Friends and Family Terms and Conditions

5/21/2024

Derapi Friends and Family Program

Welcome to the Derapi Friends & Family Program!

Thank you for joining our community and agreeing to participate in the Derapi Friends & Family Program (the “Program”)!

By submitting your information on the webform, you agree to enter the Program and to connect your solar PV and other distributed energy resource devices to the Derapi API. Your participation helps us to improve the digital infrastructure that will be needed to support our future sustainable electricity grid by allowing us to collect and analyze energy production, electricity, system, and other similar data for use in testing and demonstration purposes as we continue to improve the Derapi API (your “Data”).

You may discontinue participation in the Program at any time by sending an email to support@derapi.com.

By submitting your information on the webform, you hereby agree that your participation in the Program and our use of your Data is subject to the terms attached below.

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Derapi Friends and Family Program Terms and Conditions

1. Voluntary Participation. You acknowledge that your participation in the Program is voluntary and that you may terminate your participation in the Program at any time.

2. Data Usage. Our use of your Data is subject to our Privacy Policy, and your Data will be anonymized before our use in testing or demonstration.

3. Release. By participating in the Program, you agree to release and hold harmless Derapi, Inc., its affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors from any and all liability for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death, which may occur in connection with the Program. You further agree to expressly and forever waive all rights under Section 1542 of the Civil Code of California (or any similar laws applicable to your jurisdiction which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MAY HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

4. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with the Program. Any controversy or claim arising out of or relating to the Program shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the state of California, city of San Francisco. The Program shall be governed by and construed in accordance with the laws of the state of California without regard to its conflicts of laws rules. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the City and County of San Francisco in the State of California.