TERMS OF USE

Last updated March 11, 2026

AGREEMENT TO OUR LEGAL TERMS

These Terms of Use form a legally binding agreement between you and SunPower Inc. ("SunPower," "Company," "we," "us," or "our") regarding your access to and use of the websites, applications, digital tools, and related online services that link to these Terms (collectively, the "Services").

SunPower Inc. is a Delaware corporation with a business address at 1403 North Research Way, Orem, Utah 84097, United States. You may contact us by phone at +1 877-299-4943, by email at privacy@sunpower.com, or by mail at that address.

By accessing or using the Services, you agree to these Terms of Use. If you do not agree, do not use the Services.

We may update these Terms from time to time. Updated Terms become effective when posted on the Services unless a later effective date is stated. Your continued use of the Services after any update means you accept the updated Terms.

The Services are intended for users who are at least 18 years old. Persons under 18 may not use or register for the Services.

1. OUR SERVICES

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction where that distribution or use would violate law or regulation or would subject us to registration requirements within that jurisdiction. Persons who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply.

The Services are not tailored to comply with industry-specific legal or regulatory regimes such as the Health Insurance Portability and Accountability Act (“HIPAA”), the Federal Information Security Modernization Act (“FISMA”), or the Gramm-Leach-Bliley Act (“GLBA”). You may not use the Services in a way that would subject us to those regimes unless we expressly agree in writing.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We own or license all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services, and all trademarks, service marks, and logos contained in the Services (collectively, the "Content" and the "Marks").

The Content and Marks are protected by copyright, trademark, and other intellectual property laws and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Terms, including the "Prohibited Activities" section below, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose.

Except as expressly permitted in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in these Terms, please send your request to privacy@sunpower.com. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Your submissions

If you directly send us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you assign to us all intellectual property rights in that Submission to the extent permitted by law. You agree that we may use and share Submissions for any lawful purpose without acknowledgment or compensation to you.

You are responsible for what you submit. By sending us Submissions through any part of the Services, you confirm that your Submission does not violate any law, does not infringe any third-party right, and is not unlawful, harassing, defamatory, obscene, misleading, or otherwise objectionable.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms; (2) you are not under 18 years of age; (3) you will not access the Services through automated or non-human means except through standard search engine or browser functionality; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than the purpose for which we make the Services available. As a user of the Services, you agree not to:

  1. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

  2. Trick, defraud, or mislead us or other users, including any attempt to learn sensitive account information such as user passwords.

  3. Circumvent, disable, or otherwise interfere with security-related features of the Services.

  4. Disparage, tarnish, or otherwise harm us or the Services.

  5. Use information obtained from the Services to harass, abuse, or harm another person.

  6. Make improper use of our support services or submit false reports of abuse or misconduct.

  7. Use the Services in a manner inconsistent with any applicable law or regulation.

  8. Engage in unauthorized framing of or linking to the Services.

  9. Upload or transmit viruses, Trojan horses, or other harmful material, including spam or repetitive postings that interfere with use of the Services.

  10. Use any automated system, including bots, scrapers, spiders, or data mining tools, except as may result from standard search engine or browser usage.

  11. Delete copyright or other proprietary rights notices from any Content.

  12. Attempt to impersonate another user or person or use the username of another user.

  13. Upload or transmit any passive or active information collection or transmission mechanism, including web bugs, cookies, spyware, or similar devices, except as expressly permitted through standard browser functionality and in compliance with law.

  14. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  15. Harass, annoy, intimidate, or threaten our employees or agents.

  16. Attempt to bypass measures designed to prevent or restrict access to the Services or any portion of the Services.

  17. Copy, adapt, decipher, decompile, disassemble, or reverse engineer any software comprising part of the Services, except as permitted by applicable law.

  18. Use a buying agent or purchasing agent to make purchases or requests through the Services without authorization.

  19. Collect usernames or email addresses for the purpose of sending unsolicited email or create accounts by automated means or under false pretenses.

  20. Use the Services as part of any effort to compete with us or otherwise use the Services or Content for any revenue-generating endeavor or commercial enterprise not expressly approved by us.

  21. Sell or otherwise transfer your profile.

  22. Misrepresent your relationship with SunPower or misuse the SunPower name, logos, trademarks, or branded materials.

  23. Misuse, scrape, disclose, sell, or exploit data obtained from the Services except as expressly authorized by us in writing.

  24. Violate any applicable law, regulation, ordinance, or third-party right in connection with your use of the Services.

5. USER SUBMISSIONS

The Services do not provide a public forum for users to post or publish content. However, users may submit inquiries, forms, feedback, applications, and other materials directly to us through the Services. Any such materials are treated as Submissions under these Terms.

6. LICENSE TO SUBMISSIONS AND FEEDBACK

You and the Company agree that we may access, store, process, and use any information and personal data that you provide in accordance with our Privacy Notice and your choices, including any settings you select.

By submitting suggestions or other feedback regarding the Services, you agree that we may use and share that feedback for any purpose without compensation to you.

7. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites and content, including articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties. We do not investigate, monitor, or check third-party websites or content for accuracy, appropriateness, or completeness, and we are not responsible for any third-party websites accessed through the Services or any third-party content posted on, available through, or installed from the Services.

8. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof, in our sole discretion and without notice; (4) remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

9. PRIVACY NOTICE

We care about data privacy and security. Please review the SunPower Privacy Notice posted at https://us.sunpower.com/privacy-policy. By using the Services, you agree to be bound by that Privacy Notice, which is incorporated into these Terms by reference.

10. TERM AND TERMINATION

These Terms remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we may take appropriate legal action, including civil, criminal, and injunctive relief.

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason in our sole discretion without notice. We have no obligation to update any information on the Services.

We do not guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

12. GOVERNING LAW

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.

13. DISPUTE RESOLUTION

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute, except as expressly excluded below, will be finally and exclusively resolved by binding arbitration. You understand that, without this provision, you would have the right to sue in court and have a jury trial. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA Consumer Arbitration Rules, both available on the AAA website.

If for any reason a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Utah County, Utah, and the parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in those courts.

Any dispute brought by either party relating in any way to the Services must be commenced within one year after the cause of action arose. If this limitation is found to be illegal or unenforceable, then the applicable legal limitations period will apply only to that claim.

Restrictions

Any arbitration shall be limited to the dispute between the parties individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to use class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The following disputes are not subject to arbitration: (a) disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party; (b) disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.

14. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, or other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.

15. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranties or representations about the accuracy or completeness of the Services, the content of any websites or mobile applications linked to the Services, or any content made available through the Services, and we assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, any personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services, any unauthorized access to or use of our secure servers or personal information stored therein, any interruption or cessation of transmission to or from the Services, any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Services by any third party, or any errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Services.

16. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT, IF ANY, PAID BY YOU TO US DURING THE SIX MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR ONE HUNDRED U.S. DOLLARS ($100). SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and each of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms; (3) your breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any overt harmful act toward another user of the Services with whom you connected through the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with that defense.

18. USER DATA

We maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to activity you have undertaken using the Services. We have no liability to you for any loss or corruption of any such data, and you waive any right of action against us arising from any such loss or corruption.

19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically, by email, or on the Services satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Services. You waive any rights or requirements under any statute, regulation, rule, ordinance, or other law in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or payments or credits by means other than electronic means.

20. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 800-952-5210 or 916-445-1254.

21. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us regarding the Services. Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of that right or provision.

These Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.

22. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

SunPower Inc. 1403 North Research Way Orem, Utah 84097 United States

Phone: +1 877-299-4943

Email: privacy@sunpower.com