PROGRAM TERMS AND CONDITIONS
Welcome to the DTE Smart Savers Electric program (“Program”). By becoming a Participant of the Program, you may reduce stress on
the grid in your utility service area. By participating in the Program, you may
be eligible to receive the Reward described below, subject to these Program Terms
and Conditions (“Terms”). To become
a Participant in the Program, you must submit an application
to, and have it accepted by, both the “Sponsor” and the “Program
Administrator (as each is defined below). You must have an
installed and operational Device
from DER Vendor to
participate in this Program.
Binding Agreement. By applying for the Program, you agree to comply with and be bound by
these Terms, even if your application is not accepted or approved by the
Sponsor (as defined below) and the Program Administrator; provided, however, in
the event your application is not accepted or approved, you will not be subject
to data collection under these Terms. Failure to comply with these Terms may
result in your unenrollment from the Program. The decisions of the Sponsor and
the Program Administrator regarding your eligibility to participate are final
and binding in all respects. Sponsor reserves the right in its sole discretion
to unenroll any Participant for, among other things: (1) tampering or
attempting to tamper with the operation of the Program; or (2) violating these
Terms or the terms and conditions of use of any of Sponsor Parties’ property or
service. Any false information
provided within the context of the Program by any Participant is a violation of
these Terms and may result in the immediate unenrollment of a Participant and
forfeiture of any Reward.
About the Program. Applicants whose applications to participate in the Program are
submitted by the enrollment deadline and accepted by the Program Administrator
(“Participants”, “you”, and “your”)
and who fully comply with these Terms may receive an incentive, as set forth
below (“Reward”), to be provided to
you by Program Administrator following the conclusion of the Program term. To receive the Reward, you must be
accepted as a Participant by the Sponsor and Program Administrator, and your
participation must not be withdrawn or terminated.
Definitions. In the context of these Terms,
● The Program is provided by EnergyHub, Inc., 41 Flatbush Avenue, Suite 400A,
Brooklyn, NY 11217 (“Sponsor”).
● “Adjustment Events” mean
times during the Program Period when the DER Vendor will control Participant’s
Device(s) (on behalf of the Sponsor Parties) to signal the Device to charge,
discharge, or change its mode of operation, change device mode, setpoint, or
other settings, as applicable.
● “DER Vendor” means
your thermostat device manufacturer (i.e., Google, Sensi, etc.)
● “Device” means your DER Vendor’s product, which can be monitored during the Program by DER Vendor’s network
operations center.
● “FAA” means the Federal Arbitration Act.
● “Participant” means an applicant
and applicant that has been accepted into the Program by the Program
Administrator.
● “Program” means the DTE Smart Savers Program.
● “Program Data” means data related to your identity, your Adjustment Event opt-in or
opt-out status, your energy usage and/or energy production, your Program
Administrator account, your utility bill, and operational data about your
Device(s).
● “Program Period” means the duration of the Program from January 1st through December 31st.
● “Program Administrator” means your utility, namely DTE.
● “Reward” means an annual $50 bill credit per customer with at least one device enrolled
in the Program through September 30th. You must be enrolled by September 1 to
be eligible for annual bill credit.
● “Service” means the
connection between your Device(s) and the DER Vendor platform.
● “Sponsor Parties” means Sponsor, DER Vendor, and Program Administrator, their respective
successors and assigns, and each of their respective affiliates, agents,
directors, officers, and employees.
● “Terms” means these Program
Terms and Conditions.
Application Consent by
Participant. By submitting an application to enroll as a
Participant, you authorize the Sponsor Parties to 1) collect and exchange data
related to your identity, your Adjustment Event opt-in or opt-out status, your
energy usage and/or energy production, your Program Administrator account, your
utility bill, and operational data about your Devices (collectively, “Program Data”) and retain such data
indefinitely, solely for the purposes of determining your eligibility for the
Program and operating the Program; 2) review and analyze all of your Program
Data for the purposes of the Sponsor Parties fulfilling their obligations under
the Program and applicable law, improving the Program, measurement and
verification and as otherwise permitted by applicable law, and to exchange
conclusions with each other and publish results based on those conclusions,
provided that they treat all such Program Data in accordance with their
respective privacy policies; 3)
automatically signal your Devices to take part in Adjustment Events for
this Program or for general system testing purposes; 4) send you emails, text
messages and other notifications related to the Program, including about your
enrollment status and Program-related adjustments to your Devices; 5) send you
emails, text messages and other notifications related to surveys about the
Program and to share your responses to such surveys among the Sponsor Parties;
6) summarize the results of the Program in publicly-available studies, provided
that any Program Data included in such studies will be anonymous such that you
are not individually identifiable.
Eligibility and Enrollment. You may apply to become a Participant and participate in the
Program if you meet the following eligibility criteria and do the following:
● You must be at least 18 years of age;
● You must have one or more Devices that are compatible with and connected
to the DER Vendor platform (“Service”) and compatible with the Program design;
● Maintain an active account in good standing on the Service and a
continuous connection between your enrolled Devices and the Service;
● You must have AMI
metering installed;
● You must not already be
enrolled in DTE's CoolCurrents program;
● You must not already be
enrolled in DTE's SmartCurrents program;
● Assist Sponsor Parties’ support personnel in troubleshooting and
resolving connectivity, firmware and other Device-related issues; and
● Have an active residential or small commercial business utility account
in good standing with your Program Administrator.
Program Period. The Program will run for the Program Period defined above. You may
be automatically re-enrolled in subsequent Program Periods at Sponsor’s
discretion, subject to the then-current Terms for the Program. You may unenroll from the Program at any
time.
Program Description. Participant agrees to allow DER Vendor, on behalf of the Sponsor Parties,
to control the Participant’s Devices during the Program Period. Such adjustments are referred to as “Adjustment Events.” Adjustment Events
may signal the Device to charge, discharge, or change its mode of operation, change
device mode, setpoint, or other settings, as applicable. [For Devices that allow
for temperature control, Adjustment Events may include or be preceded by
“pre-cool” or “pre-heat” periods, wherein the then-current or scheduled target
temperature setpoint is temporarily changed to prepare for the subsequent adjustment.]
For certain types of services offered by the Sponsor Parties, an Adjustment
Event may occur even if the Device is in any kind of hold mode at the start of
the Adjustment Event. Participant may opt out of a current or future
Adjustment Event at any time by directly adjusting the Device or contacting DER
Vendor.
How to Apply. You can apply to
participate in the Program through your DER Vendor mobile app or at the program
enrollment website found here: https://www.thermostatrewards.com/dte. The Sponsor Parties may accept or reject your application in their
discretion.
How to Withdraw. Once you are accepted as a Participant in the Program, you may withdraw
by emailing
the Sponsor contact address specified below.
Withdrawal will not affect the other services provided by the Sponsor Parties
to you. By withdrawing, you may render yourself ineligible to receive the
Reward, participate in the Program in the future, or participate in other
programs offered by Sponsor.
Program Termination. Sponsor's ability to offer the Program is contingent on receiving
certain approvals and acceptances from Program Administrator. If such approvals
and acceptances are withheld or withdrawn, or if the Program is declared
unlawful, the Program will be terminated along with the Reward. Further, Sponsor’s
ability to offer the Program to you is contingent on Sponsor’s agreements with
DER Vendor, and in the event such agreement(s) terminate for any reason, your
participation in the Program will be terminated along with the Reward. In the
event of such termination, DER Vendor may provide notice to you by email, and
Sponsor may provide notice at www.energyhub.com.
Termination of the Program will not affect any payment obligations you may have
for your DER Vendor Device, and your DER Vendor customer agreement will remain
in effect.
Disqualification. The Sponsor Parties may terminate your participation in the Program
and Reward at any time and without liability upon notice to you via email if
you violate these Terms or applicable law, if you do not comply with any
reasonable request from a Sponsor Party in connection with this Program, if
your Program Administrator declares you ineligible for the Program, if your
account with Program Administrator or DER Vendor is no longer in good standing,
or if you do not maintain a continuous connection between your enrolled
Device(s) and the Service. If you enroll in a conflicting energy program
through Sponsor Parties, Sponsor may terminate your participation in the
Program without liability and without notice. Disqualification from the Program
will not affect any payment obligations you may have for your DER Vendor Device,
and your DER Vendor customer agreement will remain in effect.
Privacy Notice. By participating in the
Program, you agree that the Sponsor Parties may collect your personal
information or data and that if they cannot collect the required information or
data, you may not be eligible to participate in the Program. Sponsor Parties will
administer your personal information and usage data consistent with these Terms
and each company’s then-current privacy policy.
Sponsor’s privacy policy is located at:
http://www.energyhub.com/privacy-policy
Changes in Your Utility Costs. Sponsor Parties are
not responsible for any changes in your utility costs during the Program.
Information. You represent and warrant to Sponsor that the information you provide
to Sponsor while applying for and during the course of the Program is accurate
and complete, and you agree to promptly notify Sponsor if any information you
provided during your application for the Program has changed.
General Conditions. This Program is governed by the laws of the State of New York
without regard to its applicable principles of conflicts of law. The Sponsor
Parties’ failure to enforce any term of these Terms shall not constitute a
waiver of that provision. THE
SPONSOR PARTIES (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS,
OFFICERS, AND EMPLOYEES) ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCORRECT OR
INACCURATE PROGRAM APPLICATION INFORMATION, AND ASSUME NO RESPONSIBILITY FOR
(I) TYPOGRAPHICAL OR OTHER ERRORS IN THE PRINTING OF THE PROGRAM MATERIALS OR
THE OFFERING OR ANNOUNCEMENT OF ANY REWARD, (II) ANY ERROR, OMISSION,
INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE,
(III) FAILURE OF ANY APPLICATION TO BE RECEIVED BY SPONSOR DUE TO TECHNICAL PROBLEMS,
TELEPHONE SERVICE PROBLEMS, PRINTING ERRORS, HUMAN ERROR OR TRAFFIC CONGESTION
ON THE INTERNET OR AT ANY WEBSITE, (IV) COMMUNICATIONS LINE, HARDWARE AND/OR
SOFTWARE FAILURES, (V) DAMAGE TO ANY COMPUTER OR DEVICE (SOFTWARE OR HARDWARE)
RESULTING FROM PARTICIPATION IN THE PROGRAM, (VI) THEFT OR DESTRUCTION OF,
TAMPERING WITH, UNAUTHORIZED ACCESS TO, OR ALTERATION OF APPLICATIONS AND/OR
PROGRAM APPLICATION INFORMATION, OR (VII) APPLICATIONS WHICH ARE LATE OR LOST,
OR (VIII) ANY LOSS OF INCOME DUE TO DEVICE CONTROL. PARTICIPANT ASSUMES ALL RISK OF PARTICIPATION IN THE PROGRAM. TO
THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP
THE SPONSOR PARTIES (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS,
DIRECTORS, OFFICERS, AND EMPLOYEES) INDEMNIFIED AT ALL TIMES FROM AND AGAINST
ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES THAT ARISE
FROM OR ARE RELATED TO ANY ACT, DEFAULT OR OMISSION BY YOU AND/OR A BREACH OF
ANY WARRANTY BY YOU AND/OR TO ANY ACT, DEFAULT OR OMISSION BY YOU UNDER THESE
TERMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE SPONSOR
PARTIES (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS,
AND EMPLOYEES) HARMLESS FROM ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE
CAUSED BY PARTICIPATION IN THE PROGRAM AND/OR USE OR ACCEPTANCE OF ANY REWARD
OTHER THAN FOR: (1) DEATH OR PERSONAL INJURY ARISING AS A RESULT OF SPONSOR'S
NEGLIGENCE OR BREACH OF CONTRACT; OR (2) THE SPONSOR PARTIES’ FRAUDULENT
MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. THE SPONSOR PARTIES (AND
EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, AND
EMPLOYEES) HAVE NO LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR
EXPENSE INCURRED AS A RESULT OF OR IN CONNECTION WITH A PARTICIPANT'S
PARTICIPATION IN THE PROGRAM. If any
provision of these Terms is held to be invalid or unenforceable, all remaining
provisions of these Terms will remain in full force and effect. These Terms
will be binding on the Sponsor Parties and their respective successors and
assigns, and Participant. Participant
may not assign these Terms without the written consent of Sponsor whereas
Sponsor may assign these Terms to any third party. The Sponsor Parties are not
responsible for the policies, actions, or inactions of others that might
prevent the Participant from entering, participating, or claiming a Reward. For
the avoidance of doubt, it is specifically understood and agreed that there
shall be no personal liability on the part of any affiliates, agents, directors,
officers, and employees of each Sponsor Party under these Terms.
These Terms constitutes the entire agreement between Sponsor Parties and
a Participant relating to the subject matter hereof and supersedes all other
such prior or contemporaneous oral and written agreements and
understandings.
Arbitration. If the you and the Sponsor do not resolve any
dispute by informal negotiation, any other effort to resolve the dispute will
be conducted exclusively by binding individual arbitration governed by the
Federal Arbitration Act (“FAA”). You are giving up the right to litigate (or
participate in as a party or class member) all disputes in court before a judge
or jury. Instead, all disputes will be resolved on an individual basis before a
neutral arbitrator, whose decision will be final except for a limited right of
appeal under the FAA. Any court with jurisdiction over the parties may enforce
the arbitrator’s award.
No Class Action Procedure. Notwithstanding any of the foregoing or any other provision of these
Terms, class arbitration is not permitted under any circumstance. You and the
Sponsor agree that, by entering into this Agreement, THE PARTIES MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITY, and not
as a plaintiff or class member in any purported class or representative
proceeding. Further, you agree that the arbitrator may not consolidate
proceedings or more than one person’s claims, and may not otherwise preside
over any form of a representative or class proceeding. Although the non-availability of any form of
representative or class proceeding is clear from this Agreement, should any
dispute arise regarding or relating to the existence, validity, enforceability,
or interpretation of the Arbitration and No Class Action procedures provisions
above, the federal court located in New York, New York shall have the sole and
exclusive jurisdiction to hear and determine the issue.
Changes to the Terms. Sponsor Parties may modify these Terms at any time. We will notify you by email at the most
current email address we have on record for you when we make any material
changes to these Terms, and the effective date of the modified Terms, which
will be after the date of our notice to you. Your continued participation in
the Program thereafter signifies your acceptance to such modified Terms. The
modified Terms will apply only to disputes that arise after the effective date
of such modified Terms. We will also post the most current version of the Terms
on our website specified below and encourage you to check this site frequently.
Acceptance of Agreement. The use of an electronic signature process to accept and sign these
Terms, including your indication of acceptance of these Terms by a
click-through or click-wrap process presented on Sponsor’s website, shall
constitute effective execution and delivery of these Terms, and shall form a
binding contract between you and the Sponsor, and the other Sponsor Parties
shall be express third party beneficiaries hereof and may enforce the
provisions hereof as if they were a party hereto.
Additional Program Details. Additional program details are available at
the following website address: Smart Savers FAQs. EnergyHub
contact information for the program is: DTE@energyhub.com. DTE’s Program website address: Smart Savers.
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