Terms of Use

This Terms of Use ("Agreement") is a legally binding agreement between you ("End User" “Installer” or "You") and EcoFlow Inc., including its affiliates ("EcoFlow"). This Agreement governs your use of the EcoFlow application ("Application"), the EcoFlow Web Portal at portal.ecoflow.com/user and the EcoFlow Pro Web Portal at portal.ecoflow.com/prohttps://portal.ecoflow.com/pro (the Application and the EcoFlow (Pro) Web Portal collectively as "EcoFlow Managing System" or "EcoFlow MS"), as well as the power solutions, products that you have purchased or acquired from EcoFlow and other services EcoFlow may provide to you (collectively as, “Content and Services”).

EcoFlow MS is licensed to you, not sold.

EcoFlow MS runs different Content and Services. After the deployment of Content and Services, EcoFlow provides information management services, such as data collection, management and displaying for Content and Services through EcoFlow MS.

BY INSTALLING, USING OR/AND ACCESS ECOFLOW MANAGING SYSTEM OR/AND CONTENT AND SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, USE OR/AND ACCESS ECOFLOW MANAGING SYSTEM AND DELETE IT FROM YOUR DEVICE.

TO END USER: PRIOR TO THE INSTALLATION OR/AND UTILIZATION OF THE CONTENT AND SERVICES, IT IS IMPERATIVE THAT THE END USER METICULOUSLY AND COMPREHENSIVELY READS THROUGH THE TERMS OF USE, INSTALLATION GUIDES AND USER MANUALS ASSOCIATED WITH THE SPECIFIC PRODUCT(S). ECOFLOW SHALL NOT BE HELD LIABLE FOR ANY HARM OR DAMAGES RESULTING FROM THE IMPROPER USAGE OR MISCONDUCT BY THE END USER.

TO INTALLER: ON BEHALF OF THE INSTALLATION COMPANY, YOU, AS THE RESPONSIBLE PARTY, HEREBY WARRANT AND UNDERTAKE THAT ANY TRANSFER OF USERS' PERSONAL DATA TO ECOFLOW SHALL FULLY ADHERE TO THE LEGAL STIPULATIONS AND OBLIGATIONS OUTLINED IN THE APPLICABLE PRIVACY LAWS AND REGULATIONS. THIS COMPLIANCE SHALL BE ENSURED EITHER THROUGH THE ESTABLISHMENT OF A LEGITIMATE LEGAL BASIS FOR SUCH DATA TRANSMISSION OR THROUGH OBTAINING EXPLICIT, VALID CONSENT FROM THE RESPECTIVE USERS, AS MANDATED BY THE APPLICABLE PRIVACY LAWS.

FURTHERMORE, YOU ACKNOWLEDGE AND ACCEPT THE RESPONSIBILITY FOR CONDUCTING DUE DILIGENCE TO VERIFY THE COMPLIANCE OF THE DATA TRANSFER WITH THE RELEVANT PRIVACY LAWS, INCLUDING BUT NOT LIMITED TO ENSURING THAT THE DATA SUBJECTS HAVE BEEN DULY INFORMED OF THE PURPOSES AND SCOPE OF THEIR PERSONAL DATA PROCESSING, AND THAT THEIR RIGHTS UNDER THE PRIVACY LAWS ARE RESPECTED AND UPHELD.

IN THE EVENT OF ANY BREACH OR NON-COMPLIANCE WITH THE AFOREMENTIONED LEGAL REQUIREMENTS IN THE TRANSFER OF USERS' PERSONAL DATA TO ECOFLOW, YOU SHALL INDEMNIFY AND HOLD ECOFLOW HARMLESS FROM ANY LEGAL REPERCUSSIONS, LIABILITIES, CLAIMS, DAMAGES, OR EXPENSES INCURRED AS A RESULT OF SUCH BREACH OR NON-COMPLIANCE, INCLUDING ANY LEGAL FEES AND COSTS ASSOCIATED WITH THE DEFENSE OF ECOFLOW IN SUCH MATTERS.

This warranty and undertaking shall remain in full force and effect for the duration of the data processing activities and the contractual relationship between the installation company and EcoFlow, as well as for any period prescribed by applicable privacy laws beyond the termination of said relationship.

1. License Grant. Subject to the terms of this Agreement, EcoFlow grants you a limited, non-exclusive, and nontransferable license to:

• (a) download, install, and use EcoFlow MS for your authorized use by EcoFlow on a single Device owned or otherwise controlled by you ("Device") strictly in accordance with EcoFlow MS's documentation;
• (b) access, stream, download, and use on such Device the Content and Services made available in or otherwise accessible through EcoFlow MS, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.

2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by EcoFlow MS, you shall not:

• (a) copy EcoFlow MS, except as expressly permitted by this license;
• (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of EcoFlow MS;
• (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of EcoFlow MS or any part thereof;
• (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from EcoFlow MS, including any copy thereof;
• (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available EcoFlow MS, or any features or functionality of EcoFlow MS, to any third party for any reason, including by making EcoFlow MS available on a network where it is capable of being accessed by more than one device at any time;
• (f) use any robot, spider, or other automatic device, process, or means to access EcoFlow MS for any purpose, including monitoring or copying any of the material on EcoFlow MS;
• (g) use any manual process to monitor or copy any of the material on EcoFlow MS, or for any other purpose not expressly authorized in this Agreement, without EcoFlow's prior written consent;
• (h) frame, mirror, or otherwise incorporate EcoFlow MS or any portion of EcoFlow MS as part of any other mobile application, website, or service;
• (i) use EcoFlow MS in any manner that could disable, overburden, damage, or impair EcoFlow MS or interfere with any other party's use of EcoFlow MS; or
• (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting EcoFlow MS.

3. Account Use and Management. You will be given an account number and password since registration and need to handle all passwords confidentially to avoid disclosing this password to unauthorized third parties. If You wish to cancel your account, please contact privacy@ecoflow.com to do so.

In order to ensure the safe and smooth operation of your Content and Services and the proper use of EcoFlow MS's services, You authorize EcoFlow to perform the following operations on your equipment in the event that you make a maintenance request, including

• (a) Equipment troubleshooting: log export, equipment upgrade, parameter modification, alarm clearing, equipment (including but not limited to inverters, energy storage batteries, communication modules, optimizers, etc.) search, addition, replacement, equipment name modification;
• (b) Power station fault handling: power station data repair, replenishment, new power station, power station name modification, power station basic data (such as time zone, electricity price, etc.) modification, power station physical layout map modification, testing, license upload, IV scan diagnosis, create alarm rules, data subscription rules;
• (c) Account processing: in the scenario where the user loses or forgets the password, EcoFlow is required to assist in completing the account password reset operation; in the scenario where the user account is disabled, EcoFlow is required to assist in completing the account activation operation; in the scenario where the user takes the initiative to request a new account or role, EcoFlow is required to assist in completing the new account or role operation; in the scenario where the user takes the initiative to request the opening of an API account or locating related problems, EcoFlow is required to assist in completing the API account activation operation. In the scenario of user-initiated opening of API accounts or locating related problems, EcoFlow is required to assist in the opening of API accounts, logging in, debugging data calls and adding associated power stations to API accounts.

4. Reservation of Rights. You acknowledge and agree that EcoFlow MS is provided under license, and not sold, to you. You do not acquire any ownership interest in EcoFlow MS under this Agreement, or any other rights thereto other than to use EcoFlow MS in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. EcoFlow reserves and shall retain its entire right, title, and interest in and to EcoFlow MS, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto.

5. Collection and Use of Your Information. You acknowledge that when you download, install, or use EcoFlow MS, EcoFlow may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of EcoFlow MS. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using EcoFlow MS or certain of its features or functionality, and EcoFlow MS may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with EcoFlow MS is subject to our Privacy Policy eu-trust-center-b.ecoflow.com/privacy-policy By downloading, installing, using, and providing information to or through EcoFlow MS, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. Content and Services. EcoFlow MS may provide you with access to EcoFlow's website（"the Website"）located at www.ecoflow.com and Content and Services accessible thereon, and certain features, functionality, and content accessible on or through EcoFlow MS may be hosted on the Website. Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at account.ecoflow.com/agreement/en-eu/TermsOfUse.html and eu-trust-center-b.ecoflow.com/privacy-policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of EcoFlow MS's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

7. Updates. To ensure the safety, functionality or performance of the EcoFlow MS and Content and Services , to fix a bug or error that may affect their operation or reliability, or to ensure compliance with the applicable laws, regulations and standards, EcoFlow may from time to time in its sole discretion develop and provide EcoFlow MS or Content and Services updates and fixes, which may include firmware or software upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. Based on your Device settings, when your Device is connected to the internet either:

• (a) EcoFlow MS will automatically download and install all available Updates; or
• (b) 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 EcoFlow MS or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of EcoFlow MS and be subject to all terms and conditions of this Agreement.

The period of support and updates shall correspond with the warranty duration of the specific product acquired from EcoFlow. THE RIGHT TO INSTALL ALL AVAILABLE UPDATES ITSELF. IN THE EVENT THAT, DUE TO YOUR DECISION NOT TO PROCEED WITH THE UPDATES AND ANY TECHNICAL CHALLENGES WITH YOUR DEVICE, IT MAY NOT BE FEASIBLE TO IMPLEMENT CERTAIN UPDATES, ANY RESULTING LOSSES WOULD BE ENTRUSTED TO YOU ON AN EXCLUSIVE AND PERSONAL BASIS.

8. Third-Party Materials. EcoFlow MS may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that EcoFlow is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. EcoFlow does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

9. Term and Termination.

• (a) The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or EcoFlow as set forth in this Section 9.
• (b) You may terminate this Agreement by deleting EcoFlow MS and all copies thereof from your Device.
• (c) EcoFlow may terminate this Agreement at any time without notice if it ceases to support EcoFlow MS, which EcoFlow may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
• (d) Upon termination:

  (i) all rights granted to you under this Agreement will also terminate; and

  (ii) you must cease all use of EcoFlow MS and delete all copies of EcoFlow MS from your Device and account.

• (e) Termination will not limit any of EcoFlow's rights or remedies at law or in equity.

10. DISCLAIMER OF WARRANTIES.

THE TECHNICAL DATA USED FOR THE CONTENT AND SERVICES WILL BE CONTINUOUSLY CHECKED DURING PRODUCTION AND ADJUSTED AS NECESSARY. HOWEVER, DISCREPANCIES AND ERRORS MAY STILL OCCUR. ECOFLOW DO NOT ASSUME ANY RESPONSIBILITY FOR THE COMPLETENESS AND/OR CORRECTNESS OF THE DATA (VALUES DO NOT REPRESENT PROTECTED CHARACTERISTICS). ECOFLOW ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, COMPLETENESS OR QUALITY OF THE INFORMATION, DOCUMENTATION, INDICATED RESULTS AND REVENUE INFORMATION PROVIDED. ECOFLOW IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE REFERENCED OR LINKED SPECIFIED INFORMATION. LIABILITY CLAIMS AGAINST ECOFLOW ARISING FROM THE USE OR NON-USE OF THE INFORMATION PROVIDED, OR FOR MATERIAL OR IMMATERIAL DAMAGE ARISING FROM THE USE OF INCORRECT OR INCOMPLETE INFORMATION, SHALL BE EXCLUDED IF ECOFLOW IS NOT LIABLE FOR INTENT OR GROSS NEGLIGENCE. IN PARTICULAR, ECOFLOW SHALL NOT BE LIABLE FOR DEFECTS AND CONSEQUENTIAL DAMAGE, INCORRECT PROFIT OR SELF-CONSUMPTION CALCULATIONS, LOSS OF PROFIT, LOSS OF USE, DAMAGE TO USED HARDWARE, LOSS OF DATA, INTERRUPTION OF OPERATION OR OTHER DAMAGE. LIABILITY FOR LOSS OF DATA IS LIMITED TO THE GENERAL COST OF DATA RECOVERY IN THE EVENT OF PERIODIC BACKUPS IN RESPONSE TO RISK, UNLESS ECOFLOW ACTS WITH INTENT OR GROSS NEGLIGENCE ON THE PART OF THE PARTY. YOU ARE SOLELY RESPONSIBLE FOR CHECKING THE CONTENT OF THE RESULTS OBTAINED FROM THE USE OF ECOFLOW MS AND WHETHER SUCH CONTENT CAN BE CONTINUOUSLY USED FOR ITS SPECIFIC PURPOSE. ECOFLOW EXPRESSLY DECLARES THAT THE PROFIT AND SELF-CONSUMPTION INFORMATION PUBLISHED ON THE ECOFLOW MS MAY ONLY BE USED BY THE USER AND IN PARTICULAR NOT AS A BASIS FOR ACCOUNT SETTLEMENT OR AS EVIDENCE FOR CLAIMS AGAINST THE NETWORK OPERATOR IN CONNECTION WITH ENERGY SAVINGS. THE USER HAS NO CLAIM TO THE AVAILABILITY OF ECOFLOW MS OR TO 100% DATA AVAILABILITY. UNLESS OTHERWISE AGREED IN THESE TERMS, ALL INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED TO YOU VIA ECOFLOW MS ARE PROVIDED BY ECOFLOW "AS IS". ECOFLOW MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF ECOFLOW MS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONTAINED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ECOFLOW MS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF ECOFLOW MS IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ECOFLOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability. To the fullest extent permitted by applicable law, in no event will EcoFlow or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use EcoFlow MS or the Content and Services for:

• (a) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages.
• (b) direct damages in amounts that in the aggregate exceed the amount actually paid by you for EcoFlow MS.
• The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or EcoFlow was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.

12. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

13. Governing Law. This Agreement is governed by and construed in accordance with German law without giving effect to any choice or conflict of law provision or rule.