Official Terms and Conditions for EV Smart Charge Pilot™

Terms and Conditions and Release of Liability 

Welcome to the SRP EV Smart Charge Pilot (“Program”).  By becoming a Participant of the Program, you may reduce stress on the grid in your electricity service area. By participating in the Program, you may be eligible to receive a Bill Credit described below, subject to these Terms and Conditions (“Terms”). To become a Participant in the Program, you must submit an application to, and have it accepted by, Sponsor and the Utility (each as defined below). 

 

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 or the Utility. Failure to comply with these Terms may result in your disqualification from the Program. The decisions of the Sponsor and the Utility regarding your eligibility to participate in the Program are final and binding in all respects. Sponsor reserves the right in its sole discretion to disqualify 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 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 and forfeiture of any Bill Credit. 

 

Definitions.  

“Device” means an EV or EVSE that can be monitored and controlled during the Program through the Sponsor platform through the EV or EVSE communications pathway. 

“EV” means electric vehicle.  

“EVSE” means electric vehicle supply equipment. 

“Sponsor” means WeaveGrid, Inc., 375 Alabama St, Suite 325 San Francisco, CA 94110. 

“Utility” means Salt River Project Agricultural Improvement and Power District. 

 

About the Program. Applicants whose applications to participate in the Program are accepted by Sponsor and Utility (“Participants”) and who fully comply with these Terms will receive the incentives (“Bill Credit”) communicated in the email invitation received by the Participant. To receive the Bill Credit, you must be accepted as a Participant by the Sponsor and Utility and your participation must not be withdrawn or terminated. 

Program Description. Participant agrees to allow Sponsor to control the Participant’s EV or EVSE during the Program Period, to receive communications through SMS related to the Program, and to monitor and/or manage their charging through vehicle telematics and/or EVSE control to learn about EV driver behavior and grid impacts to SRP.   SRP, at its sole discretion, will determine the role of the Participant in the Program. 

Sponsor is the company providing the online platform to which the eligible devices will be connected. Sponsor’s platform allows the Utility to learn about EV charging patterns in their territory, EV charge management via vehicle telematics and/or EVSE.  

Application Consent by Participant. By submitting an application to enroll as a Participant in the Program, you authorize the Sponsor to (1) collect and exchange data related to your identity, your opt-in or opt-out status, your energy usage and/or energy production, your Utility account, your electric bill, and your Devices (collectively, “Program Data”), solely for the purposes of determining your eligibility for the Program and operating the Program; (2) review and analyze your Program Data for the purposes of the Sponsor fulfilling their obligations under the Program and applicable law, improving the Program, exchanging conclusions with each other and publishing results based on those conclusions, and as otherwise permitted by applicable law, provided that the Sponsor treat all such Program Data in accordance with their respective privacy policies (which are linked below under the “Privacy Notice; (3) monitor and manage your EV charging through vehicle telematics and/or EVSE control to learn about EV driver behavior and grid impacts to SRP; (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 themselves; and (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 have one or more Devices that are compatible with and connected to the Sponsor platform (“Service”) and compatible EV or EVSE within the Program design; 

• You much have and maintain an active residential account in good standing on the Service and a continuous connection between your enrolled Devices and the Service; and 

• You must assist Sponsor support personnel in troubleshooting and resolving connectivity, firmware, and other Device-related issues. 

 

Program Period. The Program will run for the period between May 1, 2024 through April 30, 2025 (the “Program Period”). You may be automatically re-enrolled in one or more subsequent Program Periods at Utility’ discretion, subject to the then-current Terms for the Program. Utility retains the right to terminate the Program at any time.   

At all times during the Program Period, the Customer will have the sole right to determine, control, and modify all Customer-defined settings and controls of Customer EV settings.    

Collection and Use of Program Data. Customer agrees to SRP’s collection of Program Data, the sharing of Program Data with third party providers and the use and publication of Program Data by SRP and third party providers, provided that in any such publication, the Program Data shall be aggregated with data from other SRP customers or otherwise anonymized. 

How To Withdraw. Once you are accepted as a Participant in the Program, you may withdraw from the Program at any time by emailing the Utility at Support@srpconnectedhome.com. Withdrawal will not affect any other services provided by the Sponsor to you. By withdrawing, you may render yourself ineligible to receive the Bill Credit, participate in the Program in the future, or participate in other programs offered by Sponsor or Utility. 

Program Termination. SRP may, in its sole and absolute discretion, terminate the Program at any time upon written notice to Participant.  

Disqualification. Sponsor may terminate your participation in the Program and your right to receive any applicable Bill Credit at any time and without liability upon notice to you via email if (1) you violate these Terms or applicable law, (2) you do not comply with any reasonable request from  Sponsor in connection with the Program, (3) Utility declares you ineligible for the Program, if your account with Sponsor or Utility is no longer in good standing, (4) you do not maintain a continuous connection between your enrolled Device(s) and the Service, or (5) you enroll in a conflicting energy program through Utility. 

Privacy Notice. By participating in the Program, you agree that the Sponsor 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 will protect your personal information and usage data consistent with these Terms and each company’s then-current privacy policy.  Utility’s privacy policy is located at: https://www.srpnet.com/about/privacy-policy.  Sponsor’s privacy policy is located at [insert website].  

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

Information. You represent and warrant to Sponsor that the information you provide 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. This Program and these Terms are  governed by the laws of the State of Arizona without regard to its applicable principles of conflicts of law. Sponsor’s or Utility’s failure to enforce any term of these Terms shall not constitute a waiver of that provision. NEITHER THE SPONSOR NOR UTILITY ARE 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 BILL CREDIT, (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 AGREE TO INDEMNIFY AND HOLD SPONSOR AND UTILITY HARMLESS 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 SPONSOR AND UTILITY HARMLESS FROM ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE PROGRAM AND/OR USE OR ACCEPTANCE OF ANY BILL CREDIT OTHER THAN FOR: (1) DEATH OR PERSONAL INJURY ARISING AS A RESULT OF SPONSOR OR UTILITY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (2) SPONSOR OR UTILITY’S FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. EXCEPT AS OTHERWISE SET FORTH HEREIN, NEITHER  SPONSOR NOR UTILITY WILL HAVE ANY LIABILITY TO 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 Sponsor and its successors and assigns, and Participant. Participant may not assign these Terms without the written consent of Sponsor whereas Sponsor and/or Utility may assign these Terms to any third party. Neither Sponsor nor Utility are not responsible for the policies, actions, or inactions of third parties that might prevent the Participant from applying for or participating in the Program or claiming or receiving a Bill Credit. 

These Terms constitute the entire agreement between Sponsor, Utility, and Participant relating to the subject matter hereof and supersede all other such prior or contemporaneous oral and written agreements and understandings. 

 

No Class Action. To the extent such wavier is not permitted by law, notwithstanding any of the foregoing or any other provision of these Terms, you may not bring or be a party to a class action related to the Program or these Terms. You agree that, by participating in the Program and agreeing to these Terms, 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 a court 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.  

Changes to the Terms. Sponsor may modify these Terms at any time. Sponsor will notify you by email at the most current email address Sponsor has on record for you when Sponsor makes any material changes to these Terms, and the effective date of the modified Terms, which will be after the date of Sponsor’s 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. Sponsor will also post the most current version of the Terms on its website https://charge.weavegrid.com/terms/ and encourages 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.