Permit Assistance & Design Review Services Terms & Conditions

1. Overview

These Terms and Conditions (the “Terms”) apply to the purchase of the permit assistance and/or design review services (the “Services”) from Enphase Energy, Inc. (“ Enphase,” “we,” “us,” or “our”). The term “you,” or “ your” refer to you and any individual purchasing a Service from Enphase.

These Terms incorporate the following terms:

• Enphase Energy’s general Terms of Service (“ General ToS”), available here.

• Our privacy policy, available here.

In the event of any conflict with these Terms and the General ToS, the Terms will prevail, unless otherwise provided for by applicable law.

2. Services

Enphase, provides the following Services either directly or through a third-party service provider: Permit Assistance and Design Review services. The Services shall be dependent and rely on information you provide through Enphase’s Enlighten platform (the “Information”).

a) Permits. Permits are granted by the relevant local regulatory authorities, based on the submissions you make including the permit application. Enphase will provide (i) assistance in preparing permit and installation design drawings for residential PV systems; (ii) review and stamping of drawings by a structural engineer; (iii) review and stamping of drawings by an electrical engineer, and other associated services at Enphase’s discretion. If the drawings we deliver with do not comply with the specifications as contained in the Information (defined below) you provide to us, you may submit a request for rework, describing the non-compliance. The grant of the Permit may take more time than indicated at the time of purchase of the Services. For the avoidance of doubt, we do not make any representation or warranty that the drawings we provide will result in your permit application being granted, and the Services are provided on an as-is basis.

b) Design Review: The Design Review Services will confirm the following:

• PV system to Encharge Storage System (ESS) power ratio complies with Ensemble Planning Guide sizing table

• Enpower Smart Switch

- Installation complies with 2017 NEC 705.12 Point of Connection requirements

- Breaker ratings are properly specified

- Encharge AC circuit breakers shall comply with 2017 NEC 710.15 (E). Specify breaker and hold down kit compatible models.

• Backup Load Analysis and Encharge Storage System Sizing

- Encharge Storage System (ESS) complies with 2017 NEC 710.15 (A), the system can support the largest load

- Selected backup loads will provide a good system owner experience

• Production and Consumption CTs are shown and located correctly

• Communications

- Equipment is located close to each other to ensure good wireless communications and PV microinverter powerline communications

- The required primary Wi-Fi / Ethernet and secondary Mobile Connect internet connections are shown

3. Eligibility

In order to purchase the Services, you must be an installer registered with Enphase Energy Inc.

4. Required Information

In order to receive the Services, you must provide Enphase with the Information, which include certain documents and data as required by Enphase on the Enlighten Platform. These documents and data may include, but is not limited to:

• Customer Name

• System name (pre-filled based on selected system)

• Zip (pre-filled based on selected system)

• Address (pre-filled based on selected system)

• System Name

• System Type

• Solar System Size

• Storage Size

• Site map /plan

• Load Calculation

• Pictures and Location of Main Service Panels, Main Breaker

• Single line diagram

• Load calculation .csv

• Site photos

Enphase reserves the right to request any further details that would form part of the Information, as reasonably required to provide the Services. By submitting the Information, you represent and warrant that the Information you provide is true and correct. Please note Enphase reserves the right to decline or cancel orders, in whole or in part, at any time, if you fail to provide any of the information required.

5. Privacy

Enphase’s Privacy Policy, available here, will apply to the Information you submit under these Terms.

6. Payment

You may be required to supply your credit card details when you place your order for the Services. You agree to pay all fees and charges for your purchase of the Services. You agree that Enphase may charge your credit card through the services of our payment service provider’s portal. We reserve the right to verify the identity of the credit card holder by requiring appropriate documentation. We may seek pre-authorization of your card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. All payments are final and no refunds will be given once you have placed your order for the Services. For the avoidance of doubt, no refunds will be given to you in the event that your permit application is rejected by the appropriate authorities.

If non-payment occurs due to a failed credit card transaction, then we may reject the applicable order.

We accept Discover Network, Visa, MasterCard, American Express credit cards, through our third-party payment service provider’s portal. Stripe, Inc. (“Stripe”) is our third-party payment service provider. By purchasing the Service through Enlighten, you hereby consent and authorize our use of Stripe to process your payment. We disclaim all liability with regards to any fees or problems you have with Stripe. Please call (877) 797-4743 for additional information.

Our payment service provider and the credit and debit cards we accept may change without notice.

7. Promotional Codes

If you have a promotional code that may be redeemed for the Services, the Promotional Code must be submitted at the time the Services are purchased through Enlighten and cannot be applied retroactively. Enphase promotional codes have no cash value.

8. Processing

By submitting the Information to Enphase, you authorize Enphase and its authorized service providers, to prepare the drawings on your behalf. Additionally, you authorize Enphase or its authorized representative to contact you for the purpose of requesting additional information or clarification of Information you have submitted. You will use reasonable efforts to respond to all such requests promptly and completely.

9. Limitation of Liability

Notwithstanding anything contained in these Terms, the Privacy Policy, or the General ToS, you agree that, to the full extent permitted by applicable law, Enphase has no liability for indirect, incidental, exemplary, punitive or consequential damages with respect to the Services, regardless of whether we have been advised of the possibility of such damages. We shall not be liable for any damages resulting from your access to or use of, or inability to access or use, the Enlighten application. In no event shall our aggregate cumulative liability under these Terms, for the Services, exceed the amount paid by you for such Services. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.