User Agreement and Privacy Statement

 

Special Note

We hereby reminds you (user) to carefully read this "User Agreement" (hereinafter referred to as "Agreement") before registering as a user. To ensure that you fully understand the terms of this agreement. Please read carefully and choose to accept or not accept this agreement. Unless you accept all the terms of this agreement, you have no right to register, log in or use the services covered by this agreement. Your registration, login and use will be regarded as your acceptance of this agreement, and you agree to be bound by the terms of this agreement.

This agreement stipulates the rights and obligations between we and the user for the "ESS Monitor portal" software service (hereinafter referred to as "ESS Monitor"). "Users" refer to the individuals who register, log in, and use this service. This agreement can be updated by ESS Monitor at any time. Once the updated agreement terms are announced, they will replace the original agreement terms without further notice. Users can check the latest version of the agreement terms on this website. After ESS Monitor modifies the terms of the agreement, if the user does not accept the modified terms, please stop using the services provided by ESS Monitor immediately, and the user's continued use of the services provided by ESS Monitor will be deemed to accept the modified agreement.

 

Account Registration

  1. The user needs to register a ESS Monitor account before using this service. Users should use email address to register the ESS Monitor account. The email address should be the one that never bind on any ESS Monitor account and is not banned by ESS Monitor under this agreement. ESS Monitor can change the way of account registration and binding according to user needs or product needs without notifying users in advance.
  2. The user needs to submit the geographic location information of the device during the process of adding the installation site on the ESS Monitor. Once the user set the geographic location information of the device indicates that the user allows ESS Monitor to extract, disclose and use the user's geographic location information. If users need to stop disclosing his geographic location information to other users, he can make it incognito.
  3. In view of the binding registration method of the "ESS Monitor" account, you will allow ESS Monitor to use the e-mail address and other information you provide for registration.
  4. When users register and use this service, ESS Monitor needs to collect personal information that can identify users for contacting users when necessary, or providing users with a better experience. The information collected by ESS Monitor includes, but is not limited to, the user's name, email address, avatar, and address; ESS Monitor agrees that the use of this information will be subject to the restrictions of the third user's personal privacy information protection.

 

Service content

  1. The specific content of this service is provided by ESS Monitor according to the actual situation, allowing authorized users to conduct the following functions through their ESS Monitor account, including but not limited to site management, user management, equipment management, operating data viewing, system information management, setting management, alarm management and site sharing, etc. ESS Monitor can change its services and the services content may be changed at any time; users will receive notifications from ESS Monitor regarding service changes.
  2. During the warranty period of the related equipment, ESS Monitor provides free services, but reserves the right to stop the service once the equipment exceeds the warranty period. Users can also purchase the services when the equipment exceeds the warranty period.

 

Protection of the personal privacy information of the user

  1. In the process of registering an account or using this service, the user may need to fill in or submit some necessary information, such as the identity information required by the laws and regulations. If the information submitted by the user is incomplete or does not meet the requirements of laws and regulations, the user may not be able to use the service or be restricted in the process of using the service.

  2. Personal privacy information is related to the user's personal identity or personal privacy, such as, the user's real name, email address , phone number , cell phone number, identification code of the cell phone device , IP address, address and company information . Non-personal private information refers to the basic record information of the user's operating status and usage habits of this service, which is clearly and objectively reflected on the ESS Monitor server side, other general information outside the scope of personal private information, and the above-mentioned private information that the user agrees to disclose.

  3. Respecting the privacy of users' personal privacy information is ESS Monitor’s consistent system. ESS Monitor will take technical measures and other necessary measures to ensure the security of users' personal privacy information and prevent users' personal privacy information collected in this service from being leaked, damaged or lost. In the event of the foregoing situation or ESS Monitor discovers that the foregoing situation may occur, remedial measures will be taken in time.

  4. ESS Monitor will not disclose users' personal privacy information to any third party without the user's consent except in the following specific situations:

    • Any leakage of personal information caused by the user telling others of his user password or sharing the registered account and password with others, or other personal privacy information leakage not caused by ESS Monitor;
    • Users disclose their personal privacy information to the third parties on their own, including but not limited to using Invite user and Share functions;
    • The user has reached an agreement with ESS Monitor and the cooperation unit on the use of the user's personal privacy information, and ESS Monitor therefore discloses the user's personal privacy information to the cooperation unit;
    • Any disclosure of personal privacy information of users due to hacker attacks, computer virus intrusion and other force majeure events.

  5. The user agrees that ESS Monitor could use the user's personal privacy information in the following matters:

    • " ESS Monitor” sends important notices to users in a timely manner, such as software updates and changes to the terms of this agreement;
    • The internal data statistics, analysis and research of we to improve ESS Monitor’s products, services and communication with users;
    • In accordance with this agreement, ESS Monitor manages and reviews user information and performs processing measures;
    • Other matters stipulated by applicable laws and regulations.

    In addition to the above matters, ESS Monitor will not use the user's personal privacy information for any other purposes without the user's prior consent.

  6. The user confirms that the geographic location information of the installation place of the device is the non-personal privacy information, and the user's successful registration of a ESS Monitor account is deemed to be a confirmation that ESS Monitor is authorized to extract, disclose and use the user's geographic location information. The user's geographic location information will be one of the user's public information, which will be disclosed to other users by ESS Monitor. If a user needs to stop disclosing his geographic location information to other users, he can set the geographic location at hidden state at any time.

  7. In order to improve ESS Monitor ’s technology and services and provide users with a better service experience, ESS Monitor may collect and use or provide users’ non-personal privacy information to the third parties, including but not limited to the operating data, installation configuration information, the setting information, and the historical data of the system or the equipment.

 

Content specification

  1. The content mentioned in this article refers to any content created, uploaded, copied, published, or disseminated by the users during the use of this service, including but not limited to the account avatar, name, user description, Banner , Profile photo, System information, View of Installation, Installation tags, Installation configuration and other registration information and certification materials, or text, pictures and graphics to send, reply or automatically reply to messages and related link pages, and other content generated by using other account or the service.

  2. Users shall not use the "ESS Monitor" account or this service to produce, upload, copy, publish, or disseminate the following contents prohibited by laws, regulations and policies:

    • Prohibited by the local laws, regulations and policies;
    • Prohibited by the local religious policies;
    • Promoting racial or ethnic hatred or discrimination;
    • Spread rumors and disrupt social order;
    • Spreading obscenity, pornography, gambling, violence, murder, and terror or instigating crime;
    • Insulting or slandering others, infringing on the legal rights of others;
    • Information containing other content prohibited by the local laws and administrative regulations.

  3. Users are not allowed to use the "ESS Monitor" account or this service to produce, upload, copy, publish, or disseminate the following content that interferes with the normal operation of "ESS Monitor" and infringes the legitimate rights and interests of other users or third parties:

    • Contains any sexual or sexual suggestion;
    • Contains abusive, intimidating, or threatening content;
    • Containing harassment, spam, malicious information, or deceptive information;
    • Involving the privacy, personal information or data of others;
    • Infringement of others’legal rights such as reputation rights, portrait rights, intellectual property rights, and trade secrets;
    • Contain other information that interferes with the normal operation of this service and infringes on the legitimate rights and interests of other users or third parties;

 

Service regulations

  1. Any content transmitted or published by the users in or through the service does not reflect or represent, nor shall it be deemed to reflect or represent, the views, positions or policies of we, for which we shall not be liable.

  2. Users shall not use the "ESS Monitor" account or this service to perform the following actions:

    • Submitting or publishing false information, or embezzling other people's avatars or materials, impersonating or using the names of others;
    • Forcing or inducing other users to follow, click on linked pages or share information;
    • Fabricate facts, concealing the truth to mislead or deceive others;
    • Using technical means to establish false accounts in batches;
    • Use the "ESS Monitor" account or this service to engage in any illegal or criminal activities;
    • Making and publishing methods and tools related to the above behaviors, or operating or disseminating such methods and tools, regardless of whether these behaviors are for commercial purposes;
    • Other acts that violate laws and regulations, infringe on the legitimate rights and interests of other users, interfere with the normal operation of "ESS Monitor", or do not expressly authorized by ESS Monitor.

  3. The user shall be solely responsible for the authenticity, legality, harmlessness, accuracy, and validity of the information transmitted through the "ESS Monitor" account or this service, and any legal responsibility related to the information disseminated by the user shall be borne by the user. It has nothing to do with ESS Monitor. If any damage is caused to we or a third party, the user shall compensate according to the law.

  4. The services provided by ESS Monitor may include advertisements and the user agrees to display advertisements provided by ESS Monitor, third-party suppliers and partners during their use. Except as clearly provided by laws and regulations, users shall be solely responsible for transactions based on the advertising information, and we shall not be responsible for any losses or damages suffered by users due to the transactions based on the advertising information or the content provided by the aforementioned advertisers.

  5. Unless there is a written permission from we, users shall not engage in any of the following acts:

    • Delete the copyright information on the software and its copies;
    • Reverse engineer, reverse assemble, reverse compile the software, or try to find the source code of the software in other ways;
    • Use, rent, lend, copy, modify, link, reprint, compile, publish, publish, or establish mirror sites of the content that has intellectual property rights in we ;
    • Copy, modify, add, delete, hook and run the following data: the data released into the memory of any terminal from the software or during the software operation, the interaction data between the client and the server during the software operation, and the system data necessary for the software operation. Using the above data to create any derivative works, including but not limited to using plug-ins, add-on or third-party tools/services which are not authorized by we to access the software and related systems;
    • By modifying or forging the instructions and data in the operation of the software, adding, deleting, changing the functions or operating effects of the software, or operating or disseminating the software and methods used for the above purposes to the public, regardless of whether these acts are on business purpose.
    • Log in or use ESS Monitor software and services through the third-party software, plug-ins, add-on, and systems that are not developed or authorized by we, or produce, publish, or disseminate third-party software, plug-in, add-on and system that are not developed or authorized by we.

 

Account management

  1. The ownership of the ESS Monitor account belongs to we. After the user completes the application registration procedures, the user will obtain the right to use the ESS Monitor account. The right to use belongs only to the initial registrant and is prohibited from gifting, borrowing, renting, transferring or selling to others. Due to business needs, we has the right to reclaim the user's "XX" account.
  2. The user can change or delete the personal information, registration information and transmission content on the ESS Monitor account, but it should be noted that when deleting the relevant information, the text and pictures stored by the user will be deleted simultaneously in the system. The user shall bear the risk.
  3. The user is responsible for the safety of the registered account information and account password. The user's improper storage may result in the account theft or password theft, and the user shall bear the responsibility. The user shall bear legal responsibility for the behavior under the registered account and password. The user agrees not to use the account or password of other users under any circumstances. When the user suspects that another person uses his account or password, the user agrees to notify ESS Monitor immediately.
  4. The user shall abide by the terms of this agreement and use the service correctly and appropriately. If the user violates any of the terms in this agreement, ESS Monitor has the right to suspend or terminate the provision of services to the user’s ESS Monitor account after notifying the user.

 

Site management

  1. Users can add or delete device sites on their managed accounts;
  2. The user can change and delete the site information. The operation of deleting the site will cause ESS Monitor to delete the site setting information, operation data and historical records and other related data. The user needs to bear the risk of deleting the site.
  3. Using the Invite User function may bring the risk to the user of losing or partly losing the site management permission. It is recommended to use this function carefully. When using the Invite user function, if you do not want to open the full function to the invited users, you can choose to disable the full function.
  4. When using the Share function, the location of the site, operating data, operating status and historical records may be viewed by the unauthorized personnel. It is recommended to use this function carefully. If users do not want the site data and the status to be viewed, they can turn off this feature. ESS Monitor does not assume the related responsibilities caused by the share function.

 

Data Storage

  1. ESS Monitor is not responsible for the user's deletion or failure storage of the relevant data in this service.
  2. ESS Monitor can determine the maximum storage period of the user's data in this service according to the actual situation, and allocate the maximum storage space for the data on the server.
  3. If the user stops using the service or the service is terminated, we can permanently delete the user's data from the server. After the service is stopped or terminated, We has no obligation to return any data to the user.

 

Risk taking

  1. The user understands and agrees that ESS Monitor only provides users with the following functions: site management, user management, and equipment management, operating data viewing, system information management, setting management, alarm management and site sharing. Users must undertake the responsibility for all actions under their registered account, including any content transmitted by the user and any consequences arising there from. Users should make their own judgments on the content of ESS Monitor and this service, and bear all risks arising from the use of the content, including risks arising from the reliance on the correctness, completeness or practicality of the content. We cannot and will not be liable for any loss or damage caused by the user behavior. If the user finds that anyone has violated this agreement or used the service in other improper ways, please report or complain to we immediately, and we will deal with it in accordance with this agreement.
  2. The user understands and agrees that due to the business development needs, we reserves the right to unilaterally change, suspend, terminate or cancel all or part of the service content, and the user shall bear this risk.

 

Intellectual Property Statement

  1. Except for the intellectual property rights related to advertisements in this service, which belong to the corresponding advertisers, the intellectual property rights of the content provided by ESS Monitor in this service (including but not limited to web pages, text, pictures, audio, video, charts, etc.) belongs to we, except that users have legally obtained intellectual property rights for their published content before using this service.
  2. Unless otherwise specified, the copyright, patent rights and other intellectual property rights of the software on which we provides this service belong to we.
  3. The copyright or trademark rights of ESS Monitor's graphics, text or their composition, as well as other ESS Monitor mark, product and service names (hereinafter collectively referred to as "ESS Monitor “logo") presented in this service are owned by we. Without the prior written consent of we, the user shall not display or use the ESS Monitor logo in any way or do other processing, nor shall it indicate to others that the user has the right to display, use, or process the ESS Monitor logo.
  4. The above and any other intellectual property rights owned by ESS Monitor or related advertisers in accordance with the law are protected by law. Without the written permission of we or related advertisers, users are not allowed to use or create related derivative works in any form.

 

  1. If ESS Monitor finds or receives reports or complaints from others that some users have violated this agreement, ESS Monitor has the right to review and delete relevant content, including but not limited to user information, uploaded pictures and text at any time without notice. Depending on the severity of the issue, the following penalties will be imposed on the user accounts that violate the rules, including but not limited to warnings, account bans, device bans and function bans, and the users will be notified of the processing results.
  2. Users who are banned for violating the user agreement can submit an appeal to the relevant page of the ESS Monitor website. ESS Monitor will review the appeal and make a reasonable judgment on its own to decide whether to change the punishment measure.
  3. The user understands and agrees that ESS Monitor has the right to punish the actions violating the relevant laws and regulations of this agreement based on reasonable judgments, take appropriate legal actions against any user who violates laws and regulations, and save relevant information in accordance with laws and regulations to report to the relevant departments. The user shall bear all legal responsibilities arising from this.
  4. The user understands and agrees that for any claims, demands or losses claimed by any third party, including reasonable attorney fees, caused by the user's violation of this agreement, the user shall compensate ESS Monitor, its partner companies and affiliated companies to protect them from damage.

 

Force majeure and other exemptions

  1. The user understands and confirms that in the process of using the service, risk factors such as force majeure may be encountered, which may cause the service to be interrupted. Force majeure refers to an objective event that cannot be foreseen, cannot be overcome, cannot be avoided, and has a significant impact on one or both parties, including but not limited to the natural disasters such as floods, earthquakes, epidemics and storms, etc., and social events such as wars, turmoil, and government actions. When the above situation occurs, we will work hard to cooperate with relevant units as soon as possible to repair the system in a timely manner, but we and the cooperative unit take no responsibility for the losses to the users or the third parties within the scope permitted by law.

  2. Like most internet services, this service may be harassed by various security issues for different factors including but not limited to user reasons, network service quality and social environment. The security issues include the following: the use of user data by others to cause the harassment in the real life; other software downloaded and installed by users or other visited websites contain viruses like "Trojan horses", which threaten the security of users' information and data on the computer, and then affect the normal use of this service. Users should strengthen the awareness of the information security and the user data protection, and should pay attention to strengthening the password protection to avoid loss and harassment.

  3. The user understands and confirms that the service may be interrupted or cannot meet the user requirements for the following reasons: force majeure, computer viruses or hacker attacks, system instability, user location, user shutdown, other technology, internet, and communication line. We does not assume any responsibility for any loss to the users or the third parties caused by the above risks.

  4. The user understands and confirms that there is misleading, deceptive, threatening, defamatory, offensive or illegal information from any other person during the use of this service, or anonymity information that violates the rights of others; We does not assume any responsibility for any loss of users or third parties caused by the information or the acts accompanying the information.

  5. The user understands and confirms that we needs to overhaul or maintain ESS Monitor or related equipment regularly or irregularly. If the action above causes the service interruption within a reasonable time, we does not need to take any responsibility for it, but we should notify users in advance.

  6. We obtains the right to deal with the illegal contenting accordance with laws and regulations as well as this agreement. But the right does not represent the obligations or commitments of we. We cannot guarantee the timely detection of illegal or breach of contract and proceed accordingly.

  7. The user understands and confirms that we does not have to bear any responsibility for the quality defects of the following products or services provided by ESS Monitor to the user and any losses caused by them:

    • Free service provided by we
    • Any product or service presented by we

  8. Under any circumstances ,we shall not be liable for any indirect, consequential, punitive, incidental, special or penal damage, including the loss of profits suffered by users from using ESS Monitor or this service ( Even if ESS Monitor has been informed of the possibility of such losses). Although there may be contradictory provisions in this agreement, we’s full responsibility to the user, regardless of the reason or ways of behavior, will never exceed the cost paid by the user to we for using the services provided by ESS Monitor (If any).

 

Service change, interruption and termination

  1. In view of the particularity of the network services, the user agrees that we has the right to change, interrupt or terminate part or all of the services (including fee-based services) at any time. When ESS Monitor changes, interrupts or terminates services, we should notify users in advance, and provide equivalent alternative services to the affected users; if users are unwilling to accept alternative services and the user has paid the service fee to we, we shall refund the remaining service fee to the user account after deducting the corresponding service fee according to the actual use of the service by the user.

  2. In any of the following situations occurs, we has the right to change, interrupt or terminate the free service or the paid service provided to the user without any responsibility to the user or any third party:

    • According to the law, users should submit the real information. However, the personal information provided by the user is not true or inconsistent with their gist ration information and fails to provide reasonable proof;
    • The user violates relevant laws and regulations or the provisions of this agreement;
    • In accordance with the legal provisions or requirements of the competent authorities;
    • For safety reasons or other necessary circumstances.

 

"ESS Monitor world" Service Description and Disclaimer

  1. ESS Monitor's "Share on ESS Monitor world" function section is based on geographic location, sharing the operating data, working status, historical power generation and other data of the system or equipment at the user's installation site.
  2. All information released by the Share on ESS Monitor world, including but not limited to the geographic location information, equipment operating data, working status, and historical power generation data, are directly or indirectly derived from user authorization.
  3. The user-defined text and pictures of the installation site, including but not limited to the banner, profile photo, system information, view of installation, Installation tags, and installation configuration, are all uploaded and published by the user. ESS Monitor is not responsible for the authenticity, accuracy, or timeliness, completeness, and compliance of the above-mentioned information.

 

Others

ESS Monitor solemnly reminds users to pay attention to the clauses in this agreement that exempt we from liability and limit user rights. Please read carefully and consider risks independently.

The validity, interpretation and dispute settlement of this agreement are applicable to the laws of the People's Republic of China. If there is any dispute between the user and we, it should be settled through friendly negotiation first. If the negotiation fails, the user agrees to submit the dispute to the people’s court with jurisdiction in the place of we.

No matter any clause of this agreement is invalid or unenforceable for any reason, the remaining clauses are still valid and binding on both parties.

We respect and protect the personal privacy of all users who are using the service. In order to provide you with more accurate and personalized services, we will use and disclose your personal information in accordance with the provisions of this privacy policy. But we will treat this information with a high degree of diligence and prudence. Except as otherwise provided in this privacy policy, we will not disclose this information or provide it to a third party without your prior permission. We will update this privacy policy from time to time, and it will take effect immediately upon release. If you do not agree to this privacy policy or the newly released privacy policy related agreements, please stop using ESS Monitor related services immediately. If you continue to use it, you will be deemed to be bound by this privacy policy.

Scope of application

  1. When you register for a ESS Monitor account, you provide the personal registration information required by ESS Monitor;
  2. When you use the ESS Monitor network service or visit the ESS Monitor webpage, ESS Monitor automatically receives and records the information on your browser and computer, including but not limited to your IP address, browser type, language used, and access Data such as date and time, software and hardware characteristics information and web page records you need;
  3. we obtains user personal data from business partners through legal means.

You understand and agree that the following information does not apply to this privacy policy

  1. The information you published on ESS Monitor are collected by ESS Monitor, including but not limited to the participation information, transaction and evaluation details;
  2. Violation of legal provisions or violations of ESS Monitor rules and the measures ESS Monitor has taken against you.

The use of information

  1. ESS Monitor will not provide, sell, rent, share or trade your personal information to any unrelated third party, unless getting your permission in advance or the third party and ESS Monitor (including ESS Monitor affiliates) provide services to you individually or jointly. And after the end of the service, the third party will be prohibited from accessing all these materials that it was able to access before.
  2. ESS Monitor also does not allow any third party to collect, edit, sell or disseminate your personal information by any means. If any ESS Monitor user engages in the above activities, once discovered, ESS Monitor has the right to immediately terminate the service agreement with the user.
  3. For the purpose of serving users, ESS Monitor may use your personal information to provide you with information that you are interested in, including but not limited to sending you product and service information, or sharing information with ESS Monitor partners so that they can send you information about its products and services (the latter requires your prior consent).

Information Disclosure

Under the following circumstances, ESS Monitor will disclose your personal information in whole or in part according to your personal wishes or legal requirements:

  1. Disclosure to a third party with your prior consent;
  2. To avoid the immediate danger to your life, body or property;
  3. In order to provide the products and services you request, you must share your personal information with the third parties;
  4. Disclose your personal information to the third parties or administrative or judicial institutions in accordance with relevant provisions of the law, or the requirements of administrative or judicial institutions;
  5. If you violate relevant Chinese laws, regulations or ESS Monitor service agreement or related rules, you need to disclose your personal information to a third party;
  6. If you are a qualified intellectual property complainant and have filed a complaint, you should disclose it to the respondent at the request of the respondent so that both parties can deal with the possible rights disputes;
  7. In a transaction created on ESS Monitor, if any party to the transaction fulfills or partially fulfills the transaction obligation and requests information disclosure, ESS Monitor has the right to decide to provide the user with the necessary information such as the contact information of the counterparty to facilitate the completion of the transaction or settlement of the disputes.
  8. Other disclosures that ESS Monitor considers appropriate in accordance with laws, regulations or website policies.

Information storage and exchange

The information and data collected by ESS Monitor about you will be stored on the servers of ESS Monitor and/or its affiliates. The information and data may be transmitted to your country, region or outside the country where ESS Monitor collects the information and data and they may be accessed abroad, stored and displayed.

The use of Cookies

  1. If you do not refuse to accept cookies, ESS Monitor will set or access cookies on your computer so that you can log in or use ESS Monitor services or functions that rely on cookies. ESS Monitor uses cookies to provide you with more thoughtful and personalized services, including promotional services.
  2. You have the right to choose to accept or refuse to accept the cookies. You can refuse to accept cookies by modifying your browser settings. But if you choose to refuse to accept the cookies, you may not be able to log in or use ESS Monitor network services or functions that rely on cookies.
  3. This policy will apply to the relevant information obtained through cookies set by ESS Monitor.

Information Security

ESS Monitor account has security protection function. Please keep your user name and password information properly. ESS Monitor will take security measures like encrypting user passwords to ensure that your information would not be lost, abused and altered. Despite the aforementioned security measures, please note that there is no "perfect security measure" on the information network.

Disclaimer

In addition to the exemption provided in Article 3 above, ESS Monitor does not need to assume any liability in the following situations:

  1. Due to your negligence in custody, you inform others of the user password or share the registered account with others, and any personal data leakage caused thereby.

  2. Any personal data leakage, loss, theft or tampering caused by force majeure that affects normal network operations, such as hacking, computer virus intrusion or attack and temporary shutdown due to government control.

  3. The leakage of personal data caused by other mobile interfaces linked to ESS Monitor and any legal disputes and consequences resulting there from.

     

     

    The right to modify and update the privacy statement of “ESS Monitor” belongs to we