Terms of Use

Empower Semiconductor, Inc., a Delaware corporation (“Empower,” “our,” “we,” or “us“), owns the website and mobile application at https://www.empowersemi.com (“Website”) The following terms and conditions (“Terms of Use“), together with our Privacy Policy and any documents they expressly incorporate by reference, are a binding agreement between You and Empower and govern your access to and use of the Website, including any content, functionality, and services offered on the Website, whether as a visitor to the Website or a customer of our products.

If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, graphics, user interfaces, music, sounds, artwork, computer code (collectively “Content”) and the design, coordination, selection, and arrangement thereof) are owned by Empower, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. By granting access to and use of the Website, Empower does not transfer any ownership rights in any Content found on the Website, and by furnishing information and materials through the Website, Empower does not grant any licenses to any copyrights, patents, or any other intellectual property rights.

You must not:

copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website;

modify copies of any materials from this Website;
use any illustrations, photographs, video or audio sequences, or any graphics;
delete or alter any copyright, trademark, or other proprietary rights notices from permitted copies of materials from the Website; or
access or use any part of the Website, or any services or materials available through the Website, for any commercial purposes.

If you wish to make any use of material on the Website, please address your request to: info@empowersemi.com.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

EMPOWER SEMICONDUCTOR, EMPOWER, POWERING THE AI REVOLUTION, the Empower logo, and all related names, logos, product and service names, designs, and slogans (the “Marks”) are trademarks of Empower or its affiliates or licensors. You must not use the Marks without the prior written permission of Empower. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Operation of the Website

We reserve the right, at our sole discretion, to do any of the following, at any time, for any reason or no reason, with or without prior notice, and without liability: (1) refuse, restrict, modify, suspend, or terminate operation of or your access to the Website, or any portion of the Website; (2) disable any username, password or other identifier; (3) modify or change the Website, or any portion of the Website; and (4) interrupt the regular operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Website. We may also make improvements or changes in the products or services described in the Website at any time without notice.

Registration to Certain Areas of the Website and Passwords

To access certain areas of the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

The Website may permit or require you to register or obtain a password prior to your access to certain portions of the Website. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and are fully responsible for all activities that occur under your login ID or account. Your password(s) are user-specific and may only be used by you. You agree to: (a) notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security involving access to the Website through your account; and (b) log out of your account at the end of each session.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
to transmit, or procure the sending of, any solicitation of funds, solicitation to purchase goods or services, advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
to impersonate or attempt to impersonate Empower, an Empower employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

to engage in any activity that is false, inaccurate, or misleading or that is in our sole discretion harmful, threatening, abusive, inappropriate, profane, defamatory, vulgar, libelous, obscene, obscene as to minors, pornographic, racist, lewd, lascivious, violent, harassing, indecent, unlawful, invasive of another’s privacy, or otherwise objectionable;

to infringe or violate any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Empower or users of the Website, or expose them to liability.

Additionally, you agree not to:

use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
use any device, software, or routine that interferes with the proper working of the Website;
introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Website.

A. Copyright Infringement – Digital Millennium Copyright Act

Empower respects the intellectual property rights of others. Empower will respond to notices of copyright infringement consistent with the Digital Millennium Copyright Act (the “DMCA”) and our response to such notices may include removing or disabling access to any allegedly infringing content. If You believe that content residing or accessible on the Platform infringes a copyright, You may submit written claims of copyright infringement to our Copyright Agent at:

Empower Semiconductor, Inc.

info@empowersemi.com

Written claims concerning copyright infringement must include the following information:

a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and e-mail address;
a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

B. Counter-Notice

If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following information to the Copyright Agent:

your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located in Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Happier will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

C. Reporting Claims of Trademark Infringement.

Complaints about trademark infringement are outside the scope of a DMCA Notice. However, if you believe your trademark complaint may also constitute a copyright infringement, you may choose to submit your complaint according to the DMCA Notice procedure outlined above.

If you believe that you have a trademark complaint that does not include a copyright claim, you may submit a valid and formal notice of a trademark complaint as outlined below by sending an email to info@empowersemi.com. When you submit a trademark complaint, you acknowledge and agree that we may forward your complaint to our participating merchants. You further attest that you have authorization to share and instruct us to disclose any personal information contained therein and agree to hold us harmless for the processing of this personal information. It should include:

details of the trademark or service mark that is claimed to be infringed, including the registration number and jurisdiction or geographical area to which it applies;
the name, address and telephone number of the owner of the trademark or service mark;
the goods and/or services covered by or offered under the trademark or service mark; and
a description of how you believe the trademark or service mark is being infringed, including the precise location of the infringing trademark or service mark.

While we reserve the right to remove any content that may constitute a trademark infringement of your trademark or service mark, we are not obligated to take any further action without a U.S. court order.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of third-party websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Documentation

Certain areas of the Website may contain documentation relating to Empower’s products, along with materials drafted by third parties. No documentation on this Website is intended to or grants any representation or warranty of any kind. Only documentation that is included with valid commercial agreements signed by Empower and you shall apply to the Empower products sold to you.

Disclaimer of Warranties

The information presented on or through the Website is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information.

THE WEBSITE AND ALL INFORMATION AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE AND ALL INFORMATION AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. EMPOWER DOES NOT WARRANT THAT THE INFORMATION AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE ACCURATE, CURRENT, COMPLETE, OR ERROR-FREE; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY REPORTED PROBLEMS MAY BE RESOLVED WITH THE USE OF ANY INFORMATION THAT EMPOWER PROVIDES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Geographic Restrictions

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

How to Contact Us

This website is operated by Empower Semiconductor, Inc. All feedback, comments, and other communications relating to the Website should be directed to: info@empowersemi.com.

Revision date: May 21, 2025