Effective Date (Last Updated): 1-April-2024
Welcome to our website, digital services and applications, and products identified below (collectively, the “Digital Platforms” and “Products”). The Digital Platforms are operated by Maxeon Solar Pte. Ltd. (“Maxeon”, “we”, “our” or “us”).
Maxeon Solar Pte. Ltd. is a corporation registered in the Republic of Singapore with Registration No. 202010491K and is a wholly owned subsidiary of Maxeon Solar Technologies, Ltd. Maxeon Solar Technologies, Ltd. is a corporation registered in the Republic of Singapore with Registration No. 201934268H. Our registered offices and our Local Representatives are listed on our Corporate Contact Us page.
This Agreement is a legally binding contract between you and Maxeon related to your use of the Digital Platforms and Products.
Please note that in order to use the interactive features of the Digital Platforms and Products, and to the extent you are eligible to access such features, you may be required to first register for an account with us through an online registration process, which is not transferrable.
Click below to jump to a specific section of this Agreement:
Your use of the Digital Platforms
Rules governing interactive features
Use and protection of your account number and password
Our management of the Digital Platforms and user misconduct
Agreement Term, Termination, and Survival
Updates to the Digital Platforms and this Agreement and Discontinuation of Digital Platforms and related services
Disputes with us: governing law and jurisdiction
Warranties, Limitation of Liability, and Release
Liquidated damages for spam
You indemnify us
Linking to our website
1. Your use of Digital Platforms
When you use the Digital Platforms, you represent and warrant the following.
Any information you submit is truthful and accurate.
You will provide accurate information about yourself. It is prohibited to use false information or impersonate another person or company in your interactions with us or in connection with your use of the Digital Platforms.
If you have registered an account with us, you will update your contact information if it changes so that we can contact you.
Your use of the Digital Platforms and your use of services available on the Digital Platforms do not breach any applicable law or regulation and are not unlawful, deceptive, or fraudulent.
If you register an account with us, you are 18 years of age or older, and if you are registering with or using the Digital Platforms on behalf of a business, you have the authority to agree to this Agreement on behalf of the business.
You will comply with our rules governing the use of the interactive features of the Digital Platforms as set out in Section 2 below.
You are solely responsible for any activity on any registered account or profile. If you share your account with other people, then you are responsible for all activity.
You will not transmit chain letters, bulk, or junk messages, or interfere with, disrupt, or create an undue burden on the Digital Platforms or the networks or services connected to the Digital Platforms, including without limitation, hacking into the Digital Platforms, or using the Digital Platforms to send unsolicited or commercial messages, bulletins, comments, or other communications.
You will not use the Digital Platforms for any unauthorized purpose, including but not limited to collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, to sell data available on the Digital Platforms, or engaging in framing of, or linking to, the Digital Platforms without our express written consent.
You will not sell or let others use your password or registration for the Digital Platforms, provide false or misleading identification or address information, or invade the privacy or breach a personal, confidentiality or proprietary right, of any person or entity.
You will not knowingly transmit any data, send, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You will not crawl, scrape, or spider any page of the Digital Platforms or reverse engineer or attempt to obtain the source code of the Digital Platforms.
You also represent and warrant that you will comply with all applicable local laws governing your online conduct and your provision or submission of information to the Digital Platforms.
2. Rules governing interactive features
2.1 Information provided or submitted to the Digital Platforms
You are solely responsible for the content of, and any harm resulting from, any information provided or submitted to the Digital Platforms. Whenever you submit information, you represent and warrant the following.
You own or have sufficient rights to provide or submit the information on or through the Digital Platform.
You will not provide or submit information that infringes any rights of Maxeon or any other person or entity, including intellectual property and other proprietary rights, confidentiality rights and contractual rights or obligations.
You have fully complied with any third-party licenses relating to the information and agree to pay all royalties, fees, and other costs owed to any person or entity because the information was provided or submitted to the Digital Platforms.
You will not provide or submit information that:
is defamatory, damaging, disruptive, unlawful, intentionally inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, violent, harassing, or otherwise objectionable;
incites, encourages, or threatens physical harm against another group or individual;
promotes racism, bigotry, sexism, religious intolerance, or harm against any group or individual; or
contains material that solicits or attempts to solicit personal information from anyone under 18 or exploits anyone in a sexual or violent manner.
You will not provide or submit information that contains advertisements or solicit any person to buy or sell products or services (other than our products and services).
You will not provide or submit information or take any other action that constitutes, contains, installs or attempts to install, or promotes spyware, malware or other computer code, whether on our or others' computers or equipment, including technologies designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
2.2 System Data, Monitoring Data, and Personal Data
3. Intellectual Property
3.1 Retention of Rights and Limited License
Maxeon, its affiliates, and/or its 3rd parties retain(s) all intellectual property rights in the Digital Platforms and the Products, including any software or code embedded in the Products that may be updated, repaired, or enhanced from time to time (the “Embedded Software”). A limited license is granted to each of the Digital Platforms and the Product, subject to the terms of this Agreement (the “Limited License”).
With respect to the Products, the Limited License is non-exclusive and grants a limited right to use the Embedded Software, solely for the purposes of installing, registering, configuring, and using the Products on which the Embedded Software is originally installed by Maxeon or its designee. The Limited License is non-transferrable and cannot be transferred to other systems or devices. The Embedded Software may not be transferred from the Products and may not be installed (in whole or in part) on other systems or devices absent the express written authorization of Maxeon.
With respect to the Digital Platforms, the Limited License grants a limited right to use the Digital Platforms, solely for the purposes of installing, registering, configuring, and using associated Products and accessing the Digital Platforms through devices and applications authorized by Maxeon. The Limited License is non-transferrable.
You may download or print a copy of materials available through the Digital Platforms for your own personal use, such as uses related to the purchase, installation, maintenance, and support of the Products, but you must retain all copyright, trademark, and other proprietary notices contained in and on the materials. You MAY NOT use the materials for any commercial purpose, except as expressly authorized by Maxeon in writing. You agree that you will not circumvent, disable, or otherwise interfere with security related features of the Digital Platforms or the Products, or with features that prevent or restrict the use or copying of any materials or otherwise enforce limitations on the use of the Digital Platforms, Products, or the materials. You further agree not to access the Digital Platforms by any means other than through the interfaces that we provide, unless otherwise specifically authorized by us in a separate written agreement.
Maxeon does not provide and does not transfer any other rights to any intellectual property in the Products or the Digital Platforms (whether by sale or offer for sale of any Products, by providing access to the Digital Platforms, or otherwise). The intellectual property rights retained by Maxeon, its affiliates, and/or its 3rd parties include, but are not limited to, rights to: (i) inventions, patents, designs, algorithms, and other industrial property; (ii) works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask works; (iii) trade secrets; (iv) trademark and trade name; (v) other intellectual property and proprietary rights of every kind and nature, whether arising by operation of law, by contract or license, or otherwise; and (vi) all applications, registrations, grants, renewals, extensions, combinations, continuations, divisions, and reissues of the foregoing.
3.2 Grant of license to us to use your information and feedback
By providing or submitting information to the Digital Platforms (expressly including System Data and Monitoring Data), you grant us a perpetual, non-exclusive (meaning you retain rights to use, sell, etc. the information to others), fully-paid up, royalty-free (meaning we are not required to pay you for our use of the information), sub-licensable (meaning that we can grant others the right to use the information to, for example, a company hosting the Digital Platforms, a utility provider, or other purchasers) and worldwide license to use, modify, create derivative works of, publicly perform and display, reproduce, communicate and distribute the information. You agree not to assert any moral rights or rights of publicity against us for using your information.
In the event you provide any ideas, thoughts, criticisms, suggested improvements, or other feedback related to any elements of the Products or the Digital Platforms (collectively, “Feedback”), you hereby grant Maxeon a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable right to use, distribute, reproduce, modify, adapt, translate, publicly perform, create derivative works from, publicly display, communicate to the public, or otherwise exploit the Feedback in whole or in part and/or to incorporate it in other works for the purpose of providing tips, tricks, and feedback to other customers as well as for the purpose of improving the Products and the Digital Services.
Maxeon accepts each grant of rights. Each grant of rights survives termination of this Agreement.
4. Use and protection of your account number and password
You are responsible for keeping secret and confidential any account numbers and passwords you may have when registering for an account on the Digital Platforms or accessing the Products. You are responsible for all uses of your account(s), whether or not actually or expressly authorized by you. We may restrict or limit account registration to eligible users only.
5. Our management of the Digital Platforms and user misconduct
- Our Digital Platform management. We may, but are not required to: (a) monitor or review the Digital Platforms for breaches of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who breaches this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any information provided or submitted (or any portion thereof) that may breach this Agreement, the law or any of our policies or are excessive in size or burdensome; and/or (d) manage the Digital Platforms in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Digital Platforms.
- Our right to suspend or terminate access. Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability deny access to and use of the Digital Platforms and/or any account for the Digital Platforms to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. If the need arises, we may also move the Digital Platforms to another domain or close the Digital Platforms indefinitely.
- Risk of harm. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Digital Platforms and that you give to other Digital Platform users. You are discouraged from publicly posting the following information on the Digital Platforms: your full name, telephone numbers and street addresses. Contributions and other information that others upload or post to the Digital Platforms are not pre-moderated. Despite the prohibitions contained in this Agreement, such Contributions and other information may be offensive, harmful, or inaccurate and may be mislabeled or deceptively labelled. You assume all risks associated with viewing such content and dealing with other users with whom you come in contact through the Digital Platforms. We expect that you will use caution and common sense when using the Digital Platforms.
- Trademark and copyright policy. If you upload material or otherwise do anything in relation to infringing copyright or trademark rights of Maxeon or others, we may, without prejudice to any other rights we may have, terminate your account and access rights to the Digital Platforms.
6. Account Termination
This Agreement, as updated or amended from time to time, shall remain in full force and effect while you use the Digital Platforms.
We may terminate, disable, or suspend your account (and any related accounts) and your access to any Digital Platforms at any time, for any reason, and without advanced notice. If we do so, you do not have a contractual or legal right to continue to use the Digital Platforms.
If you have an account, then you may terminate the account it at any time, for any reason, by contacting firstname.lastname@example.org. If your access to Digital Platforms is terminated, either by you or Maxeon, then you may lose any information associated with your account.
The terms of this Agreement, including any grant of rights, will remain in effect even after your access to the Digital Platforms is terminated, including by Maxeon, or your use of the Digital Platform otherwise ends.
7. Agreement Term, Termination, and Survival
You may terminate this Agreement by sending a termination notice by email to email@example.com.
You may terminate this Agreement at any time without prior notice. Upon termination, you agree to no longer access the Digital Platforms or use the Embedded Software (in accordance with the termination notice). We may terminate this Agreement with two (2) weeks prior notice without cause or immediately for cause.
Upon successfully processing your termination notice, we will disable your access to the applicable Digital Platforms and Embedded Software (to the extent feasible), and we will disable your account.
A termination notice should indicate details of the goods and services (including system information, product model numbers, serial numbers, etc.), your name, your installation address, and your installation date. We may ask you for further information to verify your identity and scope of termination.
8. Updates to the Digital Platforms and this Agreement and Discontinuation of Digital Platforms and related services
The material and information available on the Digital Platforms may become out of date at any given time and we are under no obligation to update the contents of the Digital Platforms.
Maxeon reserves the right to change, suspend, or discontinue any aspect of the Digital Platforms at any time, for any reason. We will not be liable to you for the effect that any changes to the Digital Platforms may have on you, including on your business, income, or ability to generate revenue.
We may modify this Agreement from time to time. We will contact registered users if we do so, which is why it is important that you notify us immediately if your email address changes. If you are a registered user, you may be asked to click to accept the new agreement the next time you log on to the Digital Platforms in order to be able to use the Digital Platforms. We will also put any revised versions of this Agreement on the Digital Platforms. It is therefore important that you regularly check the Digital Platforms.
If you do not agree to this Agreement as updated, then we may not be able to provide you with continued services, in which case we may suspend your access to the underlying services until you agree to the updated Agreement.
9. Disputes with us: governing law and jurisdiction
- Any dispute arising in relation to your access and use of the Digital Platforms (including any non-contractual dispute or claim) shall be governed by the laws of Singapore (exclusive of its choice of law provisions) and you and we agree to submit to the exclusive jurisdiction of the courts in Singapore.
- Any dispute or claim arising from or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (the SIAC) in accordance with the Arbitration Rules of the SIAC (the SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. Nothing in this clause shall preclude a Party from resorting to any court of competent jurisdiction for interim or interlocutory injunctive relief. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by the arbitrator in accordance with the SIAC Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under this Agreement will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Agreement, you and Maxeon are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- Cost of Arbitration. Payment for any and all reasonable filing fees, administrative costs and arbitrator fees will be in accordance with the SIAC Rules. If the value of your claim does not exceed $10,000 USD, Maxeon will pay for the reasonable filing fees, administrative costs and arbitrator fees, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
10. Warranties, Limitation of Liability, and Release
Information and other materials made available on the Digital Platforms, whether by Maxeon or other users of the Digital Platforms, are not intended to amount to advice on which reliance should be placed. We therefore disclaim, to the fullest extent permitted by law, all liability and responsibility arising from any reliance placed on such materials by any user of or visitor to the Digital Platforms, or by anyone who may be informed of any of its contents.
By operating the Digital Platforms, we do not represent or imply that we endorse any information or any other materials available on or linked to by the Digital Platforms, including without limitation, content hosted on Third Party Sites, or that we believe such information or any other materials are complete, accurate, useful, or non-harmful. We do not promise any specific results from the use of the Digital Platforms. No advice or information, whether oral or written, obtained by you from us or the Digital Platforms shall create any warranty not expressly stated in this Agreement.
All content, information, or any other materials or items provided through the Digital Platforms AND THE EMBEDDED SOFTWARE are provided "as is" and "as available" and (to the fullest extent permitted by law) without warranty (EXPRESS OR IMPLIED) or conditions of any kind. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors disclaim all warranties, express or implied in connection with the Digital Platforms and your use of it disclaim all express, implied, statutory, and other warranties, guarantees, or representations, including without limitation the warranties of merchantability, fitness for purpose, non-infringement of proprietary and intellectual property rights, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT, FOR EACH OF THE DIGITAL PLATFORMS and the EMBEDDED SOFTWARE: (I) EACH WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) EACH WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (IV) THE RESULTING USE, FEATURES, OR PERFORMANCE WILL MEET YOUR EXPECTATIONS. YOU USE THE DIGITAL PLATFORMS and the EMBEDDED SOFTWARE SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE INCONSISTENT WITH APPLICABLE LAW.
By using the Digital Platforms and the EMBEDDED SOFTWARE, to the extent permitted under applicable law, you agree to and hereby release Maxeon AND EACH OF ITS AFFILIATES AND THIRD PARTIES (THE “RELEASED PARTIES”) from liability or responsibility for (and THE RELEASED PARTIES EACH assumes no Liability or responsibility for) any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our DIGITAL PLATFORMS, EMBEDDED SOFTWARE, AND services, (c) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the digital platforms and the Products, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Digital Platforms, the embedded software, and the products by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the digital platforms.
If you are a California resident, by using the Digital Platforms, you agree to and hereby waive California Civil Code Section 1542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
In no event shall we be liable to you or any third party for any direct, indirect, consequential, incidental, special, exemplary, punitive, or any other loss or damages, including without limitation any direct or indirect loss of revenue or profit, business interruption or loss of data arising from your use of the Digital Platforms, the embedded software, or the products and any information, materials or any other content available on the Digital Platforms or otherwise arising in connection with this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way. in no event shall maxeon’s aggregate liability for any damages exceed the greater of one hundred US dollars ($100) or the amount you paid maxeon for the digital platforms in the last twelve (12) months. some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
11. Liquidated damages for spam
You acknowledge and agree that spam is harmful to a site, service, or network and causes injury, including damage to reputation and goodwill, which is difficult to measure. As a pre-estimate of our anticipated loss, you agree to pay us $200 (USD) for each unsolicited commercial message or other unsolicited communication that you send from, to, or through the Digital Platforms.
12. You indemnify us
You agree to indemnify and hold us, our subsidiaries, affiliates, related entities and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, that arises out of your use of the Digital Platforms, any breach of this Agreement, or your infringement of someone else’s rights.
13. Linking to our website
You may link to our website home page, provided you do so in a way that is fair, accurate, legal, and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
You must not establish a link to our website in any website that is not owned by you.
Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Section 2.
If you wish to make any use of content on our site other than that set out above, please contact us at the email address set out in Section 15.
- Entire Agreement. Unless you have a separate agreement in place with us, this Agreement constitutes the entire agreement between you and us regarding your interaction with the Digital Platforms and the Embedded Software and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
- Independent Contractors. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between us and any user.
- Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
- Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition.
15. Contact us