PROGRAM TERMS AND CONDITIONS
Welcome to the Smart Savers Rewards 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”). You may also be eligible for the giveaway promotion (“Giveaway
Promotion”), subject to the Program Giveaway Terms (the “Giveaway Terms”)
as described below. 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 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 accepted by Program
Administrator (“Participants”) and who fully comply with these Terms may
receive the incentive set forth below (“Reward”) to be provided to you by Program Administrator. 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must not be withdrawn or terminated..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 change its setpoint
●
“DER Vendor” means Lux
●
“Device” means your Lux product, which can be
monitored and operated during the Program by DER Vendor’s network operations
center.
●
“FAA” means the Federal Arbitration Act.
●
“Participant” means an applicant that has been accepted
into the Program by the Program Administrator.
●
“Program” means the Smart Savers Rewards 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 United
Illuminating Company
●
“Reward” means a $35 one-time
virtual prepaid Mastercard® per eligible thermostat at time of enrollment. If
you enroll by September 1 you will also receive a $25 virtual prepaid
Mastercard® per device following the conclusion of the summer season, which
ends on or around September 30.
●
“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 Program Data, 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 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 adjust your Devices, as required by the Program at times indicated by Program Administrator (as described below) or for general system testing purposes; 4) send you emails, text messages and other notifications related to the Program and other relevant programs,, 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 themselves; 6) retain all of your Program Data indefinitely for record keeping purposes; and 7) 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;
· Assist Sponsor Parties’
support personnel in troubleshooting and resolving connectivity, firmware and
other Device-related issues; and
· Have an active utility account 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 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 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 an Adjustment
Event at any time directly by adjusting the Device.
How To Apply. You can apply to
participate in the Program through your thermostat account or at the program
enrollment website specified below. Sponsor and Utilities may accept or reject
your application in their sole 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 or DER Vendor.
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.
Disqualification. Sponsor 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 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.
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, (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 the Sponsor Parties 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
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 DER Vendor’s website, shall constitute
effective execution and delivery of these Terms, and shall form a binding
contract between you and the Sponsor Parties.
Additional Program Details. Additional program details are
available at the following website address: https://www.uinet.com/smartenergy/rebatesandprograms/ui-smart-savings-rewards/. EnergyHub
contact information for the
program is: ui@energyhub.com.
© 2025 EnergyHub,
Inc. All rights reserved.