’ function.
Misuse AI Output to break the law, target, harm, or discriminate against anyone, create misleading or harmful content, or invade someone’s privacy.
Derive or reconstruct our underlying systems, code, models, datasets, or algorithms from AI Output.
Use AI Output to identify individuals, infer sensitive attributes, or collect personal data without consent.
Use AI Output in any way that violates laws, infringes rights, or creates risks for others.

Security Features.Attempt to bypass, disable, or interfere with these protections.

If you violate the terms in this EULA, we may: (a) suspend or terminate your account or access to the App; (b) notify or cooperate with law enforcement; and (c) pursue any remedy available under the law. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY COMPANY OR LAW ENFORCEMENT AUTHORITIES.

User-Provided Content

If at any time during the term of this EULA, an App permits you to upload or submit information, images, video, data, text, messages, or other materials (each, a “User Submission”), you agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Because of this, we ask that you do not submit information to Company that you intend to keep confidential. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you represent, warrant and covenant that:

You own all rights in your User Submission (including, without limitation, all rights to the reproduction and display of your User Submission) or, alternatively, you have acquired all necessary rights in your User Submission to enable you to grant to us the rights in your User Submission as described in this EULA;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submission;
Your User Submission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
Any information contained in your User Submissions is not known by you to be false, inaccurate, or misleading;
Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By providing User Submissions, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
Use (and permit others to use) your User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submissions or any modification thereto, in whole or in part, into any technology, product, or service); and
Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

Company may, but are not obligated to, pre-screen User Submissions or monitor any area of the App through which User Submissions may be submitted. Company is not required to host, display, or distribute any User Submissions on or through the App and may remove at any time or refuse, disallow or block any User Submissions for any reason. Company is not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, Company agrees that Company may freely disclose your User Submissions to any third party absent any obligation of confidence on the part of the recipient.

Privacy

Please review the Company Privacy Notice available, as applicable, at https://www.generac.com/policies/privacy/ for Generac or https://www.ecobee.com/en-us/privacy-policy/ for ecobee (collectively, the “Privacy Notice”) which are incorporated into this EULA by reference, to understand how we collect, use, and disclose your personal information gathered through the use of the App, App Site, Data or Services. As a supplement to the applicable Company Privacy Notice, Company may:

use such information for any purpose related to any use of the App by you, including but not limited to, improving the performance of the App or developing updates, and verifying compliance with this EULA and enforcing Company’s rights, including all intellectual property rights in and to the App.
collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as IMEI (your device's unique identification number), device number, model name, customer code, access recording, your device's current software version, MCC (Mobile Country Code), and MNC (Mobile Network Code) to provide Updates or improve Company Products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
provide certain Services that rely upon login credentials and location information, such as your account information, device’s GPS signal or information about nearby Wi-Fi access points and cell towers that may be transmitted to us, with your consent, when you use such location-enabled services.
directly or indirectly through the services of others, collect and store information regarding use of the App and about equipment on which the App is installed or through which it otherwise is accessed and used, including by means of (i) providing maintenance and support services and (ii) security measures included in the App as described in the applicable Company Privacy Notice. You agree that Company may use such information for any purpose related to any use of the App by you, including but not limited to, improving the performance of the App or developing updates, and verifying compliance with this EULA and enforcing Company’s rights, including all intellectual property rights in and to the App.
monitor, notwithstanding anything to the contrary in this EULA, your use of the App and collect and compile Aggregated Statistics. As between Company and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Company. You acknowledge that Company may compile Aggregated Statistics based on information input into the App. You agree that Company may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you.

Company also uses third-party web and app analytics services on Company websites and mobile apps. Some of these services use automated technologies to collect and analyze information, including personal information (such as email, device identifier, and IP addresses) to understand how you use Company websites and mobile apps. Web and app analytics services help us improve features, evaluate the effectiveness of our marketing, and, ultimately, optimize the customer experience. To learn more about these analytics services, please see the applicable Cookie Notice available at https://www.generac.com/policies/cookie/ or within the Cookie and Privacy Preference Center settings at the bottom of https://www.ecobee.com/en-ca/privacy-policy/#Privacy-Notice-and-Legal. To make a selection regarding web and app analytics cookies placed by third parties and personalized advertising by third parties, please visit the applicable Cookie Settings Manager at the bottom of, as applicable, www.generac.com or www.ecobee.com to set your preferences.

Artificial Intelligence and Machine Learning Services. Company may, at its own discretion, make available offerings that utilize artificial intelligence, computer vision, machine learning, or similar technologies (“AI Technologies”), such as: manage your home including thermostat controls and schedule optimization, energy monitoring and reporting, system management, security system control, smart video descriptions and camera event retrieval; real-time comfort suggestions; predictive storm preparation guidance; and troubleshooting and diagnostics assistance. All AI features will be opt in and allow for opt out with deletion of content. These AI Technologies, which may not be available for certain Products, are optional and will only be activated if you affirmatively optin to the feature within the App settings. You may optout at any time, and if you do so, the AI features will be disabled. When you enable AI Technologies, certain interactions (e.g., requests made to an AI assistant or other userinitiated inputs) may be temporarily processed to provide the feature. These interactions are stored only for as long as necessary to provide the AI functionality and maintain service performance and will be deleted if you optout or disable the AI feature, except where a longer retention period is required by law or permitted for security, fraudprevention, or troubleshooting. Unless expressly disclosed in the applicable Privacy Notice and permitted by law, your interactions with AI Technologies will not be used to train, build, or improve any generalized or thirdparty AI models, and will only be used to support the operation, safety, and improvement of the specific AI feature you have enabled.

AI Technologies may occasionally generate incorrect, incomplete, outdated, or unreliable information. Company does not guarantee the accuracy, reliability, availability, or completeness of any AIgenerated outputs. You should independently verify any information generated by AI Technologies before relying on it, especially if it relates to safety, emergency conditions, system performance, or actions affecting your home or devices.

User Communications; Electronic Communications Consent. When you use the App, submit a request for help, send an email to us, create an account, or otherwise communicate with us electronically from your desktop or mobile device, you:

expressly consent to the use of electronic signatures, electronic receipt of records and notices, and electronic communication by Company, its affiliates, or its third-party service providers. This includes, but is not limited to, posting notices on the App or responding to your email.
agree Company may contact you or provide you with any required notices, agreements, or other information concerning the availability of the Data and/or Services by e-mail or other electronic means.
agree that all agreements, notices, disclosures, or other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing. Company reserves the right, in its sole discretion, to communicate with you in paper form.
agree that the Company may contact You or provide You with any required notices, agreements, or other information concerning the availability of the Data and/or Services by e-mail or other electronic means.
agree that the Company may send automated e-mails with alerts regarding severe problems with the Services that may impact the timeliness of notices provided regarding the status of your generator.

You are entitled to opt out of any advertising or marketing via the details in Contact Us below.

Changes; Updates. Company reserves the right to:

change the App, App Site, Software and/or choose to modify, suspend, or discontinue any part or all of the App, App Site, or Software at any time and without notifying you or
develop and provide Updates for the App in its sole discretion but has no obligation to develop any Updates at all or for particular issues.

Any and all Updates will be deemed part of the App, subject to this EULA. Based on your device settings, the App may automatically download and install available Updates, or 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.

Updates do not include any new version or new release of the App that Company may issue as a separate or new product, and Company may determine whether any issuance qualifies as a new version, new release, or Update in its sole discretion.

To the extent Company provides an Update, Company has no obligation to provide Updates:

for any but the most current version or release of the App;
for any App for which all previously issued Updates have not been installed;
if you are in breach under this EULA; or
for any App that has been modified other than by or with the authorization of Company, or that is being used with any hardware, software, configuration, or operating system expressly authorized by Company in writing.

Feedback.If you provide the Company with any comments, suggestions, ideas, proposals, or other feedback relating to the Products or Services (“Feedback”), you acknowledge and agree that:

Voluntary & Non-Confidential. All Feedback is provided voluntarily, and, unless otherwise agreed in a separate written nondisclosure agreement executed between the parties, the Company will treat Feedback as nonconfidential and nonproprietary.
Exclusion for Customer Confidential Information. Feedback does not include your personal information or any content provided through normal use of the Products or Services. Confidential Information remains subject to the confidentiality obligations in this EULA and Terms of Service, and personal information remains governed by the applicable Privacy Notice or, as applicable, Data Processing Agreement.
IP Assignment / License. To the fullest extent permitted by law:

You hereby assign to the Company all right, title, and interest in and to any intellectual property rights in the Feedback.
If an assignment is not permitted by applicable law, you grant the Company a perpetual, irrevocable, worldwide, royaltyfree, fully paidup, transferable, and sublicensable license to use, copy, modify, distribute, commercialize, and otherwise exploit the Feedback for any lawful business purpose.

Use of Feedback for Product and AI Improvements. The Company may use Feedback to develop, improve, support, and operate its products, services, analytics, and—where applicable—machinelearning or AIenabled features. Such use will not identify Customer or any Authorized User unless permitted under a separate written agreement.
No Compensation or Obligations. You understand that:

the Company is not required to use or act on any Feedback,
you are not entitled to any compensation, credit, or attribution, and
you waive any claim relating to the Company’s use or nonuse of the Feedback.

Representations. You represent and warrant that you have the necessary rights and authority to provide the Feedback and that providing it does not violate any thirdparty rights or obligations.

Subscription Terms. Your subscription will auto-renew at the rate mentioned above at the end of each term (monthly or annually) until you decide to cancel your subscription. If you decide to cancel, you can do so by going into the subscription section of your App page. You will be charged until the end of that term; Company does not offer pro-rated credits.
Selling Your App Device Or The Purchased Product Associated With The App Device. If you sell your App device, then the Services provided through the App Site are not transferrable to the new owner of your App device.
Disconnecting Your Service.To disconnect your service, you can manage by logging on to your App account and going to the subscription section of your Product or you may contact us as outlined in Contact Us below. If you decide to cancel, you can do so by going into the subscription section of your App page. You will be charged until the end of that term; we do not offer pro-rated credits.
No Warranty; Disclaimers

THE APP IS AVAILABLE “AS-IS”. Your access to and use of the App is at your own risk. You understand and agree that the App is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing and except as prohibited by law, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
The COMPANY makeS no warranty and disclaim all responsibility and liability for: (i) any actions of COMPANY USERS or contributors; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the App; (iii) any harm to your computer system, loss of data, or other HARM that results from your access to or use of the App, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the App; (v) whether the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the App; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the App. No advice or information, whether oral or written, obtained from the COMPANY or through the App, will create any warranty not expressly made herein.

No Guaranty (Limitations of Liability)

THE COMPANY SHALL HAVE NO LIABILITY TO YOU IF CHANGES IN THE WIRELESS SERVICE OR IN THE VERIZON WIRELESS NETWORK, SYSTEMS, OPERATIONS, EQUIPMENT, POLICIES OR PROCEDURES SUPPORTING YOUR Mobile Link™ DEVICE RENDER OBSOLETE OR OUTDATED ANY EQUIPMENT, HARDWARE, DEVICES OR SOFTWARE PROVIDED BY THE COMPANY TO YOU IN CONJUNCTION WITH YOUR USE OF THE SERVICE.
THE COMPANY SHALL HAVE NO LIABILITY FOR ANY CAUSES OF ACTION, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF (I) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, OR DEFECTS IN VERIZON WIRELESS FURNISHING WIRELESS SERVICE, (II) FAILURES OR DEFECTS IN THE VERIZON WIRELESS NETWORK OR SYSTEMS, (III) USE OF THE APP DEVICE OR THE SERVICE OR (IV) ANY DISABLING OF EQUIPMENT BY YOU.
THE COMPANY SHALL HAVE NO 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 WIRELESS SERVICE OR EQUIPMENT, RELIANCE BY ANY END USER OR CUSTOMER ON ANY DATA PROVIDED OR OBTAINED THROUGH USE OF THE SERVICES, WIRELESS SERVICE OR EQUIPMENT, 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 AGREEMENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR LOSSES, DAMAGES, CLAIMS OR EXPENSES OF ANY KIND ARISING OUT OF THE USE OR ATTEMPTED USE OF, OR THE INABILITY TO ACCESS, LIFE SUPPORT OR MONITORING SYSTEMS OR DEVICES, 911 OR E911, OR OTHER EMERGENCY NUMBERS OR SERVICES.
THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OR REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMAITON PRESENTED, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE YOUR APP DEVICE, APP SITE, THE DATA AND/OR THE SERVICE. Some jurisdictions do not allow the exclusion of consequential damages, so the above exclusion 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, use of, the Data or Services, or of browsing the APP Site or your downloading of any materials, data, text, images, video, or audio from the App Site.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED $100.00.

Indemnification. To the extent not prohibited by law, you expressly agree to indemnify, defend, and hold harmless the Company and its 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 your App device, App Site and/or the Data and/or Services; (b) your violation of this EULA Terms 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.
Outside Sources; Links. The App may contain links to third-party software or resources. You acknowledge and agree that Company is not responsible or liable for: (a) the availability or accuracy of such third-party software or resources; or (b) the content, products, or software on or available from such third-party software or resources. Links to such third-party software or resources do not imply any endorsement by the Company of such third-party software or resources or the content, products, or software available from such third-party software or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party software or resources.
Export Regulations. We control and operate the App from our headquarters in the United States of America and the entirety of the App may not be appropriate or available for use in other locations. You shall not, directly or indirectly, export, re-export, release, sell or otherwise dispose of any App device, App or Data to, or make the App accessible from, any jurisdiction or 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 device, 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, (50 USC 1-44) and the International Emergency Economic Powers Act (50 USC 1701-1706). If you use the App (or any portion thereof) outside the United States of America, you are solely responsible for following applicable local laws. The App may be subject to United States export control laws, including the US Export Administration Act and its associated regulations. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the United States.
Term and Termination

This EULA is effective until and unless terminated.

Either side may terminate this EULA. You may terminate this EULA by cancelling your subscription to the Service provided by the App Site.

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, You shall cease all use of the App and App Site to obtain or access Services and/or Data, and cease using any App(s) associated with them upon termination of this EULA. You agree that the Company may terminate this EULA and cease to support the App and App Site at any time at the sole discretion of the Company.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (" credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. Company may suspend or terminate your accounts or cease providing you with all or part of the App at any time for any reason or no reason, including, but not limited to, if it reasonably believes: (a) you have violated this EULA; (b) you create risk or possible legal exposure for Company; (c) you have failed to maintain your account in good standing; or (d) provision of the App to you is no longer commercially viable. Company will make reasonable efforts to notify you through the App or the email address associated with your account the next time you attempt to access your account. In all such cases, this EULA shall terminate, including, without limitation, your license to use the App, except those Sections you would expect to survive termination. Nothing in this Section shall affect Company’s rights to change, limit or cease the provision of the App at any time without prior notice.
Support; Contact Us.

Should you have questions or need to contact the Company for Generac Power Systems, Inc. Products, please:

reached at 855-436-8439 (US) or 844-843- 9436 (Canada).
send notices by care of e-mail to: legal@generac.com (or) by mailing address via S45W29290 WI-59, Waukesha, WI 53189.

Should you have questions or need to contact the Company for ecobee Products, ecobee may in its discretion, without any obligation to do so and subject to the limitations of this EULA, provide you with help-desk telephone support concerning your use of the Software to the extent provided for in the Product Terms of Sale in connection with purchase and sale of the ecobee Product and Terms of Service entered into by you and ecobee, if any, in connection with the ecobee Services provided in connection with the Product. Refer to the Terms of Service associated with the Product and related services for further details on Software and Product support. Please send any notices by care of e-mail to: legal@ecobee.com (or) by our Mailing Address: ecobee. 207 Queens Quay W, Suite 600, Toronto ON, M5J 1A7, Canada.

General Terms

Waiver and Severability. The failure of Company to enforce any right or provision of this EULA will not be deemed a waiver of such right or provision. In the event that any provision of this EULA is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this EULA will remain in full force and effect.
Force Majure. In no event shall you or Company be liable to each other, or be deemed to have breached this EULA, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control, including but not limited to: (i) acts of God; (ii) flood, fire, earthquake, or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) government order, law, or actions; (v) embargoes or blockades in effect on or after the date of this EULA; (vi) national or regional emergency; (vii) strikes, labor stoppages or slowdowns, or other industrial disturbances; or (viii) shortage of adequate power or transportation facilities.
Interpretation. Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in this EULA are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
English Language. The parties declare that they have required that this agreement and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afférents, soit pour le présent ou le futur, soient rédigés en langue anglaise seulement.
Applicable Law, Venue and Jurisdiction.

For Generac Power Systems Products: This EULA and any action related thereto will be governed by the laws of the tate of Wisconsin without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the App will be brought solely in the federal or state courts located in Milwaukee County, Wisconsin, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Company related to your use of the App on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
For ecobee Products: This EULA shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada. For the purpose of all legal proceedings this EULA shall be deemed to have been performed in the Province of Ontario, Canada and the parties expressly confirm that the law of the Province of Ontario is the proper law. If Customer is located in a jurisdiction other than Canada, the parties agree that neither the United Nations Convention of the International Sale of Goods or the (U.S.) Uniform Computer Information Transactions Act shall apply to this EULA. The parties irrevocably attorn to the nonexclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder.

Entire Agreement. This EULA, the applicable Company Privacy Notice, applicable Terms of Service (together Annexes, Schedules, and Exhibits attached hereto and all other documents that are incorporated by reference herein, constitute the entire and exclusive agreement) between Company and you regarding the App (excluding any service for which you have a separate agreement with Company that is explicitly in addition or in place of this EULA Terms), and this EULA shall supersede and replace any prior agreements between Company and you regarding the App, but for the applicable Terms of Service that shall be read in conjunction with this EULA.

To the extent there is any conflict between this EULA and the Terms of Service, this EULA shall prevail. 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. Company may revise this EULA, the Terms of Service, and the Company Privacy Notice from time to time.

The most current version of the Terms of Service will be located in the applicable App or at, as applicable, available at https://cdn.mbl.link/documents/ml-terms-and-conditions.html or https://www.ecobee.com/en-ca/privacy-policy and the most current version of the Privacy Notice will be available, as applicable, at https://www.generac.com/policies/privacy/ or https://www.ecobee.com/en-ca/privacy-policy/#Privacy-Notice-and-Legal If any revision, in Company’s sole discretion, is material, we will notify you via email to the email associated with your account or through the App. If you object to any such revisions, your sole recourse shall be to cease using the App. Your continued access or use the App after those revisions become effective means you accept such revisions and agree to abide and be bound by the most recent version of this EULA, the applicable Terms of Service, and the applicable Privacy Notice.