TERMS OF USE

These terms of use, along with any documents incorporated into these terms of use by reference (collectively, these “Terms of Use”) are an agreement between Nextracker Inc. (“Nextracker” “we” and “us”) and you, a user of nextracker.com including any content, functionality, and services offered on or through nextracker.com (collectively, the “Website”). Please read these Terms of Use carefully. By accessing or using the Website, you agree to be bound by these Terms of Use, as well as by Nextracker’s Privacy Policy.

Any new features of the Website, including updates, upgrades, releases, new products, or new services, shall also be subject to these Terms of Use.

In addition, some products or services offered through the Website may be subject to additional terms and conditions, which may be provided in conjunction with such products or services (collectively, the “Product and Service Agreements”). Your use of such products or services is subject to the applicable Product and Service Agreement(s). In the event of any conflict between a Product and Service Agreement and these Terms of Use, with respect to your use of such products or services, the Product and Service Agreement(s) shall apply.

1. ACCEPTABLE USE

You may access the Website and any content or information contained therein for your information and use solely as permitted under these Terms of Use. You may not use, download, or copy any content on the Website unless: (1) you use the content solely for personal, informational, and noncommercial purposes; (2) the Nextracker trademark and copyright symbol and statement set forth on each page of the Website appears on each downloaded or copied page; and (3) no modifications are made to any content. Nextracker reserves the right to revoke the authorization to view, download, and print the content available on the Website at any time, and any such use shall be discontinued immediately upon written notice from Nextracker. Except as expressly provided herein or on the Website, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any content from the Website in whole or in part without the prior written permission of Nextracker. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to Nextracker’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser or to interfere with the proper working of the Website in any manner. You agree to comply with all applicable laws in your use of the Website. Nextracker, its licensors and suppliers reserve all rights not expressly granted in these Terms of Use.

You may use the Website only for lawful purposes in accordance with these Terms of Use. You agree not to use the Website in any way that violates applicable law or regulation, to exploit or harm any person, to transmit or cause the transmission of any advertising or promotional materials or other solicitations, to impersonate Nextracker or any of its employees or any other person, or to engage in any conduct that impairs any person’s use of the Website.

2. NEXTRACKER CONTENT; PROPRIETARY RIGHTS

Through the Website, we provide information about Nextracker, the Nextracker products and related services. We are the owner or authorized licensee of all information, materials, functions and other content contained on the Website, and you acknowledge that you are only receiving a limited right to access or use this content. Except as expressly permitted in these Terms of Use and on the Website, no content from the Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Website.

We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of the Website and its content, as well as your access to and use of any products or services. We may use such information and data for benchmarking and other service enhancements. Information we collect from you will be treated pursuant to our then current Privacy Policy.

The name “Nextracker” is a registered trademark of Nextracker Inc., and it, and all of Nextracker’s graphics, slogans, logos, designs, page headers, button icons, scripts, product names, and service names are copyrights, trademarks, trade names, or trade dress of Nextracker in the United States and/or other countries. These copyrights, trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion, unless expressly allowed in writing by Nextracker. All other trademarks, product names, trade names, service names and logos used within the Website are the property of their respective holders and you are not permitted to use same without the prior written consent of the respective owner. Use, by Nextracker, of such other company trademarks, trade names, product names, service names, logos, or images of the same does not necessarily constitute: (1) an endorsement by such company of Nextracker and its products, or (2) an endorsement of the company or its products by Nextracker.

We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the access of users who infringe or are charged with infringing the intellectual property rights of others.

3. LINKS TO THIRD PARTY SITES

We are not responsible for the content or availability of outside websites or resources linked to or referenced on the Website. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, services or other materials on or available from such websites.

The Website may contain links or references to outside websites or resources. Nextracker does not endorse and is not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, services or other materials on or available from such websites or resources.

4. REGISTRATION AND ACCOUNTS

The content available on the Website may be accessed without registering with Nextracker. If you choose to purchase any products or services offered on the Website, desire to become a Nextracker partner, or desire to apply for a position at Nextracker, you may be asked to register with us and to create your own unique user name and password. You must keep all account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. If you are asked to provide registration or other information as part of accessing the Website or using any of the resources offered through the Website, your use of the Website and such resources is conditioned on you providing correct, current and complete information.

You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Use.

5. REPORTING COPYRIGHT INFRINGEMENT

If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Website.

The DMCA Notice of Alleged Infringement shall:

1. Identify the copyrighted work that you claim has been infringed.

2. Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the notice:

o “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

o “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this notice, with all items completed, to Nextracker’s Designated Copyright Agent at:

Nextracker Inc.

6200 Paseo Padre Parkway

Fremont, CA 94555

Attn: Kristan Kirsh

Email: kkirsh@nextracker.com

6. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY

THE WEBSITE, ITS CONTENT, AND ANY DOCUMENTATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. NEXTRACKER AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE WEBSITE, ITS CONTENT, ANY DOCUMENTATION, PRODUCTS, AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Any reliance you place on materials OBTAIned through the website is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. WE WILL NOT BE LIABLE IF ALL OR PART OF THE WEBSITE IS UNAVAILABLE AT ANY TIME REGARDLESS OF THE REASON FOR THE UNAVAILABILITY.

NEXTRACKER AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, OR COSTS OF REPLACEMENT GOODS, HOWEVER CAUSED, ARISING OUT OF THIS DISCLAIMER, THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY DOCUMENTATION, PRODUCTS, OR SERVICES, EVEN IF NEXTRACKER OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEXTRACKER’S AGGREGATE LIABILITY ARISING OUT OF THIS DISCLAIMER OR YOUR USE OF NEXTRACKER’S CONTENT, THE WEBSITE, OR ANY DOCUMENTATION, PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT, SERVICES OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.

7. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Nextracker and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of these Terms of Use or your violation of any law or the rights of a third party.

8. TERMINATION

These Terms of Use shall take effect on the date you first access or use the Website and shall continue until terminated in accordance with these Terms of Use. You agree that we may, in Nextracker’s sole discretion, suspend, block or terminate your access to all or part of the Website and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

9. GOVERNING LAW

Any claim or dispute arising out of or relating to your use or attempted use of the Website shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. By using the Website, you submit to the exclusive personal jurisdiction of the appropriate state or federal courts in Santa Clara County, California, in any proceeding relating to any such claim or dispute.

10. MISCELLANEOUS

These Terms of Use and our Privacy Policy constitute the entire agreement between you and Nextracker with respect to your use of the Website and the matters covered in these Terms of Use and our Privacy Policy. You may not assign these Terms of Use in whole or in part without Nextracker’s prior written consent, and any purported assignment in violation of this sentence shall be null and void. We may assign or otherwise transfer these Terms of Use and all rights hereunder in connection with any corporate reorganization, merger or sale of all or substantially all of the assets and business to which these Terms of Use relate. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms of Use is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

11. MODIFICATIONS

We reserve the right to make changes to these Terms of Use at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically to familiarize yourself with any modifications. By continuing to access and use the Website after those changes become effective, you consent and agree to be bound by the revised Disclaimer.

12. CONTACT US

If you have any questions or comments regarding these Terms of Use or our Privacy Policy, you may contact us at admin@nextracker.com.

These Terms of Use are effective as of February 9, 2023.