The Austin Energy Power Partner^TM Thermostat Program (the “Program”), provided by Austin Energy and offered by Ademco, Inc., a wholly owned operating subsidiary of Resideo Technologies, Inc. (“Resideo”), using your smart thermostat, allows your thermostat manufacturer’s servers to remotely inform your thermostat of the existence of an Austin Energy demand response event causing the thermostat automatically to change the temperature setpoint in your home. You may override this temperature setpoint simply by turning your thermostat to a different temperature or using the thermostat website or mobile application. Austin Energy, Resideo, and your thermostat manufacturer may be referred to jointly as “Program Parties.”

Overview

To participate in the Program, you must be at least 18 years of age and agree to this agreement. This is a legally binding agreement with respect to the Program. By submitting this agreement, you agree to be bound by all terms and conditions of this agreement, and you give Program Parties permission to enroll you in the Program pursuant to the terms and conditions of this agreement. You will not be enrolled in the Program until your application has been accepted and approved by Austin Energy.

Incentive(s)

If Austin Energy approves this agreement, and in its sole discretion finds that you are eligible to participate, Austin Energy will provide you with an enrollment payment (“Incentive”), issued in the name of utility account holder within six weeks of application acceptance. The Incentive is provided solely by Austin Energy. Neither the thermostat manufacturer nor Resideo bear any responsibility for the Incentives.

Program Terms

You are participating in the Program on a voluntary basis. If you no longer wish to participate in the Program, you may cancel at any time by contacting Austin Energy or Resideo at the phone or email address in the Program Details below. By cancelling your participation, you may become ineligible to receive future incentives or participating in Austin Energy programs.

By accepting this agreement, you agree to the following:

• You authorize Austin Energy to schedule events affecting your thermostat to reduce electrical demand, and you authorize Resideo to remotely inform your thermostat to change the temperature setpoint in your home at the scheduled time without any manual intervention by you.
• You agree that Austin Energy may contact you by e-mail, mail, or telephone if, for any reason, Austin Energy needs to verify connectivity or customer status, administer surveys, and/or present additional offers.

• You agree to maintain network connectivity to the thermostat through an internet service provider and allow Austin Energy, and Resideo, access to operational data such as temperature set-point, fan status, heating or cooling mode, compressor and fan runtimes, and opt-in or opt-out status.

• The Program Parties may exchange certain information related to your Austin Energy account, identity, your energy usage, and any decision to opt out of the Program solely for the purposes of administering the Program.

• Austin Energy may summarize the results of the Program in publicly available studies, provided that any data or information included in such studies will be aggregated and anonymized such that you cannot be individually identified.

• If Resideo ceases to be an approved provider of Austin Energy, Austin Energy may assign this agreement to another Program-approved provider under the same terms of this agreement to perform the functions described herein.

• You are responsible for maintaining the thermostat, including, but not limited to, making any warranty claims covered by the manufacturer.

• If you remove or cause your thermostat to be removed from the Program or exchange or upgrade your thermostat within two years of receiving an Incentive, you may be enrolled in the Program but will not be eligible for a Program Incentive.

• You agree to provide access to (i) your service address to Austin Energy and/or Austin Energy’s contractors to verify installation of your thermostat and (ii) energy use data collected by Austin Energy electric meter to evaluate program performance.

General Conditions

This agreement is governed by the laws of the State of Texas. All federal, state and local laws and regulations apply. The Program Parties and their respective affiliates, agents, directors, officers, employees, successors, and assigns are not responsible for any typographical or other error in the printing of the offer or administration of the Program. The Program Parties’ failure to enforce any term of this agreement shall not constitute a waiver of that provision.  As a condition of participating in the Program, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with the Program, shall be resolved individually, without resort to any form of class action. In any such dispute, you hereby waive all rights to claim or be awarded, punitive, incidental or consequential damages, including attorneys’ fees, and you further waive all rights to have damages multiplied or increased.

LIMITATIONS OF LIABILITY

NEITHER AUSTIN ENERGY NOR RESIDEO WILL BE LIABLE IN ANY MANNER WHATSOEVER FOR THE OPERATION OF THE THERMOSTAT OR FOR ITS PERFORMANCE OR NON-PERFORMANCE OR FOR THE PERFORMANCE OR NON-PERFORMANCE OF YOUR AIR CONDITIONING SYSTEM OR COSTS ASSOCIATED WITH THE AIR CONDITIONING SYSTEM’S ENERGY USAGE. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES.

Entire Agreement

This agreement constitutes the entire agreement between the Program Parties and you relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.

Program Details

• Austin Energy website address: https://savings.austinenergy.com/rebates/residential/offerings/cooling-and-heating/pp-thermostat/
• Program Eligibility Requirements: In order to participate in the Program, for the duration of the Program you must: (1) be a customer in good standing of Austin Energy; (2) have an active thermostat account linked to your thermostat; (3) agree to the terms and conditions set forth in this agreement; (4) assist Resideo support personnel in troubleshooting and resolving connectivity and other thermostat-related issues.
• The Program application for enrollment is available at the following website address: https://connect.connectedsavings.com/#!/getpromotionDetails?campaignId=59 Resideo contact information: energysupport@resideo.com
• Austin Energy contact information: conservation@austinenergy.com or 512-482-5346
• Program Period: The Program will continue until Austin Energy terminates the program. Your enrollment will auto-renew annually unless and until you withdraw by contacting Austin Energy.
• The Program Terms are available at the following website address:_https://austinenergy.com/go/powerpartner.