Mobile Connect Data Extension Terms & Conditions
Updated: December 26, 2023
The following Mobile Connect Data Extension Terms and Conditions (“Terms and Conditions”) will apply to anyone who purchases and/or uses (“you”, “your”) extended Enphase monitoring, software/firmware upgrades, and other remote services (“Connected Services”) offered via your existing Enphase Mobile Connect Device CELLMODEM-03, CELLMODEM-M1, CELLMODEM-M1-06-AT-05 family (“Cellular Modem Terms”).
1. Cellular Modem Description, Use, Unauthorized Use Limitation on Use. The Cellular Modem must be used only in conjunction with Enphase’s IQ Gateway/IQ Combiner products. The Cellular Modem must not be used for any unlawful purpose(s), and you will indemnify, defend, and hold Enphase harmless from any and all fines, penalties, losses, or damages of any kind (including any attorney’s fees incurred by Enphase) arising from your use of the Cellular Modem for any unlawful purpose.
2. Mobile Connect Data Extension Description, Use, Unauthorized Use Limitation on Use. This is an extension to Enphase monitoring, software/firmware upgrades, and other remote services offered via your existing Cellular Modem. This extension will enable you to continue using the same physical hardware to have access to the Connected Services, beyond the 5-year access you had originally obtained, instead of having to purchase a new physical device. The extension is not transferrable to any other site other than the original intended site for which the extension is purchased. If you purchase a new Cellular Modem for the same site and deactivate the initial Cellular Modem at that site, then the remaining duration of the extension may be transferred to extend the service of the new Cellular Modem. Please contact Enphase Support for details and to transfer the extension. You must use the Cellular Modem in the manner detailed in the Enphase Mobile Connect Data Extension Installation Guide, and comply with the applicable terms in the Enphase Limited Warranty which can be found at www.enphase.com/warranty.
3. Territory. The Mobile Connect Data Extension shall only be used in the United States, United States territories (including Puerto Rico, Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and Guam), Canada, and Mexico. Enphase in its sole discretion reserves the right to add or delete counties wherein the Cellular Modem may be used.
4. Network Coverage. Network coverage and continued connectivity is dependent upon network availability which is the responsibility of the network service provider. Enphase makes no representations and warranties regarding network availability and Enphase shall have no responsibility, nor any liability to any end user, for the network service provider’s non-coverage, lack of coverage, defective coverage, or termination of coverage. For the avoidance of doubt, Enphase disclaims any liability that may arise from the network service provider’s non-coverage, lack of coverage, defective coverage, or termination of coverage, and you release Enphase from any and all known and unknown claims that you may have relating to the coverage provided, or the termination of coverage provided by the network service provider.
5. Connectivity. Cellular Modem connectivity is subject to the telecommunication regulations and policies and terms of the network service providers, and the applicable laws of the country in which the Cellular Modem is located and installed.
6. Acceptable Use Policy. You represent and warrant that you will conform to the applicable acceptable use policy (“AUP”) posted on the applicable network provider's website (listed below), and you alone will be responsible for ensuring compliance with its terms. You will indemnify, defend, and hold Enphase harmless against any claims, damages or losses suffered by Enphase arising from your breach or alleged breach of the AUP.
For Cellular Modems with:
AT&T connectivity – The AUP available at https://www.att.com/legal/terms.aup.html shall apply.
Sprint/T-Mobile connectivity – The AUP available at https://www.sprint.com/en/legal/acceptable-use-policy.html shall apply.
