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TERMS OF SERVICE

Last Updated March 24 2026

These Terms of Service (“Terms”), together with any documents they expressly incorporate by reference, govern your access to and use of the mobile application (“App”) referenced below and associated website (“App Site” or “Site”) provided by Generac Power Systems, Inc. (together with its affiliates or its subsidiaries, including ecobee Technologies ULC, collectively, “Company,” “we”, “us,” or “our”) to you (“you” or “your”) for use pursuant to and subject to an end user license agreement (“End User License Agreement” or “EULA”) between Company and you or, as applicable, your employer (“Licensee”, “You”, or “Your” ), whether such license was granted directly from Company or through a third-party. Your access to and use of the App and Site is conditioned on your acceptance of and compliance with these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE APP. BY REGISTERING, ACCESSING, OR USING THE APP AND SITE, OR BY CLICKING THE “ACCEPT” BUTTON, YOU: (i) REPRESENT THAT YOU ARE THE LICENSEE OR YOU ARE DULY AUTHORIZED BY LICENSEE TO ACCESS AND USE THE APP AND SITE; AND (ii) ACCEPT THESE TERMS OF SERVICE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT REGISTER, ACCESS, OR USE THE APP AND SITE, AND DO NOT CLICK THE “ACCEPT” BUTTON, AND YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE APP.

You agree that by accepting these Terms and accessing or using the App and Site you are entering a legally binding agreement with Company based on these Terms, the EULA, and the privacy notice located, as applicable, available at https://www.generac.com/privacy-policy/ for Generac or https://www.ecobee.com/en-us/privacy-policy/ for ecobee (collectively, the “Privacy Notice”), which is incorporated into these Terms by reference.

  1. Definitions. For the purpose of these Terms, the following terms shall have the meanings hereinafter provided:
    1. Aggregated Statistics mean data and information related to use of the Site 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 Site.
    2. App means MobileLink or ecobee, as applicable
    3. App Site, Site, or Web Portal means the Mobile Link™, app.mobilelinkgen.com, ecobee, https://www.ecobee.com/consumerportal
    4. Data means any alerts, emails, text messages, notifications, or other information generated by the App device or the Services.
    5. Company Account means any alerts, emails, text messages, notifications, or other information generated by the App device or the Services the account you may create after downloading the App.
    6. Products means any equipment provided by Generac or ecobee that is associated with the Services.
    7. Remote Applications mean, as applicable, any web-based or mobile device-based application provided by Generac or ecobee to provide certain services and functionality to registered users of Genera or ecobee Products. The ecobee Remote Applications also includes the eco+ service. Use of the Generac or ecobee Remote Applications is governed by the TERMS OF SERVICE, for which you are not obligated to use to access Company Services.
    8. Services mean:
      1. Mobile Link™ (“App”) device; to access and use of MobileLinkGen.com™ (“App Site”); to access and use of any mobile the Company provides to interact with the Products; and any Data.
      2. 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 and Conditions 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”).
      3. Program Administrators means, as applicable for your Purchased Product(s), 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”).
      4. Purchased Products mean the Company equipment or products you purchased associated with the Services.
      5. 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 and Conditions 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”).
  2. Eligibility to Enter These Terms. The Services are not directed to children. Because privacy and consumer protection laws impose different minimum ages for using digital services without parental involvement, the following rules apply:
    1. 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:
      1. reviews and agrees to these Terms on your behalf;
      2. supervises the Minor's use of the Services;
      3. assumes all risks associated with the Minor's use of the Services,
      4. assumes any liability resulting from the Minor's use of the Services,
      5. ensures the accuracy and truthfulness of all information submitted by the Minor; and
      6. assumes responsibility and are bound by this EULA for the Minor's access and use of the Services.
    2. 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.

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

    3. Account Access; Passwords. In order to use the App, you must have an existing or set up a new Company Account. 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 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 these Terms and the terms of any applicable ancillary agreement when you access and use the App or Site, and you are responsible and liable for all uses of the App or Site through access thereto provided by you, directly or indirectly.
    4. Optional Accounts—Utility Account.
      • To gain the full benefits of eco+, you must have an account with your Utility (“Utility Account”) or have the permission of the Utility Account owner to enter into these Terms. To achieve the full benefits of eco+, you also need to allow eco+ to connect to such Utility Account and share Data with such Utility Account, as is described in Section 5 below.
      • To enable your use of eco+, you affirmatively direct Company to share your personal information with Program Administrators as necessary to implement the Community Energy Savings Programs. Additionally, you affirmatively consent to the release of your Utility Account data by your Utility to Company and other Program Administrators. In some jurisdictions, additional measures may be required by law or by your Utility in order for your Utility to recognize your consent to the release of your Utility Account Data. You acknowledge that you understand that if you do not consent to the release of your Utility Account Data by your Utility to Company and other Program Administrators, Company may be unable to provide certain eco+ features to you and you may not realize the full benefit of eco+.
      • You agree to: (i) provide true, accurate, current, and complete information regarding your Utility Account; (ii) maintain and promptly update the information you provide to Company; and (iii) not to provide any irrelevant data into any form or data entry field other than the data requested by Company for such field. In the event that you provide, or Company reasonably suspects that you have provided, any information that is untrue, inaccurate, not current, or incomplete, then Company has the right to suspend or terminate your use of eco+ and refuse any and all current or future use of eco+.

      You can delete your Company Account or, as applicable, Utility Account, at any time through the App, Site, or 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.

  3. Community Energy Savings Program Participation
    1. Automatic Enrollmentand Choice. If you activate eco+, you will automatically be enrolled in demand response programs and events initiated by Program Administrators relating to grid stabilization or demand management (“Default Community Energy Savings Programs”). These programs reduce energy consumption and load on the grid, reducing costs and the risks of brownouts and blackouts. You can opt out of participation in any and all Default Community Energy Savings Programs and their events at any time by deactivating the Default Community Energy Savings Program in the App, by contacting Customer Service at 1-877-932-6233, or by indefinitely deactivating eco+ within the App in the eco+ menu.
    2. Eligibility and Enrollment Terms. You may be eligible to participate in additional demand response programs offered by Program Administrators, which may require you to accept additional terms and conditions and may offer you incentives for enrolling and participating in the program (“Additional Community Energy Savings Programs,” and together with Default Community Energy Savings Programs, “Community Energy Savings Programs”). In such cases, eco+ will seek to notify you of these third-party terms and conditions and allow you to opt into such Additional Community Energy Savings Programs. If you enroll into an Additional Community Energy Savings Program, you may receive notice of Additional Community Energy Savings Program events which will appear on your Purchased Product and applicable Company App. Note that if you opt in and enroll in an Additional Community Energy Savings Program, you will automatically be unenrolled from any Default Community Energy Savings Program. You can opt out of any in progress Additional Community Energy Savings Program event at any time, notwithstanding any clauses to the contrary set forth in your Utility’s terms and conditions, by deactivating the Additional Community Energy Savings Program in the ecobee App and submitting a request to the Program Administrator to unenroll.

      3. Company does not determine customer eligibility for Community Energy Savings Programs. Those determinations are made solely by Program Administrators and are outside of Company’s control.

    3. Community Energy Savings Programs
      • Management and Control of Products. Company may manage and control your affected Purchased Product(s) in order to provide eco+ and to enable your participation in Community Energy Savings Programs.
      • Default Community Energy Savings Program Participation. If you do not opt out of the Default Community Energy Savings Program, Company may manage and control your affected Purchased Product(s) during periods of peak energy demand for the electricity grid, which may or may not coincide with peak electricity price periods.
      • Energy Savings for Grid or Program Administrator Benefit. Company may manage and control your affected Purchased Product(s) to provide additional energy savings when doing so provides value to Program Administrators or the electricity grid, including during periods of high electricity demand.
      • Sharing of Personal Information with Program Administrators. You authorize and direct Company to share your personal information with Program Administrators to the extent necessary to provide eco+ and to facilitate the Community Energy Savings Programs for which you requested.
      • Program Administrator Requests and Overrides. Program Administrators may issue requests to reduce your energy consumption during Community Energy Savings Program events, including during peak electricity price periods. During these events, ecobee may change your temperature set point (for Default Community Energy Savings Programs) or turn off your affected Purchased Product(s) (for Additional Community Energy Savings Programs). You may always override Company’s control and manually control your affected Purchased Product(s).
      • Additional Community Energy Savings Programs and Incentives. Program Administrators may offer programs and incentives for your participation in Additional Community Energy Savings Programs. Participation in any Additional Program is optional and may require you to accept additional terms. Company will communicate program details, including how to participate or opt out. Company is not responsible for any failure by a Program Administrator to provide incentives to you.
      • Consideration to Company; Environmental Attributes. Company may receive consideration from Program Administrators for successfully enrolling you in their Community Energy Savings Programs1. Provided there is no conflict with incentives offered to you under Section 4(j), Company may claim any qualifying environmental attributes, benefits, credits, awards, or bounties from Program Administrators resulting from energy savings achieved through eco+, which forfeits any option you might have to enroll in the programs directly or rights to environmental attributes, benefits, credits, awards, or bounties related to eco+.
      • Communications from Company. Company may communicate with you via email or other channels regarding the affected Purchased Product(s), Services, App, and, as applicable, Remote Applications. By registering your device and providing an email address, you agree that Company may send you HVAC alerts and reminders, software update notices, energy savings advice, news about the Services, customer feedback requests or surveys, and marketing materials relating to Company and thirdparty offerings. These communications may be sent by email, via the Site or App, or through other suitable means. You may unsubscribe from these communications at any time.
      • Performance Disclaimer—eco+. Without limiting the disclaimers in Section 12 below (“Disclaimers”), Company makes no representations, warranties, or guarantees regarding any results or performance of eco+, including whether eco+ will achieve any energy savings or benefits. In rare circumstances, eco+ may result in increased costs.
  4. Ownership; Reservation of Rights

    5. The technology that operates the Apps, Site, Products, Services, and Data (collectively, “Company Intellectual Property”), 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 Company Intellectual Property under these Terms, or any other rights other than to use the App and Site in accordance with the license granted under these Terms, 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 all intellectual property rights arising out of or relating to Company Intellectual Property, subject to the licenses expressly granted. Company Intellectual Property is protected by copyright, trademark, and other laws of both the United States and foreign countries. Any use of Company Intellectual Property not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Company reserves all rights not expressly granted by these Terms. You shall safeguard Company Intellectual Property (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 and Site 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 these Terms 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.

    Any comments, questions, suggestions or other feedback (collectively, “Feedback”) you provide to us through any communication whatsoever (e.g., call, letter, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

    You may view the Site and print individual pages from the Site for your use in learning about, evaluating or acquiring Company Products or Services, provided that you agree to and accept without modification the Terms set forth in the Legal Notice as applicable, available https://www.ecobee.com/en-us/privacy-policy/ or https://www.ecobee.com/en-ca/privacy-policy/. You, or anyone acting on your behalf, may not modify, copy, reproduce, display, distribute, reuse, transmit, publish, license, create derivative works from, transfer or sell any information, including text, images, audio, and animation from the Site without written permission from Company. No permission is granted within the Legal Notice as applicable, available at https://www.ecobee.com/en-us/privacy-policy/ or https://www.ecobee.com/en-ca/privacy-policy/ to you to use Company names, images or logos, site addresses or other means to hyperlink other Internet sites with any page in the Site.

  5. Feedback. Any comments, questions, suggestions or other feedback (collectively, “Feedback”) you provide to us through any communication whatsoever (e.g., call, letter, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
  6. Privacy
    1. Please review the Company Privacy Notice available, as applicable, https://www.ecobee.com/en-us/privacy-policy/ or https://www.ecobee.com/en-us/privacy-policy/ (collectively, the “Privacy Notice”), which are incorporated into these Terms by reference, to understand how we collect, use, and disclose your personal information gathered through the use of the 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 Site or App by you, including but not limited to, improving the performance of the Site or App or developing updates, and verifying compliance with these Terms and enforcing Company’s rights, including all intellectual property rights in and to the App and Site.
      • 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 Site and about equipment on which the Site is ran 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 Site 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 Site by you, including but not limited to, improving the performance of the Site or developing updates, and verifying compliance with these Terms and enforcing Company’s rights, including all intellectual property rights in and to the Site.
      • monitor, notwithstanding anything to the contrary in these Terms, your use of the Site 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 Site. 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.
    2. Company 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 Cookie Notice available at, as applicable, 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 to set your preferences at the bottom of, as applicable, www.generac.com or www.ecobee.com.
  7. 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: [Insert Applicable Content]. These AI Technologies 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.

    8. 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.

  8. 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:
    1. 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, Site, or responding to your email.
    2. 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.
    3. 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.
    4. 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.
    5. 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.

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

  9. App SMS Program
    1. Overview. The Company may send you text messages (SMS) with status updates and alerts related to your Purchased Product. Message frequency depends on the preferences you set in your account. You must provide a valid mobile phone number during enrollment through the Site. When you save your notification preferences for the first time, you will receive a confirmation message letting you know that you have opted in to the App SMS program. Standard message and data rates may apply. Contact your wireless carrier for details.
    2. Opting out and Getting Help. You can stop receiving SMS messages at any time.
      • To opt out, uncheck the SMS option in your account profile or text "STOP" to 877-590-6565.
      • For help or information, text "HELP" to 877-590-6565.
      • For additional support, call 855-436-8439.
    3. SMS Alerts Delivery. SMS message delivery is not guaranteed. Alerts may not reach you if:
      • your device is outside of range coverage;
      • the network is congested, unavailable, or experiencing outages;
      • your device is powered off or otherwise unable to receive messages; or
      • environmental or physical factors interfere with transmission (such as buildings, terrain, weather, or equipment limitations).

      These conditions are outside Company’s control and your carrier’s control. By participating in the App SMS program, you acknowledge that timesensitive or urgent alerts may not be delivered promptly, or at all.

      By participating in the App SMS Link program, you agree to the Terms, as applicable, at at https://www.generac.com/policies/privacy/ for Generac or https://www.ecobee.com/en-us/privacy-policy/ for ecobee. Please view the Privacy Notice, as applicable, at https://www.generac.com/policies/privacy/ for Generac or https://www.ecobee.com/en-us/privacy-policy/ for ecobee Supported Carriers. Support Carriers include but are not limited to: AT&T, Sprint, Nextel, Boost, Verizon Wireless, U.S. Cellular®, T-Mobile®, Cellular One Dobson, Cincinnati Bell, Alltel, Virgin Mobile USA, Cellular South, Unicel, Centennial and Ntelos.

  10. Specific Acknowledgements by You
    1. Wireless Service and Connectivity. The App device sends and receives Data using a wireless service. Because wireless networks rely on radio signals, the connection may sometimes be limited or interrupted. This can happen for many reasons—for example:
      • weather, terrain, or environmental conditions,
      • wireless network congestion or coverage gaps,
      • equipment issues or installation problems,
      • system maintenance or outages,
      • power loss, or
      • government actions or other conditions beyond our control.

      Wireless coverage and features are not available everywhere. Service is available only within the applicable coverage area and only when the App device is within range of the supporting wireless network and is authorized to operate on Verizon Wireless’s network.

    2. No Medical or LifeSafety Use. The App device, the Data it transmits, and the related Services must not be used for any form of remote medical monitoring or lifesafety purposes. These Services are not designed, intended, or certified for healthrelated or emergencyresponse use.
    3. Service Interruptions and Force Majeure. The App, App Site, and Services may sometimes be interrupted or fail to perform as expected, and that such interruptions are excused when caused by circumstances outside our reasonable control. These may include:
      • wireless or telecommunications outages,
      • power failures,
      • severe weather, fire, or natural disasters,
      • acts of terrorism, war, riots, or civil unrest,
      • labor strikes or work stoppages,
      • government restrictions or actions, or
      • other events that make performance impracticable.
    4. Relationship with the Wireless Carrier
      • YOU DO NOT HAVE A CONTRACT WITH THE UNDERLYING WIRELESS CARRIER PROVIDING NETWORK ACCESS FOR YOUR APP DEVICE.
      • YOU ARE NOT A THIRDPARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND THAT CARRIER.
      • THE WIRELESS CARRIER (AND ITS AFFILIATES AND CONTRACTORS) HAS NO LEGAL OR FINANCIAL RESPONSIBILITY TO YOU IN CONNECTION WITH THE MOBILE LINK™ DEVICE, SERVICE, OR DATA TRANSMISSION.
      • YOU WAIVE ANY CLAIMS YOU MAY OTHERWISE ATTEMPT TO BRING AGAINST THE WIRELESS CARRIER, ITS AFFILIATES, OR ITS CONTRACTORS ARISING FROM OR RELATED TO THE DEVICE, THE SERVICE, OR WIRELESS CONNECTIVITY.
  11. Revisions

    12. Company maintains the Site for your information, education and evaluation of Company Products or Services. The content of the Site may contain inadvertent inaccuracies, omissions, and typographical errors. Company makes no warranties or representations about the accuracy or completeness of the Site content. Company reserves the right to improve, revise and correct the Site, in whole or in part, at any time without notice. Company expressly disclaims all liability for the use or interpretation by others of information contained in the Site. Any user who utilizes or makes decisions based on information contained in the Site does so at their own risk. In exchange for using the Site, the visitor agrees to hold Company harmless against any claims or damages arising from the use of the Site and from any decisions that the visitor makes based on such information.

    Company may, at any time, revise the Terms for the Site by updating this posting. By using the Site, you agree to be bound by any such revisions and should periodically visit this page to review the current Terms to which you are bound.

  12. Disclaimers

    13. THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ACCURACY, VALIDITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

    THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY, OR CONTENT OF THIS SITE OR ANY OTHER WEBSITE LINKED TO OR FROM THIS SITE.

    IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES—INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE, COSTS OF REPLACEMENT GOODS, LOSS OF DATA, BUSINESS INTERRUPTION, OR DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE MATERIALS OR INFORMATION PRESENTED ON THIS SITE OR ANY HYPERLINKED SITE—EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages; therefore, the above limitation may not apply to you.

    THE COMPANY ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, DATA, OR OTHER PROPERTY, INCLUDING DAMAGE CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, THAT RESULT FROM YOUR ACCESS TO OR USE OF THIS SITE OR ANY LINKED SITE.

  13. No Guaranty (Limitations of Liability)
    1. 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 APP 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.
    2. 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.
    3. 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.
    4. 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 Site or your downloading of any materials, data, text, images, video, or audio from the Site.
    5. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED $100.00.
  14. Outside Sources; Links. The Site 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.
  15. Linking to This Site. You may link to this Site only with the prior written consent of the Company. Any approved link must comply with the following requirements and any additional guidelines the Company may provide:
    1. No Misrepresentation. The link and any associated materials must not misrepresent, either explicitly or implicitly, your relationship with the Company.
    2. No Endorsement. The link must not state or imply that the Company endorses or approves your website, products, or services.
    3. No Harm to Brand or Reputation. The link must not present false, misleading, derogatory, or otherwise harmful impressions about the Company, nor may it damage or dilute the goodwill associated with the Company’s name, trademarks, or other intellectual property.
    4. No Framing or Unauthorized Use. You may not frame or otherwise incorporate any portion of this Site into another website without the Company’s express written authorization.

    The Company reserves the right to revoke its consent to any link at any time, in its sole discretion, and you agree to remove the link promptly upon request.

  16. Trademark Notices

    17. WiFi® Alliance

    WiFi® is a registered trademark of the WiFi Alliance®.

    Bluetooth®

    The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc., and any use of such marks by the Company is under license. All other trademarks, trade names, or service marks referenced on this website are the property of their respective owners.

  17. Acceptable Use Policy. YOU MAY NOT DO ANY OF THE FOLLOWING IN CONNECTION WITH THE REMOTE APPLICATIONS:
  18. Miscellaneous
    1. Assignment. Company may assign or transfer these Terms in whole or in part at any time without your consent. You may not assign these Terms or assign, transfer, or delegate your ecobee Account or any of your rights or obligations under these Terms. Any purported assignment, transfer, or delegation in violation of this provision shall be void from the outset.
    2. 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 these Terms are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
    3. Governing Law and Venue. Your access to and use of this website are governed by the laws of the State of Wisconsin, United States, without regard to its conflictsoflaw principles. You agree that any claim or dispute arising out of or relating to your use of this website shall be brought exclusively in a court of competent jurisdiction located in the State of Wisconsin, United States, and you hereby submit to the personal jurisdiction of such courts.
    4. Severability; Entire Agreement; Waiver. If any provision of these terms, policies, or notices is held to be unlawful, void, or unenforceable, that provision shall be deemed severed from the remaining provisions, which shall continue in full force and effect. No waiver of a right granted under these Terms by a party will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these Terms) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder. These Terms constitute the entire understanding, and supersede all other understandings, between you and Company concerning the Site. These Terms constitute the entire understanding, and supersede all other understandings, between you and ecobee concerning the Remote Applications.
  19. How to Contact Us

    20. Should you have questions or need to contact the Company for:

    Generac Products, please:

    ecobee Products, please:

     

    1 Including such programs like the Massachusetts Clean Peak Energy Standard and the California Demand Side Grid Support Program, which are administered by state agencies.the Massachusetts Department of Energy Resources and the California Energy Commission, respectively, which may be considered third-party beneficiaries, the Oncor Residential Load Management program, the Electric Reliability Council of Texas’ Emergency Response Service, and the Pacific Gas & Electric Automated Response Technology program.