Messaging Services Terms & Conditions

The Enphase short message service (“SMS”) and multimedia messaging service (“MMS”) (collectively, the “Messaging Service”) is operated by Enphase Energy, Inc., 47281 Bayside Pkwy., Fremont, CA 94538 and its affiliated subsidiaries (“Enphase”, “we”, or “us”). Your use of the Messaging Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Messaging Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Messaging Service following the effective date of any such changes shall constitute your acceptance of such changes.

1. We do not charge for the Messaging Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

2. Text messages may be sent using an automatic telephone dialing system or other technology.

3. Your consent to these terms is not a condition to purchasing any goods or services.

4. If you have or use Enphase products or applications, like the Enlighten application, and have opted in, the Messaging Service provides transactional messages: updates, alerts, order updates, account alerts, or other system information. Message frequency varies depending on the alerts, configuration, and settings of your system.

5. If you have opted in to receive marketing information, the Service provides promotions, specials, and other marketing offers (e.g., cart reminders) from Enphase via text messages through your wireless provider to the mobile number you provided. Message frequency varies but is generally no more than 1 message per month.

6. If you have opted in to receive text messages related to technical or customer support issues, the Messaging Services may provide transactional messages, responses, or status updates related to your inquiry. Message frequency will vary depending on the nature of the issue and the time to resolution.

7. If you have contacted us to access your account or reset your password, the Messaging Services may provide a code for two-factor authentication, a one-time password to authenticate your identity. Message frequency is limited to as needed to authenticate you or to verify your identity.

8. To receive information on Enphase products and services, text any message (or a blank message) to ENPSS to receive Enphase SMS Alerts. When you opt-in to the service, we will send you a message to confirm your signup including important information.

9. For Messaging Service support or assistance, including information how to use our service, what keywords are supported, and how to unsubscribe, text ‘HELP’ to ENPSS.

10. You can cancel this service at any time. Just text "STOP" to 367427. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time, and we will start sending messages to you again.

11. For all questions about the services provided by this short code, you can send an email to support@enphase.com or contact us on the toll-free number +1 (877) 797-4743 (Option 2).

12. Short code service (currently ENPSS for marketing messages) is available through participating carriers, which may include the following and which may change from time to time: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Wireless carriers supported by the Service are not liable for delayed or undelivered messages.

13. We may change any short code or telephone number we use to operate the Messaging Service at any time and will notify you of these changes. You acknowledge that any messages, including any ‘STOP’ or ‘HELP’ requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

14. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Messaging Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Messaging Service.

15. The Messaging Service and use of the Messaging Service are subject to Enphase’s Privacy Policy and Terms of Service.

16. Arbitration Agreement. Applicability of Arbitration Agreement. Any dispute, claim, or controversy arising from or relating to, these Terms or your access or use of the Websites or the Services, shall be submitted to mandatory, final, and binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or Enphase may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

Arbitration Rules and Forum. For any dispute, claim, or controversy with Enphase in connection with the Websites or the Services, you shall first contact Enphase at legal@enphaseenergy.com and attempt to resolve the dispute with us informally. If the dispute has not been resolved after sixty (60) days, both parties shall resolve such dispute through binding arbitration under the Optional Expedited Arbitration Procedures then in effect for the Judicial Arbitration and Mediation Services (“JAMS”). 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 shall be conducted by a single 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 Santa Clara County, California. If JAMS is not available to arbitrate, the parties shall select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Enphase will pay them for you. In addition, Enphase shall reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of the parties. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the you and Enphase.

Waiver of Jury Trial. YOU AND ENPHASE HEREBY WAIVE ANY CONSTITUTIONAL, STATUTORY, OR OTHER LEGAL RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Enphase are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in sections above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE INDIVIDUAL CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then such claim must be severed from the arbitration and brought into the State or Federal Courts located in San Francisco, California. All other claims shall be arbitrated.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to Enphase Energy, Inc., 47281 Bayside Parkway, Fremont, California, 94538, attention: General Counsel, within thirty (30) days after first becoming subject to this Arbitration Agreement. You may also opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to the following email address: legal@enphaseenergy.com . Your notice must include your name and address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability. Except as provided above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms shall continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Enphase.