Revised May 1, 2019

SMART ENERGY PROGRAM TERMS and CONDITIONS

YOU MUST BE AN EXISTING USER OF THE WHISKER LABS, INC. SERVICE TO ENTER THIS PROGRAM AGREEMENT WITH WHISKER LABS, INC. PLEASE READ THESE TERMS CAREFULLY. THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW.

Binding Agreement. To participate in the Program, Participants must be at least 18 years of age and agree to these official terms and conditions (“Terms”). Because these Terms form a legally binding agreement with respect to the Program, please read them carefully. If you do not agree to the Terms, you are not eligible to participate in the Program. Your application for the Program and your electronic acceptance thereof constitutes your agreement to be bound by these Terms. Notwithstanding the foregoing, you will not become a “Participant” in the Program until your application has been accepted and approved by Sponsor.

About the SMART ENERGY PROGRAM (“Program”). Participants whose applications to participate in the Program are accepted by Sponsor (“Participants”, “you”, and “your”) and who fully comply with these Terms may receive a reward, as described below (“Reward”).

Sponsor. The Program is provided by Whisker Labs, Inc. 12410 Milestone Center Dr., Suite 300, Germantown, MD 20876 (“Sponsor” or “Whisker Labs, Inc.”).

Other Definitions. In the context of these Terms,

  • “Utility” means Southern California Edison; and
  • “Program Parties” means Sponsor, Whisker Labs, Inc., and their respective affiliates, agents, directors, officers, employees, successors, and assigns.

Application Consent. Customers of Whisker Labs, Inc. who submit applications to participate in the Program (“Applicants”) authorize:

  • Sponsor to send you emails and other notifications related to your application for the Program; and
  • Sponsor, Utility, and their respective agents to exchange data related to your identity and your service account status with Utility, solely for the purposes of determining your eligibility for the Program.

Participation Consent. Participants authorize:

  • Sponsor to automatically adjust your thermostat, as required by the Program at times indicated by Utility (as described below) or for general system testing purposes;
  • Sponsor to send you emails and other notifications related to the Program, including information about your enrollment status and Program-related adjustments to your thermostat settings;
  • Sponsor and Utility to send you emails and other notifications related to surveys about the Program and to share your responses to such surveys among themselves. Such surveys may include questions about topics, such as your experience in the Program and your willingness to participate in future energy saving programs;
  • Sponsor and its agents to exchange data related to your energy usage, solely for the purposes of fulfilling their obligations under the Program;
  • Sponsor, Utility, and their respective agents to exchange data related to your identity and your service account status with Utility, solely for the purposes of fulfilling their obligations under the Program; and
  • Sponsor and Utility to summarize the results of the Program in publicly available studies, provided that any data included in such studies will be anonymous such that you are not individually identifiable.

Reward.  Participants enrolled in SCE’s Smart Energy Program are eligible for bill credits for their participation in the program.  Customers enrolled during the summer months will earn a daily capacity payment of $0.3275 from June 1 through September 30 of each year.  If a customer enrolls in the Program after June 1 or disenrolls prior to September 30, the payment will be prorated, based on the summer season days on which the customer was actively enrolled in the Program.  For more information on SCE’s Smart Energy Program, please visit www.sce.com.  Because a number of factors determine how your home uses electricity, Sponsor cannot promise that your participation in the Program will result in Bill Credits. Sponsor may also be compensated by Utility for your participation in the Program.

Smart Energy Program Sign-Up Bonus.  SCE offers a one-time sign-up bonus of $75 to customers who enroll in the Smart Energy Program.  The sign-up bonus is provided to customers, in the form of a bill credit, following successful enrollment.  To qualify for the $75 sign-up bonus, the following conditions apply:

  • The sign-up bonus is for new customer enrollments and is only available until funding is exhausted.
  • Customers previously enrolled in the Smart Energy Program for the same service account will be ineligible for the sign-up bonus.
  • If your service account closes or you disenroll from the Smart Energy Program before SCE can process any portion of the sign up bonus, your sign up bonus will be cancelled.
  • Sign-up bonuses are limited to one per service account and will not exceed $75. Enrolling multiple smart thermostats under the same account will not increase your sign-up bonus amount.
  • Customers that have more than one service account (e.g., a second home) and enroll in the program may be eligible for more than one sign-up bonus.
  • SCE will not pay a sign-up bonus for a thermostat with the same serial number that has already received a bonus or payment, including payment to a previous owner of the thermostat.
  • Customers that received their thermostat at no cost for participating in another SCE program (e.g., the residential direct install program) are not eligible for the $75 sign-up bonus.
  • Bill credits can be processed within one to two billing cycles.

Program Participation

By submitting this Agreement, you agree and certify that –

The information you have provided as part of this Agreement is truthful and you believe you meet the minimum eligibility criteria above. Whisker Labs may terminate your Agreement and remove you from, or decline to enroll you in, the SMART ENERGY Program if the information you submit is not truthful, if you do not satisfy eligibility requirements, or for any other reason. You are using SMART ENERGY Program on a voluntary basis.

During your participation in SMART ENERGY Program, Whisker Labs servers may remotely inform your Whisker Labs Thermostat to implement SMART ENERGY Program when energy events are declared. This will cause a change in the temperature setpoint for the air conditioner in your home. This adjustment will occur without any manual intervention by you.  Energy events will be declared by SCE 20 minutes prior to the start of an event; you may monitor SCE’s declaration of energy events for SMART ENERGY Program at https://www.sce.openadr.com/dr.website/scepr-event-status-resi.jsf under SCE’s program name, Smart Energy Program.

Smart Energy Program incentives are based on customer remaining enrolled in the program and responding to events, and these incentives are separate from the one time sign-up bonus.  All incentives are applied as bill credits and provided solely by SCE. Whisker Labs bears no responsibility for any incentives or rebates. You acknowledge that Whisker Labs is facilitating your ability to earn these incentives or rebates, but Whisker Labs is not providing you any compensation or other financial benefit, and your permissions to Whisker Labs are not contingent on receipt or amount of the incentives or rebates. Whisker Labs makes no promise of any incentive or rebate amount – your actual incentive amount will depend on your enrollment in the Smart Energy Program.

How To Apply. Eligible Participants can apply to participate in the Program by visiting https://connect.connectedsavings.com/#!/getdevice?campaignId=1 may accept or reject an Applicant’s application in its sole discretion. All entries become the property of Sponsor.

How To Withdraw. Once confirmed as a Participant, Participants can withdraw from the Program by emailing: connectedsavings@whiskerlabs.com or contacting SCE directly at (800) 655-4555. Withdrawing will not affect the other services provided by Sponsor to you. By withdrawing, you may render yourself ineligible to receive a Reward or other compensation from Sponsor, 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 electric utilities and electricity grid governing bodies, including the applicable Utility. Should Sponsor fail to obtain such approvals and acceptances or if the Program is declared unlawful, the Program will be terminated, and Participants may not receive any Reward or other compensation. In the event of such termination, Sponsor will provide notice posted of such termination at https://connect.connectedsavings.com/#!/getdevice?campaignId=1.

Participant Termination by Sponsor. Sponsor reserves the right to terminate your participation in the Program at any time and without liability to Participant upon notice via email to the email address registered with Whisker Labs, Inc. or that you use to apply for the Program if you violate these Terms, the Official Rules applicable to a Reward, applicable law, your Utility declares you ineligible or if your account with Whisker Labs, Inc. is no longer in good standing. If you enroll in a conflicting energy program through Whisker Labs, Inc. or Utility, Sponsor may terminate your participation in the Program without liability and without notice.

Privacy Notice. By participating in the Program, you agree that Sponsor and Utility can 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 and Utility will protect your personal information and usage data consistent with these Terms and each company’s then-current privacy policy.

Changes in Your Electricity Costs. Sponsor is not responsible for any changes in your electricity costs during the Program.

System Testing. In addition to the specific periods listed below, Sponsor may adjust your thermostat at any time for general system testing and maintenance. You will not receive a Reward or any other compensation for such adjustments.

Eligibility. Potential Participants who meet the following criteria may apply to participate in the Program:

  • You must have one or more thermostats that are compatible with and connected to the Whisker Labs, Inc. platform (“Service”); and
  • You must have an installed, connected and operable thermostat controlling an air conditioner at your SCE service address;
  • You must have an active account in good standing on the Service
  • You must have an eligible Edison SmartConnect® meter
  • You must receive both energy and distribution services (bundled) by SCE
  • You must receive service under rate schedule D, D-CARE, D-FERA, TOU-D or TOU-D-T
  • You must not be enrolled in any of the following programs, rate schedules, rate options, or services:
    • Demand Response programs or rates offered by Non-Utility Demand Response Service Providers
    • All types of Medical Baseline Allocations
    • Critical Peak Pricing (CPP)
    • Domestic Multiple (DM)
    • Domestic Multiple Service 1 (DMS-1)
    • Domestic Multiple Service 2 (DMS-2)
    • Domestic Multiple Service 3 (DMS-3)
    • Community Choice Aggregation (CCA) Service
    • Direct Access (DA) Service
    • Summer Discount Plan

Program Period. The Program will run throughout the year. You will be automatically re-enrolled annually at the Sponsor’s discretion or unless you terminate your participation, subject to the then-current Terms for the Program.

Participation Requirements. Participant agrees during the duration of the Program to:

  • Maintain an active account on the Service;
  • Maintain the connection between your enrolled thermostat(s) and the Service;
  • Maintain (i.e., always on) internet service;
  • Assist Sponsor’s and other support personnel in troubleshooting and resolving connectivity and other thermostat-related issues; and
  • Register the use of a minimum of 1.5 kWh, one hour before or after the energy event at least once in a calendar year to remain eligible to participate in the Program.

Adjustment Window. Participant’s enrolled thermostat(s) may be adjusted:

  • Any day of the year for up to a maximum of four hours;
  • Multiple events in one day are possible but will not exceed a cumulative total of four hours per day.

Adjustment Frequency. Historically, there have been approximately 12 energy events per year under SCE’s Smart Energy Program. However, there is no limit to the number of energy events per year or the number of adjustments. The total number of hours that can be called in a calendar year is 180 hours. Notwithstanding the foregoing, there is no limit to the adjustments for system testing, as described above.

Adjustment Details. Participant agrees to allow Sponsor to control his or her thermostat to reduce demand during the Program Period by increasing the current setpoint or scheduled target temperature setpoint by up to 4 °F to temporarily reduce normal operating patterns in order to reduce electrical demand. These setpoint increases may be preceded by “pre-cool” periods, wherein the current or scheduled target setpoint is temporarily decreased to prepare the premises for the subsequent setpoint increase. The change is measured relative to the setpoint of your thermostat at the beginning of an adjustment period and the setpoint defined by the programmed thermostat schedule as set with the Service. Your thermostat may be adjusted even if the thermostat is in hold mode at the start of an event.

Opting Out of an Adjustment. Participant may opt out of an adjustment at any time from your thermostat or through components of the Service, such as the web portal and smartphone applications. However, at Utility’s discretion, Participants may be removed from Program for overriding all energy events dispatched in a calendar year, when such overrides consistently occur within the first hour of events.  Participants may opt out of the Program in its entirety by emailing connectedsavings@whisklerlabs.com.

Other Terms and Conditions.

  • This Agreement is between you and Sponsor.
  • You may be excluded from being or from continuing to be a Participant if your thermostat is not connected to the Service for a period of 10 consecutive days during the Program Period.
  • You must maintain an eligible customer profile with the Utility, with an active service account, you must be a “bundled” customer (receive both your electricity service and billing service by the Utility). You may not be on a conflicting profile (e.g., the Medical baseline profile and enrollment in Critical Peak Pricing (CPP), both of which would make you ineligible) with Utility in order to remain a Participant in the Program.

Information. Participant represents and warrants that the information Participant provides while applying for and during the course of the Program is accurate and agrees to promptly notify Sponsor if any changes occur.

Conduct. By applying for the Program, Participant agrees to comply with and be bound by the Terms, any Official Rules applicable to a Reward and any other additional Program information provided to you during the Program. Failure to comply with these Terms may result in your disqualification from the Program. You further agree to comply with and be bound by the decisions of the Sponsor regarding your eligibility to participate, which are final and binding in all respects. Sponsor reserves the right in its sole discretion to disqualify any Participant it finds to be: (1) tampering or attempting to tamper with the operation of the Program; or (2) violating the Terms, conditions of use, or Terms of any of Program 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 disqualification of a Participant.

General Conditions. This Program is governed by the laws of the State of California. All federal, state and local laws and regulations apply. As a condition of participating in the Program, Applicants and Participants 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. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, and entrant further waives all rights to have damages multiplied or increased. The Program Parties are not responsible for any typographical or other error in the printing of the offer or administration of the Program. The Sponsor’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.

No Recourse to Judicial or Other Procedures. To the fullest extent permitted by law, the rights to litigate, to seek injunctive relief, or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Program are hereby excluded, and you expressly waive any and all such rights. Note, such waiver is not enforceable in all jurisdictions.

DISCLAIMER: THE PROGRAM PARTIES 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 (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) ENTRIES WHICH ARE LATE, LOST, STOLEN, DAMAGED, ILLEGIBLE, AND/OR UNINTELLIGIBLE (OR ANY COMBINATION THEREOF).

LIMITATIONS OF LIABILITY: PARTICIPANTS ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP THE PROGRAM PARTIES 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 INCLUDING WITHOUT LIMITATION RESULTING FROM OR IN RELATION TO ANY BREACH, NONOBSERVANCE, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE, PURSUANT TO THESE TERMS BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE PROGRAM PARTIES 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 PROGRAM PARTIES’ OR UTILITY’S FRAUDULENT MISREPRESENTATION OR SPONSOR’S DELIBERATE BREACH OF CONTRACT. THE PROGRAM PARTIES 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.

Third Parties. The Program Parties are not responsible for the policies, actions, or inactions of others that might prevent the Participant from entering, participating, or claiming a Reward. All Participant applications are subject to review by and require approval from Sponsor.

Severability. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

Terms Modifications. You agree that Sponsor has the right to make changes to these Terms at any time. Sponsor will make reasonable efforts to notify you of such changes, and you can review the most current version of the Terms at any time at https://connectedsavings.com/sce_wl_terms/. Your continued participation in the Program constitutes your agreement to the changed Terms.

Entire Agreement. These Terms, together with any Official Rules applicable to a Reward, constitutes the entire agreement between Sponsor and a Participant relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.

Authorization to Receive Customer Information

By submitting this Agreement, you also give Whisker Labs, Inc. and SCE the following permissions:

I authorize Whisker Labs, Inc. to act as my agent in connection with my participation in “Whisker Labs, Inc.’s Program”. SCE will provide eligibility information including name, email address, and service address back to Whisker Labs, Inc. for program participation, which may include information regarding my participation on Critical Peak Pricing or Medical Baseline or other eligibility related information.

Authorization is given for the period commencing with the date of execution until I cancel this authorization, whichever comes first.

SCE will provide the eligibility information requested above to Whisker Labs, Inc. to the extent available, at no charge to me.

I declare under penalty of perjury under the laws of the State of California that I am the customer of record for the service account provided.

I certify that Whisker Labs, Inc. has authority to act on my behalf and request the release of information for the account listed above and perform the specific acts and functions listed above.

I understand that SCE reserves the right to verify any authorization request submitted before releasing information or taking any action on my behalf.

I authorize SCE to release the confirmation of eligibility on my account to Whisker Labs, Inc. who is acting on my behalf regarding the matters listed above. I hereby release, hold harmless, and indemnify SCE from any liability, claims, demands, cause of action, damages, or expenses resulting from: 1) any release of information to Whisker Labs, Inc. pursuant to this Authorization; 2) the unauthorized use of this information by Whisker Labs, Inc. and 3) from any actions taken by Whisker Labs, Inc. pursuant to this authorization.

I understand that I may cancel this authorization at any time by contacting SCE at (800) 655-4555.