Privacy Notice & Legal

Last Updated March 24 2026

These Terms of Service (“Terms”), together with any documents they expressly incorporate by reference, govern your access to and use of the mobile application (“App”) referenced below and associated website (“App Site” or “Site”) provided by Generac Power Systems, Inc. (together with its affiliates or its subsidiaries, including ecobee Technologies ULC, collectively, “Company,” “we”, “us,” or “our”) to you (“you” or “your”) for use pursuant to and subject to an end user license agreement (“End User License Agreement” or “EULA”) between Company and you or, as applicable, your employer (“Licensee”, “You”, or “Your” ), whether such license was granted directly from Company or through a third-party. Your access to and use of the App and Site is conditioned on your acceptance of and compliance with these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE APP. BY REGISTERING, ACCESSING, OR USING THE APP AND SITE, OR BY CLICKING THE “ACCEPT” BUTTON, YOU: (i) REPRESENT THAT YOU ARE THE LICENSEE OR YOU ARE DULY AUTHORIZED BY LICENSEE TO ACCESS AND USE THE APP AND SITE; AND (ii) ACCEPT THESE TERMS OF SERVICE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT REGISTER, ACCESS, OR USE THE APP AND SITE, AND DO NOT CLICK THE “ACCEPT” BUTTON, AND YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE APP.

You agree that by accepting these Terms and accessing or using the App and Site you are entering a legally binding agreement with Company based on these Terms, the EULA, and the privacy notice located, as applicable, available at https://www.generac.com/policies/privacy/ for Generac or https://www.ecobee.com/en-us/privacy-policy/?srsltid=AfmBOoo0ln4XE1xi65ECQjkX-XnyKa5ZJqbnsrzvOP3hkpUqevzeF5f7 for ecobee (collectively, the “Privacy Notice”), which is incorporated into these Terms by reference.

1. Definitions. For the purpose of these Terms, the following terms shall have the meanings hereinafter provided:

1. Aggregated Statistics mean data and information related to use of the Site that is used by Company in an aggregate or anonymized manner, including to compile statistical and performance information related to the provision and operation of the Site.
2. App means MobileLink or ecobee, as applicable
3. App Site, Site, or Web Portal means the Mobile Link™, app.mobilelinkgen.com, ecobee, https://www.ecobee.com/consumerportal
4. Data means any alerts, emails, text messages, notifications, or other information generated by the App device or the Services.
5. Company Account means any alerts, emails, text messages, notifications, or other information generated by the App device or the Services the account you may create after downloading the App.
6. Products means any equipment provided by Generac or ecobee that is associated with the Services.
7. Remote Applications mean, as applicable, any web-based or mobile device-based application provided by Generac or ecobee to provide certain services and functionality to registered users of Genera or ecobee Products. The ecobee Remote Applications also includes the eco+ service. Use of the Generac or ecobee Remote Applications is governed by the TERMS OF SERVICE, for which you are not obligated to use to access Company Services.

Services mean:

1. Mobile Link™ (“App”) device; to access and use of MobileLinkGen.com™ (“App Site”); to access and use of any mobile the Company provides to interact with the Products; and any Data.
2. eco+ to optimize your homes energy efficiency (Humidity, Smart Home and Away, Schedule Assistant), the available Time of Use rate structure of your utility provider and any Community Energy Savings Programs (as defined in the these Terms of Service) that your utility provider (“Utility”), Regional Transmission Organization, Independent System Operator, state agency, or third-party partners or implementors of such programs may issue (with your Utility, individually or collectively, “Program Administrators”).
3. Program Administrators means, as applicable for your Purchased Product(s), your utility provider (“Utility”), Regional Transmission Organization, Independent System Operator, state agency, or third-party partners or implementors of such programs may issue (with your Utility, individually or collectively, “Program Administrators”).

Overview of Services. The Company provides the “Services”. These Services allow you, as an owner of the Company Products, to remotely monitor and manage your generators using connected devices such as smartphones, tablets, or computers or optimize your homes energy efficiency (Humidity, Smart Home and Away, Schedule Assistant), the available Time of Use rate structure of your utility provider and any Community Energy Savings Programs (as defined in these Terms of Service) that your utility provider (“Utility”), Regional Transmission Organization, Independent System Operator, state agency, or third-party partners or implementors of such programs may issue (with your Utility, individually or collectively, “Program Administrators”).

1. Eligibility to Enter These Terms. The Services are not directed to children. Because privacy and consumer protection laws impose different minimum ages for using digital services without parental involvement, the following rules apply:

• United States. If you are under 13 (“Minor”), you may not use the Services. If you are 13–17, (each, a “Minor” collectively will be referred to as each “a Minor”) you may only use the Services if your parent or legal guardian:
  • reviews and agrees to these Terms on your behalf;
  • supervises the Minor's use of the Services;
  • assumes all risks associated with the Minor's use of the Services,
  • assumes any liability resulting from the Minor's use of the Services,
  • ensures the accuracy and truthfulness of all information submitted by the Minor; and
  • assumes responsibility and are bound by this EULA for the Minor's access and use of the Services.
• Canada (including Quebec Law 25). If you are under 14 (“Minor”), you may only use the Services if your parent or legal guardian provides express consent for the collection and use of your personal information.

  For users 14–17 (each a “Minor”), consent may be provided by you or your parent/guardian. We may require confirmation from a parent/guardian if sensitive information is involved.

If you become aware that a Minor is using the Site without the necessary permissions, please contact us immediately.

Account Access; Passwords. In order to use the App, you must have an existing or set up a new Company Account. By creating an account, you expressly agree to:

• provide accurate and complete information when you create your account.
• safeguard your username, password, and other account or login information confidential.
• supervise and be responsible for the use of your account.
• contact Company and promptly change your login information if you believe that an unauthorized person has access to your account or login information. We encourage you to use strong passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account and with other accounts that you may connect to your Company account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
• obtain and maintain all equipment and services needed for you to access and use the App.
• maintain the confidentiality of your login information, and protecting from damage, theft or hacking any computer, laptop, tablet, cell phone or smartphone to which Data is being sent to update you regarding your generator and/or from which you are accessing Services.
• comply with these Terms and the terms of any applicable ancillary agreement when you access and use the App or Site, and you are responsible and liable for all uses of the App or Site through access thereto provided by you, directly or indirectly.

Optional Accounts—Utility Account.

• To gain the full benefits of eco+, you must have an account with your Utility (“Utility Account”) or have the permission of the Utility Account owner to enter into these Terms. To achieve the full benefits of eco+, you also need to allow eco+ to connect to such Utility Account and share Data with such Utility Account, as is described below.
• To enable your use of eco+, you affirmatively direct Company to share your personal information with Program Administrators as necessary to implement the Community Energy Savings Programs. Additionally, you affirmatively consent to the release of your Utility Account data by your Utility to Company and other Program Administrators. In some jurisdictions, additional measures may be required by law or by your Utility in order for your Utility to recognize your consent to the release of your Utility Account Data. You acknowledge that you understand that if you do not consent to the release of your Utility Account Data by your Utility to Company and other Program Administrators, Company may be unable to provide certain eco+ features to you and you may not realize the full benefit of eco+.
• You agree to:
  1. provide true, accurate, current, and complete information regarding your Utility Account;
  2. maintain and promptly update the information you provide to Company; and
  3. not to provide any irrelevant data into any form or data entry field other than the data requested by Company for such field.

In the event that you provide, or Company reasonably suspects that you have provided, any information that is untrue, inaccurate, not current, or incomplete, then Company has the right to suspend or terminate your use of eco+ and refuse any and all current or future use of eco+.

You can delete your Company Account or, as applicable, Utility Account, at any time through the App, Site, or Contact Us methods below.

Unless expressly permitted in writing by Company, you may not sell, rent, lease, share, or provide access to your account to anyone else. Should you believe your login information or security for the App has been breached in any way, you must immediately notify Company.

2. Community Energy Savings Program Participation

Automatic Enrollment and Choice. If you activate eco+, you will automatically be enrolled in demand response programs and events initiated by Program Administrators relating to grid stabilization or demand management (“Default Community Energy Savings Programs”). These programs reduce energy consumption and load on the grid, reducing costs and the risks of brownouts and blackouts. You can opt out of participation in any and all Default Community Energy Savings Programs and their events at any time by deactivating the Default Community Energy Savings Program in the App, by contacting Customer Service at 1-877-932-6233, or by indefinitely deactivating eco+ within the App in the eco+ menu.

Eligibility and Enrollment Terms. You may be eligible to participate in additional demand response programs offered by Program Administrators, which may require you to accept additional Terms of Service and may offer you incentives for enrolling and participating in the program (“Additional Community Energy Savings Programs,” and together with Default Community Energy Savings Programs, “Community Energy Savings Programs”). In such cases, eco+ will seek to notify you of these third-party Terms of Service and allow you to opt into such Additional Community Energy Savings Programs. If you enroll into an Additional Community Energy Savings Program, you may receive notice of Additional Community Energy Savings Program events which will appear on your Purchased Product and applicable Company App. Note that if you opt in and enroll in an Additional Community Energy Savings Program, you will automatically be unenrolled from any Default Community Energy Savings Program. You can opt out of any in progress Additional Community Energy Savings Program event at any time, notwithstanding any clauses to the contrary set forth in your Utility’s Terms of Service, by deactivating the Additional Community Energy Savings Program in the ecobee App and submitting a request to the Program Administrator to unenroll.

Company does not determine customer eligibility for Community Energy Savings Programs. Those determinations are made solely by Program Administrators and are outside of Company’s control.

Community Energy Savings Programs

• Management and Control of Products. Company may manage and control your affected Purchased Product(s) in order to provide eco+ and to enable your participation in Community Energy Savings Programs.
• Default Community Energy Savings Program Participation. If you do not opt out of the Default Community Energy Savings Program, Company may manage and control your affected Purchased Product(s) during periods of peak energy demand for the electricity grid, which may or may not coincide with peak electricity price periods.
• Energy Savings for Grid or Program Administrator Benefit. Company may manage and control your affected Purchased Product(s) to provide additional energy savings when doing so provides value to Program Administrators or the electricity grid, including during periods of high electricity demand.
• Sharing of Personal Information with Program Administrators. You authorize and direct Company to share your personal information with Program Administrators to the extent necessary to provide eco+ and to facilitate the Community Energy Savings Programs for which you requested.
• Program Administrator Requests and Overrides. Program Administrators may issue requests to reduce your energy consumption during Community Energy Savings Program events, including during peak electricity price periods. During these events, ecobee may change your temperature set point (for Default Community Energy Savings Programs) or turn off your affected Purchased Product(s) (for Additional Community Energy Savings Programs). You may always override Company’s control and manually control your affected Purchased Product(s).
• Additional Community Energy Savings Programs and Incentives. Program Administrators may offer programs and incentives for your participation in Additional Community Energy Savings Programs. Participation in any Additional Program is optional and may require you to accept additional terms. Company will communicate program details, including how to participate or opt out. Company is not responsible for any failure by a Program Administrator to provide incentives to you.
• Consideration to Company; Environmental Attributes. Company may receive consideration from Program Administrators for successfully enrolling you in their Community Energy Savings Programs1. Provided there is no conflict with incentives offered to you under Section 4(j), Company may claim any qualifying environmental attributes, benefits, credits, awards, or bounties from Program Administrators resulting from energy savings achieved through eco+, which forfeits any option you might have to enroll in the programs directly or rights to environmental attributes, benefits, credits, awards, or bounties related to eco+.
• Communications from Company. Company may communicate with you via email or other channels regarding the affected Purchased Product(s), Services, App, and, as applicable, Remote Applications. By registering your device and providing an email address, you agree that Company may send you HVAC alerts and reminders, software update notices, energy savings advice, news about the Services, customer feedback requests or surveys, and marketing materials relating to Company and thirdparty offerings. These communications may be sent by email, via the Site or App, or through other suitable means. You may unsubscribe from these communications at any time.
• Performance Disclaimer—eco+. Without limiting the disclaimers in Section 12 below (“Disclaimers”), Company makes no representations, warranties, or guarantees regarding any results or performance of eco+, including whether eco+ will achieve any energy savings or benefits. In rare circumstances, eco+ may result in increased costs.

3. Ownership; Reservation of Rights

The technology that operates the Apps, Site, Products, Services, and Data (collectively, “Company Intellectual Property”), including without limitation any content, graphics, processes and code, and all upgrades, updates, corrections and enhancements thereto and all copyrights and other intellectual property related thereto are the sole property of the Company and/or its licensors or suppliers, and the Company and/or its licensors or suppliers, if applicable, retain all right, title and interest in and to any App(s) or applications accessing the same, Service and Data technology and intellectual property.

You do not acquire any ownership interest in Company Intellectual Property under these Terms, or any other rights other than to use the App and Site in accordance with the license granted under these Terms, subject to all terms, conditions, and restrictions. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to all intellectual property rights arising out of or relating to Company Intellectual Property, subject to the licenses expressly granted. Company Intellectual Property is protected by copyright, trademark, and other laws of both the United States and foreign countries. Any use of Company Intellectual Property not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Company reserves all rights not expressly granted by these Terms. You shall safeguard Company Intellectual Property (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access.

The trademarks, service marks, and logos of Company used and displayed on various parts of the App and Site are registered and unregistered trademarks or service marks of Company. Other company, product, and service names located on our platforms may be trademarks or service marks owned by others (collectively with our trademarks or service marks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of our Trademarks inures to our benefit.

4 Feedback.

Any comments, questions, suggestions or other feedback (collectively, “Feedback”) you provide to us through any communication whatsoever (e.g., call, letter, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion.

You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

5. Privacy

1. Please review the Company Privacy Notice available, as applicable, https://www.generac.com/policies/privacy/ or https://www.ecobee.com/en-us/privacy-policy (collectively, the “Privacy Notice”), which are incorporated into these Terms by reference, to understand how we collect, use, and disclose your personal information gathered through the use of the App, Site, Data or Services. As a supplement to the applicable Company Privacy Notice, Company may:
• use such information for any purpose related to any use of the Site or App by you, including but not limited to, improving the performance of the Site or App or developing updates, and verifying compliance with these Terms and enforcing Company’s rights, including all intellectual property rights in and to the App and Site.
• collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as IMEI (your device's unique identification number), device number, model name, customer code, access recording, your device's current software version, MCC (Mobile Country Code), and MNC (Mobile Network Code) to provide Updates or improve Company Products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
• provide certain Services that rely upon login credentials and location information, such as your account information, device’s GPS signal or information about nearby Wi-Fi access points and cell towers that may be transmitted to us, with your consent, when you use such location-enabled services.
• directly or indirectly through the services of others, collect and store information regarding use of the Site and about equipment on which the Site is ran or through which it otherwise is accessed and used, including by means of (i) providing maintenance and support services and (ii) security measures included in the Site as described in the applicable Company Privacy Notice. You agree that Company may use such information for any purpose related to any use of the Site by you, including but not limited to, improving the performance of the Site or developing updates, and verifying compliance with these Terms and enforcing Company’s rights, including all intellectual property rights in and to the Site.
• monitor, notwithstanding anything to the contrary in these Terms, your use of the Site and collect and compile Aggregated Statistics. As between Company and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Company. You acknowledge that Company may compile Aggregated Statistics based on information input into the Site. You agree that Company may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you.
2. Company uses third-party web and app analytics services on Company websites and mobile apps. Some of these services use automated technologies to collect and analyze information, including personal information (such as email, device identifier, and IP addresses) to understand how you use Company websites and mobile apps. Web and app analytics services help us improve features, evaluate the effectiveness of our marketing, and, ultimately, optimize the customer experience. To learn more about these analytics services, please see the Cookie Notice available at, as applicable, https://www.generac.com/policies/cookie/ or within the Cookie and Privacy Preference Center settings at the bottom of https://www.ecobee.com/en-ca/privacy-policy/#Privacy-Notice-and-Legal. To make a selection regarding web and app analytics cookies placed by third parties and personalized advertising by third parties, please visit the applicable Cookie Settings Manager to set your preferences at the bottom of, as applicable, www.generac.com or www.ecobee.com.

6. Artificial Intelligence and Machine Learning Services. Company may, at its own discretion, make available offerings that utilize artificial intelligence, computer vision, machine learning, or similar technologies (“AI Technologies”). These AI Technologies are optional and will only be activated if you affirmatively opt in to the feature within the App settings. You may opt out at any time, and if you do so, the AI features will be disabled. When you enable AI Technologies, certain interactions (e.g., requests made to an AI assistant or other user‑initiated inputs) may be temporarily processed to provide the feature. These interactions are stored only for as long as necessary to provide the AI functionality and maintain service performance and will be deleted if you opt out or disable the AI feature, except where a longer retention period is required by law or permitted for security, fraud prevention, or troubleshooting. Unless expressly disclosed in the applicable Privacy Notice and permitted by law, your interactions with AI Technologies will not be used to train, build, or improve any generalized or third‑party AI models, and will only be used to support the operation, safety, and improvement of the specific AI feature you have enabled.

AI Technologies may occasionally generate incorrect, incomplete, outdated, or unreliable information. Company does not guarantee the accuracy, reliability, availability, or completeness of any AI‑generated outputs. You should independently verify any information generated by AI Technologies before relying on it, especially if it relates to safety, emergency conditions, system performance, or actions affecting your home or devices.

7. User Communications; Electronic Communications Consent. When you use the App, submit a request for help, send an email to us, create an account, or otherwise communicate with us electronically from your desktop or mobile device, you:

• expressly consent to the use of electronic signatures, electronic receipt of records and notices, and electronic communication by Company, its affiliates, or its third‑party service providers.
• agree Company may contact you or provide you with any required notices, agreements, or other information concerning the availability of the Data and/or Services by e‑mail or other electronic means.
• agree that all agreements, notices, disclosures, or other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.
• agree that the Company may contact you or provide you with any required notices, agreements, or other information concerning the availability of the Data and/or Services by e‑mail or other electronic means.
• agree that the Company may send automated e‑mails with alerts regarding severe problems with the Services that may impact the timeliness of notices provided regarding the status of your generator.

You are entitled to opt out of any advertising or marketing through the Contact Us details below.

8. App SMS Program

Overview. The Company may send you text messages (SMS) with status updates and alerts related to your Purchased Product. Message frequency depends on the preferences you set in your account. You must provide a valid mobile phone number during enrollment through the Site. When you save your notification preferences for the first time, you will receive a confirmation message letting you know that you have opted in to the App SMS program. Standard message and data rates may apply. Contact your wireless carrier for details.

Opting out and Getting Help. You can stop receiving SMS messages at any time.

• To opt out, uncheck the SMS option in your account profile or text “STOP” to 877‑590‑6565.
• For help or information, text “HELP” to 877‑590‑6565.
• For additional support, call 855‑436‑8439.

SMS Alerts Delivery. SMS message delivery is not guaranteed. Alerts may not reach you if:

• your device is outside of range coverage;
• the network is congested, unavailable, or experiencing outages;
• your device is powered off or otherwise unable to receive messages; or
• environmental or physical factors interfere with transmission (such as buildings, terrain, weather, or equipment limitations).

These conditions are outside Company’s control and your carrier’s control. By participating in the App SMS program, you acknowledge that time‑sensitive or urgent alerts may not be delivered promptly, or at all.

9. Specific Acknowledgements by You

Wireless Service and Connectivity. The App device sends and receives Data using a wireless service. Because wireless networks rely on radio signals, the connection may sometimes be limited or interrupted. This can happen for many reasons—for example:

• weather, terrain, or environmental conditions,
• wireless network congestion or coverage gaps,
• equipment issues or installation problems,
• system maintenance or outages,
• power loss, or
• government actions or other conditions beyond our control.

Wireless coverage and features are not available everywhere. Service is available only within the applicable coverage area and only when the App device is within range of the supporting wireless network and is authorized to operate on Verizon Wireless’s network.

No Medical or Life‑Safety Use. The App device, the Data it transmits, and the related Services must not be used for any form of remote medical monitoring or lifesafety purposes. These Services are not designed, intended, or certified for health‑related or emergency‑response use.

Service Interruptions and Force Majeure. The App, App Site, and Services may sometimes be interrupted or fail to perform as expected, and such interruptions are excused when caused by circumstances outside our reasonable control. These may include:

• wireless or telecommunications outages,
• power failures,
• severe weather, fire, or natural disasters,
• acts of terrorism, war, riots, or civil unrest,
• labor strikes or work stoppages,
• government restrictions or actions, or
• other events that make performance impracticable.

Relationship with the Wireless Carrier

• YOU DO NOT HAVE A CONTRACT WITH THE UNDERLYING WIRELESS CARRIER PROVIDING NETWORK ACCESS FOR YOUR APP DEVICE.
• YOU ARE NOT A THIRD‑PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND THAT CARRIER.
• THE WIRELESS CARRIER (AND ITS AFFILIATES AND CONTRACTORS) HAS NO LEGAL OR FINANCIAL RESPONSIBILITY TO YOU IN CONNECTION WITH THE MOBILE LINK™ DEVICE, SERVICE, OR DATA TRANSMISSION.
• YOU WAIVE ANY CLAIMS YOU MAY OTHERWISE ATTEMPT TO BRING AGAINST THE WIRELESS CARRIER, ITS AFFILIATES, OR ITS CONTRACTORS ARISING FROM OR RELATED TO THE DEVICE, THE SERVICE, OR WIRELESS CONNECTIVITY.

10. Revisions

Company maintains the Site for your information, education and evaluation of Company Products or Services. The content of the Site may contain inadvertent inaccuracies, omissions, and typographical errors. Company makes no warranties or representations about the accuracy or completeness of the Site content. Company reserves the right to improve, revise and correct the Site, in whole or in part, at any time without notice. Company expressly disclaims all liability for the use or interpretation by others of information contained in the Site. Any user who utilizes or makes decisions based on information contained in the Site does so at their own risk. In exchange for using the Site, the visitor agrees to hold Company harmless against any claims or damages arising from the use of the Site and from any decisions that the visitor makes based on such information.

Company may, at any time, revise the Terms for the Site by updating this posting. By using the Site, you agree to be bound by any such revisions and should periodically visit this page to review the current Terms to which you are bound.

11. Disclaimers

THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ACCURACY, VALIDITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY, OR CONTENT OF THIS SITE OR ANY OTHER WEBSITE LINKED TO OR FROM THIS SITE.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES—including, without limitation, lost profits or revenue, costs of replacement goods, loss of data, business interruption, or damages resulting from the use of, or reliance on, the materials or information presented on this Site or any hyperlinked site—even if the Company has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages; therefore, the above limitation may not apply to you.

THE COMPANY ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, DATA, OR OTHER PROPERTY, INCLUDING DAMAGE CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, THAT RESULT FROM YOUR ACCESS TO OR USE OF THIS SITE OR ANY LINKED SITE.

12. No Guaranty (Limitations of Liability)

• THE COMPANY SHALL HAVE NO LIABILITY TO YOU IF CHANGES IN THE WIRELESS SERVICE OR IN THE VERIZON WIRELESS NETWORK, SYSTEMS, OPERATIONS, EQUIPMENT, POLICIES OR PROCEDURES SUPPORTING YOUR APP DEVICE RENDER OBSOLETE OR OUTDATED ANY EQUIPMENT, HARDWARE, DEVICES OR SOFTWARE PROVIDED BY THE COMPANY TO YOU IN CONJUNCTION WITH YOUR USE OF THE SERVICE.
• THE COMPANY SHALL HAVE NO LIABILITY FOR ANY CAUSES OF ACTION, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF (i) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, OR DEFECTS IN VERIZON WIRELESS FURNISHING WIRELESS SERVICE, (ii) FAILURES OR DEFECTS IN THE VERIZON WIRELESS NETWORK OR SYSTEMS, (iii) USE OF THE APP DEVICE OR THE SERVICE OR (iv) ANY DISABLING OF EQUIPMENT BY YOU.
• THE COMPANY SHALL HAVE NO LIABILITY FOR ANY INJURY TO PERSONS OR PROPERTY, LOSSES (INCLUDING ANY LOSS OF BUSINESS), DAMAGES, CLAIMS OR DEMANDS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, USE OR INABILITY TO USE THE WIRELESS SERVICE OR EQUIPMENT, RELIANCE BY ANY END USER OR CUSTOMER ON ANY DATA PROVIDED OR OBTAINED THROUGH USE OF THE SERVICES, WIRELESS SERVICE OR EQUIPMENT, ANY INTERRUPTION, DEFECT, ERROR, VIRUS, OR DELAY IN OPERATION OR TRANSMISSION, ANY FAILURE TO TRANSMIT OR ANY LOSS OF DATA ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR LOSSES, DAMAGES, CLAIMS OR EXPENSES OF ANY KIND ARISING OUT OF THE USE OR ATTEMPTED USE OF, OR THE INABILITY TO ACCESS, LIFE SUPPORT OR MONITORING SYSTEMS OR DEVICES, 911 OR E911, OR OTHER EMERGENCY NUMBERS OR SERVICES.
• THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OR REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMAITON PRESENTED, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE YOUR APP DEVICE, APP SITE, THE DATA AND/OR THE SERVICE. Some jurisdictions do not allow the exclusion of consequential damages, so the above exclusion may not apply to you. The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, the Data or Services, or of browsing the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
• IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED $100.00.

13. Outside Sources; Links

The Site may contain links to third‑party software or resources. You acknowledge and agree that Company is not responsible or liable for: (a) the availability or accuracy of such third‑party software or resources; or (b) the content, products, or software on or available from such third‑party software or resources. Links to such third‑party software or resources do not imply any endorsement by the Company of such third‑party software or resources or the content, products, or software available from such third‑party software or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third‑party software or resources.

14. Linking to This Site. You may link to this Site only with the prior written consent of the Company. Any approved link must comply with the following requirements and any additional guidelines the Company may provide:

• No Misrepresentation. The link and any associated materials must not misrepresent, either explicitly or implicitly, your relationship with the Company.
• No Endorsement. The link must not state or imply that the Company endorses or approves your website, products, or services.
• No Harm to Brand or Reputation. The link must not present false, misleading, derogatory, or otherwise harmful impressions about the Company, nor may it damage or dilute the goodwill associated with the Company’s name, trademarks, or other intellectual property.
• No Framing or Unauthorized Use. You may not frame or otherwise incorporate any portion of this Site into another website without the Company’s express written authorization.

The Company reserves the right to revoke its consent to any link at any time, in its sole discretion, and you agree to remove the link promptly upon request.

15. Trademark Notices

WiFi® Alliance
WiFi® is a registered trademark of the WiFi Alliance®.

Bluetooth®
The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc., and any use of such marks by the Company is under license. All other trademarks, trade names, or service marks referenced on this website are the property of their respective owners.

16. Acceptable Use Policy

YOU MAY NOT DO ANY OF THE FOLLOWING IN CONNECTION WITH THE REMOTE APPLICATIONS:

• use the Remote Applications for anything other than your personal or internal purposes;
• use the Remote Applications for any purpose that is illegal, unsafe, or fraudulent, or that infringes on any third‑party rights, including ecobee’s rights;
• violate, remove, modify, or obscure any copyright notices, trademark notices, or other proprietary notices or legends that are on or in any of the Remote Applications;
• use ecobee’s name, any ecobee trademark, logo, or other proprietary information, or the layout and design of any of the Remote Applications, without ecobee’s express written consent;
• replicate the “look and feel” of the Remote Applications;
• modify the Remote Applications or make derivative works based on the Remote Applications;
• decompose, decompile, reverse engineer, disassemble, or attempt to gain access to the source code of any part of the Remote Applications;
• build a product or service using any similar ideas, features, functions, or graphics of the Remote Applications;
• use the Remote Applications to provide services for or on behalf of any third party, or commercially exploit the Remote Applications in any way, including without limitation by framing or mirroring any portion of the Remote Applications;
• sell, resell, export, transfer, assign, sublicense, rent, lease, loan, provide, copy, reproduce, distribute, redistribute, license, publish, or otherwise make available any portion of the Remote Applications;
• use the Remote Applications for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking, comparison, or competitive purpose;
• gain, or attempt to gain, or permit any third party to gain, unauthorized access to the Remote Applications, including through means not provided by Company;
• use any security testing tools in order to probe, scan, or attempt to penetrate or ascertain the Remote Applications’ security, or to otherwise engage in denial‑of‑service attacks;
• take any action that imposes, or may impose (as determined by ecobee in its sole discretion) an unreasonable or disproportionately large load on, or otherwise disrupt, restrict, inhibit, or impede ecobee’s infrastructure;
• interfere or attempt to interfere with the proper working of the Remote Applications, or any activities conducted on or in the Remote Applications;
• systematically retrieve data or other content from the Remote Applications to create or compile a collection, compilation, database, or directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

17. Miscellaneous

Assignment. Company may assign or transfer these Terms in whole or in part at any time without your consent. You may not assign these Terms or assign, transfer, or delegate your ecobee Account or any of your rights or obligations under these Terms. Any purported assignment, transfer, or delegation in violation of this provision shall be void from the outset.

Interpretation. Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these Terms are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.

Governing Law and Venue. Your access to and use of this website are governed by the laws of the State of Wisconsin, United States, without regard to its conflict‑of‑law principles. You agree that any claim or dispute arising out of or relating to your use of this website shall be brought exclusively in a court of competent jurisdiction located in the State of Wisconsin, United States, and you hereby submit to the personal jurisdiction of such courts.

Severability; Entire Agreement; Waiver. If any provision of these terms, policies, or notices is held to be unlawful, void, or unenforceable, that provision shall be deemed severed from the remaining provisions, which shall continue in full force and effect. No waiver of a right granted under these Terms by a party will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these Terms) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.

These Terms constitute the entire understanding, and supersede all other understandings, between you and Company concerning the Site. These Terms constitute the entire understanding, and supersede all other understandings, between you and ecobee concerning the Remote Applications.

18. How to Contact Us

Generac Products, please:

• contact us at 855-436-8439 (US) or 844-843- 9436 (Canada).
• send notices by care of e-mail to: legal@generac.com (or) by mailing address via S45W29290 WI-59, Waukesha, WI 53189.

ecobee Products, please:

• note that ecobee may in its discretion, without any obligation to do so and subject to the limitations of the EULA, provide you with help-desk telephone support concerning your use of the App or Software to the extent provided for in the Product Terms of Sale in connection with purchase and sale of the ecobee Purchased Product and Terms of Service entered into by you and ecobee, if any, in connection with the ecobee Services provided in connection with the ecobee Purchased Product. Refer to the Product Terms of Sale and/or the Terms of Service associated with the Product and related services for further details on Software and Product support.
• send notices by care of e-mail to: legal@ecobee.com (or) by our Mailing Address: ecobee. 207 Queens Quay W, Suite 600, Toronto ON, M5J 1A7, Canada.

1. Including such programs like the Massachusetts Clean Peak Energy Standard and the California Demand Side Grid Support Program, which are administered by state agencies.the Massachusetts Department of Energy Resources and the California Energy Commission, respectively, which may be considered third-party beneficiaries, the Oncor Residential Load Management program, the Electric Reliability Council of Texas’ Emergency Response Service, and the Pacific Gas & Electric Automated Response Technology program.

Last Revised: March 24, 2026

1. Welcome

Thank you for your interest in our services. We, Generac Power Systems, Inc. (together with its affiliates or its subsidiaries collectively, “Generac,” “Company,” “we”, “us,” or “our”), provide a variety of products, mobile apps and services, including those outlined in Section 3 below (“Services”), and this End User License Agreement (EULA) and the Terms of Service, as applicable, available at https://cdn.mbl.link/documents/test/mobile-link-terms-and-conditions.html or https://www.ecobee.com/en-ca/privacy-policy/#Privacy-Notice-and-Legal (collectively, the “Agreement”) will cover your use of the Services.

2. Definitions. For the purpose of this EULA, the following terms shall have the meanings hereinafter provided:

1. Aggregated Statistics mean data and information related to use of the App that is used by Company in an aggregate or anonymized manner, including to compile statistical and performance information related to the provision and operation of the App.
2. Error means any program defect, error, bug or other failure of all or part of the Software that results in the Software not conforming to, or performing in accordance with, its published specifications. “Software” means ecobee’s computer software program, which enables data upload and download to and from the ecobee Remote Applications using an ecobee Product, including any Software Updates.
3. Products means any equipment provided by Generac or ecobee that is associated with the Services.
4. Purchased Products mean the Products you purchased associated with the Services.
5. Services mean your use of:
   1. Mobile Link™ (“App”) device; to access and use of MobileLinkGen.com™ (“App Site”); access and use of any mobile the Company provides to interact with the Products; and any Data.
   2. eco+ to optimize your homes energy efficiency (Humidity, Smart Home and Away, Schedule Assistant), the available Time of Use rate structure of your utility provider and any Community Energy Savings Programs (as defined in the Terms of Service located at https://www.ecobee.com/en-ca/privacy-policy/#Privacy-Notice-and-Legal that your utility provider (“Utility”), Regional Transmission Organization, Independent System Operator, state agency, or third-party partners or implementors of such programs may issue (with your Utility, individually or collectively, “Program Administrators”).
6. Software means any proprietary software or technology embedded in the Services.
7. Updates means any updates, bug fixes, patches, or other error corrections to the App or Software, including updates intended to correct Errors and which may include graphical updates, enhancements and/or additional features to the Software, as may be provided or released by ecobee from time to time to all of its customers at no charge.
8. User Manual means, as applicable, any Company User Manual provided together with the Product and Software.

3. Accepting Our Terms

This EULA is a binding legal agreement between us and you.

BY CREATING AN ACCOUNT, ACCESSING OR USING THE APP, OR BY CLICKING THE “ACCEPT” BUTTON, YOU CONFIRM THAT YOU: (i) ACCEPT THE TERMS IN THIS EULA; (ii) AGREE TO BE LEGALLY BOUND BY THIS EULA; AND (iii) ARE RESPONSIBLE FOR ANY USE OF SERVICES BY INDIVIDUALS WHO YOU ALLOW TO USE THE SERVICES (“COVERED PARTIES”).

We may sometimes need to change this EULA, for example, to reflect changes in the law or changes to the Services themselves. We will let you know of any changes by posting the updated Terms on our website. If we think the changes are material, we may send a notification to the email address linked to your account or notify you appropriately through Services before the updated Terms become effective, except for changes addressing new Services or legally required changes which will be effective immediately. If you do not agree to the changes, you may stop using our Services and delete your account.

4. Scope of the Terms

This EULA govern the Services. If you do not agree with the terms in this EULA, you may not receive Data from the App or use the Services to monitor you’re the App or use the associated Data. If you do agree, and check “I Agree” at the end of this EULA, please be advised that doing so does not limit or constrain any right or protection afforded to the Company through any previously granted consent(s) provided by you to the Company.

5. Overview of Services

The Company provides the “Services”. These Services allow you, as an owner of the Company Products, to remotely monitor and manage your generators using connected devices such as smartphones, tablets, or computers or optimize your homes energy efficiency (Humidity, Smart Home and Away, Schedule Assistant), the available Time of Use rate structure of your utility provider and any Community Energy Savings Programs (as defined in the Terms of Service located at https://www.ecobee.com/en-ca/privacy-policy/#Privacy-Notice-and-Legal that your utility provider (“Utility”), Regional Transmission Organization, Independent System Operator, state agency, or third-party partners or implementors of such programs may issue (with your Utility, individually or collectively, “Program Administrators”).

6. Eligibility to Enter This EULA

The Services are not directed to children. Because privacy and consumer protection laws impose different minimum ages for using digital services without parental involvement, the following rules apply:

• United States. If you are under 13 (“Minor”), you may not use the Services. If you are 13–17, (each, a “Minor” collectively will be referred to as each “a Minor”) you may only use the Services if your parent or legal guardian:
  • reviews and agrees to this EULA on your behalf;
  • supervises the Minor's use of the Services;
  • assumes all risks associated with the Minor's use of the Services,
  • assumes any liability resulting from the Minor's use of the Services,
  • ensures the accuracy and truthfulness of all information submitted by the Minor; and
  • assumes responsibility and are bound by this EULA for the Minor's access and use of the Services.
• Canada (including Quebec Law 25). If you are under 14 (“Minor”), you may only use the Services if your parent or legal guardian provides express consent for the collection and use of your personal information.

  For users 14–17 (each a “Minor”), consent may be provided by you or your parent/guardian. We may require confirmation from a parent/guardian if sensitive information is involved.

If you become aware that a Minor is using the App without the necessary permissions, please contact us immediately.

7. Ownership; Reservation of Rights

The technology or, as applicable, Software that operates the Apps, Services, Data, including without limitation any content, graphics, processes and code, and all upgrades, updates, corrections and enhancements thereto and all copyrights and other intellectual property related thereto are the sole property of the Company and/or its licensors or suppliers, and the Company and/or its licensors or suppliers, if applicable, retain all right, title and interest in and to any App(s) or applications accessing the same, Service and Data technology and intellectual property.

You do not acquire any ownership interest in the App under this EULA, or any other rights to the App other than to use the App in accordance with the license granted under this EULA, subject to all terms, conditions, and restrictions. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App and all intellectual property rights arising out of or relating to the App, subject to the licenses expressly granted. The App and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Any use of the App not expressly permitted by this EULA is a breach of this EULA and may violate copyright, trademark, and other laws. Company reserves all rights not expressly granted by this EULA. You shall safeguard all App (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access.

The trademarks, service marks, and logos of Company used and displayed on various parts of the App are registered and unregistered trademarks or service marks of Company. Other company, product, and service names located on our platforms may be trademarks or service marks owned by others (collectively with our trademarks or service marks, the “Trademarks”). Nothing in this EULA should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of our Trademarks inures to our benefit.

8. Limited License Grant

Company grants you a limited, personal, non‑exclusive, non‑commercial, non‑transferable, non‑sublicensable, revocable license to use our App, App Site, Services, or any related embedded technology and wireless services as well as the Data, subject to all of the conditions and limitations set forth in this EULA. All references to our Services include all related content and any other materials used to implement and provide access to our Services, including updates, upgrades, enhancements, modifications, revisions, or additions to our Services we make available to you.

The limited grant of license detailed above is also subject to all of the laws and regulations applicable to the use of the App, App Site, the technology and wireless services embedded in the App, App Site, and the Data.

9. Account

You may need to access an existing account, or create an account after downloading the App. By creating an account, you expressly agree to:

1. provide accurate and complete information when you create your account.
2. safeguard your username, password, and other account or login information confidential.
3. supervise and be responsible for the use of your account.
4. contact Company and promptly change your login information if you believe that an unauthorized person has access to your account or login information. We encourage you to use strong passwords (passwords that use a combination of upper‑ and lower‑case letters, numbers, and symbols) with your account and with other accounts that you may connect to your Company account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
5. obtain and maintain all equipment and services needed for you to access and use the App.
6. maintain the confidentiality of your App login information, and protecting from damage, theft or hacking any computer, laptop, tablet, cell phone or smartphone to which Data is being sent to update you regarding your generator and/or from which you are accessing Services.
7. comply with this EULA and the terms of any applicable ancillary agreement when you access and use the App, and you are responsible and liable for all uses of the App through access thereto provided by you, directly or indirectly.

You can delete your Company Account at any time via the App, App Site, or through the Contact Us methods below.

Unless expressly permitted in writing by Company, you may not sell, rent, lease, share, or provide access to your account to anyone else. Should you believe your login information or security for the App has been breached in any way, you must immediately notify Company.

10. Permitted Uses

You may only use (a) the App, App Site, Services, Data, or the Software embedded in the Product as outlined and authorized in this EULA for the purposes of using the Product only as intended and contemplated by any associated User Manual, provided that the App, App Site, Services, Data, or the Software may only be used for its personal and private use in connection with the use of the Product; and (b) use the User Manual, as applicable, provided by Company solely as is necessary to operate and use the App, App Site, Services, Data, or the Software and Company Product as and to the extent permitted thereunder and under this EULA.

11. Use Restrictions

You may only use the App, App Site, Software, Data, and Services for lawful purposes and in accordance with this EULA. You may not, directly or indirectly, do any of the following:

• License Misuse.
  • Use the App beyond the scope of the license granted to you.
  • Share, sell, rent, lease, lend, sublicense, publish, or otherwise make the App available to another person or entity.
  • Use the App on behalf of, or for the benefit of, any third party unless we give written permission.
• Modifications, Reverse Engineering & Derivative Works.
  • Modify, translate, adapt, or create derivative works or improvements based on the App.
  • Reverse engineer, decompile, disassemble, decode, copy, or try to access the source code, internal logic, models, or algorithms (including AI/ML models).
  • Combine or integrate the App with other software or systems unless we approve it in writing.

• Intellectual Property Protection
  • Remove, obscure, or alter any copyright, trademark, patent, proprietary, or other rights notices.
  • Use the App or its Data in any way that infringes or violates the rights of others (including privacy, publicity, or intellectual property rights).
  • Attempt to place any part of the App or its technology in the public domain.
• Security Violations & Unauthorized Access
  • Access, probe, scan, or test the App, Company systems, or provider systems in ways not intended for customer use.
  • Circumvent or disable security, encryption, copyprotection, authentication, ratelimits, or other technical safeguards.
  • Attempt to gain unauthorized access to accounts, systems, data, or networks.
  • Introduce malware, viruses, harmful code, or use the App to damage, overload, interfere with, or disrupt any system or network.
• Automated Tools, Scraping & Data Harvesting
  • Use bots, spiders, scrapers, datamining tools, or automated systems to access the App.
  • Collect information about users or systems without lawful consent.
  • Access the App through any means other than the interfaces we provide.
• Competitive Use & Harmful Conduct
  • Use the App for benchmarking, competitive analysis, or to build or improve a competing product or service.
  • Interfere with or disrupt the App, other users, or related systems.
  • Use the App in any way that harms or could reasonably be expected to harm the Company or our users.
• Unlawful, Abusive, or Inappropriate Content. Upload, send, or share any content that is
  • unlawful, harmful, harassing, threatening, obscene, defamatory, or deceptive;
  • violent, hateful, discriminatory, or extremist;
  • pornographic or sexually explicit;
  • harmful to minors; or
  • intended to mislead, scam, impersonate, or defraud.
• You may not:
  • forge headers or source identifying information,
  • send unsolicited advertising, spam, chain letters, or similar communications, or
  • impersonate the Company, our employees, another user, or any third party.
• Privacy & Data Protection Violations
  • Access data not intended for you.
  • Intercept communications not addressed to you.
  • Collect personal information about others without lawful consent.
  • Violate privacy, data protection, cybersecurity, export control, or other applicable laws.
• AI Output Usage Restrictions. If the App includes features that generate automated or AI-assisted insights, alerts, summaries, or other information (“AI Output”),
  • Treat AI Output as legal, medical, safety, engineering, or emergency advice. Always verify important information before acting on it.
  • Substitute AI Output for your own judgment.
  • Use the App, its Data, or AI Output to build, train, test, or improve another AI system or model.
  • Use AI Output to create or enhance competing products or services or to reverse engineer how our systems’ or models’ function.
  • Misuse AI Output to break the law, target, harm, or discriminate against anyone, create misleading or harmful content, or invade someone’s privacy.
  • Derive or reconstruct our underlying systems, code, models, datasets, or algorithms from AI Output.
  • Use AI Output to identify individuals, infer sensitive attributes, or collect personal data without consent.
  • Use AI Output in any way that violates laws, infringes rights, or creates risks for others.
• Security Features. Attempt to bypass, disable, or interfere with these protections.

If you violate the terms in this EULA, we may: (a) suspend or terminate your account or access to the App; (b) notify or cooperate with law enforcement; and (c) pursue any remedy available under the law. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY COMPANY OR LAW ENFORCEMENT AUTHORITIES.

12. User-Provided Content

If at any time during the term of this EULA, an App permits you to upload or submit information, images, video, data, text, messages, or other materials (each, a “User Submission”), you agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Because of this, we ask that you do not submit information to Company that you intend to keep confidential. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you represent, warrant and covenant that:

• You own all rights in your User Submission (including, without limitation, all rights to the reproduction and display of your User Submission) or, alternatively, you have acquired all necessary rights in your User Submission to enable you to grant to us the rights in your User Submission as described in this EULA;
• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submission;
• Your User Submission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
• Any information contained in your User Submissions is not known by you to be false, inaccurate, or misleading;
• Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
• Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
• Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By providing User Submissions, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use (and permit others to use) your User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submissions or any modification thereto, in whole or in part, into any technology, product, or service); and
• Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

Company may, but are not obligated to, pre-screen User Submissions or monitor any area of the App through which User Submissions may be submitted. Company is not required to host, display, or distribute any User Submissions on or through the App and may remove at any time or refuse, disallow or block any User Submissions for any reason. Company is not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, Company agrees that Company may freely disclose your User Submissions to any third party absent any obligation of confidence on the part of the recipient.

13. Privacy

1. Please review the Company Privacy Notice available, as applicable, https://www.generac.com/policies/privacy/ for Generac or https://www.ecobee.com/en-ca/privacy-policy/#Privacy-Notice-and-Legal for ecobee (collectively, the “Privacy Notice”) which are incorporated into this EULA by reference, to understand how we collect, use, and disclose your personal information gathered through the use of the App, App Site, Data or Services. As a supplement to the applicable Company Privacy Notice, Company may:
   • use such information for any purpose related to any use of the App by you, including but not limited to, improving the performance of the App or developing updates, and verifying compliance with this EULA and enforcing Company’s rights, including all intellectual property rights in and to the App.
   • collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as IMEI (your device's unique identification number), device number, model name, customer code, access recording, your device's current software version, MCC (Mobile Country Code), and MNC (Mobile Network Code) to provide Updates or improve Company Products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
   • provide certain Services that rely upon login credentials and location information, such as your account information, device’s GPS signal or information about nearby Wi-Fi access points and cell towers that may be transmitted to us, with your consent, when you use such location-enabled services.
   • directly or indirectly through the services of others, collect and store information regarding use of the App and about equipment on which the App is installed or through which it otherwise is accessed and used, including by means of (i) providing maintenance and support services and (ii) security measures included in the App as described in the applicable Company Privacy Notice. You agree that Company may use such information for any purpose related to any use of the App by you, including but not limited to, improving the performance of the App or developing updates, and verifying compliance with this EULA and enforcing Company’s rights, including all intellectual property rights in and to the App.
   • monitor, notwithstanding anything to the contrary in this EULA, your use of the App and collect and compile Aggregated Statistics. As between Company and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Company. You acknowledge that Company may compile Aggregated Statistics based on information input into the App. You agree that Company may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you.
2. Company also uses third-party web and app analytics services on Company websites and mobile apps. Some of these services use automated technologies to collect and analyze information, including personal information (such as email, device identifier, and IP addresses) to understand how you use Company websites and mobile apps. Web and app analytics services help us improve features, evaluate the effectiveness of our marketing, and, ultimately, optimize the customer experience. To learn more about these analytics services, please see the applicable Cookie Notice available at https://www.generac.com/policies/cookie/ or within the Cookie and Privacy Preference Center settings at the bottom of https://www.ecobee.com/en-ca/privacy-policy/#Privacy-Notice-and-Legal. To make a selection regarding web and app analytics cookies placed by third parties and personalized advertising by third parties, please visit the applicable Cookie Settings Manager at the bottom of, as applicable, www.generac.com or www.ecobee.com to set your preferences.

14. Artificial Intelligence and Machine Learning Services

Company may, at its own discretion, make available offerings that utilize artificial intelligence, computer vision, machine learning, or similar technologies (“AI Technologies”), such as: manage your home including thermostat controls and schedule optimization, energy monitoring and reporting, system management, security system control, smart video descriptions and camera event retrieval; real‑time comfort suggestions; predictive storm preparation guidance; and troubleshooting and diagnostics assistance. All AI features will be opt in and allow for opt out with deletion of content. These AI Technologies, which may not be available for certain Products, are optional and will only be activated if you affirmatively opt in to the feature within the App settings. You may opt out at any time, and if you do so, the AI features will be disabled.

When you enable AI Technologies, certain interactions (e.g., requests made to an AI assistant or other user‑initiated inputs) may be temporarily processed to provide the feature. These interactions are stored only for as long as necessary to provide the AI functionality and maintain service performance and will be deleted if you opt out or disable the AI feature, except where a longer retention period is required by law or permitted for security, fraud prevention, or troubleshooting. Unless expressly disclosed in the applicable Privacy Notice and permitted by law, your interactions with AI Technologies will not be used to train, build, or improve any generalized or third‑party AI models, and will only be used to support the operation, safety, and improvement of the specific AI feature you have enabled.

AI Technologies may occasionally generate incorrect, incomplete, outdated, or unreliable information. Company does not guarantee the accuracy, reliability, availability, or completeness of any AI‑generated outputs. You should independently verify any information generated by AI Technologies before relying on it, especially if it relates to safety, emergency conditions, system performance, or actions affecting your home or devices.

15. User Communications; Electronic Communications Consent

When you use the App, submit a request for help, send an email to us, create an account, or otherwise communicate with us electronically from your desktop or mobile device, you:

• expressly consent to the use of electronic signatures, electronic receipt of records and notices, and electronic communication by Company, its affiliates, or its third‑party service providers. This includes, but is not limited to, posting notices on the App or responding to your email.
• agree Company may contact you or provide you with any required notices, agreements, or other information concerning the availability of the Data and/or Services by e‑mail or other electronic means.
• agree that all agreements, notices, disclosures, or other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing. Company reserves the right, in its sole discretion, to communicate with you in paper form.
• agree that the Company may contact you or provide you with any required notices, agreements, or other information concerning the availability of the Data and/or Services by e‑mail or other electronic means.
• agree that the Company may send automated e‑mails with alerts regarding severe problems with the Services that may impact the timeliness of notices provided regarding the status of your generator.

You are entitled to opt out of any advertising or marketing via the details in Contact Us below.

16. Changes; Updates

Company reserves the right to:

• change the App, App Site, Software and/or choose to modify, suspend, or discontinue any part or all of the App, App Site, or Software at any time and without notifying you; or
• develop and provide Updates for the App in its sole discretion but has no obligation to develop any Updates at all or for particular issues.

Any and all Updates will be deemed part of the App, subject to this EULA. Based on your device settings, the App may automatically download and install available Updates, or you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so.

Updates do not include any new version or new release of the App that Company may issue as a separate or new product, and Company may determine whether any issuance qualifies as a new version, new release, or Update in its sole discretion.

To the extent Company provides an Update, Company has no obligation to provide Updates:

• for any but the most current version or release of the App;
• for any App for which all previously issued Updates have not been installed;
• if you are in breach under this EULA; or
• for any App that has been modified other than by or with the authorization of Company, or that is being used with any hardware, software, configuration, or operating system expressly authorized by Company in writing.

17. Feedback

If you provide the Company with any comments, suggestions, ideas, proposals, or other feedback relating to the Products or Services (“Feedback”), you acknowledge and agree that:

• Voluntary & NonConfidential. All Feedback is provided voluntarily, and, unless otherwise agreed in a separate written nondisclosure agreement executed between the parties, the Company will treat Feedback as nonconfidential and nonproprietary.
• Exclusion for Customer Confidential Information. Feedback does not include your personal information or any content provided through normal use of the Products or Services. Confidential Information remains subject to the confidentiality obligations in this EULA and Terms of Service, and personal information remains governed by the applicable Privacy Notice or, as applicable, Data Processing Agreement.
• IP Assignment / License. To the fullest extent permitted by law:
  • You hereby assign to the Company all right, title, and interest in and to any intellectual property rights in the Feedback.
  • If an assignment is not permitted by applicable law, you grant the Company a perpetual, irrevocable, worldwide, royaltyfree, fully paidup, transferable, and sublicensable license to use, copy, modify, distribute, commercialize, and otherwise exploit the Feedback for any lawful business purpose.
• Use of Feedback for Product and AI Improvements. The Company may use Feedback to develop, improve, support, and operate its products, services, analytics, and—where applicable—machinelearning or AIenabled features. Such use will not identify Customer or any Authorized User unless permitted under a separate written agreement.
• No Compensation or Obligations. You understand that:
  • the Company is not required to use or act on any Feedback,
  • you are not entitled to any compensation, credit, or attribution, and
  • you waive any claim relating to the Company’s use or nonuse of the Feedback.
• Representations. You represent and warrant that you have the necessary rights and authority to provide the Feedback and that providing it does not violate any thirdparty rights or obligations.

18. Subscription Terms

Your subscription will auto-renew at the rate mentioned above at the end of each term (monthly or annually) until you decide to cancel your subscription. If you decide to cancel, you can do so by going into the subscription section of your App page. You will be charged until the end of that term; Company does not offer pro-rated credits.

19. Selling Your App Device Or The Purchased Product Associated With The App Device

If you sell your App device, then the Services provided through the App Site are not transferrable to the new owner of your App device.

20. Disconnecting Your Service

To disconnect your service, you can manage by logging on to your App account and going to the subscription section of your Product or you may contact us as outlined in Contact Us below. If you decide to cancel, you can do so by going into the subscription section of your App page. You will be charged until the end of that term; we do not offer pro-rated credits.

21. No Warranty; Disclaimers

• a. THE APP IS AVAILABLE “AS-IS”. YOUR ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE APP IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS PROHIBITED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• THE COMPANY MAKES NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) ANY ACTIONS OF COMPANY USERS OR CONTRIBUTORS; (II) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE APP; (III) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APP, OR ANY CONTENT; (IV) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE APP; (V) WHETHER THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (VI) ANY ADVICE OR INFORMATION YOU RECEIVE THROUGH THE APP; AND (VII) ANY INJURIES OR HARM YOU OR A THIRD PARTY INCURS AS A RESULT OF INFORMATION OR ADVICE RECEIVED THROUGH THE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE APP, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

No Warranty; Disclaimers

• THE APP IS AVAILABLE “AS-IS”. YOUR ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE APP IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING AND EXCEPT AS PROHIBITED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
• THE COMPANY MAKES NO WARRANTY AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) ANY ACTIONS OF COMPANY USERS OR CONTRIBUTORS; (II) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE APP; (III) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APP, OR ANY CONTENT; (IV) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE APP; (V) WHETHER THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (VI) ANY ADVICE OR INFORMATION YOU RECEIVE THROUGH THE APP; AND (VII) ANY INJURIES OR HARM YOU OR A THIRD PARTY INCURS AS A RESULT OF INFORMATION OR ADVICE RECEIVED THROUGH THE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE APP, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

No Guaranty (Limitations of Liability)

• THE COMPANY SHALL HAVE NO LIABILITY TO YOU IF CHANGES IN THE WIRELESS SERVICE OR IN THE VERIZON WIRELESS NETWORK, SYSTEMS, OPERATIONS, EQUIPMENT, POLICIES OR PROCEDURES SUPPORTING YOUR MOBILE LINK™ DEVICE RENDER OBSOLETE OR OUTDATED ANY EQUIPMENT, HARDWARE, DEVICES OR SOFTWARE PROVIDED BY THE COMPANY TO YOU IN CONJUNCTION WITH YOUR USE OF THE SERVICE.
• THE COMPANY SHALL HAVE NO LIABILITY FOR ANY CAUSES OF ACTION, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF (I) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, OR DEFECTS IN VERIZON WIRELESS FURNISHING WIRELESS SERVICE, (II) FAILURES OR DEFECTS IN THE VERIZON WIRELESS NETWORK OR SYSTEMS, (III) USE OF THE APP DEVICE OR THE SERVICE OR (IV) ANY DISABLING OF EQUIPMENT BY YOU.
• THE COMPANY SHALL HAVE NO LIABILITY FOR ANY INJURY TO PERSONS OR PROPERTY, LOSSES (INCLUDING ANY LOSS OF BUSINESS), DAMAGES, CLAIMS OR DEMANDS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, USE OR INABILITY TO USE THE WIRELESS SERVICE OR EQUIPMENT, RELIANCE BY ANY END USER OR CUSTOMER ON ANY DATA PROVIDED OR OBTAINED THROUGH USE OF THE SERVICES, WIRELESS SERVICE OR EQUIPMENT, ANY INTERRUPTION, DEFECT, ERROR, VIRUS, OR DELAY IN OPERATION OR TRANSMISSION, ANY FAILURE TO TRANSMIT OR ANY LOSS OF DATA ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR LOSSES, DAMAGES, CLAIMS OR EXPENSES OF ANY KIND ARISING OUT OF THE USE OF OR ATTEMPTED USE OF, OR THE INABILITY TO ACCESS, LIFE SUPPORT OR MONITORING SYSTEMS OR DEVICES, 911 OR E911, OR OTHER EMERGENCY NUMBERS OR SERVICES.
• THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE YOUR APP DEVICE, APP SITE, THE DATA AND/OR THE SERVICE.
• IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED $100.00.

22. Indemnification

TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY CLAIMS, DAMAGES, LIABILITIES, COSTS, FINES, PENALTIES AND EXPENSES (INCLUDING ATTORNEY AND OTHER PROFESSIONAL FEES AND COSTS) ARISING OUT OF OR RELATING TO (A) YOUR USE OR MISUSE OF YOUR APP DEVICE, APP SITE AND/OR THE DATA AND/OR SERVICES; (B) YOUR VIOLATION OF THIS EULA OR APPLICABLE LAW; (C) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR (D) ANY OTHER NEGLIGENT OR INTENTIONAL MISCONDUCT BY YOU.

THE COMPANY RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU ARE REQUIRED TO COOPERATE IN ASSERTING ANY AVAILABLE DEFENSES.

23. Outside Sources; Links

THE APP MAY CONTAIN LINKS TO THIRD-PARTY SOFTWARE OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR: (A) THE AVAILABILITY OR ACCURACY OF SUCH THIRD-PARTY SOFTWARE OR RESOURCES; OR (B) THE CONTENT, PRODUCTS, OR SOFTWARE ON OR AVAILABLE FROM SUCH THIRD-PARTY SOFTWARE OR RESOURCES. LINKS TO SUCH THIRD-PARTY SOFTWARE OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY THE COMPANY OF SUCH THIRD-PARTY SOFTWARE OR RESOURCES OR THE CONTENT, PRODUCTS, OR SOFTWARE AVAILABLE FROM SUCH THIRD-PARTY SOFTWARE OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH THIRD-PARTY SOFTWARE OR RESOURCES.

24. Export Regulations

WE CONTROL AND OPERATE THE APP FROM OUR HEADQUARTERS IN THE UNITED STATES OF AMERICA AND THE ENTIRETY OF THE APP MAY NOT BE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. YOU SHALL NOT, DIRECTLY OR INDIRECTLY, EXPORT, RE-EXPORT, RELEASE, SELL OR OTHERWISE DISPOSE OF ANY APP DEVICE, APP OR DATA TO, OR MAKE THE APP ACCESSIBLE FROM, ANY JURISDICTION OR ANY COUNTRY NOT APPROVED FOR EXPORT OR TO ANY PERSON OR ENTITY YOU KNOW, OR SHOULD KNOW, WILL RESULT, DIRECTLY OR INDIRECTLY, IN DISPOSITION OF THE APP DEVICE, APP OR DATA CONTRARY TO U.S. EXPORT ADMINISTRATION REGULATIONS (15 CFR PARTS 730–774) AND/OR OFFICE OF FOREIGN ASSETS CONTROL REGULATIONS (31 CFR PARTS 500–597).

25. Term and Termination

THIS EULA IS EFFECTIVE UNTIL AND UNLESS TERMINATED. EITHER SIDE MAY TERMINATE THIS EULA. YOU MAY TERMINATE THIS EULA BY CANCELLING YOUR SUBSCRIPTION TO THE SERVICE PROVIDED BY THE APP SITE.

THIS EULA WILL AUTOMATICALLY TERMINATE WITHOUT NOTICE FROM THE COMPANY IF YOU FAIL TO COMPLY WITH ANY TERMS OF THIS EULA. UPON TERMINATION OF THE EULA, YOU SHALL CEASE ALL USE OF THE APP AND APP SITE TO OBTAIN OR ACCESS SERVICES AND/OR DATA, AND CEASE USING ANY APP(S) ASSOCIATED WITH THEM.

26. No Refunds

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

27. Support; Contact Us

Generac Products

• 855-436-8439 (US) or 844-843-9436 (Canada)
• legal@generac.com

ecobee Products

• legal@ecobee.com
• ecobee, 207 Queens Quay W, Suite 600, Toronto ON, M5J 1A7, Canada

28. General Terms

1. Waiver and Severability. THE FAILURE OF COMPANY TO ENFORCE ANY RIGHT OR PROVISION OF THIS EULA WILL NOT BE DEEMED A WAIVER OF SUCH RIGHT OR PROVISION. IN THE EVENT THAT ANY PROVISION OF THIS EULA IS HELD TO BE INVALID OR UNENFORCEABLE, THEN THAT PROVISION WILL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY, AND THE REMAINING PROVISIONS OF THIS EULA WILL REMAIN IN FULL FORCE AND EFFECT.
2. Force Majeure. IN NO EVENT SHALL YOU OR COMPANY BE LIABLE TO EACH OTHER, OR BE DEEMED TO HAVE BREACHED THIS EULA, FOR ANY FAILURE OR DELAY IN PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT, IF AND TO THE EXTENT SUCH FAILURE OR DELAY IS CAUSED BY ANY CIRCUMSTANCES BEYOND SUCH PARTY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO: (I) ACTS OF GOD; (II) FLOOD, FIRE, EARTHQUAKE, OR EXPLOSION; (III) WAR, INVASION, HOSTILITIES (WHETHER WAR IS DECLARED OR NOT), TERRORIST THREATS OR ACTS, RIOT OR OTHER CIVIL UNREST; (IV) GOVERNMENT ORDER, LAW, OR ACTIONS; (V) EMBARGOES OR BLOCKADES IN EFFECT ON OR AFTER THE DATE OF THIS EULA; (VI) NATIONAL OR REGIONAL EMERGENCY; (VII) STRIKES, LABOR STOPPAGES OR SLOWDOWNS, OR OTHER INDUSTRIAL DISTURBANCES; OR (VIII) SHORTAGE OF ADEQUATE POWER OR TRANSPORTATION FACILITIES.
3. Interpretation. HEADINGS ARE INSERTED FOR CONVENIENCE OF REFERENCE ONLY AND WILL NOT AFFECT THE CONSTRUCTION OR INTERPRETATION OF THE AGREEMENT. WHERE THE WORD “INCLUDING” OR “INCLUDES” IS USED HEREIN, IT MEANS “INCLUDING WITHOUT LIMITATION” OR “INCLUDES WITHOUT LIMITATION”, RESPECTIVELY. THE LANGUAGE USED IN THIS EULA ARE THE LANGUAGE CHOSEN BY THE PARTIES TO EXPRESS THEIR MUTUAL INTENT, AND NO RULE OF STRICT CONSTRUCTION WILL BE APPLIED AGAINST ANY PARTY.
4. English Language. THE PARTIES DECLARE THAT THEY HAVE REQUIRED THAT THIS AGREEMENT AND ALL DOCUMENTS RELATED HERETO, EITHER PRESENT OR FUTURE, BE DRAWN UP IN THE ENGLISH LANGUAGE ONLY. LES PARTIES DÉCLARENT PAR LES PRÉSENTES QU’ELLES EXIGENT QUE CETTE ENTENTE ET TOUS LES DOCUMENTS Y AFFÉRENTS, SOIT POUR LE PRÉSENT OU LE FUTUR, SOIENT RÉDIGÉS EN LANGUE ANGLAISE SEULEMENT.
5. Applicable Law, Venue and Jurisdiction. THIS EULA SHALL BE GOVERNED BY THE LAWS SPECIFIED FOR THE APPLICABLE PRODUCT WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

6. Entire Agreement. This EULA, the applicable Company Privacy Notice, applicable Terms of Service (together Annexes, Schedules, and Exhibits attached hereto and all other documents that are incorporated by reference herein, constitute the entire and exclusive agreement) between Company and you regarding the App (excluding any service for which you have a separate agreement with Company that is explicitly in addition or in place of this EULA Terms), and this EULA shall supersede and replace any prior agreements between Company and you regarding the App, but for the applicable Terms of Service that shall be read in conjunction with this EULA.

   To the extent there is any conflict between this EULA and the Terms of Service, this EULA shall prevail. You hereby agree that the Company has not made any inducements, commitments, conditions, representations or warranties of any kind to You whether direct, indirect collateral, express or implied, oral or written other than what has been set forth in this EULA. Company may revise this EULA, the Terms of Service, and the Company Privacy Notice from time to time.

   The most current version of the Terms of Service will be located in the applicable App or at, as applicable, available at https://cdn.mbl.link/documents/ml-terms-and-conditions.html or https://www.ecobee.com/en-ca/privacy-policyand the most current version of the Privacy Notice will be available, as applicable, at https://www.generac.com/policies/privacy/ or https://www.ecobee.com/en-ca/privacy-policy/ If any revision, in Company’s sole discretion, is material, we will notify you via email to the email associated with your account or through the App. If you object to any such revisions, your sole recourse shall be to cease using the App. Your continued access or use the App after those revisions become effective means you accept such revisions and agree to abide and be bound by the most recent version of this EULA, the applicable Terms of Service, and the applicable Privacy Notice.

ecobee Technologies ULC (“ecobee” or “Company”) is offering you the opportunity to make referrals via its Refer-a-friend Program (“Program”) offered on the website located at ecobee.com/en-us/refer (the “Site”).

1. Binding Agreement. By using the Site or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of the Company's decisions are final and binding.

2. How the Program Works. The Program is available to legal residents of the United States of America who are at least 18 years old. Each Program participant must visit the Site and follow the on-screen instructions to refer other individuals, friends, colleagues, or family members, who are not current ecobee customers (each a “Referee”). Once an individual makes a referral, they become a “Referrer” and will be provided with a unique Shopify discount code that allows them to receive a 15% discount for a purchase on ecobee.com, as described below. Referees must complete the referral as described in the referral message.

3. Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as a Referee. The Referrer’s referral message may not be shared, sold or used in any similar way. Referral messages shared to or obtained through other sources (such as through a posting to a third-party intermediary or website) will not be honored. No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate. The Company’s Program cannot be used by businesses for affiliate lead generation as determined in Company’s sole discretion.

4. Rewards. By making a valid referral, Referrers will receive a Shopify discount code for a 15% discount on a purchase from ecobee.com and the Referee will likewise receive a Shopify discount code for a 15% discount for their first purchase on ecobee.com, as further set forth in this section. No minimum order value is required to redeem the discount code and must be used on a regularly priced product. The discount code cannot be combined with other offer codes or discounts, cannot be stacked with other promotions, and cannot be redeemed during promotional periods. Unless otherwise noted herein, the discount code is valid on select products and bundles sold on ecobee.com, as solely determined in Company’s discretion, and is based on inventory supply as select models sell out during certain times of the year. Explicitly excluded from this Program are the ecobee SmartCamera with Voice Control, Thermostat accessories, as well as subscription services including Air Filters and ecobee Smart Security. The discount code expires 60 days from the date received by the program participant. The determination to redeem any specific discount code is pursuant to Company's sole discretion and other restrictions may apply. The Company may delay discounts for the purpose of investigation. The Company may also refuse to verify and process any transaction for any reason.

Unless otherwise stated, discounts have no independent monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.

5. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, and our respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

6. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RSULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

7. Compliance with Applicable Law. The Referrer will i) familiarize themselves and comply with applicable law, including, but not limited to, Canada's anti-spam legislation (“CASL”) and Controlling the Assault of Non-Solicited Pornography And Marketing Act (“CAN SPAM Act”); ii) only send one referral message to Referee related to the Program; iii) remain the actual sender of the referral message; iv) create and distribute Referrals in a personal manner that is appropriate and customary for communications with Referee, colleagues and family members; and v). By submitting any email address as part of the Program, the Referrer represents that he/she has obtained the appropriate permission and consent before sending recipients any promotional or marketing messages related to the Program and will keep detailed records of consent, including dates, methods of consent, and the information provided to Referees. Any distribution of the referral messages that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination and exclusion from the Program. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Released Parties against any liabilities, costs and expenses it incurs as a result of such spam.

Personal Information. By participating in the Program, each Referrer and Referee consents to the collection, use, disclosure, and retention of their personal information for the purposes of administering the Program and in accordance with Company’s Privacy Notice.

No Combination. Referrers and Referees may not combine any discounts obtained through the Program with any other offer codes or discounts offered by ecobee or final sale products.

Representations and Warranties. Referrer represents and warrants that Referrer: (i) will not hold themselves out as an agent or otherwise purport to represent or bind ecobee in any manner; (ii) will not make false or misleading representations about ecobee product or services; (iii) will not make representations, warranties, guarantees or negotiate any specific terms with Referees including, without limitation, concerning the specifications, features or capabilities of ecobee’s products or services; and (iv) shall not under any circumstance disparage ecobee’s and its products or services.

8. Right to Cancel, Modify or Terminate. Company reserves the right to cancel, modify or terminate the Program at any time for any reason. Company reserves the right to disqualify any individual at any time from participation in the Program if they do not comply with these Terms. If the Program is terminated, any unclaimed Referral Rewards will be forfeited at that time.

9. Taxes

The Referrer is and remains responsible for any obligations relating to tax reporting that arise from payments made to them under the Program.

10. Governing Law

These Terms and the Program shall be governed by the laws of the State of Wisconsin and the laws of Wisconsin applicable therein.