General Terms and Conditions for Service Use

The following provisions are to specify the General Terms and Conditions for Service Use of LG RESU HOME Monitoring Website (https://www.lgresuhomemonitor.com/) and smartphone applications of “LG RESU HOME” and “LGES PV Master” provided by LG Energy Solution, Ltd.
Please verify the general terms and conditions before using our services.

Chapter 1. General Provisions

• Article 1 (Purpose)

The purpose of these General Terms and Conditions is to provide rights, obligations, and duties between the site and the members who use the Internet-related services provided by the Company (hereinafter referred to as “Services”) LG RESU HOME Monitoring Website (https://www.lgresuhomemonitor.com/) and smartphone applications of “LG RESU HOME” and “LGES PV Master” provided by LG Energy Solution, Ltd. (hereinafter referred to as the "Company").

• Article 2 (Definitions of Terms)

The definitions of terms used in these General Terms and Conditions shall be as follows:

1. “Member” shall refer to a person who consents to these General Terms and Conditions as a user of ESS products of the Company, or an agent or a seller selling the ESS products of the Company, who specifies his or her personal information on the form of membership application at the LG ESS Battery Website, and obtains approval from a service administrator.
2. “Site” shall refer to the virtual business place established to provide goods or services by using information telecommunication facilities of computers, etc. in order for the Company to provide goods or services, and shall be also used as a business operator administering the site.
• Article 3 (Effectiveness and Modification of General Terms and Conditions)
1. These General Terms and Conditions shall come into effect with regards to all Members who intend to use the Services provided by the Company.
2. The provisions of these General Terms and Conditions shall come into effect when they are publicly announced at the site by being posted on the Company Site.
3. For the purposes of administration, business, or regulatory compliance, the Company may amend these General Terms and Conditions to the extent that it does not violate relevant laws. Amended General Terms and Conditions shall come into effect seven (7) days after being publicly posted on the Company Site.
• Article 4 (Relevant Rules other than these General Terms and Conditions)

With respect to any matter not specified in these General Terms and Conditions, relevant legislations such as the Framework Act on Electronic Telecommunications, the Electronic Telecommunications Business Act, and any other regulations, and guidelines independently provided by the Company, etc. shall be applicable.

• Article 5 (Content of Services)

The Company shall provide each of the following Services:

1. To provide information related to the Company’s ESS and Inverter products
2. To provide any other services as determined by the Company.
• Article 6 (Restrictions on Services)
1. In each of the following cases, the Company may restrict or suspend the Services in whole or in part:
1. (a) Where it is unavoidable to provide the Services due to constructions, or repairs of Services equipment
2. (b) Where the Services are likely to have a negative effect on the other operations of the Company
3. (c) Where there is any circumstance beyond one’s control which a party was not responsible for, and such circumstance prevents the Company from providing Services; or
4. (d) Where it is difficult to provide the Services due to national emergencies, power failures, failures of relevant equipment, or excessive uses, etc., or due to administrative issues.

Chapter 2. Service Use Agreement

• Article 7 (Formation of Use Agreement)
1. If a Member consents to the consent procedures specified for the provisions of these General Terms and Conditions for Service Use, he or she shall be deemed to have consented to the use agreement.
2. A use agreement shall be formed when the Company approves a Member’s application for use under this Agreement. The Company shall approve of Member applications in accordance with Article 9.
• Article 8 (Application for Use)

A Member’s application for use shall be filed by specifying relevant records according to the predetermined form and method, online or in an independent method for use as determined by the Company.

• Article 9 (Approval of Application for Use)
1. When a Member files an application for use in accordance with Article 8, the Company may approve such an application at its sole discretion.
2. The Company may deter its approval of each of the following applications for use:
1. (a) Where the Company does not have sufficient facilities for the provision of the Services
2. (b) Where it is impossible to provide the Services on technical grounds
3. (c) Where an application is found to negatively affect the Company’s other Services or
4. (d) Where it is otherwise difficult to approve uses on any other grounds.
3. The Company may not approve each of the following applications for use:
1. (a) Where an ID (Email) or information specified is not accurate
2. (b) Where an ID (Email) or information specified overlaps that of a previous Member
3. (c) Where a Member applicant files an application by providing false information at the time of application
4. (d) Where a Member applicant files an application for the purpose of undermining the society's social orders or good morals
5. (e) Where an application is found to negatively affect the Company’s other Services or
6. (f) Where any other requirements for application for use determined by the Company are not satisfied.
• Article 10 (Change of Specification in Agreements)

Where there is a change in the information provided by a Member after the time of his or her application for use, the Member shall notify the Company in accordance with the procedures as determined by the Company.

• Article 11 (Notifications for Members)
1. In the event that the Company is required to give a notice to the Members, it may do so by the giving notice to the email addresses submitted by the Members.
2. In the event that the Company is required to give a notice to a large number of members, it may replace individual notifications by posting notices on the Site’s bulletin board for not less than seven (7) days.
3. In the event that a Member has not verified a written confirmation provided by the Company due to his or her negligent control of an email address, errors in providing the email address, etc., the Company shall not assume any responsibility therefor.

Chapter 3. Duties of Contracting Parties

• Article 12 (Duties of Company)
1. The Company shall not disclose or distribute to a third party a Member’s personal information that it has received from the Member with respect to the provision of the services without his or her approval provided, however, that an exception shall be made where there are lawful procedures under the provisions of the laws. The Company may use a Member’s personal information without his or her consent only for the provision of Services.
2. To the extent of Section 1, the Company may prepare and use the statistical materials on the personal information of all or some of the Members with prior consent by Members with respect to its businesses, and transmit cookies to the Members' computers during the Services. In this case, the Members may change the browser setup of the devices used to reject their receipts of cookies or give warnings to the receipts of cookies, and the Members shall be responsible for changes of the use of the services resulting from a change in the setup for cookies.
3. The Company may provide the Members’ personal information to public authorities including, but not limited to, the national government, regional governments, organs of the national and/or regional governments, courts, and other public entities, without prior consent by members and in accordance with relevant laws, in a form of big data, etc. in which the Members’ personal information is not disclosed.
4. The PRIVACY POLICY FOR USERS independently specified shall regulate in detail the handling of personal information of Members
• Article 13 (Duties of Members)
1. The Members shall not engage in each of the following activities in using the services. In the event that a Member has engaged in each of the following activities, the Company may withdraw membership without prior notice:
1. (a) To wrongfully use another Member’s email address or password
2. (b) To use the information obtained by use of the Services for duplication, performance, broadcasting, display, distribution, publication, etc. by way of copying, processing, translation, or secondary copyright works, etc. other than for a Member’s personal use, or to provide the information to a third party
3. (c) To damage the reputation of third parties
4. (d) To infringe upon the copyrights and other rights of the Company and/or other third parties
5. (e) To engage in any criminal activity
6. (f) To register or distribute computer virus-infected materials that cause malfunctions of the services related facilities or the destructions or confusions of information, etc.
7. (g) To send information that may obstruct stable operations of the Services or send advertising information against the intention of a recipient or
8. (h) To engage in any other activity in violation of relevant laws.
2. The Members shall comply with the requirements specified in these General Terms and Conditions and any restrictions on the use of information provided by the Services.
3. The Members shall comply with the restrictions on use posted on the notifications or independently notified by the Company for each of the contents.
4. The Members may not assign or grant to third parties, or offer as security, the rights to use the Services and any other status under the use agreement, and the Member who has placed the postings in the Site shall have all the rights to and responsibilities for such postings including the copyrights to the postings.
5. The Members may not appropriate the contents or functions of the Services in whole or in part without prior approval by the Company.

Chapter 4. Use of Services

• Article 14 (Members’ Duties and Responsibilities for Management of Member IDs and Passwords)
1. The Members shall be responsible for managing their log-in information of IDs (emails) and passwords. The Members shall be responsible for all the consequences resulting from their negligence management or wrongful use of log-in information.
2. In the event that a Member’s ID (email), password, or company information is used by a third party without permission, the Member must notify the Company thereof. In the event that a Member has suffered damages or damages has been expanded because his or her default on or delay in giving a relevant notice to the Company, the Company shall not assume responsibilities for such damages.
3. Where there is a change in the Member information specified by a Member at the time of his or her application for use, the Member shall directly make a change(s) online, and shall be responsible for any problem that may arise due to his or her not doing so.
• Article 15 (Provision of Information)

The Company may provide the Member by email any information that it finds to necessary while the Services are used.

• Article 16 (Compensation for Damages)
1. The Company may conduct regular monitoring for improving the Services, during which period the Company shall not compensate for damages caused by unstable Services or discontinuance of the Services.
2. The Company shall not assume responsibilities for damages or delay in provision of the Services resulting from causes beyond the control of the Company, such as Members’ malicious or negligent conduct, natural disasters of fires, flood, etc., or strikes, difficulties in supply of electricity, etc.
3. In the event that a Member suffers damages as a result of the Company’s willful misconduct or negligence, the Member may request the Company to compensate for damages provided, however, that where a Member suffers damages in violation of these General Terms and Conditions for Service Use and the Personal Information Handling Policies, the Company shall not assume responsibilities for such damages.
4. In the event that a Member violates these General Terms and Conditions for Service Use or otherwise obstructs the Company’s service provisions or other normal business activities because of his or her willful misconduct or negligence, he or she shall be responsible for compensating the Company for damages.
5. In the event that a Member does not receive goods shipped due to registering a wrong address on the Site, the Company shall not assume responsibilities therefor.

Chapter 5. Exemptions, Competent Court of Jurisdiction, etc.

• Article 17 (Exemptions)
1. The Company shall not assume responsibilities for use failures of the Services due to reasons attributable to the Members.
2. The Company shall not be responsible for a Member’s loss of profits or consequential damages, nor shall it be responsible for damages, etc. resulting from the use of the materials acquired through the Services.
• Article 19 (Governing Laws and Competent Court of Jurisdiction
1. The General Terms and Conditions for Service Use and the Personal Information Handling Policies shall be governed by the laws of the Republic of Korea.
2. In the event that there is a dispute between the Company and a Member with respect to the use of services, in the first place, both parties shall sincerely make efforts to resolve such a dispute. In the event that a dispute is not resolved notwithstanding consultations, it shall be resolved by a lawsuit, in which case the Seoul Central District Court shall be the competent court of jurisdiction.