sonnenConnect

sonnenConnect Terms and Conditions

1.1 sonnenConnect is an optional enrollment program for Customers of sonnen, Inc. (“sonnen”) that wish to have their sonnen energy storage system managed remotely by sonnen and its agents and contractors. Through sonnenConnect, sonnen is able to remotely discharge and charge the Customer’s energy storage system in response to solar generation and local power needs, and also is able to treat multiple units in a geographic area as a collective power generating resource. In doing so, sonnen is able to reduce the cost of electricity that the Customer purchases from the grid by adjusting the time of purchase, as well as providing electricity to the grid when it is needed most and derives the most value for our end consumers. As such, sonnen has the capability of providing energy services that both improve the efficiency of the Customer’s electrical use and the efficiency of the greater electrical grid.

1.2 sonnen strives to make the sonnenConnect program available to as many Customers as possible. Eligibility and specific “Participation Options” for the sonnenConnect program are determined by a number of factors, including but not limited to: (a) sonnen energy storage system model, (b) installation location and system ownership, (c) availability of renewable energy sources at the installation location, (d) local grid power supplier (e.g., electric utility) interconnection rules and regulations, (e) state or local electric rules and regulations, and (f) local electric market opportunities. sonnen cannot guarantee program availability for all Customers.

1.3 By enrolling in sonnenConnect, Customers agree to be bound by these sonnenConnect Terms and Conditions unless otherwise agreed in writing.

1.4 Not all members of the sonnenConnect community will have the exact same Participation Options due to variation in local markets. Please see the following link for additional information related to sonnenConnect Participation Options in your area: [insert link here for programs and rate structures in different markets].

1.5 Depending on the nature and circumstances of Customer’s enrollment in sonnenConnect, Customer may be entitled to periodic payments and/or a share of revenue generated from Customer’s participation in sonnenConnect. Compensation to Customer based on revenue share (where available) may be estimated based on Customer’s system performance during specific events and the broader participation of regional Customers in those events. Customer agrees and understands that compensation is therefore a result of estimated contribution to the broader sonnenConnect program, and that detailed event-by-event revenue information is not available. Customer releases sonnen and its agents and contractors from any liability for payment for specific events and from any and all obligation to provide detailed event-by-event calculations of revenue derived from each individual Customer.

1.6 sonnen does not take a “cut” or a “share” of any revenue generated from Customer’s participation in sonnenConnect. However, sonnen’s agents and contractors may charge service fees for providing access to Local Energy Options (as defined below) and may withhold those service fees from collected revenues. Additionally, sonnen reserves the right to withhold its own reasonable costs for the administration of the sonnenConnect program on Customer’s behalf. Customer agrees and understands that sonnen and its agents and contractors may retain such administrative service fees from revenue generated (if any), and that because of the nature of aggregation of multiple energy storage systems in sonnenConnect, these fees may be spread evenly across all participants in sonnenConnect and not itemized for each Customer.

1.7 Customers may be incentivized or directed to enroll in sonnenConnect by the retailer or installer that is responsible for the Customer’s energy storage system. However, sonnen is not responsible for specific incentives offered by the retailer or installer. Similarly, the retailer or installer is not responsible for operation or payment for services rendered under the sonnenConnect program.

1.8 With the exception of guaranteed periodic payments (where available, see program documentation), neither sonnen nor the Customer’s retailer or installer can guarantee any specific payout or compensation that will result from participation in the sonnenConnect program. Any and all additional statements regarding financial compensation from the sonnenConnect program are estimates only. By enrolling in the sonnenConnect program, Customer releases sonnen and the Customer’s retailer or installer from any liability for failure to achieve projected or actual income generated from sonnenConnect.

2.1 The sonnenConnect program involves proactive management of the Customer’s sonnen energy storage system, including but not limited to: (a) proactive storage of the Customer’s on-site generation to enhance use of low-cost energy during high-cost power periods, and (b) enrollment in various state and local energy programs or market programs, including but not limited to programs for demand response, load management, frequency response, day-ahead energy markets, and more (hereinafter, the “Local Energy Options”). sonnen’s discretionary participation in Local Energy Options in each market will form the overall Participation Options available to Customers in that market through sonnenConnect. sonnen reserves the right to change its participation in the Local Energy Options, and therefore alter the available Participation Options, in its discretion. Significant alterations to Customer’s package of Local Energy Options will be disclosed via electronic communications and Customer will be provided with a summary of the expected behavior and associated additional benefits to the consumer as a result.

2.2 The Local Energy Options are programs typically administered by independent state agencies, electric power providers, and/or third-party service providers hired by the state or utilities, among others. By enrolling in sonnenConnect, the Customer agrees to be bound by the terms and conditions of any Local Energy Options in which it is enrolled. Upon request, sonnen can direct the Customer to additional information about the Local Energy Options available in the Customer’s area, and to their terms and conditions. Please contact sonnenConnectUSA@sonnen-batterie.com.

2.3 Enrollment in certain Local Energy Options may require express authorization and agreement by the Customer. By enrolling in sonnenConnect, the Customer agrees to cooperate with sonnen in providing Customer authorizations and any additional information that may be required to participate in the Local Energy Options. Additionally, to the extent allowed by certain Local Energy Options and by state regulations, the Customer authorizes sonnen to enroll the Customer in individual Local Energy Options in its discretion and without additional notice. sonnen will not alter the Customer’s interconnection agreement or electric rate plan without the Customer’s express written consent.

2.4 At times, Local Energy Options are exclusive. That is, participation in one Local Energy Option may exclude participation in another. By enrolling in the sonnenConnect program, the Customer agrees that sonnen may require the Customer to exit specific Local Energy Options or programs in order to participate in other Local Energy Options. The Customer also agrees to allow sonnen to choose which of two mutually exclusive options to enroll in.

2.5 Enrollment in Local Energy Options typically requires discharge of the Customer’s energy storage system into the local electrical grid at targeted times. sonnen does not always have advance notice of these grid discharges. sonnen will utilize its best efforts to ensure that the Customer’s energy storage system has sufficient energy capacity reserves to participate in as many local energy events as possible but cannot guarantee full participation.

2.6 Many Customers have designed their systems to have backup power, with minimum energy capacity reserves (as defined below). Participation in local energy events may temporarily utilize the Customer’s energy capacity reserves down to the designated buffer, leaving the system with limited backup power in the event of a grid outage. By enrolling in sonnenConnect, Customer releases sonnen and its agents and contractors from any liability for Customer’s inability to participate in specific local energy events or failure to provide full backup power in the event of a local grid outage.

2.7 In circumstances when the forecast solar irradiance for the Customer’s area on any given day falls below normal, thereby reducing the anticipated availability of solar power, it is advantageous to charge the Customer’s energy storage system from the local power grid provider at different times of day, including during off-peak hours when energy costs are lowest, in order to ensure that Customer’s energy storage system has sufficient charge to offset Customer’s usage during higher energy cost hours and/or participate in the Local Energy Options. Customer expressly authorizes sonnen to charge the Customer’s energy storage system from the local power grid provider at Customer’s expense in order to reduce Customer’s overall electric usage bill from peak hours and/or obtain greater compensation to the Customer from participation in a Local Energy Option, in sonnen’s reasonable discretion.

Initials ________

2.8 Upon enrollment in sonnenConnect, Customers with the backup power option agree to have the backup buffer of their energy storage system set to 20% as a default value. For active sonnenConnect participants, sonnen allows the backup buffer to be routinely set up to a maximum of 30% backup buffer. The Customer may, on a given day where a local energy event may be called, effectively opt out by setting the backup buffer on their energy storage system to 100% via the sonnenApp. sonnenConnect will only utilize the energy stored in excess of the backup buffer. However, if the buffer is left above 30% for an extended period of time or so frequently as to impair regular participation in Local Energy Options, sonnen reserves the right to request the Customer to lower their backup buffer and/or in extreme circumstances to exit the Customer from sonnenConnect in order to provide fair participation standards for other Customers. For Customers that do not have a backup power configuration, the energy storage system may be set to maintain the minimum state of charge required for system health. For these Customers, sonnen will reset the minimum state of charge if it discovers that it has been inadvertently changed.

2.9 sonnenConnect Operations & Support team are available to address any questions, concerns, and/ or help whenever needed at sonnenConnectUSA@sonnen-batterie.com.

3.1 In order to participate in the Local Energy Options, it is sometimes necessary to obtain and/or exchange energy usage information with the Customer’s local grid power supplier (e.g., electric utility), sonnen, and sonnen’s agents and contractors. By enrolling in sonnenConnect, Customer agrees to authorize its local grid power supplier to share the Customer’s energy usage data and information with sonnen and sonnen’s agents and contractors for the limited purpose of administering sonnenConnect.

3.2 Similarly, Customer authorizes sonnen and sonnen’s agents and contractors to share the Customer’s energy usage data and information with administrators of the Local Energy Options as needed to participate in the Local Energy Options and to comply with local laws and regulations.

3.3 From time to time, sonnen may provide generalized, non-identifiable summary information about the overall energy usage of sonnenConnect customers and the impact of the sonnenConnect program to local government agencies, utilities, or public interest groups for the purposes of informing energy policy and the development of new Local Energy Options. sonnen may also publish research articles including generalized, non-identifiable summary information about the overall energy usage of sonnenConnect customers and the impact of the sonnenConnect program for educational purposes. Customer agrees and consents to the use of its energy data for these purposes, and understands that the Customer’s personally identifying information will not be included in any such summaries or reports.

3.4 sonnen’s Privacy Policy is available at https://sonnenusa.com/en/privacy-policy. By enrolling in sonnenConnect, the Customer agrees that it has reviewed sonnen’s Privacy Policy and understands the types of data that sonnen may collect. sonnen does not sell personal information. Customers may opt out of receiving future marketing and promotional communications from sonnen at any time by e-mailing ccpa@sonnen-batterie.com, but doing so may limit the number of options for participation that the Customer receives notice of under the program. Customer will continue to receive communications directly related to performance of services by sonnen for Customer as long as they remain enrolled in sonnenConnect.

4.1 Customer may reach out to sonnen at sonnenConnectUSA@sonnen-batterie.com at any time to discuss cancellation options. sonnen does not charge penalties for cancellation of the sonnenConnect program. However, cancellation may cause sonnen to incur costs or penalties for mid-commitment cancellation of certain Local Energy Options and reserves the right to pass these costs along to the Customer and/or withhold them for any payments that might be due to the Customer at the time of cancellation. It may take up to thirty (30) days to effect cancellation of all Local Energy Options in which the Customer is enrolled through its Participation Option.

5.1 READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH CUSTOMER CAN SEEK RELIEF FROM SONNEN, INC. For any dispute with sonnen, Inc. in connection with sonnenConnect, the Customer agrees to first contact sonnen at sonnenConnectUSA@sonnen-batterie.com and attempt to resolve the dispute informally. If the dispute has not been resolved after 90 days, each party agrees to resolve such dispute through binding arbitration under the Optional Expedited Arbitration Procedures then in effect for the Judicial Arbitration and Mediation Services (“JAMS”). CUSTOMER AGREES AND UNDERSTANDS THAT BY ENROLLING IN SONNENCONNECT, CUSTOMER IS GIVING UP THE RIGHT TO BRING A CLAIM IN FRONT OF A JURY, AND IS WAIVING A RIGHT TO JURY TRIEL.

5.2 JAMS may be contacted at www.jamsadr.com. The existence, content and result of the arbitration shall be held in confidence by all participants. The arbitration will be conducted by a single neutral arbitrator selected by agreement of the Parties or, failing such agreement, appointed in accordance with the JAMS rules. The arbitration shall be conducted in English and in Atlanta, Georgia. The Customer encouraged to use counsel. If the Customer is using the sonnenConnect program commercial purposes, each Party will bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator may, in their discretion, award reasonable costs and fees to the prevailing Party. If the Customer is an individual using the sonnenConnect program for non-commercial purposes: (i) JAMS may require the Customer to pay a fee for the initiation of the case, unless the Customer applies for and successfully obtain a fee waiver from JAMS; (ii) costs such as remaining JAMS filing fees, Case Management Fees, and professional fees for the arbitration will be borne by sonnen, and (iii) the award rendered by the arbitrator may include the winning party’s costs of arbitration, and depending on Customer’s state of residence reasonable attorney's fees, and reasonable costs for expert and other witnesses. Nothing in this Section shall be deemed as preventing sonnen, Inc. from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

5.3 ALTERNATIVELY, FOR CLAIMS WITHIN THE JURISDICTIONAL LIMIT OF THE SMALL CLAIMS COURT IN THE STATE ENCOMPASSING YOUR BILLING ADDRESS, EITHER YOU OR SONNEN CAN CHOOSE TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT INSTEAD OF PROCEEDING IN ARBITRATION; FURTHERMORE, IF THE CLAIMS IN ANY REQUEST OR DEMAND FOR ARBITRATION COULD HAVE BEEN BROUGHT IN SMALL CLAIMS COURT, THEN EITHER YOU OR SONNEN MAY CHOOSE TO HAVE THE CLAIMS HEARD IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, AT ANY TIME BEFORE THE ARBITRATOR IS APPOINTED, BY NOTIFYING THE OTHER PARTY OF THAT CHOICE IN WRITING. IF THIS PROVISION OR THE LIMITATION ON BRINGING ACTIONS TO SMALL CLAIMS COURT IS FOUND TO BE INVALID, THEN THIS PROVISION SHALL BE SEVERABLE AND THE MATTER WILL PROCEED IN ARBITRATION; IN NO WAY WILL THIS PROVISION ALLOW FOR AN ACTION TO BE BROUGHT ON A CLASS OR COLLECTIVE BASIS.

5.4 ENROLLMENT IN SONNENCONNECT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE JAMS PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THE SONNENCONNECT PROGRAM. ANY QUESTION REGARDING THE ENFORCEABILITY UNDER APPLICABLE LAW OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR. IF A COURT DETERMINES THAT THE PROHIBITION ON CLASS ARBITRATIONS OR THE LIMITS ON THE ARBITRATOR’S AUTHORITY CANNOT BE ENFORCED UNDER APPLICABLE LAW AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE, WHICH MAY PROCEED IN COURT EITHER ONCE THE ARBITRATED MATTERS HAVE CONCLUDED OR SOONER IF THE COURT SO REQUIRES. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, CUSTOMER AND SONNEN AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NO ACTION WILL BE BROUGHT ON A CLASS OR COLLECTIVE BASIS AND YOU AND SONNEN UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO SONNENCONNECT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

5.5 Enrollment in the sonnenConnect program, including the Terms in Conditions herein, do not in any way alter or supersede sonnen’s General Terms and Conditions, available at https://sonnenusa.com/en/general-terms-and-conditions/, or the terms and conditions in the sonnen Factory Limited Warranty, available at https://sonnenusa.com/en/warranty/, which are generally applicable to sonnen energy storage system purchases. In the event of any conflict between the Terms and Conditions contained herein and the sonnen General Terms and Conditions or Factory Limited Warranty, the General Terms and Conditions or Factory Limited Warranty control. Customer agrees and understands that the Factory Limited Warranty will not be extended as a result of participation in the sonnenConnect program.

5.6 EXCEPT AS EXPRESSLY PROVIDED IN THIS SONNENCONNECT TERMS AND CONDITIONS DOCUMENT AND AS OTHERWISE PROVIDED BY APPLICABLE LAW, SONNEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MATTERS INCLUDING BUT NOT LIMITED TO FITNESS AND/OR MERCHANTABILITY. SONNEN UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OR RELIABILITY OF THE SERVICES PROVIDED UNDER SONNENCONNECT. FURTHER, SONNEN ASSUMES NO RESPONSIBILITY THAT THE SERVICES WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THESE SERVICES, EXCEPT AS OTHERWISE PROVIDED IN THIS SONNENCONNECT TERMS AND CONDITIONS DOCUMENT OR BY APPLICABLE LAW. SONNEN DOES NOT WARRANT THAT YOUR SERVICE WILL WORK PERFECTLY, THAT ALL FEATURES WILL WORK AT ALL TIME, OR THAT IT WILL NOT BE NEGATIVELY AFFECTED BY UPGRADES, MODIFICATIONS, OR SIMILAR ACTIVITIES. ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER INCLUDED HEREIN OR IMPOSED BY OPERATION OF LAW, TERMINATE AT THE END OF THE CUSTOMER’S ENROLLMENT IN SONNENCONNECT.

5.7 CUSTOMER AND SONNEN EACH AGREE TO LIMIT CLAIMS AGAINST EACH OTHER SOLELY TO DIRECT DAMAGES. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO ANY OTHER PARTY, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES UNDER OR IN CONNECTION WITH THE SONNENCONNECT PROGRAM, INCLUDING ANY LOST PROFITS OR LOST DATA EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING UNDER CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, UNLESS SUCH CUASE OF ACTION ARISES OUT OF WILLFUL MISCONDUCT. SUCH LIMITATION SHALL NOT APPLY TO CONFIDENTIALITY OBLIGATIONS. CUSTOMER AGREES THAT SONNEN IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY CUSTOMER OR THIRD PARTIES, OR BY ACTS OF GOD.

5.8 EXCEPT IN THE CASE OF WILLFUL MISCONDUCT, NEITHER PARTY’S AGGREGATE LIABILITY (INCLUDING THE LIABILITY OF ITS AFFILIATES) TO THE OTHER PARTY FOR ACTUAL DIRECT DAMAGES FOR ANY CLAIM OR CLAIMS RELATING TO THE SONNENCONECT PROGRAM (INCLUDING UNDER ANY THEORY OF CONTRACT, BREACH OF WARRANTY, BREACH OF STATUTORY DUTY OR NEGLIGENCE, OTHER TORT OR OTHERWISE) WILL EXCEED ONE THOUSAND DOLLARS ($1000) PER ENROLLED ENERGY STORAGE SYSTEM PER YEAR. THE FOREGOING LIMITATION IS CUMULATIVE, AND THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THE FOREGOING LIMITATION.

5.9 sonnen reserves the right to update these sonnenConnect Terms and Conditions at any time, provided that it gives Customers at least thirty (30) days written notice of any updates.

5.10 sonnen reserves the right to cancel or otherwise modify or discontinue the sonnenConnect program at any time, provided that it gives Customers at least three (3) months written notice of any such cancellations and pays out all amounts due under the Customer’s specific Participation Options.

5.11 If either Customer or sonnen doesn't enforce its rights under these sonnenConnect Terms and Conditions in one instance, that doesn't mean that they won't or can't enforce those rights in any other instance. Customer cannot assign these sonnenConnect Terms and Conditions or any of Customer’s rights or duties under it without our permission. However, sonnen may assign this Agreement and any obligations thereunder without notifying Customer. 

5.12 If any of the sonnenConnect Terms and Conditions herein, including anything regarding the arbitration process, is ruled invalid, that part may be severed from this agreement and the rest enforced.

5.13 These sonnenConnect Terms and Connections and the documents that it incorporates form the entire agreement between Customer and sonnen. Any other documents or on anything said by any Sales or Customer Service Representatives will not form any part of the agreement between Customer and sonnen, and Customer has no other rights regarding Service or this agreement. This Agreement isn't for the benefit of any third party except our parent companies, affiliates, subsidiaries, agents, and predecessors and successors in interest.