User Agreement

These General Terms and Conditions of Use (the “Terms of Use” ) govern your use of the S-Miles Cloud APP service (the “Service”),which allows you to (i) view performance data from Hoymiles Products and Third Party Products (as defined below) (collectively the “Products”); and (ii) access and manage the Products, as applicable. The terms “us”, “we”, or “our” refer to Hoymiles Power Electronics Inc. and its affiliates (“Hoymiles”) and any agents, independent contractors, representatives, or assignees that Hoymiles may, in its sole discretion, engage in the provision of the Service. The terms “you” or “your” refer to the person or entity that has purchased, accessed, licensed, or used the Services and has accepted these Terms of Use, including the owners of the Products (“Owner”) and/or any person or entity authorized to access and manage the Owner's Products and Services on the Owner's behalf. (“Authorized User”) (the Owner and the Authorized Users are each referred to as “Customer”).

Service Agreement

This is a legally binding agreement. When using or accessing the Service or authorizing any other person or entity to use or access the Service, you agree to be bound by these Terms of Use personally or on behalf of the Owner. By using or accessing the Service, you represent and warrant that you are the Owner or an employee, contractor, or agent of the Owner who is legally and expressly authorized to use the Service on behalf of the Owner. You also acknowledge that your distributor, installer, or S-Miles Cloud APP has access to your Products to provide technical support and that any of these or other Authorized Users added to the account have been authorized by the Owner.

Authorized Users may be permitted to use the Services and to monitor and control the Products. Authorized Users may also be able to view information (including personal data) and content related to all of the Owner's Products and Services associated with the Owner's account.

Authorized Users are responsible for their own actions in connection with the Products and Services, but the Owner also hereby accepts full responsibility for all actions taken by Authorized Users relating to the Owner's Products and Services.

We reserve the right, at our sole discretion, to update, amend, or modify these Terms of Use from time to time by posting the revised Terms of Use on the S-Miles Cloud APP that provide the Service. It is your responsibility to check the Terms of Use periodically for changes. Should you find these Terms of Use (including any revised Terms of Use) unacceptable at any time, you may discontinue your use of the Service. Your continued use of the Service following our posting of such changes on the S-Miles Cloud APP will mean that you accept and agree to the changes. If we make any significant additions or changes to these Terms of Use, the revised Terms of Use will be posted on the S-Miles Cloud APP to ensure that you accept or confirm such revisions before you continue using the Services. In some cases, the Service may also allow remote operation of certain Equipment connected to a home automation product. You acknowledge that certain configurations of home automation products could cause damage to your home appliances or to the Products and that S-Miles Cloud APP assumes no responsibility or liability whatsoever for any such damage.

S-Miles Cloud APP and its licensors shall own the Services, including all worldwide intellectual property rights therein. We grant you, for your personal or internal business purposes only, a non-exclusive, limited, revocable, and non-sublicensable right to access and use the Service in connection with your permitted use of the Products. We further grant you the right, solely with respect to the Online Designer, to reproduce and distribute to the Owner or prospective Owner a reasonable number of copies of any Online Designer output relating to such Owner. You agree not to use the Service for any other purpose, without limitation for commercial purposes, and under no circumstances shall you engage, directly or indirectly, in co-branding, framing, linking to, or reselling any portion of the Website or the Services without our prior written consent. You may not copy, develop, create derivative works of, reproduce, republish, modify, alter, download, post, transmit, broadcast, or otherwise use the Services except as expressly permitted herein. You may not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices appearing on the Services.

Installation, Maintenance, and Operation of Equipment

You shall be responsible for obtaining, paying for, installing, maintaining, and operating all communications equipment and services as well as the computer equipment necessary for you to access the Service (“Equipment”) in accordance with (i) the requirements specified by the Equipment manufacturers and (ii) any other documentation we may provide to you at any time in connection with the Products. In addition, you acknowledge that you shall be solely responsible for all costs associated with the communication of the Products with the Services. We assume no responsibility for any errors or problems resulting from any malfunction or failure of your equipment or the communication services you receive.

You acknowledge, subject to the General Terms and Conditions contained herein, that S-Miles Cloud APP or its agents may keep certain system and network diagnostic and maintenance tools (the “Support Tools”) at your site to facilitate the provision of remote support and maintenance for your Product (“Remote Support”). The Support Tools are and shall remain the sole and exclusive property of S-Miles Cloud APP. In addition, you authorize S-Miles Cloud APP to use the Support Tools and Remote Support, at its sole discretion, for remote installation of software and configuration patches, updates, and upgrades for your Product. S-Miles Cloud APP may also use the Support Tools and Remote Support to ensure that information regarding the performance of your Product is provided to S-Miles Cloud APP.

Browser Access and Internet Services

You may use standard Internet browsing software to access the Service. You acknowledge that we are not responsible for notifying you of any upgrades, fixes or enhancements, technical or other support for any browser, or for any date breaches concerning data transmitted over any computer network or telecommunications facility, including but not limited to the Internet. We do not endorse any particular browser software. In addition, your use of a browser may be subject to the browser licensor's license agreement, and you are solely responsible for complying with any such licensor's terms in addition to these Terms of Use. You shall also be responsible for obtaining Internet services through the Internet Service Provider (ISP) of your choice, for any fees charged by such ISP, and for any related communications service provider fees. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and you hereby expressly assume these risks (to the extent permitted by law). You further acknowledge that you have requested access to the Service for your convenience, and have made your own independent assessment of the adequacy of the Internet as a mechanism for accessing information and initiating instructions, and that you are satisfied with that assessment. We shall not be held responsible for Internet access services or for any security, corruption, transmission error, and access availability risks associated with your use of the Internet.

Content

The Services contain graphic works, applications, and other materials from S-Miles Cloud APP (the “S-Miles Cloud APP Content”) or Third Party Content (as defined below). The S-Miles Cloud APP Content is protected by copyright, trademark, patent, trade secret, and other laws, and S-Miles Cloud APP owns and retains all of its rights in the S-Miles Cloud APP Content and the Services. Except as expressly permitted herein or under applicable law, you may not directly or indirectly copy, develop, reverse engineer, reproduce, republish, download, post, broadcast, transmit, or otherwise use the S-Miles Cloud APP Content. You may submit certain content to the S-Miles Cloud APP for display when viewing the Panel and inverter data, including a site photo and certain administrative details. You represent and warrant that: (i) you own the Content you post on or through the Services or otherwise have the unrestricted right to grant licenses as such without the need to obtain consent and without consideration, and (ii) the posting of your Content on or through the Services does not and will not violate any applicable laws or the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to indemnify us against any claims by third parties arising as a result of your breach of these representations and warranties.

Collection and Use of Information

Our Products and Services collect:

When you use our Online Designer, the Service also collects and stores, among other things:

You acknowledge, accept, and hereby expressly agree that you are aware that

S-Miles Cloud APP may grant access to information, including certain personally identifiable information (“Personal Information”) within the Service, to Hoymiles' third party partners whose add-on products (e.g. a battery or home automation products) are connected to Hoymiles Products (“Third Party Partners”). These Third Party Partners have a duty of confidentiality in a manner consistent with applicable data protection laws and may disclose such information to other third parties at their discretion without the consent of S-Miles Cloud APP or any other person. You acknowledge and agree that you expressly authorize S-Miles Cloud APP to disclose your Personal Information to Third Party Partners. S-Miles Cloud APP makes no representations or warranties with respect to the safety of any products or services provided by third parties (“Third Party Products”). Accordingly, S-Miles Cloud APP shall not be responsible for your use of any Third Party Products, Results, or Online Designer Results or any personal injury, death, property damage (including but not limited to your home or your Customer's home) or other damage or loss arising out of or in connection with your use of any Third Party Products or the Online Designer Output. You should contact the third-party providers if you have any questions about their Third Party Products.

Passwords

You agree to protect and maintain the confidentiality of your user ID and the password you use to access the Service (“Password”) or other means of accessing data or information through the Service in order to prevent unauthorized access to your data and unauthorized use of the Service. Your product data or functionality may be damaged or lost if your user IDs and Passwords are lost, stolen, or used without authorization. You must not disclose your user ID and Password to any other person. S-Miles Cloud APP shall not be liable for any loss or damage arising from your failure to comply with the above requirements. We may change the password parameters at our sole discretion without prior notice, and if we do so, you will be required to change your Password.

Notifications

You may choose to receive certain reports and notifications about the Service, the Products, and their performance. We will send such reports to you electronically to the email address you provided when you registered for the Service or to such other email address as you may provide. You acknowledge and agree that, in your use of the Service, any messages or other communications that we are required to give you as a result of our obligations under these Terms of Use or the Service may be sent to you via the email address you provided when you registered for the Service or such other email address as you may provide. You further agree to receive electronic communications from us, including but not limited to promotional communications or other materials that we believe may be of interest to you. You can opt out of receiving these communications if you do not wish to receive them by notifying us via email at service@hoymiles.com.

Reports to Third Parties

The Service may include a feature that allows reporting of data collected by the Products directly to third-party government agencies or other recipients to whom users may have an interest in reporting such data (the “Report”). This feature may only be available to users in certain locations. If this feature is enabled, you are authorized to use the Service to report such data in this manner. This feature is provided to you as a convenience, and without limiting the effect of the terms outlined in the Limitation of Liability - Disclaimer of Warranties section below, S-Miles Cloud APP disclaims any responsibility for any inaccuracies in the data or any failure of this feature of the Service to report accurate information (or data). In no event shall S-Miles Cloud APP be liable to you, to any Customer, or to any third party in connection with any information submitted or not submitted to any government agency or to any recipients you have chosen to disclose information from the Products or through the Service, and you hereby agree to indemnify and hold S-Miles Cloud APP harmless from these or any other losses. Any claims, damages, or liabilities arising therefrom will be excluded. Your use of the Report of data collected is limited to your personal, business, or marketing purposes. You may not modify, alter, or download the Report except for such uses as expressly permitted in this paragraph. You may not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices included in the Report.

New Features

We reserve the right, at our sole discretion, to introduce new features to the Service from time to time or to modify or delete existing features. We will notify you of any such changes to the features where we are legally required to do so. Your use of new or modified features as they become available shall constitute your agreement to be bound by the rules governing such features.

Service Fees

Although general access to the Service is currently provided to you free of charge, certain premium features within the Service may be provided for a fee. You acknowledge that S-Miles Cloud APP reserves the right, at its sole discretion, to charge fees for providing access to the Services. Any fees payable for the Services (including any premium features) and the terms and conditions applicable thereto shall be set forth in a separate agreement to be negotiated between S-Miles Cloud APP and the specific Customer concerned. The terms of such agreements may vary significantly depending on the Customer concerned.

Limitation of Liability - Disclaimer of Warranties

UNLESS EXPRESSLY SET FORTH HEREIN OR OTHERWISE REQUIRED BY LAW, S-Miles Cloud APP SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) LOSS OF PROFITS OR LOSS OF POWER, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PRODUCTS OR THE SERVICE OR FOR ANY MALFUNCTION. THIS INCLUDES ANY ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CONTENT, ACCESS TO OR USE OF THE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTIVITY PROBLEMS, BUGS, ERRORS, VIRUSES, TROJAN HORSES, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION EQUIPMENT, OR OTHER PROBLEMS RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. S-Miles Cloud APP SHALL NOT BE LIABLE FOR ANY ERRORS IN THE SERVICES, INCLUDING INACCURATE OR MISSING MEASUREMENT OF DATA BY THE SERVICES, OR FOR ANY FAILURE OF THE SERVICES TO DETECT OR IDENTIFY ERRORS IN THE PRODUCTS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING INFORMATION, OUTPUTS, PRODUCTS, AND THIRD PARTY CONTENT) INCLUDED ON OR ACCESSIBLE THROUGH THE S-Miles Cloud APP ARE PROVIDED “AS IS” AND WHERE AND WHEN AVAILABLE, UNLESS OTHERWISE EXPRESSLY PROVIDED IN AN APPLICABLE AGREEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE UNLESS OTHERWISE SPECIFIED ON THE S-Miles Cloud APP OR IN AN APPLICABLE AGREEMENT. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) WITH RESPECT TO THE SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) CONTAINED ON OR ACCESSIBLE THROUGH THE S-Miles Cloud APP. THESE DISCLAIMERS SHALL NOT CONSTITUTE ANY LICENSE GRANTED TO YOU.

Other Agreements and Obligations

In addition to these Terms of Use, you acknowledge and agree to be bound by and comply with any other written requirements we may provide to you in connection with the Service and/or the Products and with all applicable national and foreign laws and regulations. You shall review and use the Products and the Service strictly in compliance with the Product Documentation or other documentation we may provide or make available to you.

Availability of Terminations

We may terminate or suspend these Terms of Use, in whole or in part, or terminate, suspend, or restrict your rights to access the Services, in whole or in part, at any time and without notice. Customers acknowledge that the Services may be suspended for reasons beyond the control of S-Miles Cloud APP. We will give you 90 days written notice before terminating the Service, except where such termination of the Services is due to your termination of use of the Products, your failure to make any payments or to fulfill any other obligations in respect of the Products, or your breach of these Terms of Use or any other terms provided to you by us or by the party from whom you purchased a Product (including any payment arrangements), in which case no notice will be given. Any obligations and liabilities of the parties having arisen prior to the termination date shall survive the termination of these Terms of Use for all purposes.

Indemnity

You acknowledge and agree that you will be personally responsible for your conduct with regard to your use of the Services, and agree to indemnify and hold us and our officers, directors, employees, and agents harmless from and against any losses, damages, liabilities, costs, or expenses of any kind (including but not limited to reasonable attorneys' fees) that we may incur in connection with any third party claims or otherwise. This includes your use of the Services, the use of the Services by Authorized Users on your behalf, or your violation of these Terms of Use or the rights of any third party (including but not limited to data protection rights). Your obligations under this paragraph shall survive the termination of these Terms of Use.

Records of Communication

We will treat all Personal Information related to your account as confidential unless otherwise stated herein. Any other communications or materials you provide to us through the S-Miles Cloud APP or via email (including comments and suggestions regarding the Services) will be considered non-confidential, except where prohibited by law, and we may use such communications or materials for any purpose consistent with our Privacy Policy and these Terms of Use, including reproduction, disclosure, broadcast, and posting.

Where a user ID or Password is provided by us to you as a representative of the Customer registered with the Service, you may not retain it after the end of your relationship with that Customer. You agree to notify us immediately if a person who has access to a Password leaves the entity to which that Password has been assigned.

Links to the Website

The S-Miles Cloud APP may contain certain data or other third-party information and links to other third-party websites (“Third Party Content”). We shall not be responsible for any false or inaccurate Third Party Content posted on or made available through the S-Miles Cloud APP, nor do we control the content, accuracy, or opinions expressed or provided on such linked websites. We neither endorse nor guarantee the products, information, or recommendations provided by Third Party Content or through such linked websites and assume no liability for the failure of any products or services advertised on such websites. Any third-party website may also offer less security than we do and have a privacy policy that differs from ours. Your access to, use of, and reliance upon any such content, products, or services are at your sole risk and subject to the applicable terms of use of such websites. S-Miles Cloud APP shall in no way examine, monitor, or check the accuracy or completeness of Third Party Content and linked websites.

Choice of Law/Successors - Waiver - Severability Clause

These Terms of Use and their enforcement shall be governed by the laws of the People's Republic of China, without regard to any Choice of Law Clause, and shall inure to the benefit of our successors and assignees, whether by merger, consolidation or otherwise. Should you access this Service from another jurisdiction, you will be responsible for ensuring compliance with all local laws relating to access and use of this Service. We shall not be deemed to have waived any of our rights or remedies under these Terms of Use unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. A waiver on any one occasion shall not be construed as an exclusion or waiver of any right or remedy on any future occasion. If any provision of these Terms of Use is contrary to the law under which these Terms of Use shall be construed, or if any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed to be restated to reflect, as nearly as possible, the original intentions of the parties in accordance with applicable law. The remaining provisions of these Terms of Use and the application of the challenged provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the fullest extent permitted by law.

Telemetry Data Collection and Usage Policy

Telemetry data shall be collected using the following methods:

Telemetry data shall be transmitted to cloud servers via encrypted channels and stored in secure and reliable databases. Data transmission and storage processes shall comply with best security practices to ensure data integrity and confidentiality.

The frequency of telemetry data collection should be determined based on the operational characteristics of the Equipment and actual requirements. Data should generally be collected at least on an hourly basis. For critical Equipment or Equipment that requires real-time monitoring, data should be collected more frequently, e.g. every minute or every second. Any unusual or erroneous data should be collected for subsequent analysis and processing as soon as it is detected.

The use of telemetry data mainly comprises:

The use of telemetry data applies to the following users:

Access to telemetry data should be strictly controlled to ensure data confidentiality and security. Different types of users should only access data relevant to their responsibilities to prevent the misuse of sensitive information. Telemetry data used in public places or platforms should be subject to relevant open-access policies or regulations to ensure appropriate use and sharing of data.

Telemetry data shall be anonymized where possible to eliminate personally identifiable information. Data collection and use shall comply with relevant privacy policies and standards to protect the privacy of users.

There should be strict data security management systems in place to clarify the responsibilities and authorizations of personnel at all levels and to ensure the confidentiality and security of data. The necessary security and technical measures should be taken to prevent data leakage, manipulation, or destruction during data transmission, storage, and use.

The Telemetry Data Collection and Usage Policy is updated regularly on the basis of system operation and regulatory changes. Equipment users and maintenance personnel should keep abreast of the latest guidelines and policies regarding telemetry data collection and use.

Last revised: 2025/2/25